ACTS AND RESOLUTIONS OF THE
SECOND SESSION OF THE 154TH
GENERAL ASSEMBLY
OF THE STATE OF GEORGIA
2018
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume Two
COMPILER'S NOTE
General Acts and Resolutions of the 2018 Regular Session of the General Assembly of Georgia will be found in Volume One, Book One beginning at page 1. The Supplementary Appropriations Act for FY 2017-2018 and the Appropriations Act for FY 2018-2019 will be found in the Volume One Appendix. These two Acts have been separately placed in the Appendix in order to maintain the special formatting and unique characteristics of the underlying bills. Local and Special Acts and Resolutions will be found in Volume Two beginning at page 3501. Home rule actions by counties and consolidated governments and by municipalities filed in the Office of the Secretary of State between May 1, 2017, and May 1, 2018, are printed in Volume Two beginning at pages 4247 and 4265, respectively.
There are no numbered pages between page 1141, the last page of Volume One, and page 3501, the first page of Volume Two. This allows both volumes to be prepared simultaneously. The only page numbers in the Volume One Appendix will be those appearing in the underlying bills.
Indexes; lists of Acts, Bills, and Resolutions and their Georgia Laws page numbers; material related to courts; population charts; lists of members of the General Assembly; referendum results; and the Governor's veto messages are printed in Volume Three. Indexes cover material in both Volumes One and Two. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.
Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House or Senate Bill or Resolution number which it was given when it was introduced in the General Assembly. These captions are not part of the Act or Resolution when they are enacted or adopted by the General Assembly. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor.
GEORGIA LAWS 2018
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions of General Application .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Supplementary Appropriations Act for FY 2017-2018. . . . . . . . . . . . . . . . . . Appendix General Appropriations Act for FY 2018-2019.. . . . . . . . . . . . . . . . . . . . . . . Appendix
VOLUME TWO
Acts and Resolutions of Local Application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3501 County and Consolidated Government Home Rule Actions. . . . . . . . . . . . . . . . . . 4247 Municipal Home Rule Actions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4265
VOLUME THREE
Acts by Numbers-Page References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1A Bills and Resolutions-Act Number References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A Index-Tabular.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7A Index-General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29A Population of Georgia Counties-Alphabetically. . . . . . . . . . . . . . . . . . . . . . . . . . . . 73A Population of Georgia Counties-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77A Population of Cities-Alphabetically.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82A Population of Cities-Numerically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90A Population of Judicial Circuits.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98A Georgia Senate Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 103A Georgia Senators, Numerically by District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105A Georgia House Districts, Alphabetically by County. . . . . . . . . . . . . . . . . . . . . . . . 109A Georgia Representatives, Numerically by District.. . . . . . . . . . . . . . . . . . . . . . . . . 111A Status of Referendum Elections.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121A Governor's Proclamations and Vetoes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366A State Auditor's Report on Funding of Retirement Bills. . . . . . . . . . . . . . . . . . . . . . 375A Historical List of General Assemblies of the State of Georgia. . . . . . . . . . . . . . . . 377A Legislative Services Committee and Staff.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378A
GEORGIA LAWS 2018 SESSION
3501
LUMPKIN COUNTY LUMPKIN COUNTY AIRPORT AUTHORITY; CREATE.
No. 281 (Senate Bill No. 276).
AN ACT
To create the Lumpkin County Airport Authority; to provide for creation and organization of the authority; to provide for purposes; to provide for definitions; to provide for members; to provide for officers, quorum, bylaws, procedures, and meetings; to provide for vacancies; to provide for removal; to provide for conflicts of interest; to provide for powers; to provide for execution of legal instruments; to provide for revenue bonds; to provide for property and facilities; to provide for transfer of contracts; to provide for control of airports; to provide for use of funds; to provide for financial reports and budgets; to provide for maintenance of roads, taxiways, and runways; to provide for revenues; to provide for appropriation of funds; to provide for immunity from liability; to provide for exemption from taxation; to provide for dissolution; to provide for a principal office; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Creation of authority.
There is created the Lumpkin County Airport Authority which is referred to in this Act as the "authority." The authority shall be an instrumentality and political subdivision of the State of Georgia and a public corporation. The authority may exercise, subject to approval of the governing authority of Lumpkin County, the powers set out in this Act with respect to any land located within Lumpkin County or land contiguous to Lumpkin County which is, in such case, owned by Lumpkin County or the authority and is used for airport purposes as provided in this Act.
SECTION 2. Declaration of purposes.
The purposes and objectives of this Act and the authority created by this Act shall be to meet the needs and requirements recognized in this Act through the improvement, maintenance, and operation of the Lumpkin County Airport; to ensure the orderly and proper use and growth of the public airport; to ensure that the maximum public benefit is obtained from the public airport that is presently in existence; to ensure proper planning and establishment of airports needed in the future; to ensure the maximum participation of this region and state in national and international programs of air transportation; and to promote public
3502
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
transportation and commerce, all to the end of providing the most effective and economical use of public airports for the public welfare, safety, and convenience.
SECTION 3. Definitions.
As used in this Act, unless the context in which they are used requires otherwise, the term: (1) "Airport" means any area of land or structure within the authority's jurisdiction, as set out in Section 1 of this Act, that is or has been used or which the authority may plan to use for the landing and taking off of commercial, private, and military aircraft, including helicopters; all buildings, equipment, facilities, or other property and improvements of any kind or nature located within the bounds of any such land area or structure that are or have been used or that the authority may plan to use for terminal facilities; all facilities of any type for the accommodation of passengers, maintenance, servicing, and operation of aircraft, business offices and facilities of private businesses and governmental agencies, and the parking of automobiles; and all other activities which are or have been carried on or which may be necessary or convenient in conjunction with the landing and taking off of commercial, private, and military aircraft, including all land originally acquired by Lumpkin County for the establishment of a county airport, any land to be deeded to Lumpkin County for airport use, including without limitation, aviation easements, and other real or personal property. (2) "Airport hazard" means any structure, terrain, or object of natural growth which obstructs or impedes the airspace required for the flight, landing, or taking off of aircraft to or from an airport, or any other thing that is hazardous to the flight, landing, or taking off of aircraft to or from an airport. (3) "County" means Lumpkin County, Georgia. (4) "Revenue Bond Law" means the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as now or hereafter amended.
SECTION 4. Members of the authority; qualifications.
(a) The authority shall be composed of five members who shall serve without pay and who shall be appointed by the governing authority of Lumpkin County. Members of the authority shall be at least 21 years of age, shall have been a resident of Lumpkin County for at least one year prior to the date of such person's appointment, and shall not have been convicted of a felony. Additionally, the members of the authority, as a whole, shall possess general knowledge of, or experience in, general aviation or airport operations matters, as well as large business management, banking, or finance. (b) The five members of the authority shall meet the following additional criteria:
(1) At least one member shall have experience in banking or finance;
GEORGIA LAWS 2018 SESSION
3503
(2) At least one member shall have experience in a business requiring interaction with the public; (3) At least one member shall be an aircraft owner with an aircraft based at the Lumpkin County Airport; (4) At least one member shall have experience in local, state, or national government activities; (5) One member shall be the chairperson of the governing authority of Lumpkin County. The chairperson of the governing authority may nominate a district commissioner to serve on the authority in his or her stead. The chairperson shall nominate such commissioner at any regular or special meeting of the board, and the board shall consider and vote upon the nomination in the same manner as any other motion. If approved, the nominated commissioner shall serve on the authority until the commission term of the chairperson is complete or until the commission term of the nominated commissioner is complete, whichever first occurs. If any such commissioner is not approved by the board, the chairperson of the governing authority may nominate an alternative district commissioner in the same manner provided by this paragraph; and (6) No more than two of the five members shall be aircraft owners with aircraft based at the Lumpkin County Airport.
SECTION 5. Terms of members.
The terms of office of members of the authority shall be for four years and until their respective successors are appointed, except that the governing authority of Lumpkin County, in making the initial appointments, may vary the initial terms of members so as to stagger the terms such that the terms of no more than two members expire annually.
SECTION 6. Election of officers, quorum, bylaws, procedures, and meetings.
After the appointment of the initial members, the full membership of the authority shall meet as soon as practicable and shall elect one of its members as chairperson and one as vice chairperson, each of whom shall continue as voting members in such positions for the succeeding year and until their successors are elected. Thereafter, a chairperson and vice chairperson shall be elected in the same manner each year to serve for the succeeding year and until their successors are elected. The chairperson shall preside at meetings of the authority, the vice chairperson shall preside in his or her absence, and they shall have such other powers, duties, and responsibilities as are set out elsewhere in this Act and in the bylaws of the authority. The authority shall also designate a secretary to record the minutes of the authority. The secretary shall be responsible for transmitting all minutes and records of the authority to the county clerk of Lumpkin County on a monthly basis. A majority of
3504
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the members of the authority shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the authority. The authority shall, as soon as practicable, adopt its own bylaws, rules of procedure, and rules of conduct of its business. The authority shall meet at least once a month and at such other times as it may deem necessary. All meetings shall be conducted in compliance with Chapter 14 of Title 50 of the O.C.G.A.
SECTION 7. Compensation of members.
The members shall receive no compensation or reimbursement for expenses.
SECTION 8. Vacancies in authority.
Should an appointed member vacate his or her office either by resignation, death, removal, or for any other reason, the governing authority of the county shall, as soon thereafter as practicable, appoint another member as a member of the authority to complete the term of the vacating member. Until such time as a new member is appointed, the total number of members of the authority for the purposes of determining a quorum shall not include the vacating member.
SECTION 9. Removal of members.
Any member may be removed from office for good cause affecting his or her ability to perform his or her duties as a member; for misfeasance, malfeasance, or nonfeasance in office; for absence from three consecutive regularly scheduled meetings; or for violating Section 11 of this Act. Any finding of such cause for removal shall be made by vote of a majority of the governing authority of the county, but only after a public hearing at which such member is given the right to present evidence in his or her behalf.
SECTION 10. Executive director, treasurer, and other administrative officers and employees.
(a) The authority may, by unanimous vote, petition the governing authority of the county to appoint an executive director under such terms and conditions as it deems appropriate. (b) In like manner, the authority may, by unanimous vote, petition the governing authority of the county to appoint a treasurer who shall have custody of all moneys, funds, notes, bonds, and other securities as the authority may prescribe.
GEORGIA LAWS 2018 SESSION
3505
(c) The authority may also petition the governing authority of the county to authorize and employ such other administrative officers and employees under such terms and conditions as the authority shall consider necessary and appropriate to effectuate its purposes under this Act. (d) Lumpkin County shall be the custodian of all records of the authority.
SECTION 11. Conflicts of interest.
(a) Except as otherwise provided in subsection (b) of this section, no member, officer, or employee of the authority shall have a financial interest, direct or indirect, in any contract with the authority or be financially interested, directly or indirectly, in the sale to the authority of any lands, materials, supplies, or services, except on behalf of the authority as a member, officer, or employee. Any violation of the provisions of this section by a member of this authority shall be grounds for removal pursuant to Section 9 of this Act. Any violation of the provisions of this section by the executive director, any officer, or any employee of the authority shall be grounds for removal by the authority. (b) Any member, officer, or employee of the authority may rent hangar space for his or her personal or business aircraft on the same basis and cost as any other aircraft owner; such rental shall not be deemed a conflict of interest.
SECTION 12. Powers of authority.
The authority shall possess, subject to approval by this governing authority of the county and those conditions and limitations set out elsewhere in this Act, all the powers necessary or convenient for it to accomplish the purposes of this Act, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this Act:
(1) To adopt a seal to be used for the authentication of legal documents, obligations, contracts, and other instruments and to alter the same at the pleasure of the authority; (2) To acquire by purchase, lease, gift, or otherwise and to hold, lease, sell, use, and dispose of real and personal property of every kind and character or any interest therein; (3) To request that the county exercise the power of eminent domain to acquire any private real property or any rights or interests therein, including any easements, as necessary or convenient for the accomplishment of the purposes of this Act, including the elimination of airport hazards, in accordance with the provisions of any and all existing laws applicable to the exercise of such power, including, without limitation, the authority provided for in Code Section 6-3-22 of the O.C.G.A. The authority shall pay for any property condemned under this power from funds of the authority. The court having jurisdiction of the suit, action, or proceedings may enter such orders regarding the payment for such property or
3506
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
interest therein as may be fair and just to the county, to the authority, and to the owners of the property being condemned; (4) To appoint, select, and contract for the services of engineers, architects, building contractors, accountants and other fiscal agents, attorneys, and such other persons, firms, or corporations as are necessary to accomplish the purposes of this Act for such fees of compensation and under such terms and conditions as it deems appropriate, contingent, however, on the ability of the authority to fund such action; (5) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, and lease all airports which shall come under the control of the authority under the provisions of this Act or which it may acquire or plan to acquire; to regulate, protect, and police such airports and all related activities and facilities; to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of property or services of the authority and collect and use the same as necessary to operate the airports under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes; (6) To contract with any persons, firms, or public or private corporations to supply goods, commodities, facilities, and services to the public, employees of the authority, and employees of air carriers and other commercial interests located at any airport under the control of the authority under such terms and conditions as it may prescribe, including the power to grant exclusive rights, franchises, or concessions; (7) To adopt reasonable rules and regulations for the orderly, safe, efficient, and sanitary operation of airports and related facilities under the control of the authority. All such rules and regulations shall become effective upon approval of the authority and after publication of a notice containing a substantive statement of the rule or regulation in a newspaper of general circulation in Lumpkin County. The notice shall state that the full text of all rules and regulations shall be maintained in the principal office of the authority where such text will be open to public inspection and perusal. All rules and regulations shall in fact be so maintained; (8) To provide fire protection and crash and rescue services or to arrange for such services in connection with any federal, state, municipal, or county agency or any private firm in the business of providing such services; (9) Subject to the prior approval of the governing authority of Lumpkin County, such approval being spread upon the minutes of a public meeting at which all details are made a part of the decision process, to make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in aid of airports under the control of the authority and to accept and use such loans, grants, guarantees, or other financial assistance upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source;
GEORGIA LAWS 2018 SESSION
3507
(10) To enter into agreements with the state, any state agency, county, municipality, or the federal government or any agency thereof to use in the performance of the functions of the authority in order to accomplish the purposes of the authority as set forth in this Act; (11) To borrow money to accomplish any purpose and execute evidences of indebtedness therefor and secure such indebtedness in such manner as the authority may provide by resolution authorizing such indebtedness to be incurred; provided, however, that the authority shall not pledge for the payment of such indebtedness revenue pledged for the payment of any other indebtedness then outstanding or encumber property in violation of the terms of any existing contract, agreement, or trust indenture securing existing indebtedness; (12) To issue negotiable bonds, including revenue and refunding bonds, under such terms and conditions as it deems appropriate and to provide for the payment of the same and for the rights of the holders therefor; (13) To enter into any financial arrangements whatsoever necessary to accomplish the purposes of this Act not prohibited by this Act or by the Constitution of the State of Georgia; (14) To sell, lease, or otherwise dispose of surplus personal property and to sell, lease, or otherwise dispose of land and any improvements thereon acquired by the authority pursuant to law that the authority may determine is no longer required to accomplish the purposes of this Act, including property that is suitable for industrial development. Any such property may be sold, leased, or otherwise disposed of upon such terms and conditions as may be provided by resolution of the authority. The proceeds of any such sale may be used by the authority to accomplish any of the purposes of this Act; (15) To determine what usage may be made of airports subject to the control of the authority, including the power to determine what classes of aircraft may use particular airports in order to derive the maximum public benefit from all airports; (16) To exercise each and every power that any municipality or any county could exercise, under laws existing at the time this Act becomes law, over airports owned or operated by any municipality or any county which subsequently comes under the control of the authority under the provisions of this Act just as if the authority were the municipality or the county that previously owned or operated such airport and with regard to any future airport or airports not existing at the time this Act becomes law. The authority may exercise each and every power that a municipality or county could have exercised under this Act had the authority acquired the ownership or operation of any such airport or airports as if the authority were a municipality or county; (17) To enter into contracts, leases, or other agreements with federally certificated air carriers, other commercial air carriers, and other commercial users of the authority's airports for the use of such airports under such terms and conditions as the authority deems appropriate and for such charges, rentals, and fees as the authority deems appropriate under the circumstances;
3508
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(18) To enter into such agreements with any municipality or county presently operating airports of which the authority may subsequently assume control with respect to the manner of transfer of airport employees from any municipality or any county to the authority as the authority deems necessary and appropriate under the circumstances; (19) To establish a plan of civil service for officers and employees of the authority or to provide by resolution that such officers and employees of the authority shall be covered under any state, county, or municipal civil service plan that is available to such employees under the laws of this state or any county or municipality; and (20) To establish a plan for retirement, disability, hospitalization, and death benefits for officers and employees of the authority or to provide by resolution that such officers and employees shall be covered under any state, county, or municipal plan available to them under the laws of this state or any county or municipality.
SECTION 13. Execution of contracts, leases, obligations, agreements, or other legal instruments.
The authority shall follow Lumpkin County's financial policy. Any and all contracts, leases, obligations, agreements, or other legal instruments of the authority shall be approved by resolution of the authority and shall be executed by those individuals designated in such resolution or, in the absence of such designation, by the chairperson or vice chairperson. Nothing in this provision shall prohibit general resolutions authorizing the executive director or other officers, agents, or employees to execute such contracts, leases, obligations, agreements, or other legal instruments as the authority may prescribe. All such contracts, leases, obligations, agreements, or other legal instruments shall be in compliance with Lumpkin County's financial policy. No contracts, leases, obligations, agreements, or other legal instruments of the authority shall obligate Lumpkin County unless specifically approved by the governing authority of Lumpkin County.
SECTION 14. Revenue bonds, Revenue Bond Law applicable.
(a) The authority shall have the power and is authorized, at one time or from time to time as it deems necessary to accomplish the purposes of this Act, to issue revenue bonds pursuant to the Revenue Bond Law, subject to approval by the governing authority of Lumpkin County. (b) Except as otherwise provided in this Act, nothing in this section shall be construed so as to limit the power of the authority to issue any bonds authorized pursuant to Section 13 of this Act, except as provided in such law. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. For purposes of validation of bonds under the Revenue Bond Law, the authority shall be considered to be located in Lumpkin County. All revenue bonds issued under the provisions of this Act are
GEORGIA LAWS 2018 SESSION
3509
declared to be issued for an essential public and governmental purpose and said bonds and the income therefrom shall be exempt from all taxation within the state. (c) Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Lumpkin County nor a pledge of the faith and credit of said county and shall not directly, indirectly, or contingently obligate Lumpkin County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
SECTION 15. Property of authority deemed to be public property.
It is declared that all property of the authority held pursuant to the terms of this Act, whether real or personal, tangible or intangible, and of any kind or nature, and any income or revenue therefrom is held for an essential public and governmental purpose and all such property is deemed to be public property.
SECTION 16. Transfer of airport and related facilities to authority; public necessity.
(a) The authority shall by resolution, at such times as shall be deemed appropriate, determine what public airports within its jurisdiction as set out in Section 1 of this Act are necessary to accomplish the purposes of this Act and shall inform the governing authority of the county of such determination and request that the governing authority convey by deed all of the right and interest in real property and any other property making up such airports owned by Lumpkin County to the authority for a proper consideration within such time as the authority may prescribe, subject to the provisions of Section 19 of this Act. It is declared that the conveyance of such property is necessary and essential in order to accomplish the purposes of this Act so as to secure the public welfare, safety, and convenience. (b) A portion of the property currently identified as the Lumpkin County Airport is subject to the reversion provision contained in that certain deed from A. G. Wimpy to Lumpkin County dated October 18, 1966, and recorded in Deed Book P-2, page 367, Lumpkin County Records.
SECTION 17. Transfer of contracts to authority.
Upon conveyance of any airport to the authority pursuant to this Act, all contracts, commitments, leases, and other obligations of Lumpkin County with respect to such airport shall be transferred to the authority, and the authority shall stand in the place of Lumpkin
3510
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County for the purposes of such contracts, commitments, leases, or other obligations, subject to the provisions of Section 19 of this Act.
SECTION 18. Airport subject to control of authority.
Any airport acquired by the authority pursuant to this Act or acquired by the authority in any legal manner, and any other property held by the authority, shall be under the control of the authority, and the authority shall have the right to exercise any and all of the powers set out in this Act in regard thereto.
SECTION 19. Powers of authority limited to airports.
All of the powers, general and specific, granted to the authority pursuant to this Act shall be exercised only in regard to airports and are subject to approval by the governing authority of the county. The authority shall not have the power to plan, construct, finance, operate, or maintain any facilities other than airports and related facilities; provided, however, that nothing in this section shall be construed to prohibit the authority from cooperating with other federal, state, county, or municipal governmental agencies or public corporations in order to coordinate other types of facilities with airports under the control of the authority or purchasing, selling, exchanging, or otherwise acquiring any property from or with such agencies or corporations.
SECTION 20. Funds of authority to be used only for airports.
The funds of the authority, from whatever source, shall be used only in support of airports as defined in this Act, but nothing in this section shall prohibit the authority from making, subject to approval by the governing authority of the county, any and all expenditures of any kind or nature necessary to support such airports under the control of the authority.
SECTION 21. Publication of financial report and budget.
The budget of the authority shall be approved by the governing authority of Lumpkin County. The authority's budget shall be on a calendar year basis, and the budget shall be submitted in accordance with the annual budget calendar adopted by the governing authority of Lumpkin County. The authority shall submit all receipts from all sources to the governing authority of Lumpkin County. All expenditures shall be submitted to the governing authority of Lumpkin County for payment.
GEORGIA LAWS 2018 SESSION
3511
SECTION 22. Maintenance of roads, taxiways, and runways.
Lumpkin County shall maintain the roads, taxiways, and runways of the authority to meet minimum standards as set forth by the Federal Aviation Administration, this state, and Lumpkin County. The authority shall compensate Lumpkin County for such maintenance.
SECTION 23. Revenues.
All fees, charges, tolls, rentals, or other revenues derived from the operation or lease of such airports or landing fields shall be used by the authority to meet in whole or in part the expenses of operation and maintenance of its airports or landing fields. In the event the revenue from the operation or lease of such airports or landing fields exceeds the expenses of operation and maintenance, such excess shall be used for further developments or improvements on such airports or for the acquisition of equipment for such airports or landing fields and if not so used shall be paid to Lumpkin County.
SECTION 24. Appropriated funds.
The authority shall have the control and expenditure of any funds that may be appropriated to it by Lumpkin County for the construction, development, maintenance, improvement, and operation of airports or landing fields.
SECTION 25. Immunity from liability.
The authority shall have the same immunity and exemption from liability from torts and negligence as the state and the county, and members, officers, agents, and employees of the authority when in performance of the work of the authority shall have the same immunity and exemption from liability from torts and negligence as the officers, agents, and employees of the state and the county when in performance of their public duties or work of the state or the county.
SECTION 26. Tax exemption of the authority.
It is found, determined, and declared that the creation of the authority and the carrying out of its authorized purposes are in all respects for the benefit of the people of this state and county and constitute a public purpose and that the authority will be performing an essential
3512
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
governmental function in the exercise of the powers conferred upon it by this Act. The authority shall enjoy such tax exemptions as may be provided by general law.
SECTION 27. Dissolution of authority.
In the event of dissolution of the authority, all property, real and personal, tangible and intangible, shall revert to and be the property of the county, subject to all rights and encumbrances thereon; provided that the county, by acceptance thereof, shall fulfill all obligations of the authority.
SECTION 28. Principal office of authority; service of process.
The principal office of the authority shall be located at 1682 Camp Wahsega Road, Dahlonega, Georgia, 30533. Service of process on the authority may be effectuated upon the chairperson or other officers of the authority as in the case of private corporations incorporated or domesticated under the laws of this state.
SECTION 29. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to create the Lumpkin County Airport Authority; to provide for its membership, powers, duties, and authority; to provide for all matters relative to the foregoing; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Steve Gooch, Senator from District 51, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
GEORGIA LAWS 2018 SESSION
3513
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Dahlonega Nugget, which is the official organ of Lumpkin County, on the 1st of March in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ STEVE GOOCH Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 10th of March, 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved January 29, 2018.
__________
BARTOW COUNTY REDEVELOPMENT POWERS; REFERENDUM.
No. 282 (House Bill No. 727).
AN ACT
To authorize Bartow County, Georgia to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Georgia Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
3514
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Bartow County, Georgia shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize Bartow County, Georgia to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize Bartow County, Georgia to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION 2. The election superintendent of Bartow County, Georgia shall call and conduct an election, as provided in this section, for the purpose of submitting this Act to the electors of Bartow County, Georgia for approval or rejection. The election superintendent shall conduct that election on May 22, 2018, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published (1) once at least 90 days immediately preceding the date thereof and (2) once a week for two weeks immediately preceding the date thereof in the official organ of Bartow County, Georgia. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Bartow County, Georgia to exercise all redevelopment powers allowed under the 'Redevelopment
( ) NO Powers Law,' as it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Bartow County, Georgia. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
GEORGIA LAWS 2018 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
3515
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize Bartow County, Georgia to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., known as the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under circumstances; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Christian Coomer, Representative from District 14, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Tribune News, which is the official organ of Bartow County, on the 7th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ CHRISTIAN A COOMER Affiant
3516
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of January, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved February 12, 2018.
__________
CITY OF SHARON SPRINGS INCORPORATION; REFERENDUM.
No. 287 (House Bill No. 626).
AN ACT
To incorporate the City of Sharon Springs; to provide a charter; to provide for boundaries and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for rules and regulations; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for a city manager; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for a referendum; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 2018 SESSION
3517
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This Act shall constitute the charter of the City of Sharon Springs. The city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style "City of Sharon Springs, Georgia," and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Sharon Springs, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
In addition to all other powers of a municipality provided under the Constitution and laws of the State of Georgia, this city shall have the following powers:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;
3518
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (4) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (5) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (6) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (7) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (8) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (9) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (10) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (11) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (12) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (13) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
GEORGIA LAWS 2018 SESSION
3519
(14) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (15) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (16) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (17) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (18) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (19) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (20) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of parks and playgrounds, public grounds, recreational facilities, public buildings, and charitable, cultural, educational, recreational, conservation, and sport institutions, agencies, and facilities; and to regulate the use of public improvements; (21) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (22) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (23) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (24) Roadways. To grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (25) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, and the manufacture, sale, or transportation of any intoxicating liquors or alcoholic beverages; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the
3520
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (26) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (27) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation subject to a maximum of 0.5 mill; provided, however, that for the purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of complying with the millage rate rollback provisions set forth therein. For the purposes of this paragraph, the term "qualified voters" means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. The question to be presented to the voters in the referendum on increasing the millage rate shall be "Do you approve increasing taxes on residential and nonresidential property for City of Sharon Springs property owners by raising from [current millage rate] to [proposed millage rate] the operating budget millage rate, which was capped in the original charter for the city?" If such millage rate increase is approved by the qualified voters of the City of Sharon Springs voting in the referendum, the new rate shall become the maximum limit until changed again by resolution of the city council and approval by a majority of the qualified voters of the City of Sharon Springs voting in a referendum; (28) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; and (29) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles.
SECTION 1.13. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
GEORGIA LAWS 2018 SESSION
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
3521
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
SECTION 2.11. City councilmembers; terms and qualifications for office.
(a) Except as otherwise provided in Article VIII of this charter for the initial terms of office, the members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. The term of office of each member of the city council shall begin on the first day of January immediately following the election of such member unless general law authorizes or requires the term to begin at the first organizational meeting in January or upon some other date. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city. (b) The city council seats shall be designated District 1, Post 1; District 1, Post 2; District 2, Post 1; District 2, Post 2; District 3, Post 1; and District 3, Post 2. Candidates shall designate the post for which they are offering for election when qualifying for election. (c) For the purposes of electing members of the city council, the city is divided into three districts. One member of the city council shall be elected from Post 1 of each such district by the electors of such district by majority vote of the electors of such district voting in such election and one member of the city council shall be elected from Post 2 of each such district by majority vote of the electors of the city at large voting in such election. District 1, District 2, and District 3 shall be and correspond to those three numbered districts as described in the plan attached to and made a part of this charter as Appendix B.
(d)(1) The mayor shall be limited to serving two full, consecutive four-year terms of office as mayor. (2) Councilmembers shall be limited to serving two full, consecutive four-year terms of office as a councilmember. (3) Persons who serve terms of less than four years as a result of being elected to an initial term of office under the provisions of this charter or who fill an unexpired term shall not be considered to have served a full term of office for the purposes of this subsection.
3522
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.12. Vacancy; filling of vacancies; suspensions.
(a) The office of mayor or councilmember shall become vacant upon such person's failing or ceasing to reside in the city or upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. (c) Upon the suspension from office of the mayor or a councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those members remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
SECTION 2.13. Compensation and expenses.
(a) The mayor shall receive an initial salary of $15,000.00 per year, paid in equal monthly installments from the funds of the municipality. Each councilmember shall receive an initial salary of $10,000.00 per year, paid in equal monthly installments from the funds of the municipality. In addition, the mayor and councilmembers shall be reimbursed for actual expenses directly incurred in connection with the fulfillment of their official duties. The mayor and council shall develop guidelines for the reimbursement of such expenses. (b) The mayor and councilmembers may alter such compensation for their services as provided by law. (c) The mayor and city council shall provide for a review of their compensation every five years.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, directly or indirectly, which is incompatible with the proper discharge of that person's
GEORGIA LAWS 2018 SESSION
3523
official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Any elected official, appointed officer, or employee of the city who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive city, county, or state office or otherwise be employed by the city or any agency thereof during the term for which that person was
3524
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected. (g) No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and councilmembers either immediately upon election or at any time such conflict may arise.
(h)(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Organizational meetings.
Unless otherwise provided by ordinance, the city council shall hold an organizational meeting on the first Tuesday in January of each even-numbered year. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
GEORGIA LAWS 2018 SESSION
3525
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."
SECTION 2.18. Meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (d) The city council shall cause all of its meetings to be streamed live on the Internet.
SECTION 2.19. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.20. Quorum; voting.
Four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by roll-call vote or show of hands vote and the vote of each member shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be
3526
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote.
SECTION 2.21. Ordinance form; procedures.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Sharon Springs..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.23 of this charter. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.
SECTION 2.22. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.23. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still
GEORGIA LAWS 2018 SESSION
3527
exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION 2.24. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.
SECTION 2.25. Signing; authenticating; recording; codification; printing.
(a) The city clerk shall authenticate by the city clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Sharon Springs, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the
3528
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.26. Election of mayor; forfeiture; compensation.
Except as provided in Article VIII of this charter, the mayor shall be elected and shall serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be elected at large by majority vote. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.27. Mayor pro tempore.
By a majority vote, the councilmembers shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the councilmembers. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter.
SECTION 2.28. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember;
GEORGIA LAWS 2018 SESSION
3529
(6) Require the city manager to meet with him or her at such times and places designated by the mayor for consultation and advice upon the affairs of the city; (7) Prepare or cause to be prepared an agenda for each meeting of the city council which shall include all business items submitted by any councilmember, the city manager, or the city attorney and all business items of the mayor; and (8) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. City manager; appointment, qualification, and compensation.
The mayor shall appoint for an indefinite term, subject to confirmation by the city council, an officer whose title shall be the city manager. The city manager shall serve at the pleasure of the city council. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in and knowledge of the duties of office as hereinafter prescribed.
SECTION 3.11. City manager; chief administrative officer.
The city manager shall be the chief administrative officer of the government of the City of Sharon Springs. The city manager shall devote substantially all of his or her working time and attention to the affairs of the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which the city manager has jurisdiction.
SECTION 3.12. City manager; powers and duties enumerated.
The city manager shall have the power and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that excepted from the power of this appointment are those officers and employees who by this charter are appointed or elected by the city council or are for departments not under the jurisdiction of the city manager; (3) Remove employees employed by the city manager without the consent of the city council and without assigning any reason therefor;
3530
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the council except as otherwise provided in this charter; (5) Attend all meetings of the city council with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all special meetings of the city council; (6) Recommend to the city council for adoption, after prior review and comment by the mayor, such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's jurisdiction to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (9) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (10) Keep the city council at all times fully advised as to the financial condition and needs of the city; (11) Make a full written report to the city council on the first of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the clerk of the city; (12) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (13) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council.
SECTION 3.13. Council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such city officer or employee, either publicly or privately.
GEORGIA LAWS 2018 SESSION
SECTION 3.14. City manager; removal.
3531
(a) The mayor and city council may remove the manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of four of its members a preliminary resolution removing the city manager and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, he or she may file with the city council a written request for a public hearing. This hearing shall be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing; and (3) The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of four of its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the city manager, if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested one. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of removal and, unless he or she has been convicted of a felony at that time, he or she shall be given not less than 60 days' severance pay. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section.
SECTION 3.15. Acting city manager.
(a) The city manager may designate in writing any administrative employee of the city who shall exercise all powers, duties, and functions of the city manager during the city manager's temporary absence from the city or during the city manager's disability. If such designation has not been made and the city manager is absent from the city or unable to perform the duties of the office or to make such designation, the city council may, by resolution, appoint any qualified administrative employee of the city to perform the powers, duties, and functions of the city manager until the city manager shall return to the city, the disability ceases, or the city council appoints a new city manager.
3532
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) In the event of a vacancy in the office of city manager, the city council may designate a person as acting city manager who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed.
SECTION 3.16. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties of and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance. Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall be responsible for the administration and direction of the affairs and operations of that director's department or agency.
SECTION 3.17. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and councilmembers for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
GEORGIA LAWS 2018 SESSION
3533
(c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating that person to perform faithfully and impartially the duties of that person's office; such oath shall be prescribed by ordinance and administered by the mayor. (g) All members of boards, commissions, or authorities of the city serve at will and may be removed at any time by the mayor and councilmembers unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 3.18. City attorney.
The mayor and councilmembers shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the mayor and councilmembers and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney.
SECTION 3.19. City clerk.
The mayor and councilmembers shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.
3534
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.20. Position classification and pay plans.
The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, neither the city manager nor the city council shall increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
SECTION 3.21. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Sharon Springs.
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 25 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this charter.
GEORGIA LAWS 2018 SESSION
SECTION 4.12. Convening.
3535
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
3536
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Forsyth County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11. Regular elections; time for holding.
Except as otherwise provided in Article VIII of this charter for the initial elections, there shall be a municipal general election biennially in odd-numbered years on the Tuesday next following the first Monday in November. There shall be elected the mayor and three councilmembers at one election and at every other election thereafter. The remaining councilmember seats shall be filled at the election alternating with the first election so that a continuing body is created.
GEORGIA LAWS 2018 SESSION
3537
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by majority vote.
The councilmembers from District 1, Post 1; District 2, Post 1; and District 3, Post 1 shall be elected by a majority vote of the electors of their respective districts voting in such election. The mayor and the councilmembers from District 1, Post 2; District 2, Post 2; and District 3, Post 2 shall be elected by a majority vote of the electors of the city at large voting in such election.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those members remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) A councilmember, the mayor, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
3538
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Forsyth County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Forsyth County following a hearing on a complaint seeking such removal brought by any resident of the City of Sharon Springs.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government and of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
Except as otherwise provided in paragraph (27) of Section 1.12 of this charter, the city council by ordinance shall establish a millage rate for the city property tax which shall not exceed 0.5 mill, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or
GEORGIA LAWS 2018 SESSION
3539
professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Licenses; permits; fees.
The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council shall have the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for services provided or made available within and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
3540
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.16. RESERVED.
SECTION 6.17. Construction; other taxes.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. RESERVED.
SECTION 6.20. RESERVED.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the
GEORGIA LAWS 2018 SESSION
3541
requirements of Code Section 36-60-13 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. Budget ordinance.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. The city council shall also comply with the budgeting and auditing provisions of Chapter 81 of Title 36 of the O.C.G.A.
SECTION 6.25. Operating budget.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the city manager, after review and comment by the mayor, shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The councilmembers may amend the proposed operating budget, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.
3542
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than 15 days prior to the start of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Levy of taxes.
The city council by ordinance shall levy such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital improvements.
(a) On or before the date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed plan and budget. The city council shall not authorize an expenditure for the construction of any building, structure,
GEORGIA LAWS 2018 SESSION
3543
work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than 15 days prior to the start of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.31. Procurement and property management.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.19 of this charter.
SECTION 6.32. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
3544
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
SECTION 6.34. Apportionment of revenue.
Except as otherwise agreed pursuant to Chapter 70 of Title 36 of the O.C.G.A., the city is authorized to pay all revenues collected by Forsyth County on behalf of the city to the county in exchange for continuation of services during the transition period provided for in Section 8.11 of this charter and beyond, with the exception of the following revenues, which shall stay with the city:
(1) New revenues from utility franchise fees; (2) Fines collected in municipal court; and (3) Revenues generated from any additional millage of up to 1 mill above the millage rate imposed in the county special service district.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
GEORGIA LAWS 2018 SESSION
SECTION 7.11. Construction and definitions.
3545
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
ARTICLE VIII REFERENDUM AND INITIAL ELECTIONS
SECTION 8.10. Referendum and initial election.
(a) The election superintendent of Forsyth County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Sharon Springs for approval or rejection. The superintendent shall set the date of such election for the date of the 2018 general primary. The superintendent shall issue the call for such election at least 60 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Forsyth County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of Sharon Springs in Forsyth County ( ) NO according to the charter contained in the Act be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than 57.5 percent of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 8.11 of this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by Forsyth County. Within two years after the elections if the incorporation is approved, the City of Sharon Springs shall reimburse Forsyth County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Sharon Springs to be held on the date of the November 2018 general election, the qualified electors of the City of Sharon Springs shall be those qualified electors of Forsyth County residing within the corporate limits of the City of Sharon Springs as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Sharon Springs shall be
3546
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for in subsection (a) of this section and holding and conducting the special election of the City of Sharon Springs to be held on the date of the November 2018 general election, the election superintendent of Forsyth County is vested with the powers and duties of the election superintendent of the City of Sharon Springs and the powers and duties of the governing authority of the City of Sharon Springs.
SECTION 8.11. Effective dates and transition.
(a) The provisions of this Act necessary for the referendum election provided for in Section 8.10 of this charter shall become effective immediately upon this Act's approval by the Governor or upon its becoming law without such approval. (b) The provisions of this Act necessary for the special election provided for in Section 8.13 of this charter shall be effective upon the certification of the results of the referendum election provided for by Section 8.10 of this charter if this Act is approved at such referendum election. (c) Except as provided in Section 8.10 of this charter, the remaining provisions of this Act shall become of full force and effect for all purposes at 12:00 Midnight on December 31, 2018, except that the initial mayor and councilmembers shall take office immediately following their election and by action of a quorum may prior to 12:00 Midnight on December 31, 2018, meet and take actions binding on the city. (d) A period of time will be needed for an orderly transition of various government functions from Forsyth County to the City of Sharon Springs. Accordingly, there shall be a transition period beginning on the date the initial mayor and councilmembers take office under this charter and ending at 12:00 Midnight on December 31, 2021. During such transition period, all provisions of this charter shall be effective as law, but not all provisions of this charter shall be implemented. (e) During such transition period, Forsyth County shall continue to provide within the territorial limits of the city all government services and functions which Forsyth County provided in that area during the years 2017 and 2018 and at the same actual cost, except to the extent otherwise provided in this section; provided, however, that upon at least 60 days' prior written notice to Forsyth County by the City of Sharon Springs, responsibility for any such service or function shall be transferred to the City of Sharon Springs. During the transition period, the city shall remain within the Forsyth County special services district but shall be removed from such district at the conclusion of such period. Beginning January 1, 2019, the City of Sharon Springs shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the city in the same manner as authorized immediately prior to the effective date of this section; provided, however, that
GEORGIA LAWS 2018 SESSION
3547
upon at least 60 days' prior written notice to Forsyth County by the City of Sharon Springs, the authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain with Forsyth County after January 1, 2019, until such time as Forsyth County receives subsequent notice from the City of Sharon Springs that such authority shall be transferred to the City of Sharon Springs. (f) During the transition period, the governing authority of the City of Sharon Springs:
(1) Shall hold regular meetings and may hold special meetings as provided in this charter; (2) May enact ordinances and resolutions as provided in this charter; (3) May amend this charter by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this charter and general law; (6) May levy and collect an ad valorem tax for calendar years 2019 and 2020; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (g) Except as otherwise provided in this section, during the transition period, the Municipal Court of the City of Sharon Springs shall not exercise its jurisdiction. During the transition period, all ordinances of Forsyth County shall remain applicable within the territorial limits of the city, and the appropriate court or courts of Forsyth County shall retain jurisdiction to enforce such ordinances. However, by mutual agreement and concurrent resolutions and ordinances if needed, Forsyth County and the City of Sharon Springs may during the transition period transfer all or part of such regulatory authority and the appropriate court jurisdiction to the City of Sharon Springs. Any transfer of jurisdiction to the City of Sharon Springs during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in Forsyth County or the pending prosecution of any violation of any ordinance of Forsyth County. (h) During the transition period, the governing authority of the City of Sharon Springs may at any time, without the necessity of any agreement by Forsyth County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of Sharon Springs commencing to exercise its planning and zoning powers, the Municipal Court of the City of Sharon Springs shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section.
3548
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(i) Effective upon the termination of the transition period, subsections (b) through (h) of this section shall cease to apply except for the last sentence of subsection (g) which shall remain effective. Effective upon the termination of the transition period, the City of Sharon Springs shall be a full functioning municipal corporation and subject to all general laws of this state.
SECTION 8.12. Directory nature of dates.
It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that:
(1) If it is not possible to hold the referendum election provided for in Section 8.10 of this charter on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If it is not possible to hold the first election provided for in Section 8.13 of this charter on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly.
SECTION 8.13. Special election.
(a) The first election for mayor and councilmembers shall be a special election held on the date of the November 2018 general election. At such election, the first mayor and councilmembers shall be elected to serve for the initial terms of office specified in subsections (b) and (c) of this section. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2019. The successors to the first mayor and initial councilmembers and future successors shall take office at the first organizational meeting in January immediately following their election and shall serve for terms of four years and until their respective successors are elected and qualified. (b) The members of the city council from District 1, Post 1; District 2, Post 1; and District 3, Post 1 shall be elected by majority vote of the electors of their respective districts voting in such election. The members of the city council from District 1, Post 2; District 2, Post 2; and District 3, Post 2 shall be elected by majority vote of the electors of the city at large voting in such election. The initial members elected from District 1, Post 1; District 2, Post 1; and
GEORGIA LAWS 2018 SESSION
3549
District 3, Post 1 shall serve until January 1, 2020, and until their respective successors are elected and qualified. The initial members elected from District 1, Post 2; District 2, Post 2; and District 3, Post 2 shall serve until January 1, 2022, and until their respective successors are elected and qualified. Thereafter, successors to such initial members shall serve four-year terms of office and until their respective successors are elected and qualified. (c) The mayor of the City of Sharon Springs shall be elected by a majority vote of the qualified electors of the city at large. The initial mayor shall serve until January 1, 2022, and until his or her successor is elected and qualified and successors to the mayor shall serve four-year terms of office and until their successors are elected and qualified.
ARTICLE IX GENERAL REPEALER
SECTION 9.10. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A CORPORATE LIMITS
The corporate limits of the City of Sharon Springs, Georgia, shall be as follows:
Plan: SharonSprings-city-p2-2018 Plan Type: Local Administrator: H025 User: Gina
District SHSPRINGS Forsyth County VTD: 11701 - 01 Big Creek VTD: 11702 - 02 Brandywine 130603: 1016 1017 1018 1019 1020 1021 VTD: 11714 - 14 LAKELAND 130510: 3005 3007 3008 3009 3014 3016 3018 3021 3022 3023 3027 3028 VTD: 11717 - 17 JOHNS CREEK VTD: 11718 - 18 DAVES CREEK VTD: 11719 - 19 OLD ATLANTA VTD: 11721 - 21 SOUTH FORSYTH VTD: 11724 - 24 SHARON FORKS
3550
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
VTD: 11725 - 25 WINDERMERE VTD: 11731 - 31 SAINT MARLO
APPENDIX B LEGAL DESCRIPTION COUNCIL DISTRICTS CITY OF SHARON SPRINGS
Plan: SharonSprings-dist-p2-2018 Plan Type: Local Administrator: H025 User: Gina
District 001 Forsyth County VTD: 11701 - 01 Big Creek 130603: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1022 1023 3000 3001 3002 3003 3004 130605: 1001 1002 1003 1004 1005 1006 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 130612: 2000 130613: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 11702 - 02 Brandywine 130603: 1016 1017 1018 1019 1020 1021 VTD: 11714 - 14 LAKELAND 130510: 3005 3007 3008 3009 3014 3016 3018 3021 3022 3023 3027 3028 VTD: 11718 - 18 DAVES CREEK VTD: 11725 - 25 WINDERMERE 130510: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 3012 3013 3015 3024 3025 3029
GEORGIA LAWS 2018 SESSION
130607: 1000 1006 1008 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
District 002 Forsyth County VTD: 11717 - 17 JOHNS CREEK 130604: 2000 2001 VTD: 11719 - 19 OLD ATLANTA 130611: 1005 VTD: 11721 - 21 SOUTH FORSYTH 130612: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 2001 2002 2003 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 VTD: 11724 - 24 SHARON FORKS VTD: 11725 - 25 WINDERMERE 130510: 2000 2001 2002 2003 2004 2005 2006 2007 130609: 3000 3005
District 003 Forsyth County VTD: 11701 - 01 Big Creek 130604: 3000 3001 3002 3003 3004 VTD: 11717 - 17 JOHNS CREEK 130604: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 130606: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 130608: 1003 1011 1013 1016 1017 2008 2009 2010 2011 2012 3004 3007 3010 3013 3014 3015
3551
3552
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
VTD: 11719 - 19 OLD ATLANTA 130608: 1004 1005 1006 1007 1008 1009 1010 1018 1019 130610: 1000 1001 1004 3000 3001 3002 3003 130611: 1004 VTD: 11721 - 21 SOUTH FORSYTH 130608: 2000 2002 2003 2006 130610: 2000 2001 2002 2006 VTD: 11731 - 31 SAINT MARLO
For the purposes of this plan, the term "VTD" (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Districts 1, 2, and 3 in such plan shall correspond with Districts 1, 2, and 3, respectively, of the city council. Any part of the city which is not included in District 1, 2, or 3 as described in this appendix shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of the city which is described in that attachment describing Districts 1, 2, and 3 as being in District 1, 2, or 3 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within the post that is contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. If any area included within the descriptions of District 1, 2, or 3 is on the effective date of this Act within the municipal boundaries of another municipality or within a county other than Forsyth County, such area shall not be included within the district descriptions of such posts.
GEORGIA LAWS 2018 SESSION
3553
APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
I, Todd Jones, Representative from the 25th District, and the author of this bill introduced at the 2017 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Sharon Springs, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.
So certified this ___________ day of ________________, 2017.
_____________________________________ Honorable Todd Jones Representative, District 25 Georgia House of Representatives
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to incorporate the City of Sharon Springs; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Todd Jones, Representative from District 25, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Forsyth County News, which is the official organ of Forsyth County, on the 22nd of March in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or
3554
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ TODD JONES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 28th of March, 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved March 12, 2018.
__________
CITY OF GRIFFIN MAYOR AND MAYOR PRO TEM; POWERS AND DUTIES; MANNER OF ELECTIONS AND FILLING OF VACANCIES;
QUORUMS; PROCEDURES; REFERENDUM.
No. 288 (House Bill No. 911).
AN ACT
To amend an Act to provide a new charter for the City of Griffin, approved May 17, 2004 (Ga. L. 2004, p. 4232), as amended, so as to provide for a mayor and a mayor pro tem; to provide for the duties and powers of the mayor and mayor pro tem; to provide for the election and qualifications of the mayor and how to fill vacancies in the office of mayor; to provide for quorums; to provide for procedures; to provide for related matters; to provide for a referendum and contingent effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2018 SESSION
3555
SECTION 1. An Act to provide a new charter for the City of Griffin, approved May 17, 2004 (Ga. L. 2004, p. 4232), as amended, is amended by revising Article II as follows:
"ARTICLE II MAYOR AND COMMISSION
SECTION 2.1. Corporate and governing authority.
The municipal government of the city shall consist of a commission of seven citizens, who shall be known as the 'Mayor and Commissioners of the City of Griffin, Georgia,' hereafter referred to collectively as the 'commission.' The commission shall be the legislative and governing authority of the city. Except as otherwise provided by law or this charter, the commission shall be vested with all the powers of government of this city, but no individual member, including the person holding the office of mayor, shall have or exercise any power under this charter, except as provided herein. Members of the commission shall possess the qualifications and be elected in the manner provided by general law and this charter; provided, however, that members of the commission in office on the effective date of this charter shall in all respects be successors to and a continuation of the governing authority elected under the prior charter and shall serve the terms for which elected. The members of the commission shall devote as much of their time to the office as may be necessary.
SECTION 2.2. Qualification and election of mayor and commissioners.
(a) Any person who is a citizen of this state, has attained the age of 18 years, and has at least 12 months' residency within the city shall be eligible to be elected to the office of mayor or commissioner; provided, however, that no person who is not a qualified elector of the city, who has been convicted of a felony or misdemeanor involving moral turpitude unless that person's civil rights have been restored, who holds an office of trust under the government of the United States, this state, or any foreign state which by the laws of the State of Georgia he or she is prohibited from holding, or who is the holder or receiver of public money of this state or any county, school district, or municipality thereof who has refused or failed when called upon after reasonable opportunity to account for and pay over the same to the proper officer, shall be eligible to hold the office of mayor or commissioner. (b) Candidates for Districts 1, 2, 3, 4, 5, and 6 shall have resided within their respective election district for at least six months on the date of qualifying. Commissioners shall remain residents of their respective election districts throughout their terms of office.
3556
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Candidates for mayor shall possess all of the qualifications for the office of commissioner but may reside in any election district of the city. (d) Only those qualified electors residing within a city election district may vote for candidates for commissioner from their corresponding district. All qualified electors of the city may vote for candidates for mayor. (e) Elections for the offices of mayor and commissioners shall be held and conducted by the Griffin-Spalding Board of Elections and Registration in accordance with Chapter 2 of Title 21 of the O.C.G.A. or other such laws as are or may hereafter be enacted. (f) The mayor and commissioners shall serve a term of four years and until their successors are duly elected and qualified. Before assuming the duties of the office or exercising the powers thereof, a newly elected mayor or commissioner shall be sworn before any federal or state judicial officer, or any officer of this state duly authorized to administer oaths, at any time following certification of his or her election. Except for a mayor or commissioner elected to fill an unexpired term, a newly elected mayor or commissioner shall take office on January 1 following his or her election. (g) The mayor and commissioners shall receive compensation and expenses for their services as provided by an ordinance enacted in accordance with Code Section 36-35-4 of the O.C.G.A. (h) Those members of the city council in office on the effective date of this section shall serve out the terms of office to which they were elected. In the November, 2019, municipal election, no election shall be held for the at-large commissioner from District 7 and, on and after January 1, 2020, such position shall be abolished. An election for the position of mayor shall be held at the November, 2019, municipal election and the person elected mayor at such election shall take office on January 1, 2020.
SECTION 2.3. Districts established; apportionment of election
districts based upon population.
(a) The original apportionment of the city into six single-member election districts was in accordance with the consent decree in REID, et al. v. MARTIN, et al., Civil Action File No. C-84-60N, U.S. District Court for the Northern District of Georgia. Thereafter, the commission, following publication of each United States decennial census, has reapportioned election districts in accordance with Code Section 36-35-4.1 of the O.C.G.A. The current reapportionment plan is set forth at Ga. L. 2012, p. 5743. (b) Future reapportionment of election districts shall be adopted by a home rule ordinance enacted in accordance with paragraph (1) of subsection (b) of Code Section 36-35-3. Such ordinance shall incorporate by reference a reapportionment plan based upon official census tract and block references to the areas included within each district, using the criteria set forth in Code Section 36-35-4.1 of the O.C.G.A. For future reference, a map illustrating election districts may be published as an appendix to the Code of Griffin, Georgia.
GEORGIA LAWS 2018 SESSION
3557
SECTION 2.4. Majority vote required.
No candidate for the commission shall be declared elected until he or she shall have received a majority of the votes of all qualified electors voting in the election.
SECTION 2.5. Oath of office.
Upon entering each term of office, the mayor and commissioners shall take and subscribe to the following oath:
'I do solemnly swear and affirm that I will faithfully and honestly discharge the duties of the office of (mayor/commissioner) of the City of Griffin, Georgia, to the best of my skill and knowledge, in accordance with its charter and all applicable laws. I do further swear that I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof, and I will well and truly account for and pay over all public moneys and property that may come into my hands during my term of office. I do further swear that I am not the holder of any office of trust under the government of the United States, this state, or any foreign state which by the laws of the State of Georgia I am prohibited from holding. I do further swear that I am qualified to hold the office of (mayor/commissioner) of the City of Griffin according to the Constitution and laws of Georgia. I do further swear that I will support the Constitution of the United States and the Constitution of the State of Georgia. I do further swear that I am a resident of the district from which I have been elected and have been a resident of the district for the time required by the Constitution and laws of this state. So help me God.'
SECTION 2.6. Vacancy; filling of vacancies in office.
(a) The office of mayor or commissioner shall become vacant upon the occurrence of any event specified by the Constitution or general laws of this state or upon the incumbent losing the qualifications required for holding the office. (b) A vacancy in the office of mayor or commissioner shall be filled for the remainder of the unexpired term, if any, by appointment of the mayor and commissioners, if less than 12 months remains in the unexpired term; otherwise, by a special election, as provided in Title 21 of the O.C.G.A., or other such laws as are or may hereafter be enacted.
3558
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.7. Quorum for commission meeting; voting; conflicts of interest.
(a) Four commissioners, or three commissioners and the mayor, shall constitute a quorum. In order to enact ordinances or take action, the vote of a majority of those present shall control. An abstention, except when based upon the member's disqualification for announced conflict of interest or other legal grounds, shall be counted as an affirmative vote. Except when a roll call vote is requested by any member, votes may be cast by voice ('aye' or 'nay') or by show of hands. The mayor shall announce all votes and declare each matter approved or rejected. (b) No member of the mayor and commissioners shall vote or act upon, or seek to influence the approval or rejection of, any ordinance, resolution, contract, or other matter within the official jurisdiction of the city in which that person is financially interested. Any member having a financial interest, directly or indirectly, in any ordinance, resolution, contract, or matter pending before or within a department of the city shall disclose such interest, in writing, to the mayor and commission at the earliest opportunity and disqualify himself or herself from participating in any decision or vote relating thereto.
SECTION 2.8. Meetings of the commission.
(a) The commission shall hold regular meetings on the second and fourth Tuesday of each month at such times as set by ordinance, which meetings shall be open to the public, except as allowed by law; shall keep minutes of their proceedings; and shall record all their actions therein. They may meet at such times and as often in extra called meetings as any three of them or the mayor may designate or call. (b) To meet a public emergency affecting life, health, property, or public peace, the mayor and commission may convene on call of the mayor or any two commissioners, provided that such emergency meeting is called in accordance with the Georgia open meetings law, Code Section 50-14-1, et seq., of the O.C.G.A. At such emergency meeting, as the only order of business, the mayor and commission may consider and adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rates charged by the city for any utility services provided; or authorize the borrowing of money, except temporary borrowings made in anticipation of taxes. An emergency ordinance shall be proposed in the form required for ordinances generally and shall contain a declaration stating in clear and precise terms the conditions that constitute the emergency warranting the meeting and action taken therein. An emergency ordinance shall require the affirmative vote of at least two-thirds of those members eligible to vote at the meeting. It shall become effective immediately or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following its enactment unless affirmatively ratified at the next regular meeting of the commission.
GEORGIA LAWS 2018 SESSION
3559
An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 2.9. Rules of procedure.
The mayor and commissioners may adopt rules of procedure and orders of business consistent with the provisions of this charter and general law. Procedural rules and similar administrative matters affecting governance of the city may be adopted by resolution instead of ordinance.
SECTION 2.10. Inquiries and investigative powers.
(a) The mayor and commissioners shall exercise general legislative oversight over all appointed officers, departments, agencies, and employees of the city and shall have the right, from time to time as a majority of such commission deems necessary, to call upon such officers and employees for an accounting of their actions in the performance of their official duties. (b) Following the adoption of an authorizing resolution defining the scope thereof, the mayor and commissioners may conduct inquiries and make investigations into the affairs of the city, its elected and appointed officers, and the conduct of any department, agency, or employee thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony under oath or affirmation, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers shall be punished as provided by ordinance.
SECTION 2.11. Mayor pro tem.
The mayor shall annually appoint a member of the commission to serve as mayor pro tem and to act in the mayor's absence, disability, or disqualification. The commissioner so appointed shall have no additional powers or duties, except those of mayor when acting as mayor pro tem.
SECTION 2.12. Duties of the mayor.
The mayor shall preside at all meetings of the commission. The mayor shall be entitled to vote on all questions, motions, or matters brought before the mayor and commissioners for action. The mayor or, in his or her absence, the mayor pro tem and the city manager shall
3560
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
sign all orders, checks, and warrants for the payment of any moneys out of the treasury of the city and shall execute on behalf of the city all contracts, deeds, and other obligations. The mayor may also perform those perfunctory duties of the office, but shall not act on behalf of or bind the city without express authority or approval of the commission as directed by ordinance or resolution. Except for the power to fill appointments as authorized by this charter, general or local laws, or intergovernmental agreements, the mayor shall exercise no powers or authority beyond those granted under this charter. When this charter, a general law or local act, ordinance, resolution, or contract makes reference to the chairperson, it shall hereafter be deemed a reference to the mayor. The commission, by the vote of at least four commissioners, may direct the mayor to sign any order, check, warrant, contract, deed, or other obligation and, upon such vote taken for that purpose, it shall be the duty of the mayor to execute the same. The mayor shall also accept personal service of process on behalf of the city and its governing body, but not on behalf of any commissioner when sued in a personal capacity.
SECTION 2.13. Secretary to the commission; other officers.
The city manager shall serve as secretary to the commission, whose duties shall require his or her attendance at all meetings, the recording of minutes of proceedings, serving as custodian of all public records and the seal of the city, and such other duties as assigned by the commission by ordinance or resolution. The secretary shall perform all duties and responsibilities imposed by general law on the clerk of a municipal corporation. The commission may appoint such subordinate officers, as needed, and define the duties and compensation thereof by ordinance or resolution."
SECTION 2. The election superintendent of the City of Griffin shall call a special election for the purpose of submitting this Act to the qualified voters of the City of Griffin for approval or rejection. The superintendent shall set the date of such election for the date of the 2018 general primary. The superintendent shall issue the call for such election at least 60 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Griffin. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act providing for a mayor and mayor pro tem for the City of ( ) NO Griffin be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect immediately for the purposes of conducting elections for municipal offices
GEORGIA LAWS 2018 SESSION
3561
in 2019 and for all purposes on January 1, 2020; otherwise, it shall be void and of no force and effect. The expense of such special election shall be borne by the City of Griffin. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Griffm, approved May 17, 2004 (Ga. L. 2004, p. 4232), as amended, and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, David Knight, Representative from District 130, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Griffin Daily News, which is the official organ of Spalding County, on the 19th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
3562
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ DAVID KNIGHT Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved March 20, 2018.
__________
BARROW COUNTY NONBINDING ADVISORY REFERENDUM ON CREATION OF CONSOLIDATION COMMISSION.
No. 290 (House Bill No. 1033).
AN ACT
To provide for a nonbinding, advisory referendum for the purpose of ascertaining whether an independent commission, consisting of representatives of the county and all municipal corporations located wholly or partially within such county, should be created to study whether Barrow County and the municipal corporations located wholly within Barrow County should be reconstituted as a single consolidated government; to provide for the configuration of such independent commission; to provide for an independent contractor to conduct a study; to limit the cost of such study; to provide for legislative purposes and findings; to provide for procedures and requirements relating thereto; to provide for a referendum; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a)(1) It is the purpose of this Act to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether an independent commission should be created to study whether Barrow County and the municipal corporations located wholly within Barrow County should be reconstituted as a single consolidated government. The independent
GEORGIA LAWS 2018 SESSION
3563
commission shall consist of: three representatives appointed by the governing authority of Barrow County; six representatives, one each appointed by the municipal corporations located wholly or partially within such county; one representative appointed by the Board of Education of Barrow County; and one representative appointed by the county's local delegation of members of the House of Representatives and Senate of the Georgia General Assembly. Such commission shall secure an independent contractor to conduct such study at a cost not to exceed $100,000.00. (b) It is found, determined, and declared that the holding of the nonbinding, advisory referendum provided for in this Act is: (1) In all respects for the benefit of the residents of Barrow County and all municipal corporations located within Barrow County; (2) A public purpose; and (3) An essential governmental function for which public funds may be expended.
SECTION 2. The election superintendent of Barrow County shall call and conduct a nonbinding, advisory referendum for the purpose of ascertaining whether an independent commission should be created to study whether Barrow County and the municipal corporations located wholly within Barrow County should be reconstituted as a single consolidated government. The independent commission shall consist of: three representatives appointed by the governing authority of Barrow County; six representatives, one each appointed by the municipal corporations located wholly or partially within such county; one representative appointed by the Board of Education of Barrow County; and one representative appointed by the county's local delegation of members of the House of Representatives and Senate of the Georgia General Assembly. Such commission shall secure an independent contractor to conduct such study at a cost not to exceed $100,000.00. The election superintendent shall conduct that election on May 22, 2018, the date of the state-wide primary election, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Barrow County. The ballot shall have written or printed thereon the words:
3564
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
( ) YES ( ) NO
"NONBINDING, ADVISORY REFERENDUM Should an independent commission, consisting of three representatives appointed by the governing authority of Barrow County, six representatives, one each appointed by the municipal corporations located wholly or partially within such county, one representative appointed by the board of education of Barrow County, and one representative appointed by the county's local delegation of members of the House of Representatives and Senate of the Georgia General Assembly, be created to study, at a cost not to exceed $100,000.00, whether Barrow County and the municipal corporations located wholly within Barrow County should be reconstituted as a single consolidated government?"
All persons desiring to vote for approval of the question shall vote "Yes," and all persons desiring to vote for rejection of the question shall vote "No." The expense of such election shall be borne by Barrow County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State and each member of the General Assembly whose senatorial or representative district lies wholly or partially in Barrow County.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide for a nonbinding, advisory referendum for the purpose of ascertaining whether an independent commission, consisting of representatives of the county and all municipal corporations located wholly or partially within such county, should be created to study whether Barrow County and the municipal corporations located wholly within Barrow County should be reconstituted as a single consolidated government; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Terry England, Representative from District 116, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
GEORGIA LAWS 2018 SESSION
3565
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Barrow News-Journal, which is the official organ of Barrow County, on the 28th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ TERRY ENGLAND Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 6th of March in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved March 22, 2018.
__________
CLAYTON COUNTY STATE COURT; JUDGES; COMPENSATION.
No. 315 (House Bill No. 442).
AN ACT
To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4654), so as to provide for the salaries of the judges of the state court; to provide for a county supplement; to provide for effective dates; to repeal conflicting laws; and for other purposes.
3566
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4654), is amended by revising Section 3 as follows:
"SECTION 3. Judges' salaries.
Each judge of the State Court of Clayton County shall receive a salary equal to 89 percent of the then-current total compensation, including the base salary and any supplements, of the judges of the Superior Court of the Clayton Judicial Circuit. For each full year served by a judge after July 1, 2006, such judge's salary shall increase by an additional 1 percent of said total compensation of the judges of the Superior Court of the Clayton Judicial Circuit, up to a maximum of 95 percent of said total compensation of the judges of the Superior Court of the Clayton Judicial Circuit. The salary as defined herein shall be paid by the governing authority of Clayton County in equal installments in the same manner as other Clayton County employees are paid. The governing authority of Clayton County shall be authorized to supplement such salary."
SECTION 2. This Act shall become effective on July 1, 2017, with respect to each judge of the State Court of Clayton County whose term of office begins or began on January 1, 2017, or thereafter. This Act shall become effective, with respect to each judge of the State Court of Clayton County whose current term of office began prior to January 1, 2017, upon the termination of the current respective term of each such judge and on the first day of the next succeeding term of office of each such judge. This Act shall become effective for all other purposes on July 1, 2017.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended; and for other purposes.
GEORGIA LAWS 2018 SESSION
3567
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mike Glanton, Representative from District 75, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Clayton News Daily, which is the official organ of Clayton County, on the 18th of February in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ MIKE GLANTON Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February in the year 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
3568
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FULTON COUNTY FULTON COUNTY BOARD OF EDUCATION; PENSION AND RETIREMENT PLAN.
No. 318 (House Bill No. 538).
AN ACT
To amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4004), an Act approved April 11, 2012 (Ga. L. 2012, p. 4982), an Act approved May 6, 2013 (Ga. L. 2013, p. 4026), and an Act approved April 21, 2014 (Ga. L. 2014, p. 4276) so as to authorize the Board of Education of Fulton County to create a system for pension and retirement pay to teachers and employees; to provide for conditions applicable to the creation and amendment of such system; to provide for automatic repeal of certain provisions upon the creation of such system; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, is amended by designating the existing provisions of such Act as Part 2 and by enacting a new Part 1 to read as follows:
"Part 1 Pursuant to the authority granted by Ga. Laws 1939, p. 39, as continued by Ga. Laws 1987, p. 3703, the Board of Education of Fulton County is authorized to create a system for pension and retirement pay to teachers and employees. All covered employees, beneficiaries, assets, liabilities, duties, responsibilities, and terms of the plan of retirement of the system provided for by Part 2 of this Act shall be transferred to the plan of retirement of the system provided for by this part as a continuation of the plan of retirement of the system provided for by Part 2 of this Act, and all assets, liabilities, and other duties, responsibilities, and other assets of the system provided for by Part 2 of this Act as it existed on the effective date of this Act shall be transferred to any system created under the authority of this part. The initial plan document of such system shall be adopted in the form provided for in Part 2 of this Act, and such plan document may thereafter be amended by said board from time to time. Notice of any amendment providing for a change in the accrued benefits of any participant shall be provided to the chairperson of the Fulton
GEORGIA LAWS 2018 SESSION
3569
County delegation of the General Assembly not later than January 10 of the year in which such amendment is intended to take effect, and no such amendment shall become effective absent such notice. The system of appointment of members of the governing body of said system as provided for in such plan document may only be amended by local Act of the General Assembly. The system provided for in such plan document must provide that the accrued benefits of any participant shall not be less than the accrued benefits provided for such participant by the system provided for by Part 2 of this Act, as such Part 2 existed on the effective date of this Act. Upon the creation of such system and the adoption of the plan document provided for herein, Part 2 of this Act shall stand repealed."
SECTION 2. This Act shall become effective on July 1, 2018, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2018, as required by subsection (a) of Code Section 47-20-50.
SECTION 3. All laws and parts of laws in conflict with this Act are hereby repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act providing in Fulton County a system for pension and retirement to pay teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Wendell Willard, Representative from District 51, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 31st of January in the year 2017; and
3570
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ WENDELL WILLARD Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of February, 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
CLAYTON COUNTY PROBATE COURT; JUDGE; COMPENSATION.
No. 319 (House Bill No. 557).
AN ACT
To amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4662), so as to change the compensation of the judge of the probate court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2018 SESSION
3571
SECTION 1. An Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4662), is amended by revising Section 1 as follows:
"SECTION 1. The salary provided in this section for the judge of the probate court shall be his or her full and complete compensation, and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, for which said judge is entitled heretofore and which he or she earns or receives by reason of being the probate court judge, whether under color of the office of probate judge or not, shall henceforth be county funds and accountable as such in the same manner as other county funds received by said judge of the probate court. The judge of the probate court shall receive an annual salary equal to 90 percent of the then-current total compensation, including the base salary and any supplements, of the judge of the superior court of the Clayton Judicial Circuit. This salary shall be deemed per annum and payable in equal monthly installments out of the general funds of the county. In the event that the base salary for the probate judge is established by general law, and such salary exceeds the total compensation for the probate judge provided herein, the general law shall control. Any supplemental compensation, as heretofore provided, shall thereafter be adjusted or eliminated, as the case may be, to meet the level of compensation as established herein or the base salary plus longevity increases as set out by the general or local Georgia law, whichever amount is greater."
SECTION 2. This Act shall become effective on July 1, 2017.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, and for other purposes.
3572
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Valencia Stovall, Representative from District 74, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Clayton News Daily, which is the official organ of Clayton County, on the 22nd of February in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ VALENCIA STOVALL Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 28th of February, 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
GEORGIA LAWS 2018 SESSION
3573
CLAYTON COUNTY SHERIFF; COMPENSATION.
No. 320 (House Bill No. 558).
AN ACT
To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4656), so as to change the provisions relating to the compensation of the sheriff; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4656), is amended by revising subsection (b) of Section 1 as follows:
"(b) The sheriff of Clayton County shall receive a total annual salary of $143,933.00. Such salary shall include any supplements and additional compensation for services which are paid pursuant to state law or county ordinance, which are being received on January 1, 2017, and which are paid from the funds of Clayton County. This subsection shall not prohibit the governing authority of Clayton County from increasing the amount of any supplement or compensation for additional duties which the governing authority may lawfully pay to the sheriff on or after July 1, 2017."
SECTION 2. This Act shall become effective on July 1, 2017.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, and for other purposes.
3574
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Valencia Stovall, Representative from District 74, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Clayton News Daily, which is the official organ of Clayton County, on the 22nd of February in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ VALENCIA STOVALL Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 28th of February, 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
GEORGIA LAWS 2018 SESSION
3575
CLAYTON JUDICIAL CIRCUIT JUDGES; COMPENSATION.
No. 322 (House Bill No. 610).
AN ACT
To amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4683), so as to increase the county supplement to the state salary of said judges; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for a supplement to the salaries of the judges of the superior court of the Clayton Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4683), is amended by revising Section 1 as follows:
"SECTION 1. In addition to the salary payable from state funds, each judge of the superior court of the Clayton Judicial Circuit shall receive a supplement of $50,000.00 per annum, payable in equal monthly installments out of the funds of Clayton County. The governing authority of Clayton County is authorized and directed to pay to each such judge the compensation provided for in this section."
SECTION 2. This Act shall become effective on July 1, 2017.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act providing for a supplement to the salaries of the judges of the superior court of the Clayton County Judicial Circuit, approved April 10, 1969 (Ga. L. 1969, p. 353), as amended; and for other purposes.
3576
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mike Glanton, Representative from District 75, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Clayton News-Daily, which is the official organ of Clayton County, on the 15th of March in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ MIKE GLANTON Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 20th of March in the year 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
GEORGIA LAWS 2018 SESSION
3577
CITY OF PAVO NEW CHARTER.
No. 323 (House Bill No. 619).
AN ACT
To provide a new charter for the City of Pavo; to provide for incorporation, boundaries, powers, and construction; to provide for a governing authority, its qualifications, terms, and related matters; to provide for vacancies; to provide for inquiries and investigations; to provide for meetings, procedures, and voting of the governing authority; to provide for powers of the mayor; to provide for departments; to provide for boards, commissions, and authorities; to provide for ordinances; to provide for a city clerk and city attorney; to provide for personnel matters; to provide for a municipal court, its judges, jurisdiction, and powers; to provide for certiorari and rules of the court; to provide for election and removal of members of the governing authority; to provide for budgets; to provide for disposition of municipal property; to provide for taxes, fees, franchises, and other charges and assessments; to provide for bonds and short-term loans; to provide contract procedures; to provide for bonds for officials, prior ordinances, existing personnel and officers, pending matters, and construction; to provide for other matters relative to the foregoing; to provide a specific repealer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.10. Name.
This city, and the inhabitants thereof, are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Pavo, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description of any combination thereof, to be retained permanently in the office of the City of Pavo and to be designated, as the case may be: "Official map of the corporate limits of the City of Pavo, Georgia." Photographic, typed, or other copies of such map or description certified by the
3578
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The mayor and city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city.
SECTION 1.13. Examples of powers.
The powers of the city shall include, but not be limited to the power to: (1) Animal regulations. Regulate and license or to prohibit the keeping or running at-large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. Make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulations. Regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. Levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. Condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing
GEORGIA LAWS 2018 SESSION
3579
authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. Enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. Establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. Protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. Fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe the fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. Levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charges or fees for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges or fees; and to provide for the manner and method of collecting such service charges or fees; (11) General health, safety, and welfare. Define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. Prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. Provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. Regulate the operation of motor vehicles and exercise control over all traffic including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. Create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such entities the
3580
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. Appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. Acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (19) Municipal property protection. Provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. Acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay for said services; (21) Nuisance. Define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. Provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. Provide comprehensive planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. Exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and fire-fighting agency; (25) Public hazards removal. Provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. Provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and cultural, educational, recreational, conservation, sporting, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, to acquire property by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public peace. Provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. Organize and operate such public transportation systems as are deemed beneficial;
GEORGIA LAWS 2018 SESSION
3581
(29) Public utilities and services. Grant franchises or make contracts for public utilities and public service companies and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. Prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city, and to prescribe penalties and punishment for violation of such regulations; (31) Retirement. Provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. Lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. Levy a fee or charge tax as necessary to ensure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee or charge for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. Provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by other; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and the sale of such items; (35) Special areas of public regulation. Regulate junk dealers, pawn shops, and the manufacture, sale, or transportation of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. Levy and provide for the assessments to cover the costs for any public improvements;
3582
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(37) Taxes: ad valorem. Levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. Levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. Regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. Organize and operate an urban redevelopment program; and (41) Other powers. Exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The city council established shall in all respects be a successor to and in continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
GEORGIA LAWS 2018 SESSION
3583
SECTION 2.11. City council terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for at least 12 months prior to the date of election of mayor or members of the council; each shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Holding other office; voting when financially interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, neither the mayor nor any councilmember shall hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
3584
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all powers of government of this city.
SECTION 2.17. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical system, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The city council shall hold an organizational meeting on the second Tuesday in January of each year. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."
GEORGIA LAWS 2018 SESSION
SECTION 2.19. Regular and special meetings.
3585
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 2.20. Quorum: voting.
Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the journal. Any member of the city council shall have the right to request a roll call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote.
SECTION 2.21. Ordinance form; procedures.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Pavo" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the city council. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council
3586
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
may designate. An ordinance must be read at two different meetings (either regularly scheduled or called meetings at least 48 hours apart) of the mayor and city council unless all members of the city council vote to waive the rules and read the proposed ordinance twice at one meeting.
SECTION 2.22. Action requiring an ordinance.
Actions of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.23. Signing, authenticating; recording; codification; printing.
(a) The city clerk shall authenticate by the city clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of general codification of all ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. The compilation shall be known and cited officially as "The Code of the City of Pavo, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of this first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current change in the code or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.24. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for at least 12 months preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the
GEORGIA LAWS 2018 SESSION
3587
same grounds and under the same procedures as for councilmembers. The compensation of the mayor shall be established in the same manner as the councilmembers.
SECTION 2.25. Chief executive officer.
The mayor shall be the chief executive officer of this city. The mayor shall possess all the executive and administrative powers granted to the city under the Constitution and the laws of the State of Georgia and all the executive and administrative powers granted to the city in this charter.
SECTION 2.26. Powers and duties of mayor.
As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (3) Prepare and submit to the city council a recommended operating budget and capital budget; (4) Submit to the city council at least once per year a statement covering the financial conditions of the city, and from time to time, such other information as the city council may request; (5) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (6) Call special meetings of the city council as provided in subsection (b) of Section 2.19 of this charter; (7) Approve or disapprove ordinances as provided in Section 2.27 of this charter; (8) Provide for an annual audit of all accounts of the city; (9) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (10) Perform such other duties as may be required by law, this charter, or ordinance.
SECTION 2.27. Submission of ordinances to the mayor; veto power.
(a) Every ordinance adopted by the city council shall be presented promptly to the city clerk and to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return the ordinance to the city clerk with or without the mayor's approval or with the mayor's disapproval. If the
3588
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ordinance has been approved by the mayor, it shall become effective upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become effective at noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record the ordinance's date of delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of four members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinances. The approved part or parts of any ordinance making appropriations shall become effective, and the part or parts disapproved shall not become effective unless subsequently passed by the city council over the mayor's veto as provided in subsection (c) of this section. Any such reduced part or parts of an ordinance shall be presented to the city council as though disapproved and shall not become effective unless overridden by the city council as provided in subsection (c) of this section.
SECTION 2.28. Mayor Pro Tempore; election; duties.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. The mayor pro tem shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability or absence. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tem is disabled or absent. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tem is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
GEORGIA LAWS 2018 SESSION
3589
(c) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (d) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor or city council with confirmation of appointment by the city council and mayor. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the mayor and city council unless otherwise provided by law or ordinance.
SECTION 3.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function that the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any other elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filed for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of the member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or laws as it deems appropriate and necessary for the
3590
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the city clerk.
SECTION 3.12. City attorney.
The city council and mayor shall appoint a city attorney and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a part; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning the legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.
SECTION 3.13. City clerk.
The mayor and city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.
SECTION 3.14. Personnel policies.
All city employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Pavo.
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such part-time or stand-by judges as shall be provided by ordinance.
GEORGIA LAWS 2018 SESSION
3591
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall possess all qualifications required by law. All judges shall be appointed by the mayor and city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judge shall be fixed by ordinance. (d) Judges may be removed from office in compliance with Code Section 36-32-2.1 of the O.C.G.A. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as set by the chief judge with approval of the city council and mayor.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall, have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (b) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or both. (c) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (d) The municipal court shall have the authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for such person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and placed fixed for trial, the cash so deposited shall be on order of the judge and declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
3592
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (g) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Thomas County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in total the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection, and upon request a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11. Election of the city council and mayor.
(a) There shall be a municipal general election held on the Tuesday next following the first Monday in November in each odd-numbered year.
GEORGIA LAWS 2018 SESSION
3593
(b) The members of the governing authority elected in the November, 2013, general election shall continue in office for the terms to which they were elected and until their successors are elected and qualified as provided in this charter. The members of the governing authority elected in the November, 2015, general election shall continue in office for the terms to which they were elected and until their successors are elected and qualified as provided in this charter. (c) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election of councilmembers and mayor.
(a) The person or persons who shall receive the highest number of votes at an election for councilmember shall be declared duly elected. (b) The person receiving the highest number of votes at an election for mayor shall be declared duly elected, provided that there are only two candidates contending for said office; and provided, further, that if more than two shall contend for such office, then the one receiving the majority of votes cast shall be declared duly elected. If no candidate contending for such office shall receive a majority of votes cast, a run-off election shall be held within ten days following the regular election between the two candidates contending in such regular election who receive the highest number of votes, and the candidate in such run-off receiving the highest number of votes shall be declared duly elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of the mayor or a councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
3594
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for one or more of the reasons provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing that shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Thomas County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Thomas County following a hearing on a complaint seeking such removal brought by any resident of the City of Pavo.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
GEORGIA LAWS 2018 SESSION
3595
SECTION 6.11. Millage rate; due dates; payment methods.
The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes shall be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum and authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purpose of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in registration within a reasonable time of all franchises previously granted.
3596
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such fees, charges, and tolls shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such cost shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
Reserved.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.16 of this charter by whatever reasonable means not precluded by law. This shall include providing for dates when the taxes or fees are due; late penalties or interest; issuance and execution of fix fi. fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenues to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
GEORGIA LAWS 2018 SESSION
3597
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and shall repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided that the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts shall be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. Preparation of budgets.
The city council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
3598
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor; provided, however, that the budget as finally amended and adopted shall provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the first day of each fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and
GEORGIA LAWS 2018 SESSION
3599
applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council but no later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the first day of each fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
3600
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless it is: (1) In writing; (2) Drawn by or submitted to and reviewed by the city attorney, and as a matter of course, signed by the city attorney to indicate such drafting or review; and (3) Made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter.
SECTION 6.32. Centralized purchasing.
The city council may by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each.
GEORGIA LAWS 2018 SESSION
3601
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue until changed by the mayor and city council.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such city agencies, personnel or offices as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Specific repealer.
An Act to provide a new charter for the City of Pavo, approved August 21, 1911 (Ga. L. 1911, p. 1503), as amended, is hereby repealed.
SECTION 7.16. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to provide a new charter for the City of Pavo; and for other purposes.
3602
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Amy Carter, Representative from District 175, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Thomasville Times-Enterprise, which is the official organ of Thomas County, on the 15th of March in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ AMY CARTER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 20th of March, 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to provide a new charter for the City of Pavo; and for other purposes.
GEORGIA LAWS 2018 SESSION
3603
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Amy Carter, Representative from District 175, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Quitman Free Press, which is the official organ of Brooks County, on the 8th of March in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ AMY CARTER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 20th of March, 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
3604
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
LONG COUNTY BOARD OF COMMISSIONERS; STAGGERED TERMS.
No. 326 (House Bill No. 682).
AN ACT
To amend an Act to re-create and establish the Board of Commissioners of Long County, approved March 10, 1988 (Ga. L. 1988, p. 3755), as amended, so as to provide for staggering of terms of office for commissioner districts; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to re-create and establish the Board of Commissioners of Long County, approved March 10, 1988 (Ga. L. 1988, p. 3755), as amended, is amended by revising subsection (b) of Section 3 as follows:
"(b) Members of the board representing Commissioner Districts 1 and 4 elected at the November general election in 2020 shall take office the first day of January immediately following that election and serve for terms of four years and until their respective successors are elected and qualified. Members of the board representing Commissioner Districts 2, 3, and 5 shall be elected at the November general election in 2020, take office the first day of January immediately following that election, and serve for initial terms of two years and until their respective successors are elected and qualified. All future successors to members of the board whose terms of office are to expire shall be elected at the November general election immediately preceding the expiration of such terms, take office the first day of January immediately following that election, and serve for terms of four years and until their respective successors are elected and qualified."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act to re-create and establish the Board of Commissioners of Long County, approved March 10, 1988 (Ga. L. 1988,p.3755); and for other purposes.
GEORGIA LAWS 2018 SESSION
3605
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jeff Jones, Representative from District 167, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Coastal Courier, which is the official organ of Long County, on the 26th of November in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JEFF JONES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 11th of January in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
3606
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF MONTICELLO CORPORATE LIMITS.
No. 333 (House Bill No. 724).
AN ACT
To amend an Act providing a new charter for the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, so as to change the corporate limits of the City of Monticello; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Monticello, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended, is amended by adding a new section to read as follows:
"SECTION 2.2. In addition to the existing corporate limits of the city, the corporate limits of the City of Monticello shall also include the following tracts or parcels:
TRACT A - 675.51 acres All that parcel lying and being in Land Lots 128 and 129 of Land District 13; Land Lots 1, 2, 29, and 30 of Land District 16; Land Lots 1, 2, 3, and 29 of land district 17, Georgia Militia Districts 295, 365, and 373, Jasper County, Georgia, containing 675.51 acres, shown as Tract A on a plat prepared by Robert O. Jordan, Georgia RLS 2902, dated October 3, 2017, and being more particularly described as follows:
From the POlNT OF BEGINNING, which is a 1/2" rebar found on the southwest right-of-way line of Highway 380 (Perimeter Road) at the land lot corner common to land lots 2, 3, 28, and 29 of Land District 16, having Georgia State Plane west zone NAD83(2011) coordinates North 1191007.00 and East 2444319.65 in US survey feet, and at the base of a 48-inch oak, travel S 51 56' 52" E, 50.13 feet along the right-of-way to a 1/2" rebar; thence leaving the Highway 380 right-of-way S 44 48' 55" W, 299.32 feet to a 5/8" rebar; thence S 52 15' 22" E, 148.30 feet to a point; thence S 52 15' 22" E, 148.30 feet to a 1/2" rebar; thence S 52 15' 46" E, 139.22 feet to a 1/2" rebar; thence S 52 16' 40" E, 139.00 feet to a 1/2" rebar; thence S 56 42' 18" E, 140.14 feet to a 1/2" rebar; thence S 47 49' 24" E, 138.45 feet to a 1/2" rebar; thence S 52 10' 12" E, 131.93 feet to a 1/2" rebar; thence N 37 48' 51" E, 181.87 feet to 1/2" rebar set; thence S 45 04' 46" E, 184.10 feet to a 1/2" rebar set; thence S 45 04' 46" E, 512.47 feet to a 2" open-top pipe; thence N 88 53' 44" E, 133.89 feet to a 2" open-top pipe; thence N 88 49' 47" E, 885.63 feet to a 5/8" rebar; thence S 10 33' 32" W, 475.41feet to a point; thence S 10 20' 16" W, 169.37 feet to a 1/2"
GEORGIA LAWS 2018 SESSION
3607
open-top pipe; thence S 10 20' 16" W, 399.79 feet to a 1/2" rebar set; thence S 79 37' 06" E, 399.38 feet to a 1/2" open-top pipe; thence S 7937' 06" E, 9.18 feet to a point on the western right-of-way of Georgia Highway 11; thence along the right-of-way S 10 26' 58" W, 799.13 feet to a point; thence S 9 52' 06" W, 364.86 feet to a point; thence along an eastward curving arc having a chord S 5 46' 16" E, 843.87 feet, a radius of 1565.14 feet, and an arc length of 854.44 feet to a point; thence S 22 29' 20" E, 528.76 feet to a point; thence along a westward-curving arc having a chord S 12 02' 49" E, 509.65 feet, a radius of 1406.00 feet, and an arc length of 512.48 feet to a point; thence S 1 36' 19" E, 1003.75 feet to a 5/8" rebar; thence S 1 37' 46" E, 88.93 feet to a 5/8" rebar; thence leaving the western right-of-way line of Highway 11 S 52 15' 40" W, 341.03 feet to a 1" open-top pipe; thence S 41 55' 46" E, 425.78 feet to a 5/8" rebar on the western right-of-way of Highway 11; thence along the right-of-way S 0 51' 11" E, 104.34 feet to a point; thence along a westward-curving arc having a chord S 15 57' 10" W, 621.77 feet, a radius of 1040.28 feet, and an arc length of 631.42 feet to a US government 6" x 6" concrete monument G-5; thence leaving the Highway 11 right-of-way N 44 16' 31" W, 4154.50 feet to US Government 6" x 6" concrete monument G-4; thence S 46 07' 20" W, 2288.63 feet to US Government 6" x 6" concrete monument G-3; thence S 48 42' 01" W, 1043.62 feet to a 1/2" rebar set on the north right-of-way of the Norfolk-Southern railroad (100' r/w); thence N 64 53' 59" W, 232.72 feet along the north side of the railroad right-of-way; thence along a southward-curving arc having a chord N 69 43' 40" W, 477.14 feet, a radius of 2834.65 feet, and an arc length of 477.71 feet to a point; thence N 74 33' 20" W, 482.07 feet to a point; thence along a northward-curving arc having a chord N 53 32' 07" W, 999.58 feet, a radius of 1393.35 feet; and an arc length of 1022.36 feet to a point; thence N 32 30' 54" W, 898.20 feet to a point at the intersection of the northeast right-of-way of Norfolk-Southern railroad and the centerline of an unnamed tributary to Cedar Creek, identified as Point A; thence northeastward along the centerline of the unnamed creek approximately 6172 feet to a point identified as Point B.
The traverse line from Point A to Point B is described as follows: from Point A, travel N 52 45' 02" E, 366.32 feet to a point; thence N 54 02' 01" E, 375.89 feet to a point; thence N 66 57' 09" E, 554.88 feet to a point; thence N 17 09' 15" E, 519.65 feet to a point; thence N 22 40' 18" E, 628.09 feet to a point; thence S 83 39' 54" E, 443.86 feet to a point; thence S 87 31' 23" E, 758.48 feet to a point; thence N 31 34' 01" E, 648.83 feet to Point B on the centerline of the unnamed tributary to Cedar Creek.
The parcel boundary leaves the creek centerline from Point B, traveling N 44 54' 36" W, 19.70 feet to a 1" open-top pipe on the creek bank; thence N 44 54' 36" W, 527.14 feet to a 1/2" rebar set; thence N 44 52' 24" E, 2162.76 feet across a swamp to a 3/4" rebar; thence N 43 56' 23" E, 127.14 feet to a 5/8" rebar; thence N 46 50' 54" E, 450.47 feet to a 5/8" rebar; thence N 47 03' 02" E, 878.34 feet to the POINT OF BEGINNING.
3608
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TRACT B - 29.53 acres All that parcel lying and being in Land Lots 28 and 29, Land District 17, Georgia Militia District 373, Jasper County, Georgia, containing 29.53 acres, shown as Tract B on a plat prepared by Robert O. Jordan, Georgia RLS2902, dated October 3, 2017, and being more particularly described as follows:
From the POINT OF BEGINNING, which is a 1/2" rebar set at the intersection of the northern right-of-way line of Feldspar Road (80' r/w) and the southwestern right-of-way line of Norfolk-Southern railroad (100' r/w), having Georgia State Plane, west zone, NAD83(2011) coordinates North 1184520.39 and East 2440112.92 in US survey feet, travel along the north right-of-way line of Feldspar Road on a southward-curving arc having a chord N 83 29' 24" W, 401.14 feet, a radius of 1904.00 feet, and an arc length of 401.88 feet to a point; thence N 89 32' 13" W, 642.04 feet to a 1/2" rebar set on the north right-of-way line of Feldspar Road; thence N8932'13"W, 30.00 feet to a point at the intersection of the north right-of-way line of Feldspar Road with the centerline of Georgia Pacific Spur, an unpaved county-rnaintained road; thence along the centerline of Georgia Pacific Spur N 63 08' 03" W, 44.87 feet to a point; thence N 66 46' 06" W, 67.79 feet to a point; thence N 65 00' 22" W, 365.85 feet to a point; thence along a northward-curving arc having a chord N 42 22' 11" W, 249.91 feet, a radius of 324.65 feet, and an arc length of 256.53 feet; thence N 19 43' 59" W, 199.15 feet to a point; thence N 17 41' 14" W, 257.19 feet to a point; thence along an eastward-curving arc having a chord N 2 59' 31" E, 225.30 feet, a radius of 319.00 feet, and an arc length of 230.26 feet to a point; thence N 23 40' 15" E, 48.03 feet to a point; thence along an eastward-curving arc having a chord N 36 10' 06" E, 324.59 feet, a radius of 750.00 feet, and an arc length of 327.18 feet to a point; thence N 48 39' 57" E, 107.36 feet to a point; thence along a westward-curving arc having a chord N 41 57' 38" E, 31.05 feet, a radius of 156.74 feet, and an arc length of 31.10 feet to a point at the intersection of the centerline of Georgia Pacific Spur with the centerline of an unnamed tributary to Cedar Creek, which is identified as Point C; thence southeasterly along the centerline of the unnamed tributary approximately 496 feet to the intersection of the tributary with the southwest right-of-way line of the Norfolk-Southern Railroad (100' r/w), which is identified as Point D.
The traverse line between Point C and Point D is as follows: from Point C, travel S 58 41' 43" E, 160.96 feet to a point; thence S 59 52' 23" E, 248.90 feet to a point; thence N 65 53' 50" E, 35.31 feet to Point D.
From Point D, travel southeasterly along the southwest right-of-way line of Norfolk-Southern Railroad S 32 30' 54" E, 886.67 feet to a point; thence along an eastward-curving arc having a chord S 48 51' 10" E, 840.15 feet, a radius of 1493.35 feet, and an arc length of 851.64 feet to the POINT OF BEGINNING."
GEORGIA LAWS 2018 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
3609
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the Ciyt of Monticell9o, approved March 10, 1959 (Ga. L. 1959, p. 2683), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Susan Holmes, Representative from District 129, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Monticello News, which is the official organ of Jasper County, on the 18th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ SUSAN HOLMES Affiant
3610
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of January in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
TOWN OF CLERMONT CITY COUNCIL; COUNCILMEMBER WARDS.
No. 335 (House Bill No. 730).
AN ACT
To amend an Act incorporating the Town of Clermont, approved May 6, 2015 (Ga. L. 2015, p. 3767), so as to provide for councilmember wards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act incorporating the Town of Clermont, approved May 6, 2015 (Ga. L. 2015, p. 3767), is amended by revising paragraph (1) of subsection (b) of Section 3.12 as follows:
"(b)(1) For purposes of electing members of the town council of the Town of Clermont, the town is divided into four councilmember wards which shall be and correspond to those four numbered wards described in and attached to and made a part of this Act and further identified as 'Plan: clermont-2015 Plan Type: local Administrator: clermont User: bak'. A fifth councilmember ward shall comprise the entire territory of the town. Each councilmember and mayor shall be elected at large by the voters of the entire municipality. The members of the town council elected in the 2015 municipal elections shall continue in office for the terms to which they were elected and until their successors are elected and qualified as provided in this Act. The members of the town council elected in the 2017 municipal elections shall continue in office for the terms to which they were elected and until their successors are elected and qualified as provided in this Act. Persons qualifying for election as councilmember in the 2019 municipal elections
GEORGIA LAWS 2018 SESSION
3611
shall reside in and qualify for Wards 1, 2, and 5, as applicable. Persons qualifying for election as councilmember in the 2021 municipal election shall reside in and qualify for Wards 3 and 4, as applicable. If a councilmember moves his or her residence from the ward from which he or she was elected during his or her term of office, a vacancy shall be created and shall be filled as provided in this charter. The mayor may reside in any part of the town and will be elected in the 2021 municipal election. The mayor and each councilmember shall serve terms of four years and until their successors are duly elected and qualified."
SECTION 2. This Act shall become effective January 1, 2019.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan: clermont-2015 Plan Type: local Administrator: clermont User: bak
District 001 Hall County VTD: 139018 - CLERMONT 000201: 1001 1002 1004 1005 1006 1008 1009 1018 2016 2020 2022 2024 2061 000203: 1000 1018 1019 1020 1021 1052 1059
District 002 Hall County VTD: 139018 - CLERMONT 000203: 1001 1002 1003 1004 1005 1006 1009 1010 1013 1014 1015 1016 1017 2045 2055
District 003 Hall County VTD: 139018 - CLERMONT 000203: 2027 2032 2036 2038 2041 2042 2046 2048 2049 2051 2053 2071
3612
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District 004 Hall County VTD: 139018 - CLERMONT 000203: 2047 2056
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Clermont, approved May 6, 2015 (Ga. L. 2015, p. 3767); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Lee Hawkins, Representative from District 27, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Gainesville Times, which is the official organ of Hall County, on the 12th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ LEE HAWKINS Affiant
GEORGIA LAWS 2018 SESSION
3613
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of January, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
HEARD COUNTY BOARD OF EDUCATION; COMPENSATION.
No. 337 (House Bill No. 771).
AN ACT
To amend an Act providing for the Heard County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 5078), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3661), so as to provide a new method of compensating the members of the Heard County Board of Education; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the Heard County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 5078), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3661), is amended by striking Section 6 in its entirety and inserting in its place the following:
"SECTION 6. Each member of the board shall receive $300.00 per month as compensation for his or her services. While meeting or traveling outside Heard County as a member of the board, the chairperson or any member of the board shall receive reimbursement for actual expenses necessarily incurred in connection therewith. To be eligible for reimbursement, travel must first be authorized by a majority vote of the board and may be for, but is not limited to, attending training sessions or state-wide meetings. All expenses shall be verified and
3614
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
approved prior to reimbursement in such manner as may be specified by the board. Compensation and reimbursement of board members shall be payable from the funds of the board."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing for the Heard County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 5078), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, P. 3661), so as to provide a new method of compensating the members of the Heard County Board of Education; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Randy Nix, Representative from District 69, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the News and Banner, which is the official organ of Heard County, on the 17th of Janaury in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
GEORGIA LAWS 2018 SESSION
3615
s/ RANDY NIX Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of January in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
CITY OF CAMILLA NEW CHARTER.
No. 338 (House Bill No. 772).
AN ACT
To provide a new charter for the City of Camilla; to provide for incorporation, boundaries, powers, and construction; to provide for a governing authority, its qualifications, terms, and related matters; to provide for vacancies; to provide for inquiries and investigations; to provide for meetings, procedures, and voting of the governing authority; to provide for powers of the mayor; to provide for departments; to provide for boards, commissions, and authorities; to provide for ordinances; to provide for a city manager; to provide for a city clerk and city attorney; to provide for personnel matters; to provide for a municipal court, its judges, jurisdiction, and powers; to provide for certiorari and rules of the court; to provide for election and removal of members of the governing authority; to provide for budgets; to provide for disposition of municipal property; to provide for taxes, fees, franchises, and other charges and assessments; to provide for bonds and short-term loans; to provide contract procedures; to provide for bonds for officials, prior ordinances, existing personnel and officers, pending matters, and construction; to provide for other matters relative to the foregoing; to provide a specific repealer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
3616
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.10. Name.
This city, and the inhabitants thereof, are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Camilla, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description of any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official map of the corporate limits of the City of Camilla, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The mayor and city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city.
SECTION 1.13. Examples of powers.
The powers of the city shall include, but not be limited to the power to: (1) Animal regulations. Regulate and license or to prohibit the keeping or running at-large of animals and fowl and to provide for the impoundment of same if in violation of any
GEORGIA LAWS 2018 SESSION
3617
ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. Make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulations. Regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. Levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. Condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. Enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. Establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. Protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. Fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe the fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. Levy, fix, assess, and collect garbage, refuse, and trash collection and disposal, and other sanitary service charges or fees for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges or fees; and to provide for the manner and method of collecting such service charges or fees;
3618
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(11) General health, safety, and welfare. Define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. Prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. Provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. Regulate the operation of motor vehicles and exercise control over all traffic including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. Create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such entities the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. Appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. Acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (19) Municipal property protection. Provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. Acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay for said services; (21) Nuisance. Define a nuisance and provide for its abatement, whether on public or private property; (22) Penalties. Provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia;
GEORGIA LAWS 2018 SESSION
3619
(23) Planning and zoning. Provide comprehensive planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. Exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and fire-fighting agency; (25) Public hazards removal. Provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. Provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, and cultural, educational, recreational, conservation, sporting, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, to acquire property by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public peace. Provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. Organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. Grant franchises or make contracts for public utilities and public service companies and to prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. Prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city, and to prescribe penalties and punishment for violation of such regulations; (31) Retirement. Provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. Lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. Levy a fee or charge tax as necessary to ensure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant
3620
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee or charge for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. Provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by other; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and the sale of such items; (35) Special areas of public regulation. Regulate junk dealers, pawn shops, and the manufacture, sale, or transportation of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. Levy and provide for the assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. Levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. Levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. Regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. Organize and operate an urban redevelopment program; and (41) Other powers. Exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
GEORGIA LAWS 2018 SESSION
3621
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The city council established shall in all respects be a successor to and in continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
SECTION 2.11. City council terms and qualifications for office.
(a) The mayor and members of the city council shall be registered and qualified to vote in municipal elections in the city and serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for at least 12 months prior to the date of election of mayor or members of the council; each shall continue to reside therein during that person's period of service and to be registered and qualified to vote in municipal elections of this city. (b) No person shall be eligible to serve as councilmember representing a council district unless that person shall have been a resident of such district for a continuous period of at least 12 months immediately prior to the date of the election for councilmember. Any elected councilmember shall continue to reside in his or her respective district during that person's period of service.
SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
3622
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Filling of Vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Holding other office; voting when financially interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, neither the mayor nor any councilmember shall hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15. Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Title 50, Chapter 14 of the Official Code of Georgia Annotated, concerning the property, government, or affairs of the governmental body by which the
GEORGIA LAWS 2018 SESSION
3623
official is engaged without proper legal authorization; or use such information to advance the financial or other private interests of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in his or her capacity as an officer or employee of the city. (e) Contacts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor or former councilmember shall hold any appointive office in the city until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees. No appointive officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying for or election to any public office in this city or any other public office which is
3624
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
inconsistent, incompatible or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation:
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position; and (2) Any officer or employee of the city who shall forfeit an office or positions as described in paragraph (1) above, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.16. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.17. General power and authority of the city council.
(a) Except as otherwise provided by law or this charter, the city council shall be vested with all powers of government of this city. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Camilla and may enforce such ordinances by imposing penalties for violation thereof.
SECTION 2.18. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical system, gas systems, airports,
GEORGIA LAWS 2018 SESSION
3625
hospitals, and charitable, educational, recreational, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof; and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.19. Organizational meetings.
The city council shall hold an organizational meeting on the second Monday in January of each year following each municipal election. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly elected members by a judicial officer authorized to administer oaths, to the extent it is in accordance with state and federal law as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident [of my district and] the City of Camilla for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Camilla to the best of my ability without fear, favor, affection, reward, or expectation thereof."
SECTION 2.20. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
3626
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 2.21. Rules of procedure.
The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record.
SECTION 2.22. Quorum: voting.
Four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the journal. Any member of the city council shall have the right to request a roll call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as a negative vote.
SECTION 2.23. Ordinance form; procedures.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Camilla" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and read at a regular or special meeting of the city council. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. An ordinance must be read at two different meetings (either regularly scheduled or called meetings at least 48 hours apart) of the mayor and city council unless all members of the city council vote to waive the rules and read the proposed ordinance twice at one meeting.
GEORGIA LAWS 2018 SESSION
SECTION 2.24. Action requiring an ordinance.
3627
Actions of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.25. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.
SECTION 2.26. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedures and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of Section 2.23(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.27.
3628
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.27. Signing, authenticating; recording; codification; printing.
(a) The city clerk shall authenticate by the city clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of general codification of all ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. The compilation shall be known and cited officially as "The Code of the City of Camilla, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of this first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable, with reproduction and distribution of any current change in the code or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.28. City manager; appointment; qualifications; compensation.
The city council shall appoint a city manager for an indefinite term and shall fix the manager's compensation. The manager shall be appointed solely on the basis of executive and administrative qualifications.
SECTION 2.29. Removal of city manager.
(a) The city council may remove the manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the
GEORGIA LAWS 2018 SESSION
3629
manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager; (2) Within five days after a copy of the resolution is delivered to the manager, the manager may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the council a written reply not later than five days before the hearing; and (3) If the manager has not requested a public hearing within the time specified in paragraph (2) above, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The manager may continue to receive a salary until the effective date of the final resolution of removal.
SECTION 2.30. Acting city manager.
By letter filed with the city clerk, the manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during the manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the manager's disability shall cease.
SECTION 2.31. Powers and duties of the city manager.
The city manager shall be the chief executive and administrative officer of the city. The manager shall be responsible to the city council for the administration of all city affairs placed in the manager's charge by or under this charter. As the chief executive and administrative officer, the manager shall:
(1) Appoint and, when the manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (2) Direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law;
3630
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.
SECTION 2.32. Council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.15, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 2.33. Selection of mayor pro tem.
The council shall elect from among its members a mayor pro tem who shall act as mayor during the absence or disability of the mayor, but shall vote only once on matters before the council and, if a vacancy occurs, shall become mayor for the remainder of the expired term.
SECTION 2.34. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits;
GEORGIA LAWS 2018 SESSION
3631
(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council only in the case of a tie or when the vote is necessary for a majority for or against any matter; and (6) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council shall prescribe by ordinance the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency.
SECTION 3.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function that the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
3632
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any other elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filed for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of the member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or laws as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a part; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning the legal aspects of the city's affairs; and shall perform other such duties as may be required by virtue of the person's position as city attorney.
SECTION 3.13. City clerk.
The city manager shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records, maintain city council records required by this charter, and perform such other duties as may be required by the city council.
GEORGIA LAWS 2018 SESSION
3633
SECTION 3.14. Position classification and pay plans.
The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
SECTION 3.15. Personnel policies.
All city employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Camilla.
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such full-time, part-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judge shall be fixed by ordinance. (d) Judges may be removed from office in compliance with Code Section 36-32-2.1 of the O.C.G.A. (e) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.21 of this charter.
3634
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations all, as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or both. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have the authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for such person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and placed fixed for trial, the cash so deposited shall be on order of the judge and declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city.
GEORGIA LAWS 2018 SESSION
3635
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Mitchell County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in total the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11. Election of the city council and mayor.
(a) There shall be a municipal general election held on the Tuesday next following the first Monday in November in each odd-numbered year. (b) The members of the governing authority elected in the November 2015 and November 2017 general elections shall continue in office for the terms to which they were elected and until their successors are elected and qualified as provided in this charter. (c) At the 2019 municipal general election and at every other election thereafter, there shall be elected the mayor at-large, one councilmember from District 1, Post 1, and one councilmember from District 2, Post 1. The remaining city council seats, which shall include District 1, Post 2; District 1, Post 3; District 2, Post 2; and District 2, Post 3, shall be filled at the 2021 municipal general election and at every other election thereafter.
3636
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(d) The mayor and councilmembers shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by majority.
The person or persons who shall receive the highest number of votes at an election for any city office shall be declared duly elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of the mayor or a councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for one or more of the reasons provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
GEORGIA LAWS 2018 SESSION
3637
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing that shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Mitchell County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Mitchell County following a hearing on a complaint seeking such removal brought by any resident of the City of Camilla.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes shall be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum and authorize the voluntary payment of taxes prior to the due date.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
3638
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.13. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purpose of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in registration within a reasonable time of all franchises previously granted.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such fees, charges, and tolls shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners. If unpaid, such cost shall be collected as provided in Section 6.18 of this charter.
GEORGIA LAWS 2018 SESSION
3639
SECTION 6.17. Construction; other taxes and fees.
The city shall be empowered to levy any other tax or fee allowed now or hereafter by general law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means not precluded by law. This shall include providing dates for when the taxes or fees are due; late penalties or interest; issuance and execution of fix fi. fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenues to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and shall repay such loans not later than December 31 of each year, unless otherwise provided by law.
3640
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided that the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts shall be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government unless otherwise provided by state or federal law.
SECTION 6.24. Preparation of budgets.
The city council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other such pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
GEORGIA LAWS 2018 SESSION
3641
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the city manager; provided, however, that the budget as finally amended and adopted shall provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the first day of each fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
3642
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council but no later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.25 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the first day of each fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city manager may submit amendments to the capital budget at any time during the fiscal year accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless it is: (1) In writing; (2) Drawn by or submitted to and reviewed by the city attorney, and as a matter of course, signed by the city attorney to indicate such drafting or review; and (3) Made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.
GEORGIA LAWS 2018 SESSION
3643
SECTION 6.32. Centralized purchasing.
The city council may by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition.
3644
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Specific repealer.
An Act to provide a new charter for the City of Camilla, approved March 27, 1972 (Ga. L. 1972, p. 2919), as amended, is hereby repealed.
SECTION 7.16. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide a new charter for the City of Camilla; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jay Powell, Representative from District 171, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.
GEORGIA LAWS 2018 SESSION
3645
(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Camilla Enterprise, which is the official organ of Baker County, on the 10th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JAY POWELL Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 29th of January, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
TERRELL COUNTY COUNTY TREASURER; ABOLISH OFFICE.
No. 341 (House Bill No. 805).
AN ACT
To abolish the office of county treasurer of Terrell County; to provide for an effective date; to repeal conflicting laws; and for other purposes.
3646
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the provisions of subsection (b) of Code Section 36-6-1 of the O.C.G.A., the office of county treasurer of Terrell County is abolished on July 1, 2018.
SECTION 2. This Act shall become effective on July 1, 2018.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to abolish the office of county treasurer of Terrell County; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Gerald Greene, Representative from District 151, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Dawson News, which is the official organ of Terrell County, on the 25th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
GEORGIA LAWS 2018 SESSION
3647
s/ GERALD GREENE Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
CITY OF ST. MARYS COMMUNITY IMPROVEMENT DISTRICTS.
No. 342 (House Bill No. 807).
AN ACT
To provide for the creation of one or more community improvement districts in the City of St. Marys; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment and election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide for bonded indebtedness; to provide for cooperation with local governments; to provide for powers of such boards; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolution; to provide the procedures connected with all of the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title
This Act shall be known and may be cited as the "City of St. Marys Community Improvement Districts Act of 2018."
3648
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. Purpose
The purpose of this Act shall be to provide for the creation of one or more community improvement districts within the City of St. Marys, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created hereby, or as may be adopted by resolution of the majority of the electors and the majority of the equity electors as defined in this Act:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law.
SECTION 3. Definitions
As used in this Act, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of each community improvement district authorized by this Act. (3) "Bonds" or "general obligation bonds" means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds, but not including notes or other obligations of a district. (4) "Cost of the project" or "cost of any project" means and includes: (A) All costs of acquisition by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the costs of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the costs of securing any such franchises, permits, approvals, licenses, or certificates; the cost of preparation of any application therefor; and the cost of all fixtures,
GEORGIA LAWS 2018 SESSION
3649
machinery, equipment, including all transportation equipment and rolling stock, furniture, and other property used in or in connection with or necessary for any project; (C) All interest and other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary for or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which issuance of any such bonds, notes, or other obligations of the district may be authorized. Any costs, obligation, or expenses incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of bonds, notes, or other obligations issued by the district. (5) "District" means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (6) "Electors" means the owners of real property used nonresidentially within the district which is subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of the City of St. Marys, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one
3650
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
partner of a partnership elector, or one designated representative of an elector whose designation is made in writing. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on majority. An owner of multiple parcels shall have one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel shall have one vote for an election based on numerical majority which shall be cast by one of their number who is designated in writing. (7) "Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property," with reference to taxes, fees, and assessments levied by the board, means the burden of the taxes, fees, and assessments, shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the Camden County Board of Tax Assessors having jurisdiction over the City of St. Marys; or may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended, or may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (8) "Equity electors" means the electors who cast votes equal to $1,000.00 value of all owned real property within the district which is then subject to taxes, fees, and assessments levied by the board. The value of real property shall be the assessed value. In the event the owner is a corporation, trust, partnership, multiple owners, or any other entity, one person shall be designated as elector, and such designation shall be made in writing. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation. Such term does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, located or to be located within the district or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement; the creation, provision, enhancement, or supplementing of public services, such as fire, police, and other services, provided that
GEORGIA LAWS 2018 SESSION
3651
same do not conflict with or duplicate existing public services; and all for the essential public purposes set forth in Section 2 of this Act. (11) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Camden County within the district as certified by the Camden County Tax Commissioner. Ownership as shown by the most recent ad valorem real property tax records of the City of St. Marys shall be prima-facie proof of ownership. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (12) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping center, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district parking, or other commercial or business use or vacant land zoned or approved for any uses listed in this paragraph which does not include residential. (13) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodation for persons and families and such community facilities as may be incidental or appurtenant thereto. (14) "Taxpayer" means an entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.
SECTION 4. Creation
(a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located wholly within the incorporated area of the City of St. Marys, each of which shall be activated upon compliance with the conditions set forth in this Act. Each district shall be governed by a board as constituted by this Act. The conditions for such activations shall be:
(1) The adoption of a resolution consenting to the creation of each community improvement district by the governing authority of the City of St. Marys; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest.
3652
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) The written consent provided for in subsection (a) of this section shall be submitted to the tax commissioner having jurisdiction over the City of St. Marys, who shall certify whether subparagraphs (a)(2)(A) and (a)(2)(B) of this section have been satisfied with respect to each such proposed district. (c) No district or board created under this Act shall transact any business or exercise any powers under this Act until the conditions set forth in this section are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and, a second copy shall be filed with the Department of Community Affairs.
SECTION 5. Administration, appointment, and
election of board members
Each district created pursuant to this Act shall be administered by a board appointed by the mayor and council of the City of St. Marys. The composition of the board shall be specified in each resolution creating the respective district.
SECTION 6. Taxes, fees, and assessments
(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purposes as described in Section 2 of this Act which are specially required by the degree of density of development within the district and not for the purposes of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fees, or assessment so levied shall be collected by the City of St. Marys in the same manner as taxes, fees, and assessments are levied by the City of St. Marys. Delinquent taxes shall bear the same interest and penalties as the City of St. Marys or municipal ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection not to exceed 1 percent of such proceeds, than shall be transmitted by the City of St. Marys to the board and shall be expended by the board only for the purposes authorized by this Act.
GEORGIA LAWS 2018 SESSION
3653
(b) The board shall levy the taxes, fees, and assessments in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing the collecting governing bodies so they may include the levy on their regular ad valorem tax bills. All taxes, fees, and assessments levied by the board and collected by the City of St. Marys shall be segregated, and neither the City of St. Marys nor the Camden County Tax Commissioner shall expend such funds for any purpose not authorized by the board except as authorized in subsection (a) of this section. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event for bonded indebtedness of the district then outstanding until said bonded indebtedness then outstanding is paid or refunded.
SECTION 7. Boundaries of the district
(a) The boundaries of each district shall be as designated as such by the governing authority of the City of St. Marys as set forth in the resolution required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(1) Written consent of a majority of the owners of real property within the area sought to be annexed into the district and which will be subject to taxes, fees, and assessments levied by the board of the district; (2) Written consent of owners of real property within the areas sought to be annexed into the district which constitutes at least 75 percent by value of all real property which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and (4) The adoption of a resolution consenting to the annexation by the governing body of the City of St. Marys.
SECTION 8. Debt
Each district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of Georgia, or any other provision of law, prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith and credit and taxing power of the district. All debt shall not be an obligation of the State of Georgia, the City of St. Marys, or any other unit of government of the State of Georgia other than the district.
3654
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 9. Cooperation with local governments
The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing body of the City of St. Marys. The provisions of this section shall in no way limit the authority of Camden County or the City of St. Marys to provide services or facilities within the district; and Camden County and the City of St. Marys shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities within the district; and Camden County and the City of St. Marys shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include, but not limited to, the modification of, access to, and degree and type of services provided through or by facilities of the city. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.
SECTION 10. Powers
(a) Each district and its board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district. (5) To finance by loan, grant, lease, or otherwise; to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects; and to pay the cost of any project from the proceeds of the bonds, notes or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations,
GEORGIA LAWS 2018 SESSION
3655
partnerships, whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgments of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state or county government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, or county government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (12) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (13) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (14) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with the City of St. Marys;
3656
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(15) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (16) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; (17) To invest its funds, whether derived from the issuance of bonds or otherwise, in such a manner as it may deem prudent and appropriate, without further restriction; (18) To do all things necessary or convenient to carry out the powers conferred by this section; and (19) To provide for all such services and facilities as noted in Section 2 of this Act. (b) The powers enumerated in this section shall be cumulative of and in addition to those powers enumerated elsewhere in this Act; and no such power shall limit or restrict any other power of the board. (c) The powers enumerated in this section are conferred for an essential governmental function for a public purpose, and the revenues and debt of any district shall not be subject to taxation.
SECTION 11. Bonds - generally
(a) Notes or other obligations issued by a district, other than general obligation bonds, may be paid solely from the property pledged to pay such notes or other obligations or may constitute general obligations of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have the power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the
GEORGIA LAWS 2018 SESSION
3657
bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of any district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of any district. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) All bonds issued by a district pursuant to this Act shall be validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," or in accordance with such other successor provision governing bond validation generally as may be provided by law. The signature of the clerk of the Superior Court of Camden County may be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of validation, hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices, petition, and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so the effective interest cost resulting would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions of a board, in bonds, notes, or other obligations of the district, or in notices or proceeding to validate such bonds, notes, or other obligations of a district.
3658
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 12. Authorized contents of agreement and instruments; use of proceeds of sale bonds, notes, and other obligations;
subsequent issues of obligations
(a) Subject to the limitations and procedures provided by this section and by Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by the board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purposes of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. (d) In the event that any district is terminated in accordance with this Act, the board shall serve until December 31 of the year in which termination is approved for the purpose of concluding any ongoing matters and projects, but, if such cannot be concluded by December 31, then the governing authority of the City of St. Marys shall assume the duties of the administrative board and shall be expressly authorized to exercise the authority of the administrative board.
SECTION 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A.;
notice, proceeding, publication, referendum
This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A. No notice, proceeding, or publication except those required hereby or by law shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.
GEORGIA LAWS 2018 SESSION
SECTION 14. Dissolution
3659
(a) Any district activated under the provisions of this Act may be dissolved. The conditions for such dissolution shall be:
(1) The adoption of a resolution approving of the dissolution of each community improvement district by the governing body of the City of St. Marys; and (2) The written consent to the dissolution of the community improvement district by:
(A) Two-thirds of the owners of real property within the district which are subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property constituting at least 75 percent by value of all real property within the district which are subject to taxes, fees, and assessments levied by the board. For these purposes, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the tax commissioner having jurisdiction over the City of St. Marys who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to each proposed district dissolution. (b) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such times as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes effective, no new projects shall be undertaken, obligations or debts incurred, or property acquired. (c) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 2 of this Act, shall be reduced to cash, and, along with all other cash on hand, shall be applied to the repayment of any debt obligations of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to the City of St. Marys. (d) When a dissolution becomes effective, the city governing authority shall take title to all property previously in the ownership of the district, and all taxes, fees, and assessments of the district shall cease to be levied and collected. (e) A district may be reactivated in the same manner as an original activation.
SECTION 15. Severability
In the event any section, subsection, sentence, clause, or phrase of this Act is declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General
3660
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 16. Effective date
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 17. Repealer
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to create Community Improvement Districts for the City of St. Marys; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jason Spencer, Representative from District 180, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Tribune & Georgian, which is the official organ of Camden County, on the 28th of December in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or
GEORGIA LAWS 2018 SESSION
3661
(ii) During the seven days immediately following the date of publication of such Notice.
s/ JASON C. SPENCER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
SCHOOL DISTRICT OF SOCIAL CIRCLE BOARD OF EDUCATION; VACANCIES.
No. 347 (House Bill No. 822).
AN ACT
To amend an Act to continue the charter for the Academy of Social Circle, to create a body politic known as the School District of Social Circle, and to provide for a board of education and matters relative thereto, approved April 29, 1997 (Ga. L. 1997, p. 4557), so as to modify provisions relating to the filling of vacancies on the Board of Education of Social Circle; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to continue the charter for the Academy of Social Circle, to create a body politic known as the School District of Social Circle, and to provide for a board of education and matters relative thereto, approved April 29, 1997 (Ga. L. 1997, p. 4557), is amended by revising Section 6 as follows:
3662
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"SECTION 6. Any vacancy occurring in the membership of the board, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, shall be filled in accordance with general law."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the 2018 regular session of the General Assembly of Georgia a bill to amend an Act to continue the charter for the Academy of Social Circle, to create a body politic known as the School District of Social Circle, and to provide for a board of education and matters relative thereto, approved April 29, 1997 (Ga. L. 1997, p. 4557); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Bruce Williamson, Representative from District 115, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Walton Tribune, which is the official organ of Walton County, on the 17th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ BRUCE WILLIAMSON Affiant
GEORGIA LAWS 2018 SESSION
3663
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
CITY OF HARLEM REDEVELOPMENT POWERS; REFERENDUM.
No. 348 (House Bill No. 828).
AN ACT
To authorize the City of Harlem to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of Harlem shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Harlem to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Harlem to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
3664
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. The municipal election superintendent of the City of Harlem shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Harlem for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2018, general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Columbia County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Harlem to utilize tax allocation districts and redevelopment powers under the 'Redevelopment
( ) NO Powers Law,' as it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Harlem. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the City of Harlem to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; and for other purposes.
GEORGIA LAWS 2018 SESSION
3665
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Barry Fleming, Representative from District 121, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Columbia County News-Times, which is the official organ of Columbia County, on the 31st of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ BARRY FLEMING Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
3666
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
QUITMAN COUNTY BOARD OF EDUCATION; COMPENSATION.
No. 349 (House Bill No. 829).
AN ACT
To amend an Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, so as to change the compensation of the chairperson and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act reconstituting the Board of Education of Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended, is amended by revising Section 6 as follows:
"SECTION 6. The chairperson of the Board of Education of Quitman County shall be paid $600.00 per month as his or her compensation for services rendered and for attendance at all regular and special meetings of the board. Each member of the board other than the chairperson shall be paid $500.00 per month as his or her compensation for services rendered and for attendance at all regular and special meetings of the board. When performing official business that requires travel outside the Quitman County school district and is authorized in advance by a majority vote of the board, the chairperson and each member of the board shall receive actual and necessary expenses incurred in the performance of their duties outside the county school district, including meals and lodging, and shall be entitled to the same mileage reimbursement provided for state officers and employees in Code Section 50-19-7 of the O.C.G.A., as now or hereafter amended."
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act reconstituting the Board of Education of
GEORGIA LAWS 2018 SESSION
3667
Quitman County, approved March 16, 1994 (Ga. L. 1994, p. 3689), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Gerald Greene, Representative from District 151, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Eufaula Tribune, which is the official organ of Quitman County, on the 28th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ GERALD GREENE Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
3668
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
TROUP COUNTY STATE COURT; TECHNOLOGY FEE.
No. 350 (Senate Bill No. 286).
AN ACT
To amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended, so as to authorize the court to charge and collect a technology fee for certain filings; to specify the uses to which said technology fees may be put; to provide for related matters; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended, is amended by adding a new section to read as follows:
"Section 29A. Technology fees. The clerk shall be entitled to charge and collect a technology fee to be set by the chief judge for the filing of each civil action with the court. Such technology fee shall not exceed $10.00 and shall be used exclusively to provide for the technological needs of the court to include only the following uses: computer hardware and software purchases, leases, maintenance, and installation; imaging, scanning, facsimile, communications, projection, and printing equipment and software purchases, leases, maintenance, and installation; and associated personal technology services. The funds collected pursuant to this section shall be maintained in a segregated fund by the clerk and shall be used only for the purposes authorized in this section."
SECTION 2. This Act shall stand repealed in its entirety on June 30, 2023.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Troup County
GEORGIA LAWS 2018 SESSION
3669
(formerly the Civil and Criminal Court of Troup County), approved March 6, 1962 (Ga. L. 1962, p. 3020), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Matt Brass, Senator from District 28, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Troup County News, which is the official organ of Troup County, on the 8th of March in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ MATT BRASS 28 Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March, 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 3, 2018.
3670
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF DAHLONEGA VACANCIES.
No. 359 (Senate Bill No. 387).
AN ACT
To amend an Act entitled "An Act to create a new charter for the City of Dahlonega in the County of Lumpkin," approved April 12, 1982 (Ga. L. 1982, p. 4353), as amended, particularly by an Act approved May 11, 2010 (Ga. L. 2010, p. 3522), so as to provide for the filling of vacancies; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to create a new charter for the City of Dahlonega in the County of Lumpkin," approved April 12, 1982 (Ga. L. 1982, p. 4353), as amended, particularly by an Act approved May 11, 2010 (Ga. L. 2010, p. 3522), is amended by revising Section 5.12 as follows:
"SECTION 5.12. Special elections; vacancies.
In the event that a vacancy occurs in one or more elected offices of the city for any cause whatsoever, the remaining elected officials shall constitute a quorum for the purpose of implementing the terms of this section, and those remaining elected officials shall appoint a qualified person to fill such vacancy or vacancies for the remainder of the unexpired term or terms. No person appointed to fill such a vacancy shall be eligible to run in the next succeeding election for the post held by such appointed person. If a tie vote occurs in regard to filling such vacancy or vacancies, the mayor, or in the event the mayor recuses himself or herself or is otherwise incapable of making the selection, or if the position of mayor is vacant, the mayor pro tempore shall appoint a qualified person to fill the vacancy or vacancies. At no time shall there be more than three members so appointed holding office and, if a vacancy occurs within the three members so appointed on the city council, a special election shall be held by the city at the next available time in compliance with applicable laws, at which election a qualified person shall be elected to serve the remainder of the unexpired term of such vacant office, provided that no such election shall be held if a regular annual election will occur within six months of the date of vacancy."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 2018 SESSION
3671
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act entitled "An Act to create a new charter for the City of Dahlonega in the County of Lumpkin," approved April 12, 1982 (Ga. L. 1982, p. 4353), as amended, particularly by an Act approved May 11, 2010 (Ga. L. 2010, p. 3533); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Steve Gooch, Senator from District 51, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Dahlonega Nugget, which is the official organ of Lumpkin County, on the 31st of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ STEVE GOOCH Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia
3672
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires December 29, 2018 (SEAL)
Approved May 3, 2018.
__________
HOUSTON COUNTY STATE COURT; LOCATION.
No. 360 (Senate Bill No. 389).
AN ACT
To amend an Act to create and establish the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, so as to provide for the location of the state court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to create and establish the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, is amended by revising Section 1 as follows:
"Section 1. Under the authority conferred upon the General Assembly by Article VI, Section IX, Paragraph I of the Constitution pursuant to a constitutional amendment approved April 10, 1968 (Ga. L. 1968, p. 1805), and ratified November 5, 1968, there is hereby created and established a special court which shall be located in Houston County, Georgia. Said court shall be known as the State Court of Houston County, and said court shall have territorial jurisdiction over the entire County of Houston."
SECTION 2. This Act shall become effective on July 1, 2018.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act to create and establish the State Court of
GEORGIA LAWS 2018 SESSION
3673
Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Larry Walker, III, Senator from District 20, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.
(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Houston Home Journal, which is the official organ of Houston County, on the 31st of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ L. C. WALKER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of February in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 3, 2018.
3674
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF DOERUN NEW CHARTER.
No. 362 (Senate Bill No. 392).
AN ACT
To provide a new charter for the City of Doerun; to provide for incorporation boundaries, powers and construction; to provide for a governing authority and its membership, elections, and terms; to provide for vacancies; to provide for inquiries and investigations; to provide for meetings and voting of the governing authority; to provide for powers of the mayor and city council; to provide for boards, commissions, and authorities; to provide for ordinances; to provide for a city manager, city clerk, and city attorney; to provide for employment matters; to provide for a municipal court, its judges, jurisdiction, and powers; to provide for certiorari and rules of court; to provide for taxes, fees, franchises, and other charges and assessments; to provide for bonds and short-term loans; to provide contract procedures; to provide for bonds for officials, prior ordinances, existing personnel and officers, pending matters, and construction; to provide for other matters relative to the foregoing; to provide a specific repealer; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style "City of Doerun," Georgia, and by that name shall have perpetual existence.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of the City of Doerun shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map to be retained permanently in the office of the city clerk and to be identified by the city clerk as the "Official Map of the Corporate Limits of the City of Doerun, Georgia." Photographic, typed, or other copy of such map or description certified by the city clerk shall be admitted
GEORGIA LAWS 2018 SESSION
3675
as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide by ordinance for the redrawing of any such map to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
SECTION 1.13. Specific powers.
(a) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (b) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (c) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades. (d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing
3676
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
authority, utilizing procedures provided by the Official Code of Georgia Annotated as the same shall exist from time to time. (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the corporate limits of the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (h) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (i) Fire regulations. To fix and establish the area of service provided by the Doerun fire department and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law relating to fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof. (j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services or to whom such services are available; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges. (k) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards. (l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (m) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (n) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city. (p) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the
GEORGIA LAWS 2018 SESSION
3677
necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (q) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter and the laws of the State of Georgia. (r) Municipal property ownership. To acquire, dispose of, lease, option, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (s) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof. (t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, gas works, electric works, cable television, and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes if authorized by general law, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same. (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. (w) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulations and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community. (x) Police and fire protection. To exercise the power of arrest through duly appointed policemen; and to establish, operate, or contract for police and fire fighting agencies. (y) Public hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (z) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under procedures provided by the Official Code of Georgia Annotated as the same shall exist from time to time. (aa) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances. (bb) Public transportation. To organize and operate such public transportation systems as are deemed beneficial.
3678
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(cc) Public utilities and services. To grant franchises or make contracts for, or impose taxes if authorized by general law on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission. (dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (ee) Retirement. To provide and maintain a retirement plan for officers and employees of the city. (ff) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, provide drainage for, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to impose penalties for failure to do so. (gg) Sewer fees. To levy a fee, charge, or sewer tax if authorized by general law as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal plant and sewerage system; and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials. (ii) Special areas of public regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale, or transportation of intoxicating liquors; and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment, and any other business or situation which the city may deem to be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders; theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortune-telling, palmistry, adult bookstores, and massage parlors. (jj) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements.
GEORGIA LAWS 2018 SESSION
3679
(kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (ll) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law. (mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (nn) Urban redevelopment. To organize and operate an urban redevelopment program. (oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provisions, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of the City of Doerun, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
3680
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.11. City council members; terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election of mayor or members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term, if any, by the mayor pro tempore if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated or other such laws as are or may hereafter be enacted. A vacancy in the office of councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the Official Code of Georgia Annotated or such other laws as are or may hereafter be enacted. (c) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
GEORGIA LAWS 2018 SESSION
3681
SECTION 2.14. Holding other office; voting when financially interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, no councilmember nor the mayor shall hold any other city office or city employment during the term for which that person was elected. (c) No councilmember nor the mayor shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
SECTION 2.17. Organizational meetings.
The city council shall hold an organizational meeting at the first regularly scheduled meeting in January following the regular election, as provided in Section 5.11 of this charter. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly-elected members as follows:
"I __________ do solemnly swear or affirm that I will properly perform the duties of the office of ____________ in and for the City of Doerun, to the best of my knowledge, skill, and ability; that I am not the holder of any unaccounted for public money due to the State of Georgia or any political subdivision or authority thereto; that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state, which I am by the laws of the State of Georgia prohibited from holding; that I am qualified to hold the office which I am about to enter according to the Constitution and laws of Georgia; that I will support the Constitution of the United States
3682
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and the State of Georgia; that I have been a resident of the post from which elected and the City of Doerun for the time required by the Constitution and laws of the State of Georgia and the charter of the City of Doerun, so help me God."
SECTION 2.18. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Chapter 14 of Title 50 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.
SECTION 2.19. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.20. Quorum; voting.
(a) Three councilmembers other than the mayor shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the minutes; but any member of the city council shall have the right to request a roll call vote, and such vote shall be recorded in the minutes. Except as otherwise provided in this charter, the affirmative vote of three
GEORGIA LAWS 2018 SESSION
3683
councilmembers shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only in the event of a tie. (b) Every ordinance, resolution, or motion passed by the city council may be subject to veto by the mayor in the following manner: The mayor, within three days, may write out his or her objection to such ordinance, resolution, or motion; and the objection shall be presented to the city council at the next regularly scheduled meeting. Said objection shall be entered into the minutes, and the city council shall vote on the question as to whether said ordinance, resolution, or motion shall become adopted over said veto. Should as many as four members of the city council at the next regularly scheduled meeting following the mayor's veto vote in the affirmation, said ordinance, resolution, or motion shall stand affirmed and become effective without the approval of the mayor; otherwise the veto will stand.
SECTION 2.21. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Doerun," and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Except for emergency ordinances, all ordinances shall have two separate readings; provided, however, the council may dispense with the second reading with the unanimous consent of the members present. Upon introduction of any ordinance, the city clerk shall, as soon as possible, distribute a copy to the mayor and each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.
SECTION 2.22. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.23. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance
3684
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Chapter 14 of Title 50 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.
SECTION 2.24. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedures and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.21(b) of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.
SECTION 2.25. Signing; authenticating; recording; codification; printing.
(a) The city clerk shall authenticate by his or her signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Doerun, Georgia." Copies of the code shall be furnished to all officers,
GEORGIA LAWS 2018 SESSION
3685
departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.26. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.27. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote in the event of a tie; (6) Fulfill such other executive and administrative duties as the city council shall by ordinance establish not in conflict with the provisions of this charter; and (7) Veto any ordinance, resolution, or motion as provided in Section 2.20(b) of this charter.
3686
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.28. Mayor pro tem; selection; duties.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. In the mayor's absence, the mayor pro tem shall preside at meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability; provided that the mayor pro tem shall vote as a member of the council at all times when serving as herein provided.
SECTION 2.29. City manager; appointment; qualifications; compensation.
The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications.
SECTION 2.30. Duties of the city manager.
The city manager shall be the chief executive and administrative officer of the city. The manager shall be responsible to the city council for the administration of all city affairs placed in the manager's charge by or under this charter. As the chief executive and administrative officer, the manager shall:
(1) Appoint and, when the manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The manager may authorize any administrative officer who is subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Consult with the mayor in the preparation of the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year;
GEORGIA LAWS 2018 SESSION
3687
(7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.
SECTION 2.31. Removal of city manager.
(a) The city manager is employed at-will and may be summarily removed from office at any time by the city council. The city council may remove the manager from office in accordance with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager. (2) Within five days after a copy of the resolution is delivered to the city manager, the city manager may file with the city council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The city manager may file with the city council a written reply not later than five days before the hearing. (3) If the city manager has not requested a public hearing within the time specified in paragraph (2) above, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The city manager may continue to receive a salary until the effective date of a final resolution of removal.
SECTION 2.32. Council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
3688
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions of duties, and establish, abolish, alter, consolidate, or leave vacant all non-elective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of city departments and other appointed officers of the city under the supervision of the city manager shall be appointed by the city manager solely on the basis of their respective administrative and professional qualifications. Except those appointed by the city council, all appointed officers, directors, and department heads shall be employees at will and subject to removal or suspension at any time by the city manager. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency.
SECTION 3.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall, by ordinance, establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law.
GEORGIA LAWS 2018 SESSION
3689
(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of four members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice-chair and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter or ordinances of the city or law as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.
SECTION 3.13. City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council. The city clerk shall be under the supervision of the city manager.
SECTION 3.14. Personnel policies.
All employees of the city serve at-will and may be removed from office at any time unless otherwise provided by ordinance.
3690
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court creation.
There shall be a court to be known as the Municipal Court of the City of Doerun.
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) Compensation of the judges shall be fixed by ordinance. (c) Judges may be removed from office pursuant to Code Section 36-32-2 of the Official Code of Georgia Annotated. (d) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes required in Section 2.19 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000 or imprisonment for 180 days, or other such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before said court, and shall have discretionary
GEORGIA LAWS 2018 SESSION
3691
authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. (f) The City of Doerun shall have full power and authority to provide, by ordinance, for the forfeiture of bonds given by offenders for their appearance before municipal courts and to provide for the collection of the same from the principal and sureties on such bonds by judgment, execution, and sale. (g) The municipal court shall have the same authority as magistrate courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Colquitt County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge of the municipal court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt, in part or in toto, the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
SECTION 4.16. Indigent defense and prosecutor.
The mayor and council shall have the power to provide for a system of defense for indigent persons charged in the municipal court of the City of Doerun with violations of ordinances
3692
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or state laws, and for the prosecution of such cases by a prosecutor, and to provide for and require the expense of same to be prorated over all criminal cases disposed of by the court, and all bond forfeitures in said cases, to be imposed by the municipal court judge and collected in all criminal cases and in bond forfeitures in such cases as costs in addition to fines, penalties, and all other costs.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with the Georgia Election Code (Chapter 2 of Title 21 of the Official Code of Georgia Annotated) as now or hereafter amended.
SECTION 5.11. Regular elections; time for holding.
(a) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (b) For the purpose of electing members of the council, the City of Doerun shall consist of one election district with five numbered posts. Each person seeking election shall designate the post for which he or she seeks election. (c) On Tuesday next following the first Monday in November 2018, successors to city council Post 3, Post 4, and Post 5 whose terms shall expire on December 31, 2018, shall be elected for a term of office expiring on December 31, 2022, or until their respective successors are elected and qualified. (d) On Tuesday next following the first Monday in November 2020, successors to the position of mayor and city council Post 1 and Post 2 whose terms expire on December 31, 2020, shall be elected for a term of office expiring on December 31, 2024, or until their respective successors are elected and qualified. (e) The general municipal election for the election of the mayor and council members shall be conducted on the Tuesday next following the first Monday in November in each even-numbered year. Successors shall be elected to those offices the terms of which will expire on December 31 of such year. All persons elected to such offices shall take office on January 1 immediately following the date of the municipal election and shall have terms of office of four years and until their respective successors are elected and qualified.
GEORGIA LAWS 2018 SESSION
3693
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by majority.
The mayor and councilmembers shall be elected by a majority vote of the votes cast for each position.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs less than 12 months prior to the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated, as now or hereafter amended.
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Chapter 5 of Title 45 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
3694
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide, by ordinance, for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Colquitt County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Colquitt County following a hearing on a complaint seeking such removal brought by any resident of the City of Doerun.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by general law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
GEORGIA LAWS 2018 SESSION
3695
SECTION 6.13. Regulatory fees; permits.
The city council, by ordinance, shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city for regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television, and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years, and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television, and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
3696
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.16. Special assessments.
The city council, by ordinance, shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
The city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fieri facia's, creation and priority of liens, making delinquent taxes and fees the personal debts of the persons required to pay the taxes or fees imposed, revoking city permits for failure to pay city taxes or fees, and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
GEORGIA LAWS 2018 SESSION
3697
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The city may enter into multi-year lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting the reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor upon consultation with the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other
3698
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the first day of the ensuing fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council, by ordinance, may make changes in the appropriations contained in the current operating budget at any regular meeting, special or emergency meeting called for
GEORGIA LAWS 2018 SESSION
3699
such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by either the state or federal government may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.30. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; (3) It is made or authorized by the city council, and such approval is entered in the minutes pursuant to Section 2.21 of this charter.
SECTION 6.31. Centralized purchasing.
The city council, by ordinance, shall prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.32. Sale and lease of city property.
The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
3700
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city and not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory, and the word "may" is permissive.
GEORGIA LAWS 2018 SESSION
3701
(c) The singular shall include the plural, and the masculine shall include the feminine, and vice versa.
SECTION 7.15. Specific repealer.
An Act incorporating the City of Doerun in the County of Colquitt, State of Georgia, approved April 19, 2000 (Ga. L. 2000, p. 4138), is hereby repealed in its entirety, and all amendatory acts thereto are likewise repealed in their entirety.
SECTION 7.16. Effective date.
This charter shall become effective July 1, 2018.
SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide a new charter for the City of Doerun; and for others purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dean Burke, Senator from District 11, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Moultrie Observer, which is the official organ of Colquitt County, on the 1st of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice
3702
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ DEAN BURKE 11th Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 6th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 3, 2018.
__________
TALBOT COUNTY BOARD OF EDUCATION; COMPENSATION.
No. 364 (Senate Bill No. 398).
AN ACT
To amend an Act reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3541), so as to provide for compensation of the members of the Board of Education of Talbot County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2018 SESSION
3703
SECTION 1. An Act reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3541), is amended by deleting subsection (c) of Section 4.
SECTION 2. Said Act is further amended by revising Section 6 as follows:
"Section 6. Each member of the Board of Education of Talbot County shall be compensated in the amount of $200.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board. In addition, each member of the board shall be entitled to reimbursement for actual expenses necessarily incurred in connection with travel outside of Talbot County on official business of the board of education, including, but not limited to, attending training sessions or state-wide meetings; provided, however, that such travel is authorized by a majority vote of the members of the board of education prior to such travel. All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board. Each board member shall be entitled to participate in any school district group insurance plan to the extent authorized in Code Section 20-2-55 of the O.C.G.A."
SECTION 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3541), and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Ed Harbison, Senator from District 15, state on oath as follows:
3704
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Talbotton New Era, which is the official organ of Talbot County, on the 1st of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ ED HARBISON Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 3, 2018.
__________
GEORGIA LAWS 2018 SESSION
3705
DOUGHERTY COUNTY BOARD OF EDUCATION; COMPENSATION.
No. 374 (House Bill No. 836).
AN ACT
To amend an Act creating the Dougherty County School System, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, particularly by an Act approved March 11, 1987 (Ga. L. 1987, p. 3843), so as to change the compensation of members of the board of education; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Dougherty County School System, approved February 5, 1951 (Ga. L. 1951, p. 2233), as amended, particularly by an Act approved March 11, 1987 (Ga. L. 1987, p. 3843), is amended by revising subsection (f) of Section 5A as follows:
"(f) The chairperson shall be compensated in the amount of $1,200.00 per month, the vice chairperson shall be compensated in the amount of $1,100.00 per month, and each other member of the board of education shall be compensated in the amount of $1,000.00 per month. The chairperson, vice chairperson, and each other member of the board of education shall be reimbursed for their actual expenses incurred upon the business of the board according to guidelines established by the board."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act creating the Dougherty County School Board, approved February 5, 1951, (Ga. L. 1951, p. 2233), as amended, particularly by an Act approved March 11, 1987 (Ga. L. 1987, p. 3843); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Winfred Dukes, Representative from District 154, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.
3706
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Albany Herald, which is the official organ of Dougherty County, on the 24th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ REP. WINFRED DUKES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
GEORGIA LAWS 2018 SESSION
3707
CITY OF PEACHTREE CITY PEACHTREE CITY WATER AND SEWERAGE AUTHORITY; MEMBERSHIP; QUORUM; OFFICERS; RIGHTS AND PRIVILEGES OF MEMBERS; APPROVAL OF CERTAIN AGREEMENTS; APPLICABILITY OF CERTAIN LAWS.
No. 375 (House Bill No. 838).
AN ACT
To amend an Act creating the Peachtree City Water and Sewerage Authority, approved March 31, 1987 (Ga. L. 1987, p. 5085), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3828), so as to revise the membership of the authority; to provide for a quorum; to provide for the officers of the authority; to provide for certain rights and privileges of members of the authority; to provide for the approval of certain agreements; to provide for certain exemptions and the applicability of certain laws; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Peachtree City Water and Sewerage Authority, approved March 31, 1987 (Ga. L. 1987, p. 5085), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3828), is amended by revising Section 2 as follows:
"SECTION 2. Water and sewerage authority.
(a) There is created the Peachtree City Water and Sewerage Authority as a public body corporation and by such name, style, and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law or equity, except that the authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents, or employees. (b) Upon the effective date of this Act, the sole members of the authority shall be the members of the city council of the City of Peachtree City, who shall be ex officio members, and all members of the board of the authority in office upon the effective date of this Act are hereby removed. The membership, or any interest in such office, shall not be assignable or otherwise transferable. Membership on the authority shall not confer upon any member any benefits or any rights or interests in or to any of the assets or properties of the authority.
3708
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) Immediately after the effective date of this Act, the members of the authority shall enter upon their duties, and as soon as is practicable thereafter, they shall hold an organizational meeting. The mayor of the City of Peachtree City shall be the chairman, and the members of the authority shall elect one of their number as vice chairman. The members shall also elect a secretary and a treasurer, or a secretary-treasurer, who need not be a member of the authority. An assistant secretary may also be elected at the discretion of the authority. Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the authority. The members of the authority shall not be entitled to any compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority may make rules and regulations and adopt bylaws for its own government. The authority shall have perpetual existence."
SECTION 2. Said Act is further amended by revising paragraph (4) of Section 4 as follows:
"(4) To enter into an agreement with any other political subdivision or municipal corporation of the state with respect to acquiring a source of water supply; providing sewerage service; preparing engineering data, plans, and specifications for a water and sewerage system; extending water mains; apportioning the costs of constructing, extending, and maintaining a water or sewerage system, or both; providing for the testing and inspection of facilities constructed; providing for rates to be charged for water and sewerage services furnished to users of the said system; providing for the reading of meters and keeping of pertinent records; and apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system at the most reasonable cost possible; provided, however, that any such agreement shall be approved by the city council of the City of Peachtree City;".
SECTION 3. Said Act is further amended by revising Section 5 as follows:
"SECTION 5. Financing projects.
The authority or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act shall have power and is authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost, as herein defined, of any one or more projects and to provide by resolution for the issuance of negotiable revenue bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall mature at
GEORGIA LAWS 2018 SESSION
3709
such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority, and may be redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. The interest rate or rates to be borne by any bonds and the time of payment of such interest shall be fixed and, with respect to any interest rate which floats in response to a variable, the method of calculation shall be fixed by the authority in the resolution providing for the issuance of the bonds."
SECTION 4. Said Act is further amended by revising Section 8 as follows:
"SECTION 8. Same Negotiability; exemption from taxation.
All revenue bonds issued under the provisions of this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the laws of the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for an essential public and governmental purpose and said bonds, their transfer, and the income therefrom shall be exempt from all taxation if so allowed by applicable state and federal laws."
SECTION 5. Said Act is further amended by adding a new section to read as follows:
"SECTION 22A. Same Conflicts with Georgia law.
To the extent that Sections 6 through 22 of this Act, pertaining to the issuance of bonds, conflict with the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the 'Revenue Bond Law,' the provisions of the Revenue Bond Law shall control with respect to the issuance of bonds."
SECTION 6. Said Act is further amended by revising Section 26 as follows:
"SECTION 26. Tax-exempt status of authority.
The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia and not for purposes
3710
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of private or corporate benefit and income, and such properties and the authority shall be exempt from all taxes and special assessments of any city, county, or the state or any political subdivision thereof as allowed by Georgia law."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act creating the Peachtree City Water and Sewerage Authority, approved March 31, 1987 (Ga. L. 1987, p. 5085), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3828), so as to revise the membership of the authority; to repeal conflicting laws; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Josh Bonner, Representative from District 72, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Fayette County News, which is the official organ of Fayette County, on the 31st of Janaury in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JOSH BONNER Affiant
GEORGIA LAWS 2018 SESSION
3711
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018
__________
CLAYTON COUNTY CLAYTON COUNTY WATER AUTHORITY; COMPENSATION.
No. 376 (House Bill No. 839).
AN ACT
To amend an Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3827), so as to change the compensation of members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3827), is amended by revising subsection (b) of Section 4 as follows:
"(b) All members shall be compensated in the amount of $525.00 per month, which shall be payable out of the earnings of the authority."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
3712
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act creating the Clayton County Water Authority, approved March 7, 1955 (Ga. L. 1955, p. 3344), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mike Glanton, Representative from District 75, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Clayton Daily News, which is the official organ of Clayton County, on the 31st of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ MIKE GLANTON Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
GEORGIA LAWS 2018 SESSION
Approved May 3, 2018.
__________
3713
CITY OF YOUNG HARRIS NEW CHARTER.
No. 379 (House Bill No. 845).
AN ACT
To provide a new charter for the City of Young Harris; to provide for incorporation, boundaries, and property of the city; to provide for powers, construction of powers, examples of powers, and the exercise of powers; to provide for a governing authority of such city and the number, election, terms, and qualifications of its members; to provide for vacancies and the filling of same; to provide for compensation and expenses; to provide for conflicts of interest and holding other offices; to provide for inquiries and investigations; to provide for general powers and authority; to provide for eminent domain; to provide for a mayor and election of same, forfeiture and compensation, powers and duties of the mayor, and other matters relative thereto; to provide for oaths and organizational meetings; to provide for regular and special meetings; to provide for rules of procedure, determination of a quorum, and voting; to provide for ordinances, resolutions, and procedures; to provide for emergencies; to provide for codes of technical regulations; to provide for signing, authenticating, recording, codification, and printing; to provide for administrative affairs and responsibilities; to provide for administrative and service departments; to provide for boards, commissions, and authorities; to provide for a city manager, city attorney, city clerk, city tax collector, city accountant, and the consolidation of such functions; to provide for position classification and pay plans; to provide for personnel policies; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for rules of the municipal court; to provide for election of the city council and mayor; to provide for nonpartisan elections and election by plurality; to provide for special elections, vacancies, and removal from office; to provide for finances; to provide for a property tax, millage rate, due dates, and payment methods; to provide for occupation and business taxes and related regulatory fees and permits; to provide for franchises, service charges, and special assessments; to provide for construction and other taxes and fees and collection of delinquent taxes and fees; to provide for bonded and other indebtedness; to provide for short-term loans; to provide for lease-purchase contracts; to provide for a fiscal year; to provide for budgeting and appropriations; to provide for tax levies; to provide for audits; to provide for contracting procedures; to provide for centralized purchasing; to provide for the conveyance and acquisition of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, existing officers and rules, and pending matters; to provide for definitions and construction; to provide for other matters
3714
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
relative to the foregoing; to provide for severability; to provide a specific repealer; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.01. Incorporation.
The City of Young Harris, Georgia, in the County of Towns, and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Young Harris, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded in all the courts of law and equity and in all actions whatsoever, and may have and use a common seal and change it at pleasure. This Act shall constitute the whole charter of the City of Young Harris, repealing and replacing the charter provided by an Act of the General Assembly, approved March 24, 1978 (Ga. L. 1978, p. 4470), as amended. References in this charter to "the city" refer to the City of Young Harris.
SECTION 1.02. Corporate boundaries.
(a) The boundaries of the city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of the city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map of the Corporate Limits of the City of Young Harris, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.03. Powers and construction.
(a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically
GEORGIA LAWS 2018 SESSION
3715
enumerated in this charter. The city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city.
SECTION 1.04. Examples of powers.
Without limiting the generality of Section 1.03 of this charter, the city may exercise any or all of the following powers:
(1) Animal regulations. To regulate and license or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., Title 32 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;
3716
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations consistent with general law relating to fire prevention and detection and firefighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; and to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all of the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
GEORGIA LAWS 2018 SESSION
3717
(18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of the same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police or fire-fighting agency; (25) Public hazards removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, sewers, drains, sewerage treatment, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detention, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A, Title 32 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting offenses against the laws of the State of Georgia, nevertheless are deemed by the city council to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial;
3718
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(29) Public utilities and services. To grant franchises or to make contracts for or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as these are not in conflict with valid regulations of the Public Service Commission; (30) Regulation and roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads, or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises in rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers and the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; to restrict adult bookstores and entertainment to certain areas; to regulate and license vehicles operated for hire in the city; to limit the number of vehicles operated for hire; to require the operators of vehicles operated for hire to be licensed; to require public liability insurance on vehicles operated
GEORGIA LAWS 2018 SESSION
3719
for hire in the amounts to be prescribed by ordinance; and to regulate the parking of vehicles operated for hire; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements; (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers, now or in the future, authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.05. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the city council and as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.01. City council creation; number; election.
The legislative authority of the government of the City of Young Harris, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The mayor and councilmembers shall be elected in the manner provided by Article V of this charter.
3720
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.02. Terms and qualifications for office.
The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. The terms of office shall be staggered such that three members of the city council are elected every two years. The mayor shall serve for a term of four years and until his or her respective successor is elected and qualified. The mayor and those members of the city council in office on the effective date of this charter shall serve out the terms to which they were elected and until their respective successors are elected and qualified. Successors to the mayor and members of the city council who were elected in 2015 shall be elected in the 2019 general election, and successors to the members of the city council elected in 2017 shall be elected in the 2021 general election. Thereafter, a successor shall be elected at the municipal general election immediately preceding the end of each person's term of office. No person shall be eligible to serve as mayor or councilmember unless such person:
(1) Has been a resident of the City of Young Harris for a period of at least one year immediately prior to the date of the election for mayor or councilmember; (2) Continues to reside therein during his or her period of service; (3) Is registered and qualified to vote in municipal elections in the City of Young Harris; and (4) Meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution.
SECTION 2.03. Vacancy; filling of vacancies.
(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.
SECTION 2.04. Compensation and expenses.
(a) Until changed as provided in subsection (b) of this section, the mayor and councilmembers shall continue to receive the same compensation to which they were entitled immediately prior to the effective date of this charter.
GEORGIA LAWS 2018 SESSION
3721
(b) The compensation of the mayor and councilmembers may be changed by ordinance; but any increase shall be subject to Code Section 36-35-4 of the O.C.G.A. or any similar law hereafter enacted.
SECTION 2.05. Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by general state law, the mayor or any councilmember shall not hold any other city office during the term for which he or she was elected. (c) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair his or her performance of his or her official duties.
SECTION 2.06. Inquiries and investigations.
The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.07. General power and authority of the city council.
(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, consistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Young Harris and may enforce such ordinances by imposing penalties for violation thereof.
3722
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.08. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.09. Chief executive officer.
The mayor shall be the chief executive officer of the city. The mayor shall possess, have, and exercise all of the executive and administrative powers granted to the mayor under the Constitution, the laws of the State of Georgia, and this charter.
SECTION 2.10. Duties of mayor.
As the chief executive officer of the city, the mayor shall: (1) Preside at all meetings of the city council; (2) Be the official head of the city for the service of process and for ceremonial purposes; (3) Have power to administer oaths and to take affidavits; (4) Sign all written contracts entered into by the city council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing; (5) See that all laws and ordinances of the city are faithfully executed; (6) Have the power to appoint and remove all officers, department heads, and employees of the city, except as otherwise provided in this charter; (7) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (8) Submit to the city council at least once a year a statement covering the financial condition of the city and from time to time such other information as the city council may request; (9) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient;
GEORGIA LAWS 2018 SESSION
3723
(10) Call special meetings of the city council as provided for in Section 2.13 of this charter; (11) Examine and audit all accounts of the city before payment; (12) Require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he or she deems it expedient; (13) Have the power to veto any action taken by the city council unless such action was approved by a two-thirds' vote of the city council; provided, however, that this veto power shall not apply to the introduction and adoption of ordinances; and (14) Perform other duties as may be required by law, this charter, or ordinance.
SECTION 2.11. Mayor pro tem.
During the absence or disability of the mayor for any cause, the mayor pro tem, or in his or her absence or disability for any reason any councilmember chosen by the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue.
SECTION 2.12. Organizational meetings.
(a) The mayor and city council shall conduct an organizational meeting on the first Tuesday after the first Monday in January or the first business day following the first Tuesday if that day is a holiday. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly elected mayor and councilmembers as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold such office according to the Constitution and laws of Georgia. I have been a resident of the City of Young Harris for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Young Harris to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the swearing in of new members, the mayor and city council by a majority vote shall elect one of the councilmembers to serve as mayor pro tem for a term of one year and until his or her successor is elected and qualified.
3724
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.13. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION 2.14. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.15. Quorum; voting.
(a) Four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any member of the city council shall have the right to request a roll-call vote. Except as otherwise provided in this charter, the affirmative vote of a majority of the votes cast shall be required for the adoption of any ordinance, resolution, or motion. In the event that any vote of the city council results
GEORGIA LAWS 2018 SESSION
3725
in a three-three or two-two tie, then the mayor, as presiding officer, shall be entitled to cast the tie-breaking vote. (b) No member of the city council shall abstain from voting on any matter properly brought before the city council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.
SECTION 2.16. Ordinance form; resolutions; procedures.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The City Council of the City of Young Harris hereby ordains ..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which the city council shall establish; provided, however, that an ordinance shall not be adopted on the same day it is introduced, except for emergency ordinances as provided in Section 2.18. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.
SECTION 2.17. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.18. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause,
3726
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 60 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION 2.19. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.16 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.20 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.
SECTION 2.20. Signing; authenticating; recording; codification; printing.
(a) The city clerk shall authenticate by the city clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Young Harris, Georgia." Copies of the code shall be furnished to all
GEORGIA LAWS 2018 SESSION
3727
officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.01. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of the city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at-will and shall serve at the pleasure of the appointing authority.
SECTION 3.02. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems
3728
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk the oath as follows:
"I do solemnly swear that I will well and truly perform the duties of (name office) of the City of Young Harris and that I will support and defend the charter thereof." (g) All members of boards, commissions, and authorities serve at will and may be removed at any time by a vote of four members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice chair and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
SECTION 3.03. City manager.
The city council may appoint a city manager. The duties and authority of the city manager shall be prescribed by ordinance of the city council and, in so doing, the city council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor.
SECTION 3.04. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the
GEORGIA LAWS 2018 SESSION
3729
representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney is not a public official of the city and shall not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney.
SECTION 3.05. City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records, shall maintain city council records required by this charter, and shall perform such other duties as may be required by the city council.
SECTION 3.06. City tax collector. The city council may appoint a city tax collector to collect all taxes, licenses, fees, and other moneys belonging to the city, subject to the provisions of this charter and the ordinances of the city. The city tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
SECTION 3.07. City accountant.
The city council may appoint a city accountant to perform the duties of an accountant.
SECTION 3.08. Consolidation of functions.
The city council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions.
SECTION 3.09. Position classification and pay plans.
The city council may direct the mayor to prepare a position classification and pay plan to be submitted to the city council for approval. Such plan may apply to all employees of the city
3730
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
SECTION 3.10. Personnel policies.
The city council may adopt rules and regulations consistent with this charter concerning: (1) The method of employees' selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion, and application of service ratings thereto, and transfer of employees within the classification plan; (3) Vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs of the city.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.01. Creation of Municipal Court of Young Harris.
There shall be a court to be known as the Municipal Court of the City of Young Harris.
SECTION 4.02. Judges.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall possess all qualifications required by Code Section 36-32-1.1 of the O.C.G.A. and all other applicable laws. All judges shall be appointed by the city council and shall serve for a minimum term of one year and until a successor is appointed or until the judge is removed from office as provided in Code Section 36-32-2.1 of the O.C.G.A. Such term shall be memorialized in a written agreement between such judge and the city council or in an ordinance. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance.
GEORGIA LAWS 2018 SESSION
3731
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.14(a) of this charter.
SECTION 4.03. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.04. Jurisdiction; powers.
(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
3732
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.05. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Towns County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.06. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in whole the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.01. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended.
SECTION 5.02. Election of the city council and mayor.
(a) There shall be a municipal general election biennially on the Tuesday next following the first Monday in November in odd-numbered years.
GEORGIA LAWS 2018 SESSION
3733
(b) There shall be elected the mayor and three councilmembers at the municipal general election held in 2019 and quadrennially thereafter. The remaining city council seats shall be filled at the municipal general election held in 2021 and quadrennially thereafter, so that a continuing body is created. Terms shall be for four years and until a successor is elected and qualified. (c) The mayor and councilmembers in office on the effective date of this charter shall remain in office until their successors are elected and take office as provided in this charter.
SECTION 5.03. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.04. Election by plurality.
The person receiving a plurality of the votes cast for any city office shall be elected.
SECTION 5.05. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.03 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 24 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended.
SECTION 5.06. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code, Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended.
3734
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.07. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) By action of a two-thirds' vote of the entire membership of the city council; provided, however, that if the officer sought to be removed is a member of the council, he or she shall not vote. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearing shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Towns County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Towns County following a hearing on a complaint seeking such removal brought by any resident of the City of Young Harris.
ARTICLE VI FINANCE
SECTION 6.01. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.02. Millage rate; due dates; payment methods.
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by two installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
GEORGIA LAWS 2018 SESSION
3735
SECTION 6.03. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.09 of this charter.
SECTION 6.04. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.09 of this charter.
SECTION 6.05. Franchises.
(a) The city council shall have the power to grant franchises for the use of the city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of the city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
3736
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.06. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.09 of this charter.
SECTION 6.07. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners. If unpaid, such charges shall be collected as provided in Section 6.09 of this charter.
SECTION 6.08. Construction; other taxes and fees.
The city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.09. Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.01 through 6.08 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city permits for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
SECTION 6.10. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time such issue is undertaken.
GEORGIA LAWS 2018 SESSION
3737
SECTION 6.11. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.12. Short-term loans.
The city may obtain short-term loans and shall repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.13. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year or fiscal year in which it was executed and at the close of each succeeding calendar year or fiscal year, as applicable, for which it may be renewed. Contracts shall be executed in accordance with the requirements of Section 36-60-13 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION 6.14. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government unless otherwise provided by state or federal law.
SECTION 6.15. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
3738
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.16. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city.
SECTION 6.17. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.18. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.19. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It is made or authorized by the city council and such approval is entered in the city council minutes of proceedings pursuant to Section 2.14 of this charter.
SECTION 6.20. Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
GEORGIA LAWS 2018 SESSION
3739
SECTION 6.21. Sale and lease of city property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey such cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of such street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase such property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.01. Bonds for officials.
The officers and employees of the city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.02. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
3740
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.03. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 120 days, before or during which the existing city council may pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.04. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.05. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.06. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
GEORGIA LAWS 2018 SESSION
SECTION 7.07. Specific repealer.
3741
An Act granting a new charter to the City of Young Harris, approved March 24, 1978 (Ga. L. 1978, p. 4470), and all amendatory Acts thereto are hereby repealed in their entireties.
SECTION 7.08. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7.09. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that I shall introduce a bill in the 2018 session of the General Assembly. Said bill shall be to replace the current charter of the City of Young Harris with a new charter for the City of Young Harris, Towns County, Georgia; describe the corporate limits; provide for municipal government; provide for municipal officials; their election or appointment, term of office, salary and duties; empower said municipality to levy and collect taxes and other revenue and expend same; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Matt Gurtler, Representative from District 8th, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Town County Herald, which is the official organ of Towns County, on the 31st of January in the year 2018; and
3742
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ MATT GURTLER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
CITY OF VILLA RICA REDEVELOPMENT POWERS; REFERENDUM.
No. 380 (House Bill No. 846).
AN ACT
To authorize the City of Villa Rica to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2018 SESSION
3743
SECTION 1. The City of Villa Rica shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Villa Rica to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Villa Rica to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION 2. The municipal election superintendent of the City of Villa Rica shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Villa Rica for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2018, general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organs of Carroll County and Douglas County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Villa Rica to utilize tax allocation districts and redevelopment powers under the 'Redevelopment
( ) NO Powers Law,' as it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Villa Rica. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
3744
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the City of Villa Rica to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, J. Collins, Representative from District 68, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Times-Georgian, which is the official organ of Carroll County, on the 24th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ J. COLLINS Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia
GEORGIA LAWS 2018 SESSION
3745
My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the City of Villa Rica to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, J. Collins, Representative from District 68, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Douglas County Sentinel, which is the official organ of Douglas County, on the 24th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ J. COLLINS Affiant
3746
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
CITY OF JONESBORO HOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM.
No. 384 (House Bill No. 863).
AN ACT
To conditionally repeal an Act providing for homestead exemptions from ad valorem taxes for city purposes for residents of the City of Jonesboro, approved May 14, 2002 (Ga. L. 2002, p. 5845), and to enact a new provision; to restate the amount of the homestead exemption for the assessed value of the homestead for residents of that city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for compliance with constitutional requirements; to provide for a referendum, effective dates, specific conditional repeal, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Jonesboro except for taxes to pay interest on and to retire bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.
GEORGIA LAWS 2018 SESSION
3747
(b) Each resident of the City of Jonesboro is granted an exemption on the assessed value of that person's homestead from all City of Jonesboro ad valorem taxes for municipal purposes in the following amounts:
(1) For tax year 2019, $50,000.00; (2) For tax year 2020, $40,000.00; (3) For tax year 2021, $30,000.00; (4) For tax year 2022, $20,000.00; and (5) For tax year 2023 and all subsequent years, $10,000.00. The value of the property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Jonesboro, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Jonesboro, or the designee thereof, to make a determination as to whether such owner is entitled to such exemption. (d) The governing authority of the City of Jonesboro, or the designee thereof, shall provide affidavit and application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (e) The exemption granted by subsection (b) of this section shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption granted by subsection (b) of this section shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption granted by subsection (b) of this section shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Jonesboro, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to ad valorem taxes for municipal purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2019. (h) In every year in which the homestead exemption is less than any preceding year, the City of Jonesboro shall cause an advertisement to be placed in its legal organ at least three months prior to the issuance of tax bills stating that the homestead exemption for the then relevant tax year shall be $10,000.00 less than the preceding tax year.
3748
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. In accordance with the requirements of Article VII, Section II, Paragraph (II)(a)(1) of the Constitution of the State of Georgia, this Act shall not become law unless it receives the requisite two-thirds' majority vote in both the Senate and the House of Representatives.
SECTION 3. The municipal election superintendent of the City of Jonesboro shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Jonesboro for approval or rejection. The municipal election superintendent shall conduct that election in conjunction with the November, 2018, general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clayton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which lowers the homestead exemption from all ( ) NO City of Jonesboro ad valorem taxes for municipal purposes over a period of
five years to the amount of $10,000.00 of the assessed value of the homestead for residents of that city?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2019. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Jonesboro. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 4. If this Act is approved pursuant to the referendum held pursuant to Section 3 of this Act, then an Act providing for homestead exemptions from ad valorem taxes for city purposes for residents of the City of Jonesboro, approved May 14, 2002 (Ga. L. 2002, p. 5845), shall stand repealed effective December 31, 2018.
SECTION 5. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 2018 SESSION
3749
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to conditionally repeal an Act providing for homestead exemptions from ad valorem taxes for city purposes for residents of the City of Jonesboro, approved May 14, 2002 (Ga. L. 2002, p. 5845), and to enact a new provision; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mike Glanton, Representative from District 75, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Clayton News Daily, which is the official organ of Clayton County, on the 17th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ MIKE GLANTON Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of January, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia
3750
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
CITY OF JONESBORO CORPORATE LIMITS.
No. 385 (House Bill No. 864).
AN ACT
To amend an Act to provide a new charter for the City of Jonesboro, approved April 4, 1996 (Ga. L. 1996, p. 4056), as amended, so as to change the corporate limits of such municipality; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to provide a new charter for the City of Jonesboro, approved April 4, 1996 (Ga. L. 1996, p. 4056), as amended, is amended by adding a new subsection (c) to Section 1.11 to read as follows:
"(c) In addition to the area now included in the corporate limits of the City of Jonesboro, the following area shall be included in the corporate limits of such municipality:
All those tracts or parcels of land lying and being in Clayton County, Georgia, as described in the deeds recorded in the real property records of the Clerk of the Superior Court of Clayton County as follows:
DEED BOOK NUMBER / PAGE NUMBER: 2825/163 10649/100 10649/101 10649/102 10649/103 10649/104 10649/105 11132/486 11132/487 11132/488 11132/489 11132/490
8900/561 10358/595 9470/34 10643/175 11159/338 1374/590 9215/556 10788/415 11123/574 9984/285 9516/76 8368/600 10734/697 9971/5 9559/89 10903/11 4320/194 10146/1 8713/532 8907/214 10834/193 9606/523 10160/489 2350/204 1591/241 10259/380 2058/280 9870/164 2077/104 7127/294 11079/139 8713/532 10912/563 10912/571."
GEORGIA LAWS 2018 SESSION
3751
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
3752
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Jonesboro, approved April 4, 1996 (Ga. L. 1996, p. 4056), as amended; for annexation; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mike Glanton, Representative from District 75, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Clayton News Daily, which is the official organ of Clayton County, on the 17th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ MIKE GLANTON Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of January, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia
GEORGIA LAWS 2018 SESSION
3753
My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
LAMAR COUNTY BOARD OF EDUCATION; COMPENSATION.
No. 390 (House Bill No. 900).
AN ACT
To amend an Act providing for the election of members of the Board of Education of Lamar County, approved March 31, 1971 (Ga. L.1971, p. 2710), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4000), so as to revise the rate and form of compensation of the members and chairperson of the Board of Education of Lamar County; to provide for a reduction in compensation for meetings or work sessions not attended; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the election of members of the Board of Education of Lamar County, approved March 31, 1971 (Ga. L.1971, p. 2710), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 4000), is amended by revising subsection (d) of Section 1 as follows:
"(d)(1) Each member of the Board of Education of Lamar County shall be compensated at a rate of $550.00 per month and the chairperson shall be compensated an additional $150.00 per month; provided, however, that if a member does not attend a called meeting or work session, his or her total compensation for the month shall be reduced by a percentage equal to the number of meetings or work sessions called that he or she did not attend in such month divided by the total number of meetings or work sessions called in such month.
(2)(A) In addition, each member of the board shall be entitled to reimbursement for actual expenses necessarily incurred in connection with travel outside Lamar County on official business of the board of education, including, but not limited to, attending training sessions or state-wide meetings at the rate authorized for state employees; provided, however, that such travel is authorized by a majority vote of the members of the board of education prior thereto and limited to those sums specified by board of education policy.
3754
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(B) All expenses shall be approved and verified prior to reimbursement in such manner as may be specified by the board. (3) Each board member shall be entitled to participate in any school district group insurance plan to the extent provided by law."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing for the election of members of the Board of Education of Lamar County, approved March 31, 1971 (Ga. L. 1971, p. 2710), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Johnnie Caldwell, Representative from District 131, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Herald Gazette, which is the official organ of Lamar County, on the 6th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JOHNNIE L. CALDWELL Affiant
GEORGIA LAWS 2018 SESSION
3755
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of February in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
CITY OF ADRIAN MAYOR AND COUNCIL; TERMS OF OFFICE.
No. 391 (House Bill No. 901).
AN ACT
To amend an Act to create and incorporate the City of Adrian in the Counties of Emanuel and Johnson, approved March 28, 1984 (Ga. L. 1984, p. 4745), so as to revise the terms of office of the mayor and members of the city council; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to create and incorporate the City of Adrian in the Counties of Emanuel and Johnson, approved March 28, 1984 (Ga. L. 1984, p. 4745), is amended by revising Section 2.11 as follows:
"Section 2.11. Terms and qualifications of office. For terms of office beginning after January 1, 2019, the members of the council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city for a period of one year immediately prior to the date of the election of mayor or members of the council, shall continue to reside therein during his or her period of service, shall be registered and qualified to vote in municipal elections of the City of Adrian, and shall have attained the age of 21 years at the beginning of the term."
3756
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. Said Act is further amended by revising Section 2.25 as follows:
"Section 2.25. Organization meeting. (a) The council shall meet for organization on the date and at the time of the first regular meeting in January following the city elections. Prior to entering upon office, the oath of office shall be administered to the newly elected members by the mayor, mayor pro tempore, or anyone authorized to administer oaths as follows:
'I do solemnly swear that I will well and truly perform the duties of mayor (or member of council as the case may be) of the City of Adrian, and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America.' (b) The council shall have the right to elect one of its members to serve as mayor pro tempore for a four-year term of office."
SECTION 3. Said Act is further amended by revising Section 2.28 as follows:
"Section 2.28. Term, qualifications. The mayor shall be elected for a term of four years and until his or her successor is elected and qualified. He or she shall be a qualified elector of the City of Adrian, shall have attained the age of 21 years before the beginning of his or her term, and shall have been a resident of the City of Adrian for a period of one year immediately preceding his or her election. He or she shall continue to reside in the City of Adrian during the period of his or her service."
SECTION 4. Said Act is further amended by revising Section 5.10 as follows:
"Section 5.10. Election of mayor and council. (a) For purposes of electing members of the council under this charter, there shall be five council posts designated as Post 1, Post 2, Post 3, Post 4, and Post 5. Any person offering for membership on the council shall designate at the time of qualifying for election that post for which such person is offering. Notwithstanding these post delegations, each member of the council, as well as the mayor, shall be elected by the qualified voters voting in the entire city.
(b)(1) Successors to the incumbent mayor shall be elected at the general municipal election immediately preceding the expiration of the incumbent's term of office in 2019. (2) Successors to incumbent members of the council from Posts 2 and 3 shall be elected at the general municipal election immediately preceding the expiration of the incumbent's term of office in 2019.
GEORGIA LAWS 2018 SESSION
3757
(3) Successors to incumbent members of the council from Posts 1, 4, and 5 shall be elected at the general municipal election immediately preceding the expiration of the incumbent's term of office in 2020. (c) Successors to the incumbent mayor and incumbent members of the council shall take office on the first regular meeting of January following their election and shall serve for a term of four years and until the election and qualification of their respective successors. (d) The mayor and each member of the council shall be elected by majority vote."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act creating and incorporating the City of Adrian in the Counties of Emanuel and Johnson, approved March 28, 1984 (Ga. L. 1984, Page 4745); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Matt Hatchett, Representative from District 150, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Forest-Blade, which is the official organ of Emanuel County, on the 31st of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
3758
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ J. MATT HATCHETT Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act creating and incorporating the City of Adrian in the Counties of Emanuel and Johnson, approved March 28, 1984 (Ga. L. 1984, Page 4745); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Matt Hatchett, Representative from District 150, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Johnson Journal, which is the official organ of Johnson County, on the 30th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or
GEORGIA LAWS 2018 SESSION
3759
(ii) During the seven days immediately following the date of publication of such Notice.
s/ J. MATT HATCHETT Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
CITY OF CAVE SPRING HOTEL/MOTEL TAX.
No. 393 (House Bill No. 921).
AN ACT
To authorize the governing authority of the City of Cave Spring to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Cave Spring is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.
3760
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution No. R 2018-1 by the governing authority of the City of Cave Spring on January 30, 2018, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.
SECTION 3. In accordance with the terms of such resolution adopted by the City Council of the City of Cave Spring:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Cave Spring; provided, however, that the City of Cave Spring may exercise its option under paragraph (2) of subsection (e) of Code Section 48-13-51 of the O.C.G.A. to contract with an entity qualified under such provision; and (2) The remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent which is not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of The General Assembly of Georgia a bill to authorize the governing authority of the City of Cave Spring to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Eddie Lumsden, Representative from District 12, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.
GEORGIA LAWS 2018 SESSION
3761
(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Rome News-Tribune, which is the official organ of Floyd County, on the 8th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ EDDIE LUMSDEN Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 13th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
3762
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF DILLARD CITY COUNCIL; NUMBER OF MEMBERS.
No. 395 (House Bill No. 933).
AN ACT
To amend an Act to reincorporate the City of Dillard in the County of Rabun, approved March 21, 1974 (Ga. L. 1974, p. 2451), as amended, so as to eliminate one council post in the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to reincorporate the City of Dillard in the County of Rabun, approved March 21, 1974 (Ga. L. 1974, p. 2451), as amended, is amended by revising Section 2.01 as follows:
"SECTION 2.01. Establishment of City Government.
Be it further enacted, that the corporate governmental powers of the City of Dillard shall be vested in a mayor and five councilmembers to be known as the 'Mayor and Council of the City of Dillard.' The mayor and council shall be elected at large by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution, and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Dillard. The previously existing Post 1 is hereby eliminated."
SECTION 2. Said Act is further amended by revising Section 2.03 as follows:
"SECTION 2.03. Election of mayor and councilmembers.
Be it further enacted, that the mayor and councilmembers in office on the effective date of this amended charter shall continue to serve out the remainder of the terms to which they were elected and until their respective successors are duly elected and qualified."
SECTION 3. Said Act is further amended by revising Section 2.04 as follows:
GEORGIA LAWS 2018 SESSION
"SECTION 2.04. Terms of office.
3763
Be it further enacted, that the terms of office for the mayor and councilmembers shall be for four years and until their respective successors are elected and qualified. Newly elected city officers shall be sworn in at the first regular council meeting in January next succeeding their election."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that there will be introduced at the regular 2018 Session of the General Assembly of the State of Georgia a bill to eliminate one of the council posts in the City of Dillard, Georgia.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Matt Gurtler, Representative from District 8, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Clayton Tribune, which is the official organ of Rabun County, on the 25th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
3764
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ MATTHEW GURTLER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of February in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
THOMAS COUNTY CHIEF MAGISTRATE; NONPARTISAN ELECTIONS.
No. 396 (House Bill No. 934).
AN ACT
To provide that future elections for the office of chief judge of the Magistrate Court of Thomas County shall be nonpartisan elections; to provide for the sitting chief judge of the magistrate court to serve out his or her term of office; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. All elections for the office of chief judge of the Magistrate Court of Thomas County conducted after the effective date of this Act shall be nonpartisan elections as provided for in Code Section 21-2-139 of the O.C.G.A. and shall be conducted at the nonpartisan general election immediately preceding the expiration of each respective term of office. Such nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. Nothing in this Act shall affect the term of office of the chief judge of the Magistrate Court of Thomas County in office on the effective date of this Act. The sitting chief judge of the
GEORGIA LAWS 2018 SESSION
3765
magistrate court shall serve out the term of office for which such chief judge was elected and shall be eligible to succeed himself or herself as provided in this Act.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide that future elections for the office of chief judge of the Magistrate Court of Thomas County shall be nonpartisan elections; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Darlene Taylor, Representative from District 173, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Thomasville Times-Enterprise, which is the official organ of Thomas County, on the 9th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ DARLENE TAYLOR Affiant
3766
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 13th of February in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
HOUSTON COUNTY BOARD OF EDUCATION; COMPENSATION.
No. 397 (House Bill No. 946).
AN ACT
To amend an Act relating to the Board of Education of Houston County, approved March 31, 1994 (Ga. L. 1994, p. 4435), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4640), so as to modify the compensation of the members of the Board of Education of Houston County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act relating to the Board of Education of Houston County, approved March 31, 1994 (Ga. L. 1994, p. 4435), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4640), is amended by revising Section 6 as follows:
"SECTION 6. The members of the Board of Education of Houston County shall be compensated in the amount of $600.00 per month and, in addition, when meetings other than the regular school board meetings are held, each board member shall be compensated in the amount of $100.00 for either a meeting or tribunal attended by any such member; provided, however, that a member shall not be entitled to such $100.00 for special meetings more than four times in any given month. The compensation of the members of the board of education shall be paid only from the tax funds available to such board for educational purposes."
GEORGIA LAWS 2018 SESSION
3767
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act relating to the Board of Education of Houston County, approved March 31, 1994 (Ga. L. 1994, p. 4435), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Heath Clark, Representative from District 147, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Houston Home Journal, which is the official organ of Houston County, on the 7th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ HEATH CLARK Affiant
3768
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of February in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 3, 2018.
__________
CITY OF TRENTON CITY CLERK; APPOINTMENT.
No. 398 (Senate Bill No. 270).
AN ACT
To amend an Act reincorporating and providing a new charter for the City of Trenton in Dade County, approved March 26, 1987 (Ga. L. 1987, p. 4725), as amended, so as to change the position of city clerk from elective to appointive; to provide for the current city clerk to serve out the remainder of his or her term; to provide for the appointment of city clerks; to provide for the election of certain city officers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act reincorporating and providing a new charter for the City of Trenton in Dade County, approved March 26, 1987 (Ga. L. 1987, p. 4725), as amended, is amended in Section 3.10 by adding a new subsection to read as follows:
"(e) The city clerk serving in office as of January 1, 2017, shall serve the remainder of such elective term through and including the day before the first Monday in January, 2018, and no election shall be conducted for the position of city clerk in 2017. Beginning on the first Monday in January, 2018, there shall be an appointed city clerk who shall carry out the duties of a city clerk as set forth in this charter and other applicable law. The city clerk shall be appointed by the mayor, subject to confirmation by the city council, and shall serve at the pleasure of the governing authority of the city."
GEORGIA LAWS 2018 SESSION
3769
SECTION 2. Said Act is further amended by revising Section 5.11 as follows:
"Section 5.11. Regular elections; time for holding. On the first Tuesday in December, 1987, there shall be elected a mayor, police commissioner, street commissioner, parks and recreation commissioner, and fire and utilities commissioner. The mayor, street commissioner, and fire and utilities commissioner shall each be elected for a four-year term, and the police commissioner and parks and recreation commissioner shall each be elected for a two-year term. On the first Tuesday in December, 1989, the police commissioner and parks and recreation commissioner shall each be elected for a four-year term. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.18 of this charter."
SECTION 3. The initial appointment of a city clerk of the City of Trenton as authorized in Section 1 of this Act may occur at any time after the effective date of this Act, provided that such city clerk shall assume the duties of city clerk no earlier than the first Monday in January, 2018.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new charter for the City of Trenton in Dade County, approved March 26, 1987 (Ga. L. 1987, p. 4725), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jeff Mullis, Senator from District 53, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Dade County Sentinel, which is the official organ of Dade County, on the 1st of March in the year 2017; and
3770
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JEFF MULLIS Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March in the year 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 3, 2018.
__________
ROCKDALE COUNTY BOARD OF ELECTIONS AND REGISTRATION; MEETINGS; COMPENSATION.
No. 402 (Senate Bill No. 410).
AN ACT
To amend an Act creating the Board of Elections and Registration of Rockdale County, approved March 29, 1995 (Ga. L. 1995, p. 3929), as amended, particularly by an Act approved April 13, 2012 (Ga. L. 2012, p. 5484), so as to change provisions relating to the meetings of the board; to change compensation for members of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2018 SESSION
3771
SECTION 1. An Act creating the Board of Elections and Registration of Rockdale County, approved March 29, 1995 (Ga. L. 1995, p. 3929), as amended, particularly by an Act approved April 13, 2012 (Ga. L. 2012, p. 5484), is amended by revising subsection (a) of Section 15 to read as follows:
"(a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular meetings and shall meet not fewer than three times per year at a place in Rockdale County as designated by the board. Any specially called meeting held pursuant to the bylaws adopted by the board shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information."
SECTION 2. Said Act is further amended by revising Section 20 to read as follows:
"Section 20. Compensation for the members of the board shall be $100.00 per month."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Elections and Registration of Rockdale County, approved March 29, 1995 (Ga. L. 1995, p. 3929) and amended April 13, 2012 (Ga. L. 2012, p. ); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Tonya Anderson, Senator from District 43, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
3772
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Rockdale Citizen, which is the official organ of Rockdale County, on the 31st of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ TONYA ANDERSON Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 3, 2018.
__________
CITY OF HAPEVILLE HOTEL/MOTEL TAX.
No. 403 (Senate Bill No. 412).
AN ACT
To authorize the governing authority of the City of Hapeville to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 2018 SESSION
3773
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Hapeville is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.
SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution by the governing authority of the City of Hapeville on January 23, 2018, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.
SECTION 3. In accordance with the terms of such resolution adopted by the governing authority of the City of Hapeville:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, trade shows by the destination marketing organization designated by the City of Hapeville, and for certain theatrical facilities; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.
SECTION 4. This Act supersedes any prior ordinances adopted by the governing authority of the City of Hapeville pursuant to paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
3774
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Hapeville to levy an excise tax pursuant to subsection (b) of the Code Section 48-13-51 of the Official Code of Georgia Annotated; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Nan Orrock, Senator from District 36, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 2nd of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ NAN ORROCK Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia
GEORGIA LAWS 2018 SESSION
3775
My Commission Expires December 29, 2018 (SEAL)
Approved May 3, 2018.
__________
CITY OF SOPERTON CORPORATE LIMITS; COUNCIL DISTRICTS.
No. 406 (Senate Bill No. 440).
AN ACT
To amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4206), so as to annex certain tracts or parcels of land into the City of Soperton and to change the description of the council districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p. 4212), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p. 4206), is amended by adding at the end of Section 1.11 the following:
"In addition, the following tracts or parcels of land shall be and are included as being a part of the City of Soperton:
All that tract or parcel of land lying, being and situate in the 1386th G.M. District of Treutlen County, Georgia being described as follows: Beginning at the intersection of the city limits of the City of Soperton with the northeastern margin of the right of way of the Seaboard Coastline Railroad as said railroad runs in a northwesterly direction from the City of Soperton; thence running along said margin of the northeastern portion of said right of way north 49 degrees, 54 minutes, 39 seconds west a distance of 1,588.76 feet to a point marked by an iron pin set; thence north 05 degrees, 12 minutes, 14 seconds west a distance of 2,184.85 feet to a point marked by another iron pin set; thence south 76 degrees, 36 minutes, 23 seconds east a distance of 378.36 feet to a point marked by an iron pin set located on the southwesterly portion of the right of way of Old Dairy Road, also known as Old Adrian Road; thence running along said margin of Old Dairy Road in a southeasterly direction to the point where said portion of the right of way of Old Dairy Road intersects with the existing city limits of the City of Soperton; thence south along the existing city limits of the City of Soperton south 41 degrees, 13 minutes,
3776
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
13 seconds west a distance of 572.25 feet to the point of beginning. Said property includes all of that certain tract or parcel of land described as Parcel 4 containing 56.04 acres, more or less, in a certain Plat of Survey prepared by Brent E. Tanner, Georgia Registered Land Surveyor, dated December 14, 2017, and filed for record in Plat Book 17001, Page 0049, in the Office of the Clerk of the Superior Court of Treutlen County, Georgia. Said Plat is hereby incorporated into this description by reference thereto.
All that tract or parcel of land lying, being and situate in the 1637th G.M. District of Treutlen County, Georgia, being described as follows: Beginning at the intersection of the southwestern portion of the right of way of State Route Highway 29 just north of the intersection of State Route Highway 29 with Knox Mill Road as said State Route Highway 29 runs in a northwesterly direction from the City of Soperton; thence running along said margin of State Route Highway 29 in a northwesterly direction north 56 degrees, 33 minutes, 47 seconds west a distance of 4,333.69 feet to a point; thence north 56 degrees, 24 minutes, 43 seconds west a distance of 437.83 feet to a concrete marker set on the southwestern margin of said State Route Highway 29; thence running along the arc of a curve formed by said margin of said State Route, the chord line distance and direction being north 53 degrees, 54 minutes, 36 seconds west a distance of 435.76 feet to another concrete marker on the southwest margin of said State Route Highway 29; thence continuing north 49 degrees, 32 minutes, 13 seconds west a distance of 327.21 feet to a point; thence north 47 degrees, 23 minutes, 42 seconds west a distance of 1,052.32 feet to a point; thence north 47 degrees, 23 minutes, 42 seconds west a distance of 161.32 feet to a point; thence north 47 degrees, 23 minutes, 42 seconds west a distance of 47.20 feet to a point; thence north 47 degrees, 23 minutes 42 seconds west a distance of 129.38 feet to an iron pin on the southwestern margin of said State Route Highway 29 where said State Route intersects the run of a creek; thence south 16 degrees, 04 minutes, 12 seconds west a distance of 352.68 feet to a point; thence south 18 degrees, 57 minutes, 16 seconds east a distance of 233.25 feet to a point; thence south 09 degrees, 58 minutes, 02 seconds west a distance of 257.88 feet to a point; thence continuing along the run of the creek north 48 degrees, 17 minutes, 58 seconds east a distance of 297.91 feet to a point; thence south 15 degrees, 32 minutes, 17 seconds west a distance of 195.81 feet to a point; thence south 23 degrees, 37 minutes, 40 seconds west a distance of 241.95 feet to a point; thence south 22 degrees, 45 minutes, 34 seconds west a distance of 312.15 feet to a point; thence south 33 degrees, 08 minutes, 15 seconds west a distance of 181.33 feet to a point; thence south 65 degrees, 23 minutes, 15 seconds west a distance of 164.91 feet to a point; thence south 78 degrees, 38 minutes, 22 seconds west a distance of 289.83 feet to a point on the northern margin of the Seaboard Coastline Railroad right of way; thence following the arc of the curve formed by said railroad right of way, the chord line distance and direction being north 72 degrees, 44 minutes, 08 seconds west a distance of 1,302.68 feet to an iron pin situated on the northeast margin of the Seaboard
GEORGIA LAWS 2018 SESSION
3777
Coastline Railroad right of way; thence along said railroad right of way north 47 degrees, 08 minutes, 57 seconds west a distance of 1,324.04 feet to an iron pin located at the intersection of the northeastern portion of the Seaboard Coastline Railroad right of way where said railroad right of way intersects with the northern portion of Brick Mill Road (unopened); thence along the northern portion of the 25 foot right of way of Brick Mill Road (unopened) north 55 degrees, 48 minutes, 20 seconds east a distance of 2,811.54 feet to a point along the southwestern portion of the right of way of State Route Highway 29; thence running along the southwestern portion of said right of way north 47 degrees, 15 minutes, 05 seconds west to a point; thence north 47 degrees, 17 minutes, 09 seconds west to an iron pin set along the southwestern portion of the right of way of State Route Highway 29; thence across said State Route Highway 29 north 42 degrees, 44 minutes, 41 seconds east a distance of 200 feet to a point located on the northeastern portion of the right of way of State Route Highway 29; thence north 42 degrees, 42 minutes, 19 seconds east a distance of 557.07 feet to a point; thence north 47 degrees, 16 minutes, 31 seconds west a distance of 307.31 feet to a point; thence north 42 degrees, 42 minutes, 19 seconds east a distance of 60.00 feet to a point ; thence north 42 degrees, 42 minutes, 19 seconds east a distance of 2,072.03 feet to a point; thence south 47 degrees, 16 minutes, 56 seconds east a distance of 1,909.97 feet to an iron pin; thence south 43 degrees, 37 minutes, 24 seconds west a distance of 150.02 feet to a point; thence south 10 degrees, 07 minutes, 31 seconds east a distance of 398.18 feet to a point; thence south 50 degrees, 07 minutes, 09 seconds west a distance of 2,317.93 feet to a point located on the northeastern portion of the right of way of State Route Highway 29; thence south 47 degrees, 10 minutes, 06 seconds east a distance of 182.03 feet to a point; thence south 47 degrees, 10 minutes, 58 seconds east a distance of 1,324.42 feet along the northeastern portion of the right of way of State Route Highway 29 to a point; thence south 47 degrees, 23 minutes, 42 seconds east a distance of 895.55 feet to a point; thence south 47 degrees, 23 minutes, 42 seconds east a distance of 493.91 feet to a point; thence south 49 degrees, 33 minutes, 43 seconds east a distance of 319.74 feet to a point; thence following the arc of the curve formed by the northeastern portion of the right of way of State Route Highway 29, the chord line distance and direction being south 54 degrees, 44 minutes, 10 seconds east a distance of 621.80 feet to a concrete monument situated on the northeastern margin of the intersection of the right of way of State Route Highway 29 where it intersects with the northeastern portion of the right of way of the Seaboard Coastline Railroad; thence south 56 degrees, 33 minutes, 47 seconds east a distance of 4,553.61 feet to a point located at the intersection of the northeastern portion of the right of way of State Route Highway 29 and the existing city limits of the City of Soperton; thence south 31 degrees, 19 minutes, 53 seconds west a distance of 200.14 feet along the existing city limits to the point of beginning. Included in this property is all of the Parcels 1, 2, and 3 described in a certain plat of survey prepared by Brent E. Tanner, Georgia Registered Land Surveyor, dated December 14, 2017, and filed for record in Plat Book 17001, Page 0049 in the Office of the Clerk of the Superior Court of Treutlen
3778
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
County, Georgia. Said plats are hereby incorporated into this description by reference thereto."
SECTION 2. Said Act is further amended by adding at the end of the description of District 2 in subsection (a) of Section 5.12 the following:
"In addition, the following tracts or parcels of land shall be and are included as being a part of this district:
All that tract or parcel of land lying, being and situate in the 1386th G.M. District of Treutlen County, Georgia being described as follows: Beginning at the intersection of the city limits of the City of Soperton with the northeastern margin of the right of way of the Seaboard Coastline Railroad as said railroad runs in a northwesterly direction from the City of Soperton; thence running along said margin of the northeastern portion of said right of way north 49 degrees, 54 minutes, 39 seconds west a distance of 1,588.76 feet to a point marked by an iron pin set; thence north 05 degrees, 12 minutes, 14 seconds west a distance of 2,184.85 feet to a point marked by another iron pin set; thence south 76 degrees, 36 minutes, 23 seconds east a distance of 378.36 feet to a point marked by an iron pin set located on the southwesterly portion of the right of way of Old Dairy Road, also known as Old Adrian Road; thence running along said margin of Old Dairy Road in a southeasterly direction to the point where said portion of the right of way of Old Dairy Road intersects with the existing city limits of the City of Soperton; thence south along the existing city limits of the City of Soperton south 41 degrees, 13 minutes, 13 seconds west a distance of 572.25 feet to the point of beginning. Said property includes all of that certain tract or parcel of land described as Parcel 4 containing 56.04 acres, more or less, in a certain Plat of Survey prepared by Brent E. Tanner, Georgia Registered Land Surveyor, dated December 14, 2017, and filed for record in Plat Book 17001, Page 0049, in the Office of the Clerk of the Superior Court of Treutlen County, Georgia. Said Plat is hereby incorporated into this description by reference thereto.
All that tract or parcel of land lying, being and situate in the 1637th G.M. District of Treutlen County, Georgia, being described as follows: Beginning at the intersection of the southwestern portion of the right of way of State Route Highway 29 just north of the intersection of State Route Highway 29 with Knox Mill Road as said State Route Highway 29 runs in a northwesterly direction from the City of Soperton; thence running along said margin of State Route Highway 29 in a northwesterly direction north 56 degrees, 33 minutes, 47 seconds west a distance of 4,333.69 feet to a point; thence north 56 degrees, 24 minutes, 43 seconds west a distance of 437.83 feet to a concrete marker set on the southwestern margin of said State Route Highway 29; thence running along the arc of a curve formed by said margin of said State Route, the chord line distance and direction being north 53 degrees, 54 minutes, 36 seconds west a distance of
GEORGIA LAWS 2018 SESSION
3779
435.76 feet to another concrete marker on the southwest margin of said State Route Highway 29; thence continuing north 49 degrees, 32 minutes, 13 seconds west a distance of 327.21 feet to a point; thence north 47 degrees, 23 minutes, 42 seconds west a distance of 1,052.32 feet to a point; thence north 47 degrees, 23 minutes, 42 seconds west a distance of 161.32 feet to a point; thence north 47 degrees, 23 minutes, 42 seconds west a distance of 47.20 feet to a point; thence north 47 degrees, 23 minutes 42 seconds west a distance of 129.38 feet to an iron pin on the southwestern margin of said State Route Highway 29 where said State Route intersects the run of a creek; thence south 16 degrees, 04 minutes, 12 seconds west a distance of 352.68 feet to a point; thence south 18 degrees, 57 minutes, 16 seconds east a distance of 233.25 feet to a point; thence south 09 degrees, 58 minutes, 02 seconds west a distance of 257.88 feet to a point; thence continuing along the run of the creek north 48 degrees, 17 minutes, 58 seconds east a distance of 297.91 feet to a point; thence south 15 degrees, 32 minutes, 17 seconds west a distance of 195.81 feet to a point; thence south 23 degrees, 37 minutes, 40 seconds west a distance of 241.95 feet to a point; thence south 22 degrees, 45 minutes, 34 seconds west a distance of 312.15 feet to a point; thence south 33 degrees, 08 minutes, 15 seconds west a distance of 181.33 feet to a point; thence south 65 degrees, 23 minutes, 15 seconds west a distance of 164.91 feet to a point; thence south 78 degrees, 38 minutes, 22 seconds west a distance of 289.83 feet to a point on the northern margin of the Seaboard Coastline Railroad right of way; thence following the arc of the curve formed by said railroad right of way, the chord line distance and direction being north 72 degrees, 44 minutes, 08 seconds west a distance of 1,302.68 feet to an iron pin situated on the northeast margin of the Seaboard Coastline Railroad right of way; thence along said railroad right of way north 47 degrees, 08 minutes, 57 seconds west a distance of 1,324.04 feet to an iron pin located at the intersection of the northeastern portion of the Seaboard Coastline Railroad right of way where said railroad right of way intersects with the northern portion of Brick Mill Road (unopened); thence along the northern portion of the 25 foot right of way of Brick Mill Road (unopened) north 55 degrees, 48 minutes, 20 seconds east a distance of 2,811.54 feet to a point along the southwestern portion of the right of way of State Route Highway 29; thence running along the southwestern portion of said right of way north 47 degrees, 15 minutes, 05 seconds west to a point; thence north 47 degrees, 17 minutes, 09 seconds west to an iron pin set along the southwestern portion of the right of way of State Route Highway 29; thence across said State Route Highway 29 north 42 degrees, 44 minutes, 41 seconds east a distance of 200 feet to a point located on the northeastern portion of the right of way of State Route Highway 29; thence north 42 degrees, 42 minutes, 19 seconds east a distance of 557.07 feet to a point; thence north 47 degrees, 16 minutes, 31 seconds west a distance of 307.31 feet to a point; thence north 42 degrees, 42 minutes, 19 seconds east a distance of 60.00 feet to a point ; thence north 42 degrees, 42 minutes, 19 seconds east a distance of 2,072.03 feet to a point; thence south 47 degrees, 16 minutes, 56 seconds east a distance of 1,909.97 feet to an iron pin; thence south 43 degrees, 37 minutes, 24 seconds west a distance of 150.02 feet to a point; thence
3780
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
south 10 degrees, 07 minutes, 31 seconds east a distance of 398.18 feet to a point; thence south 50 degrees, 07 minutes, 09 seconds west a distance of 2,317.93 feet to a point located on the northeastern portion of the right of way of State Route Highway 29; thence south 47 degrees, 10 minutes, 06 seconds east a distance of 182.03 feet to a point; thence south 47 degrees, 10 minutes, 58 seconds east a distance of 1,324.42 feet along the northeastern portion of the right of way of State Route Highway 29 to a point; thence south 47 degrees, 23 minutes, 42 seconds east a distance of 895.55 feet to a point; thence south 47 degrees, 23 minutes, 42 seconds east a distance of 493.91 feet to a point; thence south 49 degrees, 33 minutes, 43 seconds east a distance of 319.74 feet to a point; thence following the arc of the curve formed by the northeastern portion of the right of way of State Route Highway 29, the chord line distance and direction being south 54 degrees, 44 minutes, 10 seconds east a distance of 621.80 feet to a concrete monument situated on the northeastern margin of the intersection of the right of way of State Route Highway 29 where it intersects with the northeastern portion of the right of way of the Seaboard Coastline Railroad; thence south 56 degrees, 33 minutes, 47 seconds east a distance of 4,553.61 feet to a point located at the intersection of the northeastern portion of the right of way of State Route Highway 29 and the existing city limits of the City of Soperton; thence south 31 degrees, 19 minutes, 53 seconds west a distance of 200.14 feet along the existing city limits to the point of beginning. Included in this property is all of the Parcels 1, 2, and 3 described in a certain plat of survey prepared by Brent E. Tanner, Georgia Registered Land Surveyor, dated December 14, 2017, and filed for record in Plat Book 17001, Page 0049 in the Office of the Clerk of the Superior Court of Treutlen County, Georgia. Said plats are hereby incorporated into this description by reference thereto."
SECTION 3. This Act shall become effective January 1, 2019.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Soperton, approved March 14, 1984 (Ga. L. 1984, p.4212), as amended, particularly by an Act approved May 29, 2007 (Ga. L. 2007, p.4206); and for other purposes.
GEORGIA LAWS 2018 SESSION
3781
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Blake Tillery, Senator from District 19, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Soperton News, which is the official organ of Treutlen County, on the 7th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ BLAKE TILLERY Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of February in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 3, 2018.
__________
3782
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
COLUMBIA COUNTY REDEVELOPMENT POWERS; REFERENDUM.
No. 408 (Senate Bill No. 278).
To authorize Columbia County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Columbia County shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize Columbia County to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize Columbia County to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION 2. The county election superintendent of Columbia County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Columbia County for approval or rejection. The county election superintendent shall conduct that election on any permissible referendum date under Code Section 21-2-540 of the O.C.G.A., but not later than the 2018 November general election, and shall issue the call and conduct that election as provided by general law. The county election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Columbia County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Columbia County to exercise redevelopment powers under the 'Redevelopment Powers Law,' as it may
( ) NO be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is
GEORGIA LAWS 2018 SESSION
3783
not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Columbia County. It shall be the county election superintendent's duty to certify the results thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to authorize Columbia County to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended, and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jesse Stone, Senator from District 23, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Columbia County News-Times, which is the official organ of Columbia County, on the 5th of March in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or
3784
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(ii) During the seven days immediately following the date of publication of such Notice.
s/ JESSE STONE 23d Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of March, 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 3, 2018.
__________
CITY OF SKIDAWAY ISLAND INCORPORATE; REFERENDUM.
No. 427 (House Bill No. 618).
AN ACT
To incorporate the City of Skidaway Island; to provide for a charter for the City of Skidaway Island; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for homestead exemptions; to provide for bonds for officials; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for a transition period; to
GEORGIA LAWS 2018 SESSION
3785
provide for related matters; to provide for a referendum; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are incorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Skidaway Island, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The corporate boundaries of this city shall include all of that territory described in and set forth in Appendix A of this charter which is incorporated into and made a part of this charter. (b) The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
SECTION 1.13. Examples of powers.
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane
3786
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades. (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees. (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof. (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges.
GEORGIA LAWS 2018 SESSION
3787
(11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards. (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city. (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof. (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same. (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia.
3788
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community. (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency. (25) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (27) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances. (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial. (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations and standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission. (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city. (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so. (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing
GEORGIA LAWS 2018 SESSION
3789
payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items. (35) Special areas of public regulation. To regulate or prohibit junk dealers and the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortune-telling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas. (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law. (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (40) Urban redevelopment. To organize and operate an urban redevelopment program. (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes
3790
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council; creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The councilmembers shall be elected in the manner provided by general law and this charter. The members of the council shall be elected at-large by the voters of the entire city in accordance with provisions of Article V of this charter. The mayor shall be elected as provided in Section 2.32 of this charter.
SECTION 2.11. City council terms and qualifications for office; initial election and terms.
(a) Except as provided otherwise in this charter, the members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as councilmember unless that person is at least 21 years of age at the time of qualifying and has been a resident of the territory encompassed by the city boundaries for at least 12 months prior to the date of his or her election; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city. (b) For the purpose of electing members of the council, the City of Skidaway Island shall consist of six council posts which shall be designated Council Posts 1, 2, 3, 4, 5, and 6. Except for the initial election under this charter, at the time of qualifying, each candidate for election to the council other than the mayor shall designate the council post that he or she seeks to represent. To be eligible to seek and to hold Council Post 1, in addition to the other qualifications specified in subsection (a) of this section, the person shall be a resident of the area within the city that is not contained in the subdivision known as "The Landings." Persons elected to Council Posts 2, 3, 4, 5, and 6 may reside anywhere within the city. (c) The first election for mayor and councilmembers shall be a special election held on the third Tuesday in March, 2019. At such election, the mayor and councilmembers from Council Posts 1, 2, and 3 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2023. The councilmembers elected from Council Posts 4, 5, and 6 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2021. Thereafter, their successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified.
GEORGIA LAWS 2018 SESSION
3791
SECTION 2.12. Vacancy; filling of vacancies.
(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.
SECTION 2.13. Compensation and expenses.
The mayor shall receive a salary of $4,000.00 per annum to be paid in equal monthly amounts from funds of the city, and councilmembers shall receive a salary of $3,000.00 per annum to be paid in equal monthly amounts from funds of the city for their services. In addition, the mayor and councilmembers shall be reimbursed for their necessary and actual expenses incurred in the performance of their duties of office as provided by ordinance.
SECTION 2.14. Holding other office; voting when financially interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15. Inquiries and Investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency
3792
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the city council.
(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Skidaway Island and may enforce such ordinances by imposing penalties for violation thereof.
SECTION 2.17. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public improvements inside or outside the city and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The city council shall hold an organizational meeting on the first business day in January following each election year for members of the city council. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly elected members by a judicial officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold
GEORGIA LAWS 2018 SESSION
3793
such office according to the Constitution and laws of Georgia and the municipal charter. I have been a resident of the City of Skidaway Island for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Skidaway Island to the best of my ability without fear, favor, affection, reward, or expectation thereof."
SECTION 2.19. Regular and special meetings.
(a) The city council shall hold not less than 12 regular meetings each year at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to such members shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor or a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting, and no other business may be transacted at such meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the city council and shall serve at the pleasure of the city council. The city council shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum: voting
(a) A majority of councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall
3794
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of councilmembers present shall be required for the adoption of any ordinance, resolution, or motion; provided, however, that no ordinance shall be enacted except upon the affirmative vote of four councilmembers. (b) No member of the city council shall abstain from voting on any matter properly brought before the city council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Skidaway Island" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. (c) Each ordinance shall contain only one subject which shall be expressed in its title; provided, however, that appropriation ordinances may contain the various subjects, accounts, and amounts for which moneys are appropriated and that ordinances which are codified or recodified are not subject to the limitations of containing one subject.
SECTION 2.23. Action requiring an ordinance.
Actions of the city council which have the force and effect of law shall be enacted by ordinance. Every action of a general or permanent nature, including, but not limited to, granting a franchise, levying a tax, appropriating money, contracting indebtedness to be evidenced by the issuance of bonds or notes, for the purchase, lease, sale, or transfer of real
GEORGIA LAWS 2018 SESSION
3795
property or for establishing an offense and fixing the penalty therefor shall be taken by ordinance in the manner provided in this charter.
SECTION 2.24. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least a majority of councilmembers present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION 2.25. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance and a copy of each adopted code of technical regulations, as well as the adopting ordinance, and shall be authenticated and recorded by the city clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public.
3796
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The city clerk shall authenticate by the city clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Skidaway Island, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. City manager; appointment; qualifications; compensation.
The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications.
SECTION 2.28. Removal of city manager.
The city manager is employed at will and may be summarily removed from office at any time by the city council.
SECTION 2.29. Acting city manager.
By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the
GEORGIA LAWS 2018 SESSION
3797
duties of the city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease.
SECTION 2.30. Powers and duties of the city manager.
The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. As the chief administrative officer, the city manager shall:
(1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove any city employee and administrative officer that the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Fulfill state reporting requirements of Code Section 36-80-16 of the O.C.G.A., the "Local Government Authorities Registration Act"; the Department of Community Affairs local planning requirements for "Qualified Local Government" (QLG) status; and the requirements of Article 2 of Chapter 70 of Title 36 of the O.C.G.A., regarding service delivery; (8) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (9) Keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and
3798
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(10) Perform other such duties as are specified in this charter or as may be required by the city council.
SECTION 2.31. Council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 2.32. Selection of mayor and mayor pro tem.
In accordance with the alternating election cycle for terms of office in subsection (b) of Section 5.11 of this charter, except as otherwise provided in this charter, at each regular election where the mayor is to be elected, the voters of the city shall elect a mayor at large for a term of four years. At the first organizational meeting in July, 2019, and thereafter at the beginning of each even-numbered year, beginning in 2020, the city council shall elect from among its members a mayor pro tem who shall act as mayor during the absence or disability of the mayor, but shall only have one vote on matters before the city council, and, if a vacancy occurs, the mayor pro tem shall become mayor for the remainder of the expired term.
SECTION 2.33. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; and (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing.
GEORGIA LAWS 2018 SESSION
SECTION 2.34. Position of mayor pro tem.
3799
During the absence or physical or mental disability of the mayor for any reason, the mayor pro tem, or in the mayor pro tem's absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tem or selected councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall continue to have only one vote as a member of the council.
ARTICLE III ADMINISTRATIVE STRUCTURE
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers and directors under the supervision of the city manager shall be appointed by the city manager. All appointive officers and directors shall be employees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance.
SECTION 3.11. Consolidation of functions.
The city manager may consolidate any two or more positions or functions or may assign the functions of any one or more positions to the holder or holders of any other positions. The
3800
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
city manager may also perform all or part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same.
SECTION 3.12. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function that the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Approval of such bylaws, rules, and regulations shall be authorized by the affirmative vote of city council. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.
GEORGIA LAWS 2018 SESSION
3801
SECTION 3.13. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney shall not be a public official of the city and shall not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney.
SECTION 3.14. City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.
SECTION 3.15. Position classification and pay plans.
The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such pay plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Skidaway Island.
3802
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve for a minimum term of one year and until a successor is appointed or if the judge is removed from office as provided in Code Section 36-32-2.1 of the O.C.G.A. Such term shall be memorialized in a written agreement between such individual and the governing authority of the city or in an ordinance. (c) Compensation of the judges shall be fixed by ordinance. (d) Except as otherwise provided in subsection (b) of this section, judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00, imprisonment for 180 days, or both, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary
GEORGIA LAWS 2018 SESSION
3803
authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Chatham County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
3804
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11. Election of the city council.
(a) There shall be a municipal general election every odd-numbered year on the Tuesday next following the first Monday in November, beginning in 2021. (b) There shall be elected three councilmembers and a mayor at one election and at every other regular election thereafter. The three remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created. Terms of office shall be for four years and until their respective successors are elected and qualified.
(c)(1) Except for the initial election under this charter, when qualifying to seek election to the city council, the individual qualifying shall specify the position for which he or she is offering for election. Members of the city council and the mayor shall be elected by the voters of the city at-large. The member representing Council Post 1 shall be a resident of the portions of the city that are not contained in the subdivision known as "The Landings on Skidaway Island." (2) In the initial election under this charter, all candidates shall qualify to seek election to the city council, but shall not be required to specify the post that they are seeking. The candidate who lives in the portions of the city that are not contained in the subdivision known as "The Landings on Skidaway Island" who receives the most votes shall be elected to Council Post 1. Of the remaining candidates, the two candidates who receive the highest numbers of votes shall be elected to Council Posts 2 and 3, respectively, and the three candidates who receive the next highest numbers of votes shall be elected to Posts 4, 5, and 6, respectively. (d) In the initial election under this charter to be held on the third Tuesday in March 2019, the mayor and six council posts shall be filled. The initial terms of office for those individuals elected to the positions of mayor and Council Posts 1, 2, and 3 shall take office immediately upon the certification of the results of such initial election and shall serve until December 31, 2023, and until their respective successors are elected and qualified. The individuals elected to Council Posts 4, 5, and 6 shall take office immediately upon the certification of the results of such initial election and shall serve until December 31, 2021, and until their respective successors are elected and qualified. Thereafter, all members of the city council shall be elected in November immediately preceding the end of their respective terms of office and shall take office on January 1 immediately following such election for
GEORGIA LAWS 2018 SESSION
3805
terms of office of four years and until their respective successors are elected and qualified. (e) City council members, other than the mayor, shall be limited to three consecutive four-year terms of office as members of the city council. The mayor shall be limited to two consecutive four-year terms of office as mayor. The initial terms of office under subsection (d) of this section of less than four years and partial terms of office shall not be counted toward this number.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by plurality.
The candidate receiving the highest number of votes cast for the council seat for which he or she is offering for election shall be elected, and the candidate receiving the highest number of votes cast for the office of mayor shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of a councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
3806
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, and other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this paragraph shall have the right of appeal from the decision of the city council to the Superior Court of Chatham County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Chatham County following a hearing on a complaint seeking such removal brought by any resident of the City of Skidaway Island.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
The city council, by ordinance, shall establish a millage rate for the city property tax, not to exceed 4.13 mills, a due date, and the time period within which these taxes shall be paid. The city council, by ordinance, may provide for the payment of these taxes by two installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
GEORGIA LAWS 2018 SESSION
3807
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of the city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided
3808
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
The city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time such issue is undertaken.
GEORGIA LAWS 2018 SESSION
3809
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and shall repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided that the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts shall be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city fiscal year shall be set as January 1 through December 31. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government unless otherwise provided by state or federal law.
SECTION 6.24. Preparation of budgets.
The city council shall provide by ordinance procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
3810
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 90 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the city manager; provided, however, that the budget as finally amended and adopted shall provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the twentieth day of December of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and
GEORGIA LAWS 2018 SESSION
3811
applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council but no later than 90 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the twentieth day of December of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
3812
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.21 of this charter.
SECTION 6.32. Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cutoff or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
GEORGIA LAWS 2018 SESSION
3813
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of the city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
ARTICLE VIII HOMESTEAD EXEMPTIONS
SECTION 8.10. General homestead exemption.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Skidaway Island, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended.
(b) Each resident of the City of Skidaway Island is granted an exemption on that person's homestead from City of Skidaway Island ad valorem taxes for municipal purposes in the amount of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) Any person who as of January 1, 2018, has applied for and is eligible for the $2,000.00 exemption from county ad valorem taxation provided in Code Section 48-5-44 of the O.C.G.A. shall be eligible for the exemption provided for by subsection (b) of this section without applying therefor. Thereafter, a person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the City of Skidaway Island, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Skidaway Island, or the designee thereof, to make a
3814
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Skidaway Island, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Skidaway Island, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to City of Skidaway Island ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after July 1, 2019.
SECTION 8.11. Homestead exemption; senior citizen; disabled.
(a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Skidaway Island, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except such term shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this Act.
GEORGIA LAWS 2018 SESSION
3815
(4) "Senior citizen" means a person who is 65 years of age or older on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Skidaway Island who is disabled or who is a senior citizen is granted an exemption on that person's homestead from City of Skidaway Island ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of that homestead. The exemption under this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead, does not exceed $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians, such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the City of Skidaway Island, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Skidaway Island, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Skidaway Island, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Skidaway Island, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to City of Skidaway Island ad valorem taxes for municipal purposes.
3816
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after July 1, 2019.
SECTION 8.12. Homestead exemption; base year.
(a) As used in this Act, the term: (1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Skidaway Island, except for any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under subsection (b) of this section is first granted to the most recent owner of such homestead, provided that, for any resident who is receiving a base year homestead exemption from Chatham County taxes on January 1, 2019, the base year for such Chatham County base year homestead exemption shall be the base year for the exemption under subsection (b) of this section until such resident becomes ineligible for such exemption under this section. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property.
(b) Each resident of the City of Skidaway Island is granted an exemption on that person's homestead from City of Skidaway Island ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January 1 of the base year. If any real property is removed from such homestead, the base year assessed value shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) The unremarried surviving spouse of a deceased spouse who had been granted the exemption provided for in subsection (b) of this section shall continue to receive the exemption provided under subsection (b) of this section so long as that unremarried surviving spouse continues to occupy the home as a residence and homestead. (d) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the governing authority of the City of Skidaway Island, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Skidaway Island, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The governing authority of the City of Skidaway Island, or the designee thereof, shall provide application forms for this purpose.
GEORGIA LAWS 2018 SESSION
3817
(e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (d) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Skidaway Island, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. (f) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to City of Skidaway Island ad valorem taxes for municipal purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after July 1, 2019.
ARTICLE IX REFERENDUM AND TRANSITION
SECTION 9.10. Qualified electors.
(a) For the purposes of the referendum election provided for in Section 9.11 of this charter and for the purposes of the special election to be held on the third Tuesday in March, 2019, the qualified electors of the City of Skidaway Island shall be those qualified electors of Chatham County residing within the corporate limits of the City of Skidaway Island as described by Section 1.11 of this charter. At subsequent municipal elections, the qualified electors of the City of Skidaway Island shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (b) Only for the purpose of holding and conducting the referendum election provided for by Section 9.11 of this charter and only for the purpose of holding and conducting the special election of the City of Skidaway Island to be held on the third Tuesday in March, 2019, the election superintendent of Chatham County is vested with the powers and duties of the election superintendent of the City of Skidaway Island and the powers and duties of the governing authority of the City of Skidaway Island.
3818
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 9.11. Referendum.
The election superintendent of Chatham County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Skidaway Island, as provided in Section 9.10 of this charter, for approval or rejection. The superintendent shall set the date of such election for the date of the 2018 November general election. The superintendent shall issue the call for such election at least 60 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of Skidaway Island in Chatham County ( ) NO and granting the homestead exemptions described therein be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 9.12 of this charter; otherwise, it shall thereafter be void and of no force and effect. The expense of the special election set forth in this section shall be borne by Chatham County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State.
SECTION 9.12. Effective dates.
(a) Sections 1.10 and 1.11 of this charter and those provisions of this charter necessary for the special election provided for in Section 9.11 of this charter shall become effective immediately upon its approval by the Governor or upon its becoming law without such approval. (b) Those provisions of this Act necessary for the special election to be held on the third Tuesday in March, 2019, shall be effective upon the certification of the results of the referendum election provided for by Section 9.11 of this charter, if this Act is approved at such referendum election. (c) The remaining provisions of this Act shall become of full force and effect for all purposes on July 1, 2019, except that the initial mayor and councilmembers shall take office immediately following their election and by action of a quorum may prior to July 1, 2019, meet and take actions binding on the city.
GEORGIA LAWS 2018 SESSION
3819
SECTION 9.13. Transition.
(a) A period of time will be needed for an orderly transition of various government functions from Chatham County to the City of Skidaway Island. Accordingly, there shall be a transition period beginning on July 1, 2019, and ending at midnight on the last day of the twenty-fourth month following such date. During such transition period, all provisions of this charter shall be effective as law, but not all provisions of this charter shall be implemented. (b) During such transition period, Chatham County shall continue to provide within the territorial limits of the City of Skidaway Island all government services and functions which Chatham County provided in that area during 2018 and at the same actual cost, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to Chatham County by the City of Skidaway Island, responsibility for any such service or function shall be transferred to the City of Skidaway Island. Beginning on July 1, 2019, the City of Skidaway Island shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the City of Skidaway Island; provided, however, that upon at least 30 days' prior written notice to Chatham County by the City of Skidaway Island, the authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain with Chatham County after July 1, 2019, until such time as Chatham County receives subsequent notice from the City of Skidaway Island that such authority shall be transferred to the City of Skidaway Island. (c) During the transition period, the governing authority of the City of Skidaway Island:
(1) Shall hold regular meetings and may hold special meetings as provided in this charter; (2) May enact ordinances and resolutions as provided in this charter; (3) May amend this charter by home rule action as provided by general law; (4) May accept gifts and grants; (5) May borrow money and incur indebtedness to the extent authorized by this charter and general law; (6) May levy and collect an ad valorem tax for calendar years 2019 and 2020; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (d) Except as otherwise provided in this section, during the transition period, the Municipal Court of the City of Skidaway Island shall not exercise its jurisdiction. During the transition period, all ordinances of Chatham County shall remain applicable within the territorial limits of the City of Skidaway Island and the appropriate court or courts of Chatham County shall
3820
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
retain jurisdiction to enforce such ordinances. However, by appropriate agreement (and concurrent resolutions and ordinances if needed) Chatham County and the City of Skidaway Island may during the transition period transfer all or part of such regulatory authority and the appropriate court jurisdiction to the City of Skidaway Island. Any transfer of jurisdiction to the City of Skidaway Island during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in Chatham County or the pending prosecution of any violation of any ordinance of Chatham County. (e) During the transition period, the governing authority of Skidaway Island may at any time, without the necessity of any agreement by Chatham County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of Skidaway Island commencing to exercise its planning and zoning powers, the Municipal Court of the City of Skidaway Island shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (f) Effective upon the termination of the transition period, subsections (b) through (e) of this section shall cease to apply except for the last sentence of subsection (d) which shall remain effective. Effective upon the termination of the transition period, the City of Skidaway Island shall be a full functioning municipal corporation and subject to all general laws of this state.
SECTION 9.14. Directory nature of dates.
It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that:
(1) If it is not possible to hold the referendum election provided for in Section 9.11 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If it is not possible to hold the first municipal election provided for in Section 2.11 of this Act on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly.
GEORGIA LAWS 2018 SESSION
3821
SECTION 9.15. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A CORPORATE LIMITS CITY OF SKIDAWAY ISLAND
The City of Skidaway Island shall include all the territory embraced within the following census blocks based upon the 2010 United States decennial census:
Plan: skidaway-city-2017 Plan Type: Local Administrator: H166 User: Gina
District SKIDAWAY Chatham County VTD: 0511-12 011006: 1004 1005 VTD: 0514-12 011005: 3011 3062 3063 3064 3065 3068 3069 3073 3074 3075 3076 3077 3079 3083 011006: 1000 1001 1002 1003 1007 1008 1009 1011 1038 1039 1040 2004 2005 2007 2008 2009 2010 2011 2012 2014 2015 2017 2018 2019 2020 2032 2033 2034 VTD: 0514-13 011005: 1000 1001 1002 1003 1005 1006 1007 1008 1009 1010 2024 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 4023 4035 011006: 1037 VTD: 0514-14 011005: 2005 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 2030 2031 2032
3822
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2033 2034 2035 2036 2037 2038 2039 2040 2041 2045 2046 2047 2057 3066 3067 3070 3071 3072 3078 3080 VTD: 0514-15 011005: 1004 011006: 1006 1010 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1041 1043 2006 2013 2016 2035 2036 2037 2038 2039 2040
For the purposes of this description, the term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in the description which are underneath a VTD heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia.
APPENDIX B CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
I, Representative Jesse Petrea, Georgia State Representative from the 166th District and the author of this bill introduced at the 2017 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Skidaway Island, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.
So certified, this ______ day of ____________________, 2017.
_____________________________________ Honorable Jesse Petrea Representative, 166th District Georgia State House of Representatives
GEORGIA LAWS 2018 SESSION
3823
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to incorporate the City of Skidaway Island; to provide for a charter for the City of Skidaway Island and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jesse Petrea, Representative from District 166, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Savannah Morning News, which is the official organ of Chatham County, on the 9th of March in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JESSE PETREA Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 13th of March in the year 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
3824
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved May 7, 2018.
__________
TOWN OF BRASELTON TOWN OF BRASELTON PUBLIC FACILITIES AUTHORITY; CREATION.
No. 429 (House Bill No. 806).
AN ACT
To create the Town of Braselton Public Facilities Authority; to provide for a short title and purpose; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to provide for definitions; to provide for the issuance and sale of revenue bonds and their negotiability, sale, and use of proceeds from such sales; to provide for conditions for issuance of such obligations; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for rates, fees, and charges; to provide for rules and regulations; to provide for tort immunity; to provide for supplemental powers; to provide for liberal construction; to provide for severability; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "Town of Braselton Public Facilities Authority Act."
SECTION 2. Creation of authority; purpose.
There is created a body corporate and politic to be known as the "Town of Braselton Public Facilities Authority," which shall be deemed to be a public corporation. Such corporation shall be separate and distinct from any public corporation or other entity heretofore created by the General Assembly and shall be an instrumentality of the State of Georgia exercising governmental powers. The authority is created for the purpose of promoting the public good
GEORGIA LAWS 2018 SESSION
3825
and general welfare of the citizens of the Town of Braselton and assisting the Town of Braselton in providing facilities, equipment, and services to the citizens of the Town of Braselton in the most efficient means possible. In connection with the exercise of any of its powers, the members of the authority may make findings or determinations that will promote the public good and general welfare of the citizens of the Town of Braselton and assist the Town of Braselton in providing facilities, equipment, and services, and such findings or determinations, if made, shall be conclusive and binding.
SECTION 3. Definitions.
As used in this Act, the following words and terms shall have the meaning specified unless the context or use clearly indicates a different meaning or intent:
(1) "Authority" means the Town of Braselton Public Facilities Authority created by this Act. (2) "Cost of the project" means and includes:
(A) The cost of construction; (B) The cost of all land and interests therein, properties, rights, easements, and franchises acquired; (C) The cost of acquiring, constructing, or erecting buildings, improvements, materials, labor, and services; (D) The cost of all machinery and equipment; (E) Financing charges and interest prior to and during construction or acquisition of any project and for six months after such project is placed into service and operational at the level intended; (F) The cost of construction, engineering, architectural, fiscal, accounting, inspection, and legal expenses relating to a project or to the financing or refinancing of any project and other expenses necessary or incidental to determining the feasibility or practicability of any project; and (G) Administrative expenses relating to any project or the financing or refinancing thereof and such other expenses as may be necessary or incidental to the financing of a project authorized by this Act; the acquisition, construction, renovation, reconstruction, or remodeling of a project; and the placing of the same in operation. Any obligation or expense incurred for any of the purposes in this paragraph shall be regarded as part of the cost of the project and may be paid or reimbursed as such out of any funds of the authority, including proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects and the proceeds of the sale of any contracts, lease agreements, or installment sales agreements or the amounts payable thereunder, either directly or by the creation of interests therein. (3) "Project" means and includes the acquisition, construction, equipping, maintenance, and operation of any undertaking as defined in Code Section 36-82-61 of the O.C.G.A.;
3826
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
any undertaking, project, or service for which any governmental body contracting with the authority is authorized by law to undertake in the performance of its governmental, administrative, or proprietary functions; all personal property to be used in connection therewith; and the lease and sale of any part or all of such facilities, including real and personal property, so as to ensure the efficient and proper development, maintenance, and operation of such project deemed by the authority to be necessary, convenient, or desirable. A project may be composed exclusively of real or personal property, equipment, fixtures, machinery, or other property of any nature whatsoever used or useful in connection with the governmental, administrative, and proprietary functions of any governmental body contracting with the authority for its services or facilities. (4) "Revenue bonds" means revenue bonds issued by the authority pursuant to Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law. (5) "Town" means the Town of Braselton, Georgia, or its successor."
SECTION 4. Powers of the authority.
The authority shall have the power: (1) To hold, own, lease, transfer, and convey real and personal property or interests therein; (2) To sue and be sued; (3) To have and use a seal and to alter the same at its pleasure; (4) To acquire, construct, purchase, own, equip, operate, extend, improve, lease, and sell any project; (5) To exercise the powers conferred upon a public corporation or a public authority by Article IX, Section III, Paragraph I of the Constitution of Georgia, and such authority is expressly declared to be a public corporation or a public authority within the meaning of such provision of the Constitution of Georgia; (6) To acquire property and projects in its own name by gift or by purchase on such terms and conditions and in such manner as it may deem proper. If the authority shall deem it expedient to construct any project on real property or any interest therein or usufruct which is subject to the control of the town, the town is authorized to convey such real property or interest therein to the authority for no consideration or for such consideration as may be agreed upon by the authority and the town, taking into consideration the public benefit to be derived from such conveyance. The town may transfer such property or interest therein without regard to any determination as to whether or not such property or interest therein is surplus; (7) To accept gifts and bequests for its corporate purposes; (8) To appoint, select, and employ, with or without bidding, as the authority may choose, officers, agents, and employees, including engineering, architectural, and construction
GEORGIA LAWS 2018 SESSION
3827
experts, fiscal agents, underwriters or other advisors, and attorneys, and to fix their compensation; (9) To make and execute with public and private persons and corporations contracts, lease agreements, rental agreements, installment sale agreements, and other instruments relating to its projects and incidental to the exercise of the powers of the authority, including contracts for constructing, renting, leasing, and selling its projects for the benefit of the town; and, without limiting the generality of this paragraph, authority is specifically granted to the authority and to the town to enter into contracts, lease agreements, rental agreements, installment sale agreements, and related agreements for a term not exceeding 50 years as provided in Article IX, Section III of the Constitution of Georgia; (10) To lease, sell, transfer, or otherwise dispose of any property, real or personal, or assets of the authority or to assign its rights under its contracts, lease agreements, or installment sale agreements or its right to receive payments thereunder, either directly or through trust or custodial arrangements whereby interests are created in such contracts, lease agreements, or installment sale agreements or the payments to be received thereunder through the issuance of trust certificates, certificates of participation, custodial receipts, or other similar instruments; (11) To accept loans or grants of money or property of any kind from the United States, the State of Georgia, or any political subdivision of the State of Georgia; (12) To borrow money for any of its corporate purposes and to issue revenue bonds, notes, or other types of indebtedness payable solely from funds or revenues of the authority pledged for that purpose; to pledge and assign any of its revenues, income, rent, charges, and fees to provide for the payment of the same; and to provide for the rights of the holders of such revenue bonds; (13) To enter into interest rate swaps, collars, or other types of interest rate management agreements or credit enhancement or liquidity agreements relating to any obligations of the authority, provided that the obligation of the authority under such agreements shall not be a general obligation of the authority but shall be a limited obligation of the authority payable from a specific source of funds identified for such purpose; (14) To make such rules and regulations governing its employees and property as it may in its discretion deem proper; (15) To be sued the same as any private corporation on any contractual obligation of the authority. The authority shall have the same rights to sue any other person or entity as any private corporation; and (16) To issue its revenue bonds, notes, or other obligations to finance or refinance any project which may be financed by the town under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."
3828
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5. Members of the authority; terms of office.
The authority shall consist of five members who shall be appointed by the mayor and council of the Town of Braselton. The mayor and councilmembers of the Town of Braselton shall not be appointed as members of the authority. All appointments of members to the authority shall be made for terms of three years and until successors are appointed and qualified. Immediately after such appointments, the members of the authority shall enter upon their duties. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, shall be a resident of the Town of Braselton, Georgia, for at least two years prior to the date of his or her appointment, and shall not have been convicted of a felony. Any member of the authority may be selected and appointed to succeed himself or herself. A majority of the members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority, and in every instance, a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to authorize and issue revenue bonds. The authority shall elect one of its members as chairperson and shall elect a secretary and a treasurer. The secretary and treasurer need not necessarily be members of the authority. The chairperson shall be a nonvoting member of the authority; however, the chairperson shall be allowed to vote to break a tie. The authority may elect a vice chairperson or any number of assistant secretaries or treasurers as it may from time to time deem necessary or desirable. The members of the authority shall not be entitled to compensation for their services but shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The authority shall make rules and regulations for its own governance, and it shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under the provisions of this Act or impair the obligations of any contracts existing under this Act.
SECTION 6. Issuance and sale of revenue bonds.
The authority shall have the power and is authorized from time to time to provide for the issuance and sale of negotiable revenue bonds in the manner provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," for the purpose of paying all or any part of the cost of any one or more projects, including the cost of constructing, reconstructing, equipping, extending, adding to, or improving any such project, or for the purpose of refunding, as provided in this Act, any such bonds of the authority or any other authority or public body previously issued to finance or refinance the cost of a project. The principal of and interest on such revenue bonds shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the indenture or resolution of the authority authorizing the issuance of such revenue bonds. The revenue bonds of each
GEORGIA LAWS 2018 SESSION
3829
issue shall be issued and validated under and in accordance with the provisions of the "Revenue Bond Law." In accordance with the "Revenue Bond Law," such revenue bonds shall mature on such dates, bear interest at such rate or rates, whether fixed or variable, be subject to redemption, and have such other terms as the authority may provide in the indenture or resolution relating thereto.
SECTION 7. Power to incur loans or issue notes.
The authority shall also have the power to incur indebtedness from time to time for the purpose of financing or refinancing any project or refunding any obligations previously issued for such purpose, or for any other purpose, whether in the form of a loan or through the issuance of notes, and the principal of and interest on such notes or loans shall be a limited obligation of the authority payable solely from the source or sources of funds specified in the resolution or indenture of the authority authorizing such loan or the issuance of such notes. Any such loan or notes shall not be required to be validated as a condition to the issuance thereof and shall have such terms as may be specified by the authority in the resolution or indenture authorizing the same.
SECTION 8. Negotiable instruments.
All revenue bonds issued under the provisions of this Act shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of this state.
SECTION 9. Revenue bonds or notes not a debt or general obligation.
Revenue bonds or notes issued under the provisions of this Act or any loan incurred as authorized herein shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of any political subdivision thereof, including the town, but shall be payable solely from the sources as may be designated in the resolution or indenture of the authority authorizing the issuance of the same. The issuance of such obligations shall not directly, indirectly, or contingently obligate the State of Georgia or any political subdivision thereof, including the town, to levy or pledge any form of taxation for the payment thereof. No holder of any bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State of Georgia or any political subdivision thereof, including the town, nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such obligations shall contain on their face a recital setting forth substantially the provisions of this section. Nothing in this section shall be construed to prohibit the State of Georgia or any political subdivision or
3830
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
agency thereof, including the town, from obligating itself to pay the amounts required under any contract entered into with the authority pursuant to Article IX of the Constitution of Georgia or any successor provision, including from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred by the authority and from any other source.
SECTION 10. Issuance of bonds or obligations under indentures or resolutions.
In the discretion of the authority, any issuance of such revenue bonds, notes, or other obligations may be secured by a trust indenture by and between the authority and a trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State of Georgia. Such trust indenture may pledge or assign fees, tolls, rents, revenues, and earnings to be received by the authority, including the proceeds derived from the financing, sale, or lease, from time to time, of any project. Either the resolution providing for the issuance of revenue bonds or other obligations or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the owners of such bonds or obligations as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority or any lessee or purchaser in relation to the acquisition and construction of any project, the maintenance, operation, repair, and issuance of any project, and the custody, safeguarding, and application of all moneys, including the proceeds derived from the sale or lease of any project or from the sale of any such bonds, notes, or other obligations, and may contain provisions concerning the conditions, if any, upon which additional bonds, notes, or other obligations may be issued, whether on a parity with or subordinate to any other obligations issued by the authority. Such indenture or resolution may set forth the rights and remedies of the owners of such obligations and of the trustee. Such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the owners of such bonds or other obligations or otherwise necessary or convenient in connection with the issuance of such obligations. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
SECTION 11. Security of the payment of bonds or other obligations.
The authority may assign or pledge any property or revenues to the payment of the principal of and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture may provide. The use and disposition of such property or revenues assigned to the payment of bonds or other obligations shall be subject to the indenture or resolution authorizing the issuance of such revenue bonds or obligations. Any
GEORGIA LAWS 2018 SESSION
3831
lien created by the authority for the payment of such bonds or obligations may be a first lien or a subordinate lien as the authority may provide, and any such indenture or resolution may provide, at the option of the authority, for the issuance of additional bonds or other obligations sharing any lien on a parity or subordinate lien basis.
SECTION 12. Refunding bonds or obligations.
The authority is authorized to provide by resolution for the issuance of obligations, whether revenue bonds, notes, or other obligations, for the purpose of refunding any revenue bonds or other obligations issued under the provisions of this Act or under any other provision of Georgia law so long as such bonds or other obligations were issued for a purpose or project for which the authority could issue bonds. The issuance of such refunding bonds or other obligations and all the details thereof, the rights of holders thereof, and the duties of the authority with respect to the same shall be governed by the provisions of this Act insofar as the same may be applicable.
SECTION 13. Principal office; venue.
The principal office of the authority shall be in the town, and the venue of any action against it shall be in Gwinnett County. Any action pertaining to the validation of any bonds issued under the provisions of this Act and for the validation of any contract entered into by the authority shall be brought in the Superior Court of Gwinnett County, and such court shall have exclusive original jurisdiction of such actions. Service upon the authority of any process, subpoena, or summons shall be effected by serving the same personally upon any member of the authority.
SECTION 14. Validation of revenue bonds.
Revenue bonds of the authority shall be confirmed and validated in accordance with the procedure set forth in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as the same now exists or may hereafter be amended. The petition for validation shall also make a party defendant to such action the town, if the town has or will contract with the authority with respect to the project for which bonds are to be issued and are sought to be validated. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to the validity of such bonds against the authority and against all other persons or entities, regardless of whether such persons or entities were parties to such validation proceedings.
3832
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 15. No impairment of rights.
While any of the bonds or other obligations issued by the authority or any interests in contracts of the authority remain outstanding, the powers, duties, or existence of the authority or its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds or obligations or such interests in contracts of the authority. The provisions of this section shall be for the benefit of the authority and the holders of any such bonds or obligations and interests in contracts of the authority and, upon the issuance of bonds or obligations or the creation of interests in contracts of the authority under the provisions of this Act, shall constitute a contract with the holders of such bonds or obligations or such interests in contracts of the authority.
SECTION 16. Trust funds; permitted investments.
All moneys received by the authority pursuant to this Act, whether as proceeds from the sale of revenue bonds or obligations of the authority, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act and in such resolutions and trust indentures as may be adopted and entered into by the authority pursuant to this Act. Any such moneys or funds may be invested from time to time in such investments as may be permitted under the indenture, agreement, or resolution establishing the fund or account in which such funds are held, or if not held in such a fund or account, in such investments as would be permitted for investments of a development authority created under Code Section 36-62-1, et seq., of the O.C.G.A.
SECTION 17. Power to set rates, fees, and charges.
The authority is authorized to prescribe and fix rates, fees, tolls, rents, and charges and to revise from time to time and collect such revised rates, fees, tolls, rents, and charges for the services, facilities, or commodities furnished, including leases, concessions, and subleases of its projects, and to determine the prices and terms at and under which its projects may be sold, leased, or otherwise disposed. The authority may establish in its discretion procedures for contracting for any work done for the authority or for the acquisition, sale, transfer, or lease of any property, real or personal, of the authority.
GEORGIA LAWS 2018 SESSION
3833
SECTION 18. Essential governmental function.
All property or interests in property owned by the authority shall be public property held and owned for governmental purposes. The exercise of the powers conferred upon the authority hereunder shall constitute an essential governmental function for a public purpose.
SECTION 19. Immunity of authority and members.
The authority shall have the same immunity and exemption from liability for torts and negligence as the Town of Braselton; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the town.
SECTION 20. Authority property not subject to levy and sale.
Except as otherwise provided by general law, the property of the authority shall not be subject to levy and sale under legal process.
SECTION 21. Authority area of operation.
The scope of the authority's operations shall be limited to the territory embraced within the territorial limits of the town, as the same now or may hereafter exist; provided, however, that nothing in this section shall prevent the authority from contracting with any entity, public or private, outside of the town with respect to any project located in or outside of the town if the authority shall determine that entering into such contract is in the best interest of the authority and in furtherance of its public purposes.
SECTION 22. Supplemental powers.
This Act shall not in any way take away from the authority any power which may be conferred upon it by law but is supplemental thereto.
3834
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 23. No power to impose taxes.
The authority shall not have the right to impose any tax on any person or property.
SECTION 24. Act to be liberally construed.
This Act shall be liberally construed to effect the purposes hereof.
SECTION 25. Severability of provisions.
Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of this Act, or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof.
SECTION 26. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 27. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
Braselton Local Legislation
Pursuant to Article III, Section V, Paragraph IX of the Constitution of the State of Georgia of 1983 and O.C.G.A. 28-1-14, notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia local legislation known as the "Town of Braselton Public Facilities Authority Act" to create and provide for a public facilities authority for the Town of Braselton; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 2018 SESSION
3835
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Tommy Benton, Representative from District 31, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Jackson Herald, which is the official organ of Jackson County, on the 17th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ TOMMY BENTON Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 7, 2018.
__________
3836
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF PEACHTREE CORNERS NEW CHARTER.
No. 430 (House Bill No. 832).
AN ACT
To provide a new charter for the City of Peachtree Corners; to provide for boundaries and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, city attorney, a city clerk, and other personnel and duties, powers, and other matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This Act shall constitute the charter of the City of Peachtree Corners. The city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style "City of Peachtree Corners, Georgia," and by that name shall have perpetual succession.
GEORGIA LAWS 2018 SESSION
SECTION 1.11. Corporate boundaries.
3837
(a) The boundaries of this city shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Peachtree Corners, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This city shall have all the powers possible for a city to have under the present or future construction or laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention powers shall not be construed as limiting in any way the powers of this city.
SECTION 1.13. Examples of powers.
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades;
3838
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions, as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or outside the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and, from time to time, extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in the city or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public
GEORGIA LAWS 2018 SESSION
3839
property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electric light panels, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement, whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for police and firefighting agencies; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of parks and playgrounds, public grounds, recreational facilities, public buildings, and charitable, cultural, educational, recreational, conservation, and sports institutions, agencies, and facilities; and to regulate the use of public improvements;
3840
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(27) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of services to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (28) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (29) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (30) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (31) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose and collect a sewer connection fee or fees to those connected with the system; (32) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (33) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, alcoholic beverages, and use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (34) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements;
GEORGIA LAWS 2018 SESSION
3841
(35) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation subject to a maximum of 1 mill; (36) Taxes: other. To levy and collect such other taxes as may be allowed, now or in the future, by law; (37) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (38) Urban redevelopment. To organize and operate an urban redevelopment program; and (39) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers, unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter.
3842
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.11. City councilmembers; terms and qualifications for office.
(a) The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. The term of office of each member of the city council shall begin on the first day of January immediately following the election of such member unless general law authorizes or requires the term to begin at the first organizational meeting in January or upon some other date. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of this city. (b) The city council seats shall be designated Post 1, Post 2, Post 3, Post 4, Post 5, and Post 6. Candidates shall designate the post for which they are offering for election when qualifying for election.
(c)(1) The members of the city council from Post 4, Post 5, and Post 6 shall be elected by the electors of the city at large by majority vote. (2) For the purposes of electing members of the city council from Post 1, Post 2, and Post 3, the city is divided into three districts. One member of the board shall be elected from each such district by only the electors of such district by majority vote. Post 1, Post 2, and Post 3 shall be and correspond to those three numbered districts as described in the districting plan attached to and made a part of this Act and further identified as Plan Name: peachprop1-3dist Plan Type: Local User: Shantee Administrator: H051. (d) When used in such attachment, the terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a tract description which are underneath a 'BG' heading shall mean and describe individual blocks within a block group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the city which is not included in Post 1, Post 2, or Post 3 as described in that attachment describing Post 1, Post 2, and Post 3 shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the city which is described in that attachment describing Post 1, Post 2, and Post 3 as being in Post 1, Post 2, or Post 3 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within the post that is contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the
GEORGIA LAWS 2018 SESSION
3843
United States decennial census of 2000 for the State of Georgia. If any area included within the descriptions of Post 1, Post 2, or Post 3 is on the effective date of this Act within the municipal boundaries of another municipality or within a county other than Gwinnett County, such area shall not be included within the district descriptions of such posts.
SECTION 2.12. Vacancy; filling of vacancies; suspensions.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon such person's failing or ceasing to reside in the city or upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. (c) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
SECTION 2.13. Compensation and expenses.
The mayor and each councilmember shall receive compensation for their services as provided by ordinance.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's
3844
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
official duties or would tend to impair the independence of that person's judgment or action in the performance of his or her official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization, or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (c) Disclosure. Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest, and such disclosure shall be entered on the records of the city council, and that person shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected.
GEORGIA LAWS 2018 SESSION
3845
(g) Political activities of certain officers and employees. No appointed officer or employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with his or her duties as a city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise. (h) Penalties for violation.
(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment, election to, or employment in a city government position for a period of three years thereafter.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and in the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance.
SECTION 2.16. General power and authority of the city council.
(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Peachtree Corners and may enforce such ordinances by imposing penalties for violation thereof.
3846
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.17. Organizational meetings.
The city council shall hold an organizational meeting as provided by ordinance in January of each even-numbered year. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly elected members as follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof, as well as the Constitution and laws of the State of Georgia and the United States of America."
SECTION 2.18. Meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible, as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 2.19. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
GEORGIA LAWS 2018 SESSION
3847
SECTION 2.20. Quorum; voting.
Four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the journal; but any councilmember shall have the right to request a roll-call vote, and such vote shall also be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as a negative vote.
SECTION 2.21. Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Peachtree Corners..." and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be considered for adoption the same day it is introduced, except for emergency ordinances provided for in Section 2.23 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.22. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.23. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be
3848
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not preclude reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law, and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION 2.24. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.25. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the city council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Peachtree Corners, Georgia." Copies of the code shall be furnished to
GEORGIA LAWS 2018 SESSION
3849
all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.26. Election of mayor; forfeiture; compensation.
The mayor shall be elected and shall serve for a term of four years and until the mayor's successor is elected and qualified. The mayor shall be elected at large by majority vote. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of his or her service. The mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.27. Mayor pro tempore.
By a majority vote, the councilmembers shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the councilmembers. The mayor pro tempore shall sign all contracts and ordinances in which he or she has a disqualifying financial interest as provided in Section 2.14 of this charter.
SECTION 2.28. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits;
3850
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember.
SECTION 2.29. City manager; appointment; qualifications; compensation.
(a) The mayor shall appoint, subject to confirmation by the city council, for an indefinite term, an officer whose title shall be the "city manager," and the city manager shall serve at the pleasure of the city council. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and actual experience in and knowledge of the duties of office as hereinafter prescribed. The city manager shall receive such compensation as the city council shall determine appropriate. (b) The city manager shall be the chief executive and administrative officer of the city. The manager shall be responsible to the mayor and city council for the management and administration of all city affairs placed in the manager's charge by or under this charter.
SECTION 2.30. City manager: powers and duties enumerated.
The city manager shall have the power, and it shall be his or her duty to: (1) Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager, and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year;
GEORGIA LAWS 2018 SESSION
3851
(7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.
SECTION 2.31. City council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.15 of the city charter, the mayor and the city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the mayor, nor the city council nor its members shall give orders directly to any such officer or employee, either publicly or privately.
SECTION 2.32. Removal of city manager.
The city manager shall be employed at will and may be summarily removed from office at any time by the city council.
SECTION 2.33. Acting city manager.
By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties of and shall establish, abolish, alter, consolidate, or leave vacant all
3852
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the city manager shall be appointed by the city manager. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the city manager, unless otherwise provided by law or ordinance.
SECTION 3.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of his or her office; such oath shall be prescribed by ordinance and administered by the mayor. (g) All members of boards, commissions, or authorities of the city serve at will and may be removed at any time by the mayor and council unless otherwise provided by law.
GEORGIA LAWS 2018 SESSION
3853
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.12. City attorney.
(a) The city manager shall appoint, subject to confirmation by the city council, a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the city council as directed, shall advise the mayor and council and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of such person's position as city attorney. (b) The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, in lieu of an individual, may be designated as the city attorney.
SECTION 3.13. City clerk.
The city manager shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records, maintain city council records required by this charter, and perform such other duties as may be required by the city council.
SECTION 3.14. Position classification and pay plans.
The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
3854
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.15. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Peachtree Corners.
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, be a member of the State Bar of Georgia, and possess all other qualifications required by law. All judges shall be appointed by the mayor, subject to confirmation by the city council. (c) Compensation of the judges shall be fixed by ordinance. (d) Any individual appointed as a judge shall serve for a minimum term of one year and until a successor is appointed or if the judge is removed from office as provided in Code Section 36-32-2.1 of the O.C.G.A. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.
GEORGIA LAWS 2018 SESSION
3855
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Gwinnett County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
3856
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk and be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to such proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11. Regular elections; time for holding.
There shall be a municipal general election held biennially in odd-numbered years on the Tuesday next following the first Monday in November. There shall be elected the mayor and three councilmembers at one election and at every other election thereafter. The remaining councilmember seats shall be filled at the election alternating with the first election, so that a continuing body is created.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices, and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by majority vote.
The councilmembers from Post 1, Post 2, and Post 3 shall be elected by a majority vote of the electors of their respective districts. The mayor and councilmembers from Post 4, Post 5, and Post 6 shall be elected by a majority vote of the votes cast for each position by the electors of the city at large.
GEORGIA LAWS 2018 SESSION
3857
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) A councilmember, the mayor, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Peachtree Corners.
3858
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
The city council by ordinance shall establish a millage rate for the city property tax which shall not exceed 1 mill, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Licenses; permits; fees.
The city council by ordinance shall have the power to require businesses or practitioners doing business in this city to obtain a permit for such activity from the city and pay a regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
GEORGIA LAWS 2018 SESSION
3859
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration and terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years, and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for services provided or made available within and outside the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners. If unpaid, such charges shall be collected as provided in Section 6.18.
3860
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.17. Construction; other taxes.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
GEORGIA LAWS 2018 SESSION
3861
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. Budget ordinance.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. The city council shall also comply with the budgeting and auditing provisions of Chapter 81 of Title 36 of the O.C.G.A.
SECTION 6.25. Operating budget.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget provided for in Section 6.29 of this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
3862
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.26. Action by city council on budget.
(a) The councilmembers may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than June 15 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Levy of taxes.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
GEORGIA LAWS 2018 SESSION
3863
SECTION 6.29. Capital improvements.
(a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements plan, with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than June 15 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.31. Procurement and property management.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.19 of this charter.
3864
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.32. Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of property.
(a) The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
GEORGIA LAWS 2018 SESSION
3865
SECTION 7.11. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city and not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 180 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue, and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
SECTION 7.14. Construction and definitions.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
ARTICLE VIII REPEALER
SECTION 8.10. Specific repealer.
An Act to incorporate the City of Peachtree Corners, approved May 11, 2011 (Ga. L. 2011, p. 3729), and all Acts amendatory thereto are hereby specifically repealed.
3866
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 8.11. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A Lying entirely within Gwinnett County, a political subdivision of the State of Georgia, and beginning at the point where the counties of Fulton, DeKalb and Gwinnett intersect, thence following the county line common between Fulton and Gwinnett counties in a generally northeasterly direction to the point where the Fulton/Gwinnett boundary line intersects the Chattahoochee River; thence running in a generally northeasterly direction following the Fulton/Gwinnett boundary line along the southern bank of the Chattahoochee River, following the meanderings thereof, to the point where the county boundary line intersects the southwestern boundary line of the City of Berkeley Lake; thence running in a generally southern direction following the municipal boundary line of the City of Berkeley Lake to a point where the said boundary line intersects with the City of Duluth municipal boundary; thence running along the municipal boundary of the City of Duluth until it intersects with the centerline of Buford Highway; thence running generally southwest along the centerline of Buford Highway to the point where said centerline intersects the municipal boundary line of the City of Norcross; thence following said municipal boundary in a generally southwesterly direction to the intersection of Buford Highway and Jimmy Carter Boulevard; thence continuing in a southwesterly direction along the centerline of Buford Highway to the point where said centerline intersects the boundary line common between DeKalb and Gwinnett counties; thence in a generally northwest direction along the DeKalb/Gwinnett boundary line to the point of beginning.
Plan Name: peachprop1-3dist Plan Type: Local User: Shantee Administrator: H051
Redistricting Plan Components Report
District 001 Gwinnett County
Tract: 503.04 BG: 1 1000 1003 1011 1012 BG: 2 BG: 8 Tract: 503.06 BG: 1 1011 1012 1017 1019 1025
GEORGIA LAWS 2018 SESSION
BG: 2 2006 2007 Tract: 503.15 Tract: 503.16 BG: 1 1004 1005 1006 1007 1008 1999 BG: 3 BG: 4 4001 4002 4003
District 002 Gwinnett County
Tract: 503.07 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2996 2997 BG: 3 3004 3005 BG: 4 4007 BG: 6 Tract: 503.08 BG: 1 1018 1019 1020 1021 Tract: 503.10 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3030 3033 3036 3037 3040 3041 3998 3999 Tract: 503.16 BG: 1 1000 1001 1002 1003 BG: 4 4000 BG: 7
District 003 Gwinnett County
Tract: 502.06
3867
3868
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
BG: 1 1018 1995 Tract: 503.07 BG: 2 2998 2999 BG: 3 3000 3001 3002 3003 BG: 4 4000 4001 4002 4003 4004 4005 4006 4008 Tract: 503.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1022 1997 1998 1999 Tract: 503.09 BG: 1 BG: 2 BG: 3 3011 3012 3013 3014 3015 3016 3017 BG: 4 4003 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 Tract: 503.11 BG: 1 1000 1001 1002
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide a new charter for the City of Peachtree Corners; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Scott Hilton, Representative from District 95, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
GEORGIA LAWS 2018 SESSION
3869
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Gwinnett Daily Post, which is the official organ of Gwinnett County, on the 26th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ SCOTT HILTON Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 7, 2018.
__________
CITY OF VILLA RICA NEW CHARTER.
No. 457 (House Bill No. 1031).
AN ACT
To provide a new charter for the City of Villa Rica; to provide for incorporation, boundaries, powers, and construction; to provide for exercise of powers; to provide for the composition, creation, election, qualifications, compensation and expenses of the governing authority; to provide for prohibitions and a code of ethics; to provide for inquiries and investigations; to provide for general power and authority of the council; to provide for the powers and duties
3870
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the mayor; to provide for the organization of the council and the mayor pro tem; to provide for meetings and voting of the governing authority; to provide for action requiring an ordinance; to provide for codes of technical regulations; to provide for signing, authenticating, recording, codification and printing of ordinances; to provide for submission of ordinances and resolutions to the mayor; to provide for administrative and service departments; to provide for a prohibition of the mayor or city council interfering with the city administration; to provide for boards, commissions, and authorities; to provide for a city manager, city clerk, city attorney, tax collector and city accountant; to provide for employment matters; to provide for a municipal court, its judges, jurisdiction, and powers; to provide for certiorari and rules of the court; to provide for elections and terms of office; to provide for qualifying, nomination of candidates and absentee ballots; to provide for special elections and vacancies; to provide for removal of officers; to provide for property taxes, tax levies, tax due dates and tax bills, and the collection of delinquent taxes; to provide for licenses, occupational taxes and excise taxes; to provide for a sewer service charge and a sanitary and health service charge; to provide for special assessments; to provide for transfer of executions; to provide for bonds and notes; to provide for a fiscal year; to provide for the submission of the budget to the city council and action by the council on the budget; to provide for additional appropriations; to provide for contract procedures and property management; to provide for municipal services and utilities; to provide for eminent domain; to provide for the power to regulate and license; to provide the power to grant franchises; to provide for regulations regarding building, housing, electrical and plumbing; to provide for zoning powers; to provide for prior ordinances, rules and regulations, existing personnel and officers, penalties, official bonds, and construction; to provide for other matters relative to the foregoing; to provide a specific repealer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I CREATION, INCORPORATION, POWERS
SECTION 1.10. Incorporation.
The City of Villa Rica, Georgia, in the Counties of Carroll and Douglas, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Villa Rica, Georgia. Under that name, said city shall continue to be invested with all the property which now belongs to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may
GEORGIA LAWS 2018 SESSION
3871
exercise in conformity with this charter all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever.
SECTION 1.11. Corporate boundaries.
The boundaries of the City of Villa Rica shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of Villa Rica, at all times, shall be shown on a map, a written legal description or any combination thereof, to be retained permanently in the office of the city manager and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Villa Rica, Georgia." Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or legal description. Such entries or additions shall be made by and under the direction of the mayor. Photographic, typed, or other copies of such map or description certified by the city manager shall be admitted in evidence in all courts and shall have the same force and effect as with the original map or description.
SECTION 1.12. Specific powers.
The corporate powers of the government of the City of Villa Rica, to be exercised by the governing authority, may include the following:
(1) To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and provide for the collection of license fees and taxes on privileges, occupations, trades, and professions, and to license and regulate such privileges, occupations, trades, and professions and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia and to provide for the payment of expenses of the city; (4) To appropriate and borrow money for the payment of debts of the city, and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple, or lesser interest, inside or outside the property limits of the city; (6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;
3872
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(7) To condemn property, inside or outside the corporate limits of the city for present or future use, and for any corporate purpose deemed necessary by the governing authority, under O.C.G.A. Title 22 or under oath applicable Public Acts as are or may be enacted; (8) To acquire, lease, construct, operated, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public services; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the public service commission; (10) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys and walkways within the corporate limits of the city; (11) To grant franchise and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under O.C.G.A. Title 22, or other applicable Public Acts, as are or may be enacted; (13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate and establish minimum standards for the construction and repair of buildings and all other structures, electrical wiring and equipment, gas installation and equipment, plumbing and housing; to adopt building, housing, plumbing, electrical, gas and heating and air conditioning codes; to license all building trades and to license the construction and erection of buildings and all other structures; and to provide for the enforcement of such standards; (15) To provide for the prevention and punishment of drunkenness and public disturbances; (16) To regulate or prohibit junk dealers; pawnshops; the manufacture, sale, or transportation of intoxicating liquors; and to regulate the transportation, storage and use of
GEORGIA LAWS 2018 SESSION
3873
combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (18) To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city, and to prescribe penalties and punishment for violation of such ordinances; (19) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (21) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting, and to prescribe penalties and punishment for violation thereof; (22) To provide for the destruction and removal of any building or other structure which may become dangerous or detrimental to the public; (23) To provide for the collection, method of collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper and other recyclable materials and to provide for the sale of such items; (24) To levy, fix, assess and collect a garbage, refuse and trash collection and disposal and other sanitary service charge or fee, for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges and fees and to provide for the manner and method of collecting such service charges; (25) To levy a fee, charge or sewer assessment as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewerage disposal plant and sewerage system and to levy on the users of sewers and the sewerage system a sewer service assessment or sewer fee for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (26) To charge, impose and collect a sewer connection fee or fees and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (27) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city and to provide for the enforcement of such standards; (28) To define a nuisance and provide for its abatement whether on public or private property;
3874
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(29) To provide for the preservation and protection of property and equipment of the city and administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (30) To provide that persons given jail sentences in the municipal court shall work out such sentence in any public works or on the streets, roads, drains and squares in the city; or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (31) To adopt ordinances and regulations for the prevention of disorderly conduct and disturbing the peace in the corporate limits of the city and to prohibit or regulate by ordinance such other conduct and activities within said city, which while not constituting an offense against the laws of this state, are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereto; (32) To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; and to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance enacted hereunder; (33) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (34) To provide and maintain a system of pensions and retirement for officers and employees of the city; (35) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (36) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (37) To create, alter, or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred or delegated to same; (38) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof and for preserving the health, peace, order and good government of the city; (39) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (40) To exercise the power of arrest through duly appointed policemen; (41) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; and
GEORGIA LAWS 2018 SESSION
3875
(42) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.13. General powers.
In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein, and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter.
SECTION 1.14. Construction.
The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs.
SECTION 1.15. Exercise of powers.
All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this charter. If this charter makes no provision such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia.
3876
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE II GOVERNING BODY
SECTION 2.10. Creation; composition; number; election.
The legislative authority of the government of the City of Villa Rica except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The mayor and councilmembers shall be elected in a manner provided by Article V of this charter.
SECTION 2.11. Qualifications for office.
(a) No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city for a period of not less than one year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his or her period of service and shall be registered and qualified to vote in municipal elections of the City of Villa Rica and unless he or she shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. (b) No person shall be eligible as a candidate for the office of councilmember or to remain in office as a councilmember, unless he or she shall reside in the ward for which he or she is elected.
SECTION 2.12. Compensation and expenses.
The mayor and councilmembers shall receive as compensation for their services an amount prescribed by ordinance passed by the council in conformity with the laws of the State of Georgia. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office as prescribed by ordinance.
SECTION 2.13. Prohibitions.
(a) Holding other office. Except as authorized by law, no member of the council shall hold any other elective city office or city employment during the term for which he or she was elected. (b) Voting when personally interested. Neither the mayor nor any other member of the council shall vote upon any question in which he or she is personally interested. The mayor
GEORGIA LAWS 2018 SESSION
3877
and councilmembers shall abide by the "Code of Ethics and Prohibited Practices" incorporated in this charter as "Appendix A."
SECTION 2.14. Inquiries and investigations.
The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
SECTION 2.15. General power and authority of the council.
(a) Except as otherwise provided by law or by this charter, the council shall be vested with all the powers of government of the City of Villa Rica as provided by Article I of this charter and state law. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient or helpful for the peace, good order, protection of life and property, health, welfare, aesthetics, sanitation, comfort, convenience, prosperity or well-being of the inhabitants of the City of Villa Rica and may enforce such ordinances by imposing penalties for violation thereof. (c) The council may by ordinance create, change, alter, abolish or consolidate offices, agencies and departments of the city and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter.
SECTION 2.16. Powers and duties of mayor.
The mayor shall be the chief executive official of the city and chief advocate of policy. He or she shall preside at meetings of the council, shall sign ordinances and resolutions, except as otherwise provided by this charter, shall sign deeds, bonds, contracts, and other instruments or documents when authorized by the council to do so. The mayor shall vote only in case of a tie. The mayor shall perform such other duties as may be imposed by this charter or by ordinance of the council not inconsistent therewith.
3878
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.17. Reserved.
SECTION 2.18. Reserved.
SECTION 2.19. Reserved.
SECTION 2.20. Organization of council; mayor pro tem.
(a) The new councilmembers shall be sworn in by any officer authorized by law to administer an oath and the oath of office shall be administered as required by state law. (b) Following the induction of members, the council by majority vote of all the members thereof shall elect one of their members to be mayor pro tem, who shall serve for a term of one year and until his or her successor is elected and qualified. The mayor pro tem shall preside at meetings of the council in the temporary absence of the mayor. (c) In the event the mayor is unable to carry out his or her designated duties due to vacation of office, or some other unforeseen circumstance, the mayor pro tem shall immediately assume the position of interim mayor pending a special election to fill the vacancy or other resolution of the vacancy or pursuant to state law. The interim mayor shall have all of the powers of the mayor, with the exception of the power of veto. The interim mayor shall retain his or her right to vote as a member of the council. Once the vacancy in the office of the mayor is resolved by law then the interim mayor shall revert back to his or her prior status on the council. (d) If the mayor pro tem shall become the interim mayor pursuant to the provisions of subsection (c) of this section, then the council shall elect a new mayor pro tem to complete the term of the previous mayor pro tem. If the interim mayor should leave office as set forth in the provisions of subsection (c) of this section, then the new mayor pro tem will become the interim mayor. (e) The interim mayor shall preside at meetings of the city council upon the mayor's absence or due to vacation of office, suspension from office, or other unforeseen circumstance preventing the mayor from temporarily carrying out the duties of the office. The interim mayor shall have no veto power and shall not assume any other powers of the mayor except that the interim mayor shall be authorized to sign contracts, ordinances, and resolutions the mayor shall sign pursuant to Section 2.16. When presiding at meetings of the city council, the interim mayor may vote on all matters and in all instances in which he or she would be authorized to vote if he or she were not presiding.
GEORGIA LAWS 2018 SESSION
3879
SECTION 2.21. Regular and special meetings.
(a) The council shall hold regular meetings at such places and times as prescribed by ordinance. The council may recess any regular meeting and continue such meetings on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor with the consent of at least two members of the council or upon the call of three councilmembers. Notice of such special meetings shall be served on all other members by e-mail personally, by telephone personally, or shall be left at their residences at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor and all councilmembers are present when the special meeting is called. (c) All meetings of the council shall be public.
SECTION 2.22. Rules of procedure.
The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be of a public record.
SECTION 2.23. Quorum; voting.
The mayor (or mayor pro tem when presiding) and three councilmembers shall constitute a quorum and shall be authorized to transact business of the council. In the absence of the mayor, three councilmembers may constitute a quorum for the purpose of transacting business. Voting on the adoption of ordinances shall be taken by hand vote and the votes shall be recorded in the journal. When a quorum is present, the affirmative vote of a majority of those councilmembers present shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter.
SECTION 2.24. Action requiring an ordinance.
(a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "The Council of the City of Villa Rica, Georgia, hereby ordains ...."
3880
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other places as the council may designate. (c) Formal action by the council on matters of a special or temporary character generally limited to one subject may be made by resolution. Resolutions may be introduced by any member of the council or their designees. Resolutions shall be considered or adopted or rejected by the council in accordance with the rules which it shall establish.
SECTION 2.25. Codes of technical regulations.
(a) The council may adopt any standard code of technical regulations by reference thereto in any adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally, except that:
(1) The requirements of Section 2.24(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.27. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk or city manager shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose of recording all ordinances adopted by the council. (b) The council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly, together with all amendments thereto, with this charter, any amendment thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Villa Rica, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the council. (c) The council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption and the printed ordinance and charter amendments shall be
GEORGIA LAWS 2018 SESSION
3881
made available for purchase by the public at reasonable prices to be fixed by the council. Following publication of the first Code of the City of Villa Rica, Georgia, and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.27. Submission of ordinances, resolutions to the mayor; veto power.
(a) Every ordinance and written resolution adopted by the city council shall be presented promptly by the city clerk to the mayor with a transmittal sheet showing the date the document is presented to the mayor. Except as provided in subsection (d) of this section, no ordinance or written resolution adopted with five affirmative votes of the city council may be disapproved by veto of the mayor. (b) The mayor, within three calendar days of receipt of an approved ordinance or resolution, shall return it to the city clerk with or without the mayor's approval or with the mayor's disapproval. If the ordinance or resolution has been approved by the mayor, it shall become law upon its return to the city clerk. If the ordinance or resolution is neither approved nor disapproved by the mayor, it shall become law at 12:00 noon on the third full calendar day after its adoption. If the ordinance or resolution is disapproved by the mayor, the mayor shall submit to the city council through the clerk a written statement of the reasons for the veto. The clerk shall record upon the ordinance or resolution the date of its delivery to and receipt from the mayor. (c) Ordinances or resolutions vetoed by the mayor shall be presented by the clerk to the city council at its next meeting, If the city council then adopts the ordinance or resolution by an affirmative vote of four members, it shall become law. A majority of a quorum of the council may delay a vote on the override of a veto to a meeting no later than 30 days subsequent to the date the mayor submits a written statement of reasons for the veto to the clerk. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance within three calendar days from its adoption. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the councilmembers over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
3882
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE III EXECUTIVE BRANCH
SECTION 3.10. Administrative and service departments.
(a) The council, by ordinance, may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city, as they may deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees and positions as may be provided by this charter or by ordinance and shall be subject to the direct supervision and guidance of the city manager and to the general supervision and guidance of the mayor and council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council.
SECTION 3.11. Council's interference with administration.
The mayor and councilmembers shall not attempt to direct city officers and employees who are subject to the direction and supervision of the city manager, and shall not give orders to any such officer or employee, either publicly or privately. The city council when acting as a body pursuant to this charter does retain the right to control and direct city operations.
SECTION 3.12. Boards, commissions, and authorities.
(a) All members of boards, commissions and authorities of the city shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance,
GEORGIA LAWS 2018 SESSION
3883
except where another appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable state law. (b) No voting member of any board, commission or authority shall hold any elective office in the city, except as may be specifically allowed by city ordinance or state law. (c) Any vacancy in office of any member of a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for the original appointment, except as otherwise provided by this charter or any applicable state law. (d) No member of any board, commission or authority shall assume office until he or she shall have executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of a board, commission or authority serves at will of the city council and may be removed from office by a vote of a majority of the members of the city council. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, and authorities shall be prescribed by ordinance. (h) Except as otherwise provided by this charter or by applicable state law, each board, commission or authority of the city government shall elect one of its members as chair and one member as vice chair for terms of one year. The board, commission, or authority may elect a city employee to serve as a non-voting clerk to the body. Each board, commission or authority of the city government may establish (after appointment by the councilmembers) such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city.
SECTION 3.13. Reserved.
SECTION 3.14. Reserved.
SECTION 3.15. Reserved.
SECTION 3.16. Reserved.
SECTION 3.17. Reserved.
3884
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.18. Reserved.
SECTION 3.19. Reserved.
SECTION 3.20. City manager: appointment, qualification and compensation.
The council may appoint, for an indefinite term, an officer whose title shall be city manager. The manager may be appointed solely on the basis of his or her executive and administrative qualifications with special reference to his or her educational background and his or her actual experience in and knowledge of, the duties of office as hereinafter prescribed. The manager shall serve at the pleasure of the council. At the time of his or her appointment, the city manager need not be a resident of the city and neither shall he or she be required to reside therein during his or her tenure of office.
SECTION 3.21. Chief administrative officer.
The manager shall be chief administrative officer of the government of the City of Villa Rica. He or she shall be responsible to the council for the proper and efficient administration of the affairs of the city.
SECTION 3.22. Powers and duties.
As chief administrative officer, the city manager shall have the power to appoint and remove all city officers and department directors with the approval of the council. He or she shall also have such other powers and duties as are vested in him or her by this charter and by ordinance.
SECTION 3.23. Removal of city manager.
The city manager is employed at will and may be summarily removed from office at any time by the city council subject to the terms of any employment agreement.
SECTION 3.24. Reserved.
GEORGIA LAWS 2018 SESSION
3885
SECTION 3.25. Reserved.
SECTION 3.26. Reserved.
SECTION 3.27. Reserved.
SECTION 3.28. Reserved.
SECTION 3.29. Reserved.
SECTION 3.30. City clerk.
The city manager shall appoint a city clerk to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the city manager may direct.
SECTION 3.31. Tax collector.
The city manager may appoint, subject to the approval of the city council, a tax collector to collect all taxes, licenses, fees and other monies belonging to the city, subject to the provisions of this charter and the ordinances of the city, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale or foreclosure of taxes by municipalities.
SECTION 3.32. City attorney.
(a) The city manager, subject to the approval of the city council, shall appoint and may terminate a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city
3886
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of the person's position as city attorney. (b) The city attorney is not a public official of the city and does not take an oath of office. A law firm, rather than an individual, may be designated as the city attorney.
SECTION 3.33. City accountant.
The city manager may appoint or terminate, subject to the approval of the city council, a city accountant to perform the duties of an accountant.
SECTION 3.34. Consolidation of functions.
The city manager, with the approval of the council, may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of appointing other persons to perform the same.
SECTION 3.35. Reserved.
SECTION 3.36. Reserved.
SECTION 3.37. Reserved.
SECTION 3.38. Reserved.
SECTION 3.39. Reserved.
GEORGIA LAWS 2018 SESSION
SECTION 3.40. Position classification and pay plans.
3887
The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the council for approval. Said plans may apply to all employees of the City of Villa Rica and of any of its agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the grade or step categories of individual employees except by amendment of said plan.
SECTION 3.41. Personnel policies.
(a) Unless otherwise provided for by ordinance duly adopted by the city council or by contract approved by the city council, all city employees shall be at-will employees. (b) The council shall adopt rules and regulations consistent with this charter concerning:
(1) The method of employee selection and probationary periods of employment; (2) The administration of position classification and pay plan, methods of promotion and application of service ratings thereto and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay and the order and manner in which layoffs shall be effected; and (4) Such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Villa Rica.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Municipal court: creation, jurisdiction.
There is hereby established a court to be known as the Municipal Court of the City of Villa Rica, which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and state as allowed by state law and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification
3888
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting. In the case of removal, the council shall follow those requirements set forth in O.C.G.A. 36-32-2.1 or as now or hereafter amended.
SECTION 4.11. Judge.
(a) No person shall be qualified or eligible to serve as judge unless he or she is licensed to practice law in the State of Georgia and an active member in good standing of the State Bar of Georgia; provided, however, that any judge serving on June 30, 2011, who does not meet the qualifications required by O.C.G.A. 36-32-1.1 may serve as municipal court judge so long as such judge is in compliance with O.C.G.A. 36-32-27. (b) The governing authority is authorized to appoint a judge. Such judge shall receive compensation as shall be fixed by the governing authority of the municipal corporation. Any such judge shall serve for a minimum term of one year and until a successor is appointed or if the judge is removed from office. Such term shall be memorialized in a written agreement between such individual and the governing authority of the municipal corporation or in an ordinance. (c) The judge pro tem shall serve in the absence of the judge, shall have the same qualifications as the judge, shall be appointed by the council, and shall take the same oath as the judge. (d) Before entering on duties of his or her office, the judge shall take an oath before an officer duly authorized to administer oaths in this state, that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability, without fear, favor or partiality. The oath shall be entered upon the minutes of the council. (e) The city attorney shall not serve as the judge or judge pro tem of the municipal court.
SECTION 4.12. Convening.
Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.
SECTION 4.13. Powers.
(a) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1,000.00 or 12 months in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or as otherwise may be provided by state law or imprisonment for 12 months
GEORGIA LAWS 2018 SESSION
3889
or both and, in addition, may sentence any offender upon conviction to community service for a period not exceeding 30 days. (b) The municipal court shall have authority to establish a schedule of fees, including an information technology fee, to defray the costs of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to state or superior courts for violation of state laws. (c) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Villa Rica, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served and executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Villa Rica granted by state laws generally to mayor's, recorder's, and police courts, and particularly by such laws as authorize the abatement of nuisance.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Carroll County or of Douglas County, depending upon where the offense occurred, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
3890
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.15. Rules for court.
With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the court shall comply with the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection and, upon request, a copy may be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS SECTION 5.10. Elections; terms of office.
(a) The mayor and councilmembers who are serving as such on January 1, 2018, and any person selected to fill a vacancy in any such office, shall continue to serve as such officers until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. Wards 1, 2, 3, 4, and 5, as they exist on January 1, 2018, shall continue to be designated as Wards 1, 2, 3, 4, and 5, respectively. (b) At the general municipal election in 2019, there shall be elected a mayor and councilmembers to represent Wards 1 and 2. Such officers shall have terms of office expiring December 31, 2023; and their successors shall be elected at the general municipal election in 2023 and quadrennially thereafter for terms of four years. (c) At the general municipal election in 2021, there shall be elected councilmembers to represent Wards 3, 4, and 5. Such officers shall have terms of office expiring December 31, 2025; and their successors shall be elected at the general municipal election in 2025 and quadrennially thereafter for terms of four years. (d) All elections for the office of mayor shall be by the voters of the entire city. Each election for the office of councilmember shall be by the voters of the ward the councilmember is to represent. All elections shall be by a majority (50% plus one) of the votes cast. (e) All general municipal elections shall be held on the Tuesday after the first Monday in November. (f) Persons newly elected as mayor or councilmember at any general municipal election shall take office on January 1 following the election after having received their oath of office. (g) The mayor and all councilmembers shall serve for the terms specified in this section and until their successors are duly elected and qualified. (h) For the purpose of electing members of the city council, Villa Rica is divided into five wards. Such wards shall be and correspond to those five numbered districts described in and
GEORGIA LAWS 2018 SESSION
3891
attached to and made a part of this Act and further identified as 'Plan: villaricaprop1-Tiger2010 Plan Type: Local Administrator: Villa Rica User: Gina'. (i) For the purposes of such plan:
(1) The term "VTD" (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a "VTD" heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (j) Any part of Villa Rica which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (k) Any part of Villa Rica which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (l) The city shall evaluate and redraw, if necessary, the boundaries of the five wards, as soon as practical subsequent to each decennial census.
SECTION 5.11. Qualifying; nomination of candidates; absentee ballots.
The council may by ordinance, when permitted by state law, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of elections in the City of Villa Rica.
SECTION 5.12. Reserved.
SECTION 5.13. Reserved.
SECTION 5.14. Reserved.
3892
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.15. Reserved.
SECTION 5.16. Reserved.
SECTION 5.17. Reserved.
SECTION 5.18. Reserved.
SECTION 5.19. Reserved.
SECTION 5.20. Applicability of general laws.
The procedures and requirements for election of all elected officials of the City of Villa Rica as to primary, special or general elections shall be in conformity with the provisions of state law as now or hereafter amended.
SECTION 5.21. Special elections; vacancies.
In the event that the office of the mayor or councilmember shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within 12 months of the expiration of the term of office of the mayor or councilmember, said vacancy in office may be filled by appointment by the remaining members of the council. Said appointee shall be a qualified person and, if for council, a resident of the unrepresented ward. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Election Code, O.C.G.A. 21-2-1 et seq., as now or hereafter amended.
SECTION 5.22. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code, O.C.G.A. 21-2-1 et seq., as now or hereafter amended.
GEORGIA LAWS 2018 SESSION
3893
SECTION 5.23. Reserved.
SECTION 5.24. Reserved.
SECTION 5.25. Reserved.
SECTION 5.26. Reserved.
SECTION 5.27. Reserved.
SECTION 5.28. Reserved.
SECTION 5.29. Reserved.
SECTION 5.30. Removal of officers.
(a) The mayor or councilmembers shall be removed from office for any one or more of the causes provided in O.C.G.A. Title 45, or such other applicable laws or ordinances as are or may hereafter be enacted. (b) Removal of the mayor or a councilmember pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) By an order of the Superior Court of Carroll County or Douglas County following a hearing on a complaint seeking such removal brought by any resident of the City of Villa Rica. Venue for such action will be determined by the residency of the office subject to the removal action. (2) By an order of the Superior Court of Carroll County or Douglas County following a hearing on a complaint seeking such removal brought by the city pursuant to approval of such action by an affirmative vote of at least four councilmembers. (3) By recall election as provided by state law. (4) By any other method permitted by state law.
3894
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE VI FINANCE AND FISCAL
SECTION 6.10. Property taxes.
All property subject to the taxation for state and county purposes, assessed as of January 1 each year, shall be subject to the property tax levied by the City of Villa Rica. The city will use the county assessment for the year in which the city taxes are to be levied and the county is to furnish appropriate information for such purpose unless otherwise directed by state law. The maximum general operation millage rate will be that permitted by state law.
SECTION 6.11. Tax levy.
The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city as permitted by state law for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services and for any other public purposes as determined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations.
SECTION 6.12. Tax due dates and tax bills.
The council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid and shall provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.13. Collection of delinquent taxes.
The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. The council shall be authorized to impose interest and penalty upon delinquent tax payments as may be authorized by state law. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year. In cases of hardship, the council shall have discretionary
GEORGIA LAWS 2018 SESSION
3895
authority to waive any and all penalties imposed by this charter on delinquent taxes, assessments, or on other amounts due to the city.
SECTION 6.14. Licenses, occupational taxes, excise taxes.
The council by ordinance shall have full power to levy such license and specific or occupational taxes upon the residents of the City of Villa Rica, both individual and corporate, and on all those who transact or offer to transact business therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses, by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law.
SECTION 6.15. Sewer service charges.
The council by ordinance shall have the right, power and authority to assess and collect fees, charges and tolls for sewer services rendered both within and without the corporate limits of the City of Villa Rica, to provide for the cost and expense of providing for the collection and disposal of sewage through the sewage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.
SECTION 6.16. Sanitary and health service charge.
The council shall have authority by ordinance to provide for, to enforce, to levy and collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations, residing in or doing business in said city benefiting from such services, Such authority shall include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such amount or amounts and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed and the owner or owners thereof, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.
3896
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.17. Special assessments.
The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, or improving any public way, street, sidewalk, curbing, gutters, sewers, water systems, gas systems or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 percent and shall thereafter be subject to interest at the rate of 7 percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedure and under the same remedies as provided for in this article for city property taxes.
SECTION 6.18. Transfer of executions.
The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax, or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law, regarding sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the city, the owner of such property, in fee simple or lesser interest, shall not lose his or her right to redeem the property in accord with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or may be hereinafter provided by law.
SECTION 6.19. General obligation bonds.
The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as permitted by state law, as now or hereafter amended, or by any other Georgia law as now or hereafter provided.
GEORGIA LAWS 2018 SESSION
3897
SECTION 6.21. Short-term notes.
Pursuant to applicable state law, the city may obtain temporary loans between January 1 and December 31 of each year.
SECTION 6.22. Reserved.
SECTION 6.23. Reserved.
SECTION 6.24. Reserved.
SECTION 6.25. Reserved.
SECTION 6.26. Reserved.
SECTION 6.27. Reserved.
SECTION 6.28. Reserved.
SECTION 6.29. Reserved.
SECTION 6.30. Fiscal year.
The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency and activity of the city government, unless otherwise provided by state or federal law.
3898
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.31. Preparation of the budget.
The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual budget, including requirements as to the scope, content, and form of such budget.
SECTION 6.32. Submission of the budget to the city council.
On or before a date fixed by the council, the city manager shall submit to the council a proposed budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanation of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he or she may deem pertinent. The budget, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.33. Action by council on budget.
(a) The council may amend the budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditure required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The council shall adopt the final budget for the ensuing fiscal year no later than the last day of the previous fiscal year. If the council fails to adopt the budget by this date, the amounts appropriated for operation for the current year shall be deemed adopted for the ensuing fiscal year on a month to month basis, with all items prorated accordingly until such time as the council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organization unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable unless authorized by the council. (d) The council shall be authorized to establish a tax millage rate each year after the submission of the budget to the council to ensure that the necessary revenue will be available to meet the appropriations provided for in the budget. The tax millage rate levied by the
GEORGIA LAWS 2018 SESSION
3899
council shall not exceed 13 mills to cover general operating expenses. An additional millage rate may be levied for the retirement of bonded indebtedness.
SECTION 6.34. Property tax levies.
Following adoption of the budget, the council shall levy, by ordinance, an annual tax on all real and personal property within the City of Villa Rica. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual budget for defraying the expenses of the general government of the City of Villa Rica.
SECTION 6.35. Additional appropriations.
The council may make appropriations in addition to those contained in the current budget, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies.
SECTION 6.36. Reserved.
SECTION 6.37. Reserved.
SECTION 6.38. Reserved.
SECTION 6.39. Reserved.
SECTION 6.40. Procurement and property management; contracting procedures.
All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced to writing and approved by the council. All contracts and all ordinances or resolutions making contracts or authorizing the same shall be drawn by the city attorney or shall be submitted to him or her before authorization by the council.
3900
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.41. Centralized purchasing.
(a) The council shall, by ordinance, prescribe procedures for a system of centralized purchasing for the City of Villa Rica. (b) The council may sell and convey any real or personal property owned or held by the City of Villa Rica for governmental or other purposes in accordance with state law and the ordinances of the city.
ARTICLE VII MUNICIPAL SERVICES AND REGULATORY FUNCTIONS
SECTION 7.10. Municipal services; streets.
The council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon and otherwise to exercise complete control over the streets, alleys, squares and sidewalks of the City of Villa Rica. The council shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys, or sidewalks or other public places within the city and shall adopt appropriate ordinances to accomplish this purpose.
SECTION 7.11. Municipal utilities.
The council shall have the power and authority to acquire, own, hold, build, maintain and operate a system of waterworks, electric lights, sewerage and gas distribution; to establish rates and charge fees for services rendered in any of said systems; to finance any of said systems through appropriate bond issues in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both within and without the corporate limits; and to contract to furnish the services of said systems to consumers outside the corporate limits of the City of Villa Rica.
SECTION 7.12. Sewers and drains.
The council shall have the power and authority to provide for the establishment, extension and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes the city is granted the power of eminent domain both within and without the corporate limits. The council may provide by ordinances for reasonable connection fees for tapping on to the water and sewer lines of said city and may compel citizens to tap into the
GEORGIA LAWS 2018 SESSION
3901
same when such services are made available. They may cause said connection to be made when the owners refuse and issue executions to be made for the amount so expended, which execution shall create a lien on the property connected with said water and sewerage system from the date of the order or connection.
SECTION 7.13. Rights-of-way.
The City of Villa Rica shall have the right, easement and franchise of laying the necessary mains, pipes, conduits and drains, for waterworks and sewerage system purposes along the highways in the Counties of Carroll and Douglas; to have full power and authority to enact and enforce such rules, regulations, and ordinances as may be necessary to protect the water basin and watershed, from which the water supplies are taken, from contamination; and to protect said waterworks and sewerage system, including the mains, pipes and conduits whether the same be situated within or without the corporate limits of said city.
SECTION 7.14. Eminent domain.
The council is hereby empowered to acquire, construct, build, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under O.C.G.A. Title 22 or O.C.G.A. Title 32, subject to such amendments as shall be enacted, or any other applicable Georgia law.
SECTION 7.15. Reserved.
SECTION 7.16. Reserved.
SECTION 7.17. Reserved.
SECTION 7.18. Reserved.
3902
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.19. Reserved.
SECTION 7.20. Power to regulate and license.
The council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession, or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the City of Villa Rica, regardless of whether or not the subject has an office or establishment within said city. The council shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and laws of the United States and State of Georgia. This power is conferred for the purpose of regulations under the police powers of the city and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee on the privilege of operating within the city. This authority extends over individuals, partnerships, associations, corporations and their agents and any other legal entity capable of transacting business.
SECTION 7.21. Franchises.
The council shall have the authority to exercise control over the streets of the City of Villa Rica. The power is hereby conferred upon the council to grant franchises for the use of said city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, gas companies and transportation. This franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipes, lines or conduits both above and below the ground surface. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive and the consideration of such franchises. The council shall provide for the registration of all franchises with the city clerk in the registration book to be kept by him or her. The council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
SECTION 7.22. Building, housing, electrical and plumbing regulations.
The council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the council, be exercised by
GEORGIA LAWS 2018 SESSION
3903
adoption of any such standard building, housing, gas, heating and air conditioning, electrical, and plumbing codes as may be deemed appropriate. The council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted and to charge reasonable fees of inspections and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, electrical or plumbing work. The council may enact all ordinances necessary to enforce such rules and regulations.
ARTICLE VIII Reserved.
ARTICLE IX ZONING
SECTION 9.10. Zoning powers.
The mayor and council shall have the power to adopt zoning ordinances which shall set forth the zoning rules and regulations and the zoning map within the city in accordance with state law.
ARTICLE X GENERAL PROVISIONS
SECTION 10.10. Official bonds.
The officers and employees of the City of Villa Rica, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require.
SECTION 10.11. Existing ordinances and regulations.
Existing ordinances and regulations of the City of Villa Rica, not inconsistent with the provisions of this charter, shall continue in effect until they have been repealed, modified or amended by the council. Existing rules and regulations of departments or agencies of the City of Villa Rica, not inconsistent with the provisions of this charter, shall continue in effect until they have been repealed, modified or amended.
3904
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 10.12. Section captions.
The captions to the sections of this charter are informative only and are not to be considered as a part thereof.
SECTION 10.13. Construction.
(a) The word "shall" is mandatory and the word "may" is permissive. (b) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (c) The use of gender defining nouns or pronouns is unintentional and should be read as being inclusive of all persons.
SECTION 10.14. Penalties.
The violation of any provisions of this charter, for which a penalty is not specifically provided for in this charter, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 12 months or community service not to exceed 30 days, or any combination of such fine, imprisonment, and community service.
SECTION 10.15. Specific repealer.
An Act incorporating the City of Villa Rica in the Counties of Carroll and Douglas, approved April 25, 1975 (Ga. Laws 1975, page 4575), as amended, is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. It is the specific intent of this Act to replace and supersede all acts of incorporation and amendments to the charter for the city.
SECTION 10.16. General repealer.
All laws and parts of laws in conflict with this Act are hereby repealed.
GEORGIA LAWS 2018 SESSION APPENDIX A. - CODE OF ETHICS AND PROHIBITED PRACTICES
3905
SECTION 1. Conflict of interest.
No elected official, appointed officer, or employee of the city or any agency or political entity to which this code of ethics applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties, or would tend to impair his or her independence of his or her judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government or affairs of the governmental body by which he or she is employed without proper authorization, or use such information to advance the financial or other private interest of himself or herself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, promise, from any person, firm or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is employed; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent private interest in any action or proceeding against the council by which he or she is employed; or (6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest.
SECTION 2. Disclosure.
Any elected official, appointed officer, or employee of the city government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the council. The mayor or any councilmember who has a private interest in any matter pending before the council shall disclose such private interest and such disclosure shall be entered on the records of the council and he or she shall disqualify himself from participating in any decision or vote thereto. Any elected official, appointed officer or employee of any agency or political entity to which this code of ethics applies who shall have any private financial interest,
3906
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
directly or indirectly, in any contract or matter pending before or within such agency or entity shall disclose such private interest to the governing body of such agency or entity.
SECTION 3. Use of public property.
No elected official, appointed officer, or employee of the city or any agency or any agencies or entity to which this code of ethics applies shall use property owned by such governmental body for personal benefit, convenience or profit except in accordance with policies promulgated by the council or the governing body of such agency or entity.
SECTION 4. Contracts voidable and rescindable.
Any violation of this code of ethics which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contract or sale voidable as to that party, at the option of the council.
SECTION 5. Ineligibility of elected officials.
Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he or she was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he or she was elected.
SECTION 6. Political activities of certain officers and employees.
No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. This provision shall not apply to members of appointed boards, commissions, or authorities.
SECTION 7. Penalties for violation.
(a) Any city officer or employee who willfully conceals such financial interest or willfully violates any of the requirements of this section shall upon conviction be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position.
GEORGIA LAWS 2018 SESSION
3907
(b) Any officer or employee of the city who shall forfeit his or her office or position as described in subsection (a) of this section shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
APPENDIX B. - DESCRIPTION OF WARDS OF THE CITY
Plan: villaricaprop1-Tiger2010 Plan Type: Local Administrator: Villa Rica User: Gina
District 001 Carroll County VTD: 045642 - VILLA RICA CITY 910101: 1000 1001 1048 1049 1050 1051 1052 1054 1055 1056 1057 2003 2004 2014 2015 2016 2020 2022 2023 2024 2025 2026 Douglas County VTD: 0971258 - MIRROR LAKE ELEM 080403: 1010 1011 1013 1014 1015 1027 080404: 3027 3052 3053 3054 3058 3059 3060 3061 3062 3063 3064 3066 3067 3068 3074 3075
District 002 Carroll County VTD: 045642 - VILLA RICA CITY 910101: 1058 1059 1060 1069 1070 1071 1073 1075 1076 1079 1080 910103: 1000 1001 1007 1009 1010 1012 1013 1014 1018 1019 1022 1025 1030 1031 1050 1051 1052 910104: 1027 1029 4003 4004 4006 4008 4010 4011 4012 4020 4021 4022 4024 4025 4028
District 003 Carroll County VTD: 045642 - VILLA RICA CITY
3908
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
910101: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1037 1038 1039 1040 1041 1042 1043 2002 2006 2007 2008 2009 2010 2011 2012 2013 2017 2018 2021 2027 2028 2029 2030 2031 2032 2033 2034 2035 2038 2044 2045 910104: 1006 1007 1008 1009 1014 1015 1016 1018 1023 1024 1026 1030 3018 3019 3020 3024 3025 3026 3029 3031
District 004 Carroll County VTD: 045642 - VILLA RICA CITY 910101: 2036 2037 Douglas County VTD: 0971258 - MIRROR LAKE ELEM 080404: 3028 3029 3030 3034 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3055 3056 3057
District 005 Carroll County VTD: 045642 - VILLA RICA CITY 910101: 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1044 1045 1046 1047 1053 1061 1062 1063 1064 1065 1067 1081 2039 2040 2041 2042 2043 2046 910104: 1025 4000 4001 4002 4023 Douglas County VTD: 0971258 - MIRROR LAKE ELEM 080403: 1023 1026 VTD: 0971271 - EPHESUS BAPTIST CHURCH 080403: 1021 1022 1024 1025 1030 1031 1033 1035 1040 1049 1062 1072 1073
GEORGIA LAWS 2018 SESSION
3909
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide a new charter for the City of Villa Rica; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, James Collins, Representative from District 68, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Times-Georgian, which is the official organ of Carroll County, on the 23rd of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ J. COLLINS Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
3910
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved May 8, 2018.
__________
CITY OF SOUTH FULTON MAYOR AND COUNCIL; LIMIT AUTHORITY OVER PERSONNEL MATTERS.
No. 471 (House Bill No. 1063).
AN ACT
To amend an Act to incorporate the City of South Fulton in Fulton County, Georgia, approved April 26, 2016 (Ga. L. 2016, p. 3726), as amended, so as to limit the authority of the mayor and city council over personnel matters; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to incorporate the City of South Fulton in Fulton County, Georgia, approved April 26, 2016 (Ga. L. 2016, p. 3726), is amended by revising paragraph (1) of Section 3.25 as follows:
"(1) Have the authority to hire persons to act as department heads or directors and fill other positions designated by ordinance or resolution and appoint and, when the city manager deems it necessary for the good of the city, suspend or remove any city employees and administrative officers the city manager hires or appoints, except as otherwise provided by law. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency;"
SECTION 2. Said Act is further amended in subsection (c) of Section 7.16 by deleting paragraph (8) and designating such paragraph as reserved.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of South Fulton in Fulton County, Georgia, approved April 26, 2016 (Ga. L. 2016, p. 3726); and for other purposes.
GEORGIA LAWS 2018 SESSION
3911
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Roger Bruce, Representative from District 61, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 9th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ ROGER BRUCE Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 19th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
3912
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF REYNOLDS NEW CHARTER.
No. 477 (House Bill No. 937).
AN ACT
To provide a new charter for the City of Reynolds; to provide for incorporation, boundaries, powers, and construction; to provide for a governing authority, its election, and terms; to provide for vacancies; to provide for inquiries and investigations; to provide for meetings and voting of the governing authority; to provide for powers of the mayor and for a mayor pro tem; to provide for administrative and service departments; to provide for boards, commissions, and authorities; to provide for ordinances; to provide for a city manager, city clerk, and city attorney; to provide for employment matters; to provide for a municipal court, its judges, jurisdiction, and powers; to provide for certiorari and rules of the court; to provide for elections and removal of the governing authority; to provide for budgets; to provide for disposition of municipal property; to provide for taxes, fees, franchises, and other charges and assessments; to provide for bonds and short-term loans; to provide contract procedures; to provide for bonds for officials, prior ordinances, existing personnel and officers, pending matters, and construction; to provide for related matters; to provide a specific repealer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof, are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style City of Reynolds, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The corporate boundaries of this city shall be those existing on the effective date of this charter with such alterations as may be made from time to time by local law or the manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "The official map or description of the corporate limits of the City of Reynolds, Georgia." Photographic, typed,
GEORGIA LAWS 2018 SESSION
3913
or other copies of such map or description certified by the city clerk shall be admissible as evidence in all courts of law and shall have the same force and effect as the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede, for all purposes, the earlier map or maps which it designated to replace but such earlier maps shall be retained in the office of the city clerk.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in the favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
SECTION 1.13. Examples of Powers.
(a) Animal Regulations. To regulate and license or to prohibit the keeping of running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances. (b) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city. (c) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades; (d) Business Regulation and Taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees.
3914
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city. (h) Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (i) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to firefighting; and to prescribe penalties and punishment for violations thereof. (j) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations, residing in or doing business therein benefiting from such services; to enforce the payment of such charges, or fees; and to provide for the manner and method of collecting such service charges. (k) General Health, Safety, and Welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards. (l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (m) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (n) Jail Sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials.
GEORGIA LAWS 2018 SESSION
3915
(o) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city. (p) Municipal Agencies and Delegation of Power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (q) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. (r) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city. (s) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of the same by the public; and to prescribe penalties and punishment for violations thereof. (t) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, storm water management, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same. (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. (w) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community. (x) Police and Fire Protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and firefighting agency. (y) Public Hazards; Removal. To provide for the destruction and removal of any building or other structure, which is or may become dangerous or detrimental to the public. (z) Public Improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and to provide any other public improvements inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
3916
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(aa) Public Peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances. (bb) Public Utilities and Services. To grant franchises or to make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission. (cc) Regulation and Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, building and any and all structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances. (dd) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city. (ee) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so. (ff) Sewer Fees. To levy a sewer fee or charge as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee or charge for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (gg) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items. (hh) Special Areas of Public Regulation. To regulate or prohibit junk dealers, the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas.
GEORGIA LAWS 2018 SESSION
3917
(ii) Special Assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements. (jj) Ad Valorem Taxation. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (kk) Other Taxation. To levy and collect such other taxes as may be allowed now or in the future by law. (ll) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (mm) Urban Redevelopment. To organize and operate an urban redevelopment program. (nn) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, right, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The mayor and councilmembers shall all be elected at-large, with each councilmember filling a designated post. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
3918
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.11. City council terms and qualifications for office.
The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No mayor or councilmember elected and qualified for two full consecutive terms shall be eligible for the succeeding term, regardless of post designation. No person shall be eligible to serve as mayor or member of the council unless that person shall have been a resident of the city for 12 months prior to the date of election of mayor or members of the city council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies.
(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of Vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or such other laws as are or may hereafter be enacted. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.
SECTION 2.13. Compensation and expenses.
The mayor and council shall receive such salary, compensation, and reimbursement of expenses as provided by future ordinance. The salary for the mayor hereunder shall be $200.00 per month, and the salary for each councilmember shall be $100.00 per month.
SECTION 2.14. Holding other offices; voting when financially interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents.
GEORGIA LAWS 2018 SESSION
3919
(b) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the city council.
(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by the law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Reynolds and may enforce such ordinances by imposing penalties for violation thereof.
SECTION 2.17. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, waterworks, electrical systems, airports, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
3920
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.18. Organizational meetings.
The city council shall hold an organizational meeting on the second Monday in January. The meeting shall be called to order by the mayor, or mayor-elect, and the oath of office shall be administered to the newly elected members by a judicial officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the City of Reynolds for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Reynolds to the best of my ability without fear, favor, affection, reward, or expectation thereof."
SECTION 2.19. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or any four members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
GEORGIA LAWS 2018 SESSION
SECTION 2.20. Rules of procedure.
3921
(a) The city council shall adopt its rules or procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting.
(a) The mayor, or mayor pro tem, and any additional two councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances, resolutions, and motions shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of a quorum shall be required for the adoption of any ordinance, resolution, or motion. The mayor shall count as a councilmember for the purposes of meeting the requirement of a quorum; provided, however, that notwithstanding anything to the contrary contained herein, the mayor shall not have the right to make motions. (b) No member of the city council shall abstain from voting on any matter properly brought before the city council for official action except when such councilmember has a conflict of interest that is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Reynolds" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however,
3922
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.23. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. The mayor shall count as a councilmember for the purposes of meeting the requirement of a quorum; however, notwithstanding anything to the contrary contained herein, the mayor shall not have the right to make a motion from the floor. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
GEORGIA LAWS 2018 SESSION
SECTION 2.25. Codes of technical regulations.
3923
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances general except that:
(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Reynolds, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
3924
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.27. Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of this city for 12 months preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28. Mayor pro tem.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem. The mayor pro tem shall assume the duties and powers of the mayor during the mayor's physical or mental disability, suspension from office, or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall continue to have only one vote as a member of the council. If a vacancy occurs in the office of mayor, the mayor pro tem shall serve as mayor for the remainder of the unexpired term.
SECTION 2.29. Powers and duties of mayor.
As the chief executive of this city, the mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember; (6) Fulfill such other executive and administrative duties as the city council shall by ordinance establish; (7) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; and
GEORGIA LAWS 2018 SESSION
3925
(8) Call special meetings of the city council as provided for in Section 2.19(b) of this charter.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all non-elective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor and city council, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the mayor and city council shall be nominated and confirmed by the mayor and city council. All appointed officers and directors shall be employees at-will and subject to removal or suspension at any time by the mayor and city council unless otherwise provided by law or ordinance.
SECTION 3.11. Boards, commissions and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold an elective office in the city.
3926
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of four members of the city council, or of three members of the city council and the mayor, unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.12. City attorney.
The city council and mayor shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney.
SECTION 3.13. City clerk.
The city council and mayor shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.
GEORGIA LAWS 2018 SESSION
3927
SECTION 3.14. Position classification and pay plans.
The mayor and city council shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. Notwithstanding the foregoing, the city clerk shall hold the dual status of appointee and city employee.
SECTION 3.15. Personnel policies.
All employees serve at-will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH; MUNICIPAL COURT
SECTION 4.10. Creation; name.
There shall be a court to be known as the municipal court of the City of Reynolds.
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed in accordance with Code Section 36-32-2.1 of the O.C.G.A. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
3928
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
GEORGIA LAWS 2018 SESSION
3929
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Taylor County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with the Georgia Election Code, Title 21, Chapter 2 of the O.C.G.A. as now or hereafter amended.
SECTION 5.11. Election of the city council and mayor.
(a) There shall be a municipal general election biennially in the odd-numbered years on the Tuesday next following the first Monday in November. (b) Each council position shall be designated as a post for the purposes of conducting elections. There shall be elected the mayor and two council posts (Post III and Post IV) at one election and at every other regular election thereafter. The current terms for the mayor and council Posts III and IV will expire on December 31, 2019. Council Posts I, II, V, and VI shall be filled at the election alternating with the first election so that a continuing body is created. The current terms for council Posts I, II, V, and VI will expire on December 31, 2021. Terms shall be for four years.
3930
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by plurality.
The person receiving a plurality of the votes cast for any city office shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with the Georgia Election Code, Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code, Title 21, Chapter 2 of the O.C.G.A. as now or hereafter amended.
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written
GEORGIA LAWS 2018 SESSION
3931
notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Taylor County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Taylor County following a hearing on a complaint seeking such removal brought by any resident of the City of Reynolds.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
The city council, by resolution, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by said resolution, may also provide for the payment of these taxes by two installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such corporation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a
3932
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council shall have the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
GEORGIA LAWS 2018 SESSION
3933
SECTION 6.17. Construction; other taxes and fees.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
3934
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.22. Lease-purchase contracts.
The city may enter into multi-year lease, purchase or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government unless otherwise provided by state or federal law.
SECTION 6.24. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the clerk in direct coordination with the mayor and city council shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city clerk containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
GEORGIA LAWS 2018 SESSION
3935
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the city clerk; except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the 30th day prior to the beginning of each fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted by the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
3936
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council but no later than ten days prior to the beginning of each fiscal year, the city clerk in coordination with the mayor and city council shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by resolution the final capital budget for the ensuing fiscal year not later than July 1 of each year. No appropriations provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor and city council may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter.
GEORGIA LAWS 2018 SESSION
3937
SECTION 6.32. Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
(a) The city council may sell and convey, or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has not readily ascertainable monetary value. (c) Whenever a small parcel or tract of land is cut off or separated from a larger tract or boundary of land owned by the city in opening, extending, or widening any street, avenue, alley, or public place of the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
3938
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.11. Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies personnel or offices as may be provided by the city council.
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as part thereof. (b) The word "shall" is mandatory, and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.
GEORGIA LAWS 2018 SESSION
SECTION 7.16. Specific repealer.
3939
An Act to provide a new charter for the City of Reynolds, approved August 16, 1915 (Ga. L. 1915, p. 786), as amended, is hereby repealed.
SECTION 7.17. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide a new charter for the City of Reynolds; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Patty Bentley, Representative from District 139, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Taylor County News, which is the official organ of Taylor County, on the 8th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
3940
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ PATTY BENTLEY Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
FULTON COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; BASE YEAR; REFERENDUM.
No. 485 (Senate Bill No. 317).
AN ACT
To provide for a new homestead exemption from Fulton County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for related matters; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Property taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Fulton County school district, but excluding any ad valorem taxes to pay interest on and to retire educational bonded indebtedness. (2) "Adjusted base year value" means the previous adjusted base year value adjusted annually by the lesser of 3 percent or the inflation rate, plus any change in homestead
GEORGIA LAWS 2018 SESSION
3941
value, provided that no such change in homestead value shall be duplicated as to the same addition or improvement. (3) "Change in homestead value" means value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, derived from additions or improvements to, or the removal of real property of, the homestead after the lowest base year value is determined. (4) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (5) "Inflation rate" means the Consumer Price Index for all urban consumers, U.S. City Average, all items 1967-100, or a successor index as reported by the United States Department of Labor Bureau of Labor statistics. (6) "Lowest base year value" means:
(A) Among the 2016, 2017, and 2018 taxable years, the lowest assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, with such assessed value being multiplied by 1.0423, which number represents inflation rate data for December, 2015, through December, 2017, with respect to an exemption under this Act which is first granted to a person on that person's homestead in the 2019 taxable year or who thereafter reapplies for and is granted such exemption in the 2020 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival; or (B) In all other cases, the lower of the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, from the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead or the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, from the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead, with respect to an exemption under this Act which is first granted to a person on that person's homestead in the 2020 taxable year or who thereafter reapplies for and is granted such exemption in the 2021 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival. (7) "Previous adjusted base year value" means: (A) With respect to an exemption under this Act that is first granted to a person on that person's homestead, the lowest base year value; or (B) In all other cases, the adjusted base year value as calculated in the taxable year immediately preceding the current year. (b) Each resident of the Fulton County school district is granted an exemption on that person's homestead from Fulton County school district property taxes for educational purposes in an amount equal to the amount by which the current year assessed value,
3942
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of that homestead exceeds the adjusted base year value of the homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) The surviving spouse of the person who has been granted the exemption provided for in subsection (b) of this section shall continue to receive the exemption provided under subsection (b) of this section, so long as that surviving spouse continues to occupy the home as a residence and homestead. (d) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Fulton County giving such information relative to receiving such exemption as will enable the governing authority, or its designee, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The tax commissioner of Fulton County shall provide application forms for this purpose. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (d) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Fulton County in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, municipal or independent school district ad valorem taxes for educational purposes, or county ad valorem taxes for county purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to property taxes for educational purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2019.
SECTION 2. The county election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Fulton County school district for approval or rejection. The county election superintendent shall conduct such election on November 6, 2018, and shall issue the call and conduct such election as provided by general law. The county election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
GEORGIA LAWS 2018 SESSION
3943
"( ) YES Do you approve a new homestead exemption from Fulton County school district property taxes for educational purposes in the amount of the
( ) NO difference between the current year assessed value of a home and its lowest base year value, provided that the lowest base year value will be adjusted yearly by the lesser of 3 percent or the inflation rate?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2019. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Fulton County. It shall be the county election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide for a homestead exemption from Fulton County school district ad valorem taxes for educational purposes; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, John Albers, Senator from District 56, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 14th of November in the year 2017; and
3944
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JOHN ALBERS Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 8th of January, 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 8, 2018.
__________
CITY OF ROSWELL HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REFERENDUM.
No. 486 (House Bill No. 707).
AN ACT
To provide for a new homestead exemption from City of Roswell ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for related matters; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
GEORGIA LAWS 2018 SESSION
3945
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Property taxes for city purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Roswell, but excluding any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Adjusted base year value" means the previous adjusted base year value adjusted annually by the lesser of 3 percent or the inflation rate, plus any change in homestead value, provided that no such change in homestead value shall be duplicated as to the same addition or improvement. (3) "Change in homestead value" means value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, derived from additions or improvements to, or the removal of real property of, the homestead after the lowest base year value is determined. (4) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (5) "Inflation rate" means the Consumer Price Index for all urban consumers, U.S. City Average, all items 1967-100, or a successor index as reported by the United States Department of Labor Bureau of Labor statistics. (6) "Lowest base year value" means:
(A) Among the 2016, 2017, and 2018 taxable years, the lowest assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, with such assessed value being multiplied by 1.0423, which number represents inflation rate data for December, 2015, through December, 2017, with respect to an exemption under this Act which is first granted to a person on that person's homestead in the 2019 taxable year or who thereafter reapplies for and is granted such exemption in the 2020 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival; or (B) In all other cases, the lower of the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, from the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead or the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, from the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead, with respect to an exemption under this Act which is first granted to a person on that person's homestead in the 2020 taxable year or who thereafter reapplies
3946
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for and is granted such exemption in the 2021 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival. (7) "Previous adjusted base year value" means: (A) With respect to an exemption under this Act that is first granted to a person on that person's homestead, the lowest base year value; or (B) In all other cases, the adjusted base year value as calculated in the taxable year immediately preceding the current year. (b) Each resident of the City of Roswell is granted an exemption on that person's homestead from City of Roswell property taxes for city purposes in an amount equal to the amount by which the current year assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of that homestead exceeds the adjusted base year value of the homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) The surviving spouse of the person who has been granted the exemption provided for in subsection (b) of this section shall continue to receive the exemption provided under subsection (b) of this section, so long as that surviving spouse continues to occupy the home as a residence and homestead. (d) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority, or its designee, of the City of Roswell giving such information relative to receiving such exemption as will enable the governing authority, or its designee, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority, or its designee, of the City of Roswell shall provide application forms for this purpose. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (d) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority, or its designee, of the municipality in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or county ad valorem taxes for county purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to property taxes for city purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2019.
GEORGIA LAWS 2018 SESSION
3947
SECTION 2. The municipal election superintendent of the City of Roswell shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Roswell for approval or rejection. The municipal election superintendent shall conduct such election on November 6, 2018, and shall issue the call and conduct such election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Roswell. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Do you approve a new homestead exemption from City of Roswell property taxes for city purposes in the amount of the difference between the current year assessed value of a home and its lowest base year value, provided that the lowest base year value will be adjusted yearly by the lesser of 3 percent or the inflation rate?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2019. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Roswell. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide for a new homestead exemption from City of Roswell ad valorem taxes for municipal purposes; and for other purposes. Jan Jones
3948
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jan Jones, Representative from District 47, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 12th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JAN JONES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of January, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
GEORGIA LAWS 2018 SESSION
3949
CITY OF JOHNS CREEK HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REFERENDUM.
No. 487 (House Bill No. 708).
AN ACT
To provide for a new homestead exemption from City of Johns Creek ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for related matters; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Property taxes for city purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Johns Creek, but excluding any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Adjusted base year value" means the previous adjusted base year value adjusted annually by the lesser of 3 percent or the inflation rate, plus any change in homestead value, provided that no such change in homestead value shall be duplicated as to the same addition or improvement. (3) "Change in homestead value" means value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, derived from additions or improvements to, or the removal of real property of, the homestead after the lowest base year value is determined. (4) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (5) "Inflation rate" means the Consumer Price Index for all urban consumers, U.S. City Average, all items 1967-100, or a successor index as reported by the United States Department of Labor Bureau of Labor statistics. (6) "Lowest base year value" means:
(A) Among the 2016, 2017, and 2018 taxable years, the lowest assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, with such assessed value being multiplied by
3950
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
1.0423, which number represents inflation rate data for December, 2015, through December, 2017, with respect to an exemption under this Act which is first granted to a person on that person's homestead in the 2019 taxable year or who thereafter reapplies for and is granted such exemption in the 2020 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival; or (B) In all other cases, the lower of the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, from the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead or the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, from the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead, with respect to an exemption under this Act which is first granted to a person on that person's homestead in the 2020 taxable year or who thereafter reapplies for and is granted such exemption in the 2021 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival. (7) "Previous adjusted base year value" means: (A) With respect to an exemption under this Act that is first granted to a person on that person's homestead, the lowest base year value; or (B) In all other cases, the adjusted base year value as calculated in the taxable year immediately preceding the current year. (b) Each resident of the City of Johns Creek is granted an exemption on that person's homestead from City of Johns Creek property taxes for city purposes in an amount equal to the amount by which the current year assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of that homestead exceeds the adjusted base year value of the homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) The surviving spouse of the person who has been granted the exemption provided for in subsection (b) of this section shall continue to receive the exemption provided under subsection (b) of this section, so long as that surviving spouse continues to occupy the home as a residence and homestead. (d) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority, or its designee, of the City of Johns Creek giving such information relative to receiving such exemption as will enable the governing authority, or its designee, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority, or its designee, of the City of Johns Creek shall provide application forms for this purpose. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the
GEORGIA LAWS 2018 SESSION
3951
proper application as provided in subsection (d) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority, or its designee, of the municipality in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or county ad valorem taxes for county purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to property taxes for city purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2019.
SECTION 2. The municipal election superintendent of the City of Johns Creek shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Johns Creek for approval or rejection. The municipal election superintendent shall conduct such election on November 6, 2018, and shall issue the call and conduct such election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Johns Creek. The ballot shall have written or printed thereon the words:
"( ) YES Do you approve a new homestead exemption from City of Johns Creek property taxes for city purposes in the amount of the difference between the
( ) NO current year assessed value of a home and its lowest base year value, provided that the lowest base year value will be adjusted yearly by the lesser of 3 percent or the inflation rate?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2019. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Johns Creek. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
3952
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide for a new homestead exemption from City of Johns Creek ad valorem taxes for municipal purposes; and for other purposes. Jan Jones
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jan Jones, Representative from District 47, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 12th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JAN JONES Affiant
GEORGIA LAWS 2018 SESSION
3953
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of January, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF ALPHARETTA HOMESTEAD EXEMPTION; CITY TAXES; BASE YEAR; REFERENDUM.
No. 488 (House Bill No. 712).
AN ACT
To provide for a new homestead exemption from City of Alpharetta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for related matters; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Property taxes for city purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Alpharetta, but excluding any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Adjusted base year value" means the previous adjusted base year value adjusted annually by the lesser of 3 percent or the inflation rate, plus any change in homestead value, provided that no such change in homestead value shall be duplicated as to the same addition or improvement.
3954
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) "Change in homestead value" means value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, derived from additions or improvements to, or the removal of real property of, the homestead after the lowest base year value is determined. (4) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (5) "Inflation rate" means the Consumer Price Index for all urban consumers, U.S. City Average, all items 1967-100, or a successor index as reported by the United States Department of Labor Bureau of Labor statistics. (6) "Lowest base year value" means:
(A) Among the 2016, 2017, and 2018 taxable years, the lowest assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, with such assessed value being multiplied by 1.0423, which number represents inflation rate data for December, 2015, through December, 2017, with respect to an exemption under this Act which is first granted to a person on that person's homestead in the 2019 taxable year or who thereafter reapplies for and is granted such exemption in the 2020 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival; or (B) In all other cases, the lower of the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, from the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead or the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, from the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead, with respect to an exemption under this Act which is first granted to a person on that person's homestead in the 2020 taxable year or who thereafter reapplies for and is granted such exemption in the 2021 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival. (7) "Previous adjusted base year value" means: (A) With respect to an exemption under this Act that is first granted to a person on that person's homestead, the lowest base year value; or (B) In all other cases, the adjusted base year value as calculated in the taxable year immediately preceding the current year. (b) Each resident of the City of Alpharetta is granted an exemption on that person's homestead from City of Alpharetta property taxes for city purposes in an amount equal to the amount by which the current year assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of that
GEORGIA LAWS 2018 SESSION
3955
homestead exceeds the adjusted base year value of the homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) The surviving spouse of the person who has been granted the exemption provided for in subsection (b) of this section shall continue to receive the exemption provided under subsection (b) of this section, so long as that surviving spouse continues to occupy the home as a residence and homestead. (d) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority, or its designee, of the City of Alpharetta giving such information relative to receiving such exemption as will enable the governing authority, or its designee, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority, or its designee, of the City of Alpharetta shall provide application forms for this purpose. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (d) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority, or its designee, of the municipality in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or county ad valorem taxes for county purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to property taxes for city purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2019.
SECTION 2. The municipal election superintendent of the City of Alpharetta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Alpharetta for approval or rejection. The municipal election superintendent shall conduct such election on November 6, 2018, and shall issue the call and conduct such election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Alpharetta. The ballot shall have written or printed thereon the words:
3956
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"( ) YES Do you approve a new homestead exemption from City of Alpharetta property taxes for city purposes in the amount of the difference between the
( ) NO current year assessed value of a home and its lowest base year value, provided that the lowest base year value will be adjusted yearly by the lesser of 3 percent or the inflation rate?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2019. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Alpharetta. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide for a new homestead exemption from City of Alpharetta ad valorem taxes for municipal purposes; and for other purposes. Jan Jones
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jan Jones, Representative from District 47, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
GEORGIA LAWS 2018 SESSION
3957
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 12th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JAN JONES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of January, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF MILTON HOMESTEAD EXEMPTION; CITY TAXES: BASE YEAR; REFERENDUM.
No. 489 (House Bill No. 710).
AN ACT
To provide for a new homestead exemption from City of Milton ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating
3958
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
thereto; to provide for related matters; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Property taxes for city purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton, but excluding any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Adjusted base year value" means the previous adjusted base year value adjusted annually by the lesser of 3 percent or the inflation rate, plus any change in homestead value, provided that no such change in homestead value shall be duplicated as to the same addition or improvement. (3) "Change in homestead value" means value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, derived from additions or improvements to, or the removal of real property of, the homestead after the lowest base year value is determined. (4) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (5) "Inflation rate" means the Consumer Price Index for all urban consumers, U.S. City Average, all items 1967-100, or a successor index as reported by the United States Department of Labor Bureau of Labor statistics. (6) "Lowest base year value" means:
(A) Among the 2016, 2017, and 2018 taxable years, the lowest assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, with such assessed value being multiplied by 1.0423, which number represents inflation rate data for December, 2015, through December, 2017, with respect to an exemption under this Act which is first granted to a person on that person's homestead in the 2019 taxable year or who thereafter reapplies for and is granted such exemption in the 2020 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival; or (B) In all other cases, the lower of the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, from the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead or the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, from the taxable
GEORGIA LAWS 2018 SESSION
3959
year in which the exemption under this Act is first granted to the most recent owner of such homestead, with respect to an exemption under this Act which is first granted to a person on that person's homestead in the 2020 taxable year or who thereafter reapplies for and is granted such exemption in the 2021 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival. (7) "Previous adjusted base year value" means: (A) With respect to an exemption under this Act that is first granted to a person on that person's homestead, the lowest base year value; or (B) In all other cases, the adjusted base year value as calculated in the taxable year immediately preceding the current year. (b) Each resident of the City of Milton is granted an exemption on that person's homestead from City of Milton property taxes for city purposes in an amount equal to the amount by which the current year assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of that homestead exceeds the adjusted base year value of the homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) The surviving spouse of the person who has been granted the exemption provided for in subsection (b) of this section shall continue to receive the exemption provided under subsection (b) of this section, so long as that surviving spouse continues to occupy the home as a residence and homestead. (d) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority, or its designee, of the City of Milton giving such information relative to receiving such exemption as will enable the governing authority, or its designee, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority, or its designee, of the City of Milton shall provide application forms for this purpose. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (d) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority, or its designee, of the municipality in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or county ad valorem taxes for county purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to property taxes for city purposes.
3960
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2019.
SECTION 2. The municipal election superintendent of the City of Milton shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Milton for approval or rejection. The municipal election superintendent shall conduct such election on November 6, 2018, and shall issue the call and conduct such election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Milton. The ballot shall have written or printed thereon the words:
"( ) YES Do you approve a new homestead exemption from City of Milton property taxes for city purposes in the amount of the difference between the current
( ) NO year assessed value of a home and its lowest base year value, provided that the lowest base year value will be adjusted yearly by the lesser of 3 percent or the inflation rate?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2019. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Milton. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide for a new homestead exemption from City of Milton ad valorem taxes for municipal purposes; and for other purposes. Jan Jones
GEORGIA LAWS 2018 SESSION
3961
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jan Jones, Representative from District 47, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 12th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JAN JONES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of January, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
3962
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF MOUNTAIN PARK HOMESTEAD EXEMPTION; CITY TAXES: BASE YEAR; REFERENDUM.
No. 490 (House Bill No. 711).
AN ACT
To provide for a new homestead exemption from City of Mountain Park ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for related matters; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Property taxes for city purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Mountain Park, but excluding any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Adjusted base year value" means the previous adjusted base year value adjusted annually by the lesser of 3 percent or the inflation rate, plus any change in homestead value, provided that no such change in homestead value shall be duplicated as to the same addition or improvement. (3) "Change in homestead value" means value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, derived from additions or improvements to, or the removal of real property of, the homestead after the lowest base year value is determined. (4) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (5) "Inflation rate" means the Consumer Price Index for all urban consumers, U.S. City Average, all items 1967-100, or a successor index as reported by the United States Department of Labor Bureau of Labor statistics. (6) "Lowest base year value" means:
(A) Among the 2016, 2017, and 2018 taxable years, the lowest assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, with such assessed value being multiplied by
GEORGIA LAWS 2018 SESSION
3963
1.0423, which number represents inflation rate data for December, 2015, through December, 2017, with respect to an exemption under this Act which is first granted to a person on that person's homestead in the 2019 taxable year or who thereafter reapplies for and is granted such exemption in the 2020 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival; or (B) In all other cases, the lower of the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, from the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead or the assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead, from the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead, with respect to an exemption under this Act which is first granted to a person on that person's homestead in the 2020 taxable year or who thereafter reapplies for and is granted such exemption in the 2021 taxable year, or thereafter, solely because of a change in ownership to a joint tenancy with right of survival. (7) "Previous adjusted base year value" means: (A) With respect to an exemption under this Act that is first granted to a person on that person's homestead, the lowest base year value; or (B) In all other cases, the adjusted base year value as calculated in the taxable year immediately preceding the current year. (b) Each resident of the City of Mountain Park is granted an exemption on that person's homestead from City of Mountain Park property taxes for city purposes in an amount equal to the amount by which the current year assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of that homestead exceeds the adjusted base year value of the homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) The surviving spouse of the person who has been granted the exemption provided for in subsection (b) of this section shall continue to receive the exemption provided under subsection (b) of this section, so long as that surviving spouse continues to occupy the home as a residence and homestead. (d) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority, or its designee, of the City of Mountain Park giving such information relative to receiving such exemption as will enable the governing authority, or its designee, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority, or its designee, of the City of Mountain Park shall provide application forms for this purpose. (e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the
3964
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
proper application as provided in subsection (d) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority, or its designee, of the municipality in the event that person for any reason becomes ineligible for that exemption. (f) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county or independent school district ad valorem taxes for educational purposes, or county ad valorem taxes for county purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to property taxes for city purposes. (g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2019.
SECTION 2. The municipal election superintendent of the City of Mountain Park shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Mountain Park for approval or rejection. The municipal election superintendent shall conduct such election on November 6, 2018, and shall issue the call and conduct such election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Mountain Park. The ballot shall have written or printed thereon the words:
"( ) YES Do you approve a new homestead exemption from City of Mountain Park property taxes for city purposes in the amount of the difference between the
( ) NO current year assessed value of a home and its lowest base year value, provided that the lowest base year value will be adjusted yearly by the lesser of 3 percent or the inflation rate?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2019. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Mountain Park. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
GEORGIA LAWS 2018 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
3965
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide for a new homestead exemption from City of Mountain Park ad valorem taxes for municipal purposes; and for other purposes. Jan Jones
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jan Jones, Representative from District 47, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 12th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JAN JONES Affiant
3966
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of January, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CHEROKEE COUNTY STATE COURT; JUDGES; COMPENSATION.
No. 491 (House Bill No. 1049).
AN ACT
To amend an Act to create the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), so as to modify the compensation of the judges of the State Court of Cherokee County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to create the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), is amended by striking in its entirety Section 16 of the Act and inserting in lieu thereof a new Section 16 to read as follows:
"SECTION 16. Each of the judges of the State Court of Cherokee County shall receive annual compensation equal to 90 percent of the base salary paid to a judge of the Superior Court of Cherokee County, plus 90 percent of the county supplement paid to a judge of the Superior Court of Cherokee County. When a judge is operating a drug court division, mental health court division, veterans court division, or operating under the influence court division, he or she shall be paid an additional annual supplement of $6,000.00. Such compensation shall be paid in equal monthly installments from the funds of Cherokee County."
GEORGIA LAWS 2018 SESSION
SECTION 2. This Act shall become effective on October 1, 2018.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
3967
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act to create the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), so as to modify the compensation of the judges of the State Court of Cherokee County; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mandi Ballinger, Representative from District 23, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Cherokee Tribune, which is the official organ of Cherokee County, on the 7th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ MANDI BALLINGER Affiant
3968
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF JOHNS CREEK MAYOR AND COUNCIL; TERM LIMITS.
No. 494 (House Bill No. 979).
AN ACT
To amend an Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, so as to provide for term limits for the mayor and councilmembers; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29, 2006 (Ga. L. 2006, p. 3503), as amended, is amended by adding new subsections to Section 2.10 to read as follows:
"(c) No person elected as mayor in the general municipal election of 2019, or any election thereafter, shall serve as mayor for more than three consecutive, four-year terms of office and shall not include any partial terms of office. No terms of office served prior to January 1, 2020, and no terms of office served as a councilmember shall be considered in determining if a person has served more than three consecutive terms of office. (d) No person elected as councilmember in the general municipal election of 2019, or any election thereafter, shall serve as councilmember for more than three consecutive, four-year terms of office and shall not include any partial terms of office. No terms of office served prior to January 1, 2020, and no terms of office served as mayor shall be considered in determining if a person has served more than three consecutive terms of office."
GEORGIA LAWS 2018 SESSION
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
3969
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act to incorporate the City of Johns Creek in Fulton County, Georgia, approved March 29 2006 (Ga. L. 2006, p. 3503), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Brad Raffensperger, Representative from District 50, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 15th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ BRAD RAFFENSPERGER Affiant
3970
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
DADE COUNTY HOTEL/MOTEL TAX.
No. 495 (House Bill No. 980).
AN ACT
To authorize the governing authority of Dade County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of Dade County is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.
SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution by the governing authority of Dade County on January 4, 2018, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.
GEORGIA LAWS 2018 SESSION
3971
SECTION 3. In accordance with the terms of such resolution adopted by the governing authority of Dade County:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (3) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by Dade County; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the governing authority of Dade County by levy an excise tax pursuant to subsection (b) of Code Section 478-13-51 of the O.C.G.A.; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, John Deffenbaugh, Representative from District 1, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Dade County Sentinel, which is the official organ of Dade County, on the 14th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
3972
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JOHN DEFFENBAUGH Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF HULL MAYOR AND COUNCIL; TERMS OF OFFICE; ELECTIONS; MAYOR PRO TEM.
No. 496 (House Bill No. 985).
AN ACT
To amend an act to incorporate the town of Hull, partly in Clarke County and partly in the county of Madison, Georgia, approved August 24, 1905 (Ga. L. 1905, p. 893), as amended, so as to revise the terms of office and timing of elections for the mayor and councilmembers; to provide for posts; to revise provisions related to the appointment of a mayor pro tem; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An act to incorporate the town of Hull, partly in Clarke County and partly in the county of Madison, Georgia, approved August 24, 1905 (Ga. L. 1905, p. 893), as amended, is amended by revising Sections 5 and 6 as follows:
GEORGIA LAWS 2018 SESSION
"SECTION 5. Election of the city council and mayor.
3973
(a) For the purposes of electing members of the city council, the city of Hall shall have four council posts designated as Posts 1, 2, 3, and 4. (b) There shall be a municipal general election held on the Tuesday after the first Monday in November in each odd-numbered year.
(c)(1) The councilmember elected to a term ending December 31, 2019, shall continue in such position until the end of his or her term and his or her successor is elected and qualified as provided in this charter. (2) The two councilmembers elected to terms ending December 31, 2020, shall continue in such positions until December 31, 2021, and until their successors are elected and qualified as provided in this charter. (3) The mayor and councilmember elected to terms ending December 31, 2022, shall continue in such positions until December 31, 2023, and until their successors are elected and qualified as provided in this charter. (d)(1) At the 2019 municipal general election, there shall be elected at large for a term of two years, a councilmember to fill Post 1. (2) At the 2021 municipal general election and at every other municipal general election thereafter, there shall be elected at large a councilmember to fill Post 1, and a councilmember to fill Post 2. (3) At the 2023 municipal general election and at every other municipal general election thereafter, there shall be elected at large the mayor, a councilmember to fill Post 3, and a councilmember to fill Post 4. (e) The mayor and councilmembers shall take office on January 1 following their election. (f) Except as specifically provided this section, all members of the governing authority shall serve for terms of four years and until their successors are elected and qualified as provided in this charter.
SECTION 6. Mayor pro tem.
The mayor and council of the city of Hull shall have the power to elect a mayor pro tem who shall be vested with all the powers, rights, privileges, and duties of mayor-elect, when and during the sickness of the mayor or his or her absence from the city of Hull, or from any cause that may disqualify said mayor to act as such, upon the said mayor pro tem taking the oath prescribed for mayor and not otherwise. If, however, the mayor pro tem and the mayor-elect are both unable from any cause to attend to their duties, the council shall elect another mayor pro tem, who shall thereby be vested with all the powers, rights, privileges, and duties of the mayor of the city of Hull, upon taking the oath of mayor, and who shall serve only during the absence of the said mayor and mayor pro tem proper."
3974
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an act to incorporate the TOWN OF HULL, partly in Clarke County and partly in the County of Madison, Georgia, approved August 24, 1905 (Ga. L. 1905, p. 893), as amended, to repeal conflicting laws; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Tom McCall, Representative from District 33, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Madison County Journal, which is the official organ of Madison County, on the 15th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ TOM MCCALL Affiant
GEORGIA LAWS 2018 SESSION
3975
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
WAYCROSS JUDICIAL CIRCUIT JUDGES; COMPENSATION.
No. 497 (House Bill No. 986).
AN ACT
To amend an Act providing that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit, approved March 20, 1985 (Ga. L. 1985, p. 3879), so as to increase the amounts of such supplements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit, approved March 20, 1985 (Ga. L. 1985, p. 3879), is amended by revising Section 1 as follows:
"Section 1. In addition to the compensation, salary, expenses, and allowances presently being received by the judges of the superior courts of the Waycross Judicial Circuit from the State of Georgia or from any other source, the governing authority of each county comprising the Waycross Judicial Circuit shall supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross
3976
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Judicial Circuit. The division of payment among the six counties shall not be less than the following amounts for each judge:
Bacon. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $450.00 per month Brantley. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550.00 per month Charlton. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450.00 per month Coffee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 700.00 per month Pierce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550.00 per month Ware. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 700.00 per month"
SECTION 2. This Act shall become effective upon approval by the Governor or upon becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Notice Of Intention To Introduce Local Legislation
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit, approved March 20, 1985, (Ga. L. 1985, p. 6879); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chad Nimmer, Representative from District 178, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Douglas Enterprise, which is the official organ of Coffee County, on the 9th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or
GEORGIA LAWS 2018 SESSION
3977
otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ CHAD NIMMER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to aend an Act providing that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit, approved March 20, 1985 (Ga. L. 1985, p. 3879); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY I, Chad Nimmer, Representative from District 178, state on oath as follows:
(1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Brantley Beacon, which is the official organ of Brantley County, on the 7th of February in the year 2018; and
3978
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ CHAD NIMMER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit, approved March 20, 1985 (Ga. L. 1985, p. 3879); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chad Nimmer, Representative from District 178, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
GEORGIA LAWS 2018 SESSION
3979
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Charlton County Herald, which is the official organ of Charlton County, on the 14th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ CHAD NIMMER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit, approved March 20, 1985, (Ga. L. 1985, p. 3879); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chad Nimmer, Representative from District 178, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.
3980
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Alma Times, which is the official organ of Bacon County, on the 6th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ CHAD NIMMER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary, expenses, and allowances of each of the judges of the superior courts of the Waycross Judicial Circuit, approved March 20, 1985, (Ga. L. 1985, p. 3879); and for other purposes.
GEORGIA LAWS 2018 SESSION
3981
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chad Nimmer, Representative from District 178, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Blackshear Times, which is the official organ of Pierce County, on the 14th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ CHAD NIMMER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the general Assembly of Georgia a bill to amend an Act providing that the governing authority of each county comprising the Waycross Judicial Circuit may supplement the compensation, salary,
3982
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
expenses, and allowance of each of the judges of the superior courts of the Waycross Judicial Circuit, approved March 20, 1985 (Ga. L. 1985, p. 3879); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chad Nimmer, Representative from District 178, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Waycross Journal-Herald, which is the official organ of Ware County, on the 13th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ CHAD NIMMER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
GEORGIA LAWS 2018 SESSION
3983
ROCKDALE COUNTY BOARD OF EDUCATION; COMPENSATION.
No. 498 (House Bill No. 990).
AN ACT
To amend an Act providing for the compensation of the members and chairperson of the Board of Education of Rockdale County, approved March 10, 1988 (Ga. L. 1988, p. 3652), so as to modify the compensation of the members of the Board of Education of Rockdale County; to provide for future cost-of-living increases; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the compensation of the members and chairperson of the Board of Education of Rockdale County, approved March 10, 1988 (Ga. L. 1988, p. 3652), is amended by revising subsection (a) of Section 1 as follows:
"(a) Beginning on the effective date of this section, each member, including the chairperson, of the Board of Education of Rockdale County shall receive as compensation for serving on such board $1,000.00 per month; and, as a cost-of-living adjustment, the amount of the monthly compensation received by such members shall increase in each year by a percentage equal to any cost-of-living adjustment provided to teachers under the jurisdiction of the board of education. The compensation provided for in this subsection shall be paid from the funds of the Rockdale County School System."
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of the members and chairperson of the Board of Education of Rockdale County, approved March 10, 1988 (Ga. L. 1988, p. 3652); and for other purposes.
3984
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Pam Dickerson, Representative from District 113, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Rockdale Citizen, which is the official organ of Rockdale County, on the 3rd of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ REP. PAM DICKERSON Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of January, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
GEORGIA LAWS 2018 SESSION
3985
PUTNAM COUNTY BOARD OF EDUCATION; COMPENSATION.
No. 499 (House Bill No. 991).
AN ACT
To amend an Act changing the method of electing the members of the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3722), so as to change the compensation of such members; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the method of electing the members of the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3722), is amended by revising Section 2.1 as follows:
"SECTION 2.1. The members of the board of education shall receive $700.00 per month as compensation for their services. While meeting or traveling outside Putnam County as a member of the board, the chairperson or any member of the board shall receive reimbursement for actual expenses necessarily incurred in connection therewith."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2018 Session of the General Assembly of Georgia a bill to amend an Act providing for compensation of the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3722); and for other purposes.
3986
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Trey Rhodes, Representative from District 120, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Eatonon Messenger, which is the official organ of Putnam County, on the 15th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ TREY RHODES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
GEORGIA LAWS 2018 SESSION
3987
GILMER COUNTY BOARD OF EDUCATION; COMPENSATION.
No. 500 (House Bill No. 1003).
AN ACT
To amend an Act providing the method of election of the members of the Board of Education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3710), so as to provide for the compensation of the members of the board of education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing the method of election of the members of the Board of Education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471), as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3710), is amended by adding to Section 2 a new subsection to read as follows:
"(d) Members of the board of education shall be compensated in the amount of $400.00 per month."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing the method of election of the members of the Board of Education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p.3471) as amended, particularly by an Act approved February 27, 2012 (Ga. L. 2012, p. 3710); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, David Ralston, Representative from District 7, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.
3988
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Times Courier, which is the official organ of Gilmer County, on the 31st of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ DAVID E. RALSTON Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 23rd of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
GEORGIA LAWS 2018 SESSION
3989
CHEROKEE COUNTY SHERIFF; COMPENSATION; AUTHORITY; CHEROKEE COUNTY SHERIFF'S OFFICE TERMINATION REVIEW BOARD; REPEAL.
No. 501 (House Bill No. 1010).
AN ACT
To amend an Act placing the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court of Cherokee County on the salary system, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4578) and by an Act approved April 1, 1996 (Ga. L. 1996, p. 3813), so as to remove a maximum salary amount and provide for the authority of the sheriff of Cherokee County over personnel matters; to repeal provisions regarding the Cherokee County Sheriff's Office Termination Review Board; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act placing the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court of Cherokee County on the salary system, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended, particularly by an Act approved April 12, 1982 (Ga. L. 1982, p. 4578) and by an Act approved April 1, 1996 (Ga. L. 1996, p. 3813), is amended by revising Section 6A as follows:
"SECTION 6A. The governing authority of Cherokee County is hereby authorized to fix the number, salary, compensation, and expenses of the deputies, clerks, assistants, and other personnel employed by the sheriff, the clerk of the superior court, the tax commissioner, and the judge of the Probate Court of Cherokee County. The governing authority of Cherokee County is authorized to establish and maintain retirement or pension systems and insurance, workers' compensation, and hospitalization benefits for said employees. However, it shall be within the sole power and authority of the sheriff, the judge of the probate court, the clerk of the superior court, and the tax commissioner to employ and prescribe the duties and assignments and to fire the employees of their respective offices."
SECTION 2. Said Act is further amended by repealing Sections 6C and 6D.
3990
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff, clerk of the superior court, tax commissioner, and judge of the probate court of Cherokee County on the salary system, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Wes Cantrell, Representative from District 22, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Cherokee Tribune, which is the official organ of Cherokee County, on the 23rd of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ WESLEY E. CANTRELL Affiant
GEORGIA LAWS 2018 SESSION
3991
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 26th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
TOWN OF MARTIN MAYOR; TERM OF OFFICE.
No. 502 (House Bill No. 1011).
AN ACT
To amend an Act to provide a new charter for the Town of Martin, approved March 18, 1980 (Ga. L. 1980, p. 3215), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3883), so as to change certain provisions relating to the mayoral term; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to provide a new charter for the Town of Martin, approved March 18, 1980 (Ga. L. 1980, p. 3215), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3883), as amended, is amended by revising Section 2.11 as follows:
"Section 2.11. Terms and qualifications of office. The members of the council shall serve for terms of three years and until their respective successors are elected and qualified. The mayor shall serve for a term of four years and until his or her successor is elected and qualified. No person shall be eligible to serve as mayor or councilman unless he or she:
(1) Has been a resident of the town for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) Continues to reside within the town during his or her period of service; (3) Is registered and qualified to vote in municipal elections of the Town of Martin; and
3992
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution."
SECTION 2. Said Act is further amended by revising subsection (d) of Section 5.10 as follows:
"(d)(1) The mayor in office on January 1, 2018, shall continue in office until December 31, 2019. At the election in 2019, and quadrennially on the 2nd Monday in October thereafter, the mayor shall be elected for a term of four years and until his or her successor is elected and qualified. A candidate for the office of mayor shall designate that he or she is a candidate for mayor. The candidate for mayor shall be elected by plurality so that in any election as provided herein the candidate for mayor receiving the highest number of votes cast shall be elected. Notwithstanding any provision of subsection (e) of this section to the contrary, the mayor shall take office on the first day of January immediately following his or her election.
(2) Councilmen and their successors shall be elected on the second Monday in October during the term that their respective terms of office expire for terms of three years and until their successors are elected and qualified. A candidate for the office of councilman shall designate that he or she is a candidate for councilman. All candidates for the office of councilman shall be elected by plurality so that in any election as provided herein the two candidates for councilman receiving the highest number of votes cast shall be elected, and the candidate for councilman, in those years when only one councilman is elected, who receives the highest number of votes cast at said election shall be elected. Notwithstanding any provision of subsection (e) of this section to the contrary, the councilmen or councilman shall take office on the first day of January immediately following his or her election."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the Town of Martin, approved March 18, 1980 (Ga. L. 1980, p. 3215), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p.3883, so as to change certain provisions relating to the mayoral term; and for other purposes.
GEORGIA LAWS 2018 SESSION
3993
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dan Gasaway, Representative from District 28, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Toccoa Record, which is the official organ of Stephens County, on the 22nd of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ DAN GASAWAY Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 26th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
3994
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
CITY OF GREENSBORO CORPORATE LIMITS.
No. 503 (House Bill No. 1017).
AN ACT
To amend an Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended, is amended by adding a new subsection to Section 1.11 to read as follows:
"(d) On and after the effective date of this subsection, the corporate limits shall not include the following:
All that certain tract or parcel of land with improvements thereon, situate, lying and being in the 143rd District G.M. of Greene County, Georgia, containing 5.991 acres, more or less, and being more accurately depicted as Tract 1 on the plat filed in Plat Cabinet 1, Slide 761, Page 4 within the real estate records of the Greene County Superior Court."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Notice Of Intention To Introduce Local Legislation
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Greensboro, approved March 16, 1978 (Ga. L. 1978, p. 3932), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Trey Rhodes, Representative from District 120, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.
GEORGIA LAWS 2018 SESSION
3995
(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Herald Journal, which is the official organ of Greene County, on the 22nd of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ TREY RHODES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 28th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
COFFEE COUNTY BOARD OF EDUCATION; VACANCIES.
No. 504 (House Bill No. 1022).
AN ACT
To amend an Act creating the Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, so as to revise provisions regarding filling
3996
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
vacancies on the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, is amended by striking subsection (a) of Section 3 and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) In the event a vacancy occurs on the board for any reason other than the expiration of the term of office and there is one year or less remaining in such person's term of office, the remaining members of said board shall elect a person who shall serve for the unexpired term. In the event that there is more than one year remaining in such person's term of office, the vacancy shall be filled by special election called and held in accordance with Code Section 21-2-540 of the O.C.G.A."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, so as to revise provisions regarding filling of vacancies of members on the board; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Clay Pirkle, Representative from District 155, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Douglas Enterprise, which is the official organ of Coffee County, on the 1st of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice
GEORGIA LAWS 2018 SESSION
3997
of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ CLAY PIRKLE 155 Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CAMDEN COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION.
No. 505 (House Bill No. 1023).
AN ACT
To create a Board of Elections and Registration for Camden County, which shall conduct primaries and elections for Camden County, the City of St. Marys, the City of Woodbine, and the City of Kingsland, and provide for its powers and duties; to provide for the composition of the board and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to provide for
3998
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the members of the board; to provide for offices and equipment; to provide for contracts with certain municipalities; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to subsection (b) of Code Section 21-2-45 of the O.C.G.A., there is created the Board of Elections and Registration for Camden County, hereinafter referred to as "the board." Except as otherwise provided in this Act, the board shall have the powers, duties, and responsibilities of the election superintendent of Camden County, the municipal election superintendent of the City of St. Marys, the City of Woodbine, and the City of Kingsland, and the board of registrars of Camden County, all as provided for under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. (a) Such board shall be composed of not less than three members, each of whom shall be an elector and a resident of the county, and who shall be appointed by the governing authority of Camden County. (b) The initial members of the board shall be appointed for terms of office beginning January 1, 2019. The governing authority of the county shall designate one or two (if more than three initial members) of the initial members to serve for a term of two years and two or three (if more than three initial members) of the initial members to serve for terms of four years, and until their successors are appointed and qualified. Thereafter, all members of the board shall be appointed for terms of four years and until their successors are appointed and qualified. (c) No person who holds or qualifies as a candidate for elective public office shall be eligible to serve as a member of the board during the term of such office, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office.
SECTION 3. (a) The appointment of each member of the board shall be made by the governing authority of Camden County filing an affidavit with the clerk of the superior court no later than 30 days preceding the date at which such member is to take office stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to
GEORGIA LAWS 2018 SESSION
3999
the Secretary of State and shall provide for the issuance of appropriate commissions to the members within the same time and in the same manner as provided by law for registrars. (b) If the governing authority of the county does not, in conformity with this Act, certify an appointment to the board within 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, then the judge of the Probate Court of Camden County shall immediately fill that vacancy by making the appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office.
SECTION 4. Each member of the board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the governing authority of Camden County and to the clerk of the superior court. Each member shall be subject to removal from the board by the governing authority of the county at any time for cause after notice and hearing.
SECTION 5. Except as provided in subsection (b) of Section 3 of this Act, in the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, the governing authority of Camden County shall appoint a successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members.
SECTION 6. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars.
SECTION 7. On January 1, 2019, the election superintendent of Camden County and the board of registrars of Camden County shall be relieved from all powers and duties to which the board of elections and registration succeeds by the provisions of this Act; and they shall deliver thereafter to the chairman of the board, upon his or her written request, custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. At such time, the board of registrars of Camden County shall stand abolished.
SECTION 8. The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of the
4000
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
elections supervisor, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. Action and decision by the board shall be by a majority of the members of the board. Every two years the board shall elect one of its members to serve as chairman for a two-year term.
SECTION 9. The board may hold regular meetings at the county courthouse or such other location as the board may prescribe. Any specially called meetings held pursuant to the bylaws adopted by the board shall be held only after notification of the time and place of the holding of such meeting has been communicated in writing to the elections supervisor who shall provide public notice of the meeting as required by law. All meetings of whatever kind of the board shall be conducted pursuant to Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings.
SECTION 10. The elections supervisor shall be a Camden County employee for purposes of pay, benefits, sick leave, vacation, termination of employment, and for other purposes. Such position shall be full time. The elections supervisor shall direct and control the administration of elections and voter registration in Camden County and the holding of any municipal primary or election to be conducted within the City of St. Marys, the City of Woodbine, and the City of Kingsland and shall supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall act within 60 days of its members taking office under this Act, or of the date of any vacancy in such position, to submit and recommend for the position one to three names of qualified individuals to the County Administrator, who shall hire an elections supervisor based on a job description drawn by the board. The County Administrator may either hire one of the candidates submitted and recommended by the board, or the County Administrator may reject all the candidates submitted and recommended by the board and hire another qualified candidate. The elections supervisor shall be deemed a county department head and shall not be eligible to serve as a member of the board. As a county department head, the elections supervisor shall be subject to direction, evaluation, and corrective action by the County Administrator.
SECTION 11. The elections supervisor shall be authorized to employ such full-time and part-time employees, including poll workers, as may be deemed necessary by the elections supervisor and as are approved in the annual budget adopted by the governing authority of Camden County. All such employees shall be considered county employees for purposes of pay, benefits, sick leave, vacation, and for other purposes.
GEORGIA LAWS 2018 SESSION
4001
SECTION 12. With the consent of the governing authority of Camden County, the board shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern.
SECTION 13. The compensation of the chairman and other members of the board, the elections supervisor, clerical assistants, and other employees shall be as fixed by the governing authority of Camden County. Such compensation shall be paid from county funds.
SECTION 14. The governing authority of Camden County shall provide the board and the elections supervisor with proper and suitable offices and equipment.
SECTION 15. The board shall have the authority to contract with any municipality located within Camden County for the holding by the board of any primary or election to be conducted within the municipality; provided, however, that any such contract must be approved and ratified by the governing authority of Camden County.
SECTION 16. The words "election," "elector," "political party," "primary," and "public office" shall have the same meaning as ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act.
SECTION 17. This Act shall become effective on January 1, 2019, except that for purposes of making initial appointments to the board, it shall become effective on July 1, 2018.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to create the Joint Board of Elections and Registration of Camden County; and for other purposes.
4002
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jason Spencer, Representative from District 180, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Tribune & Georgian, which is the official organ of Camden County, on the 1st of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JASON C. SPENCER 180th Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of March in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
GEORGIA LAWS 2018 SESSION CITY OF GLENNVILLE NEW CHARTER.
4003
No. 506 (House Bill No. 1024).
AN ACT
To provide a new charter for the City of Glennville; to provide for boundaries and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, election management, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, city attorney, a city clerk, and other personnel and duties, powers, and other matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, fees, and collection of delinquent taxes and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide a specific repealer; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Name and corporate powers.
(a) The City of Glennville, heretofore incorporated under the laws of Georgia, shall, from and after the passage of this Act, be known by the corporate name of the "City of Glennville," and by that name be and is hereby invested with all the rights, powers, and privileges incident to municipal corporations in this state. (b) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter.
4004
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. (d) All powers, functions, rights, privileges, and immunities of the city and its officers, agencies, and employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. (e) The powers of the city shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm water and establishment of a
GEORGIA LAWS 2018 SESSION
4005
storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (15) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (16) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (17) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (18) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (19) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other
4006
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (20) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (21) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (22) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (23) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (24) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (25) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements, and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (26) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (27) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (28) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (29) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (30) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public
GEORGIA LAWS 2018 SESSION
4007
utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (31) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (32) Special areas of public regulation. To regulate or prohibit junk dealers and the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (33) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (35) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (36) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed, to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (37) Urban redevelopment. To organize and operate an urban redevelopment program; (38) Water and sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; to charge, impose, and collect a sewer connection fee or fees to those connected with the system; to levy a fee, charge, or water tax as necessary to ensure the acquiring, constructing, equipping, operating, maintaining, and extending of wells, storage tanks, and a water system and to levy on those to whom water services are made available a water service fee, charge, or tax for the availability or use of the water system; to provide for manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a water connection fee; and (39) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its
4008
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 2. Corporate limits.
The corporate limits of the City of Glennville shall be as follows: Beginning at the center of Barnard Street at the point where Caswell Street intersects said Barnard Street and extending three-fourths of one mile in every direction from said central point, making a complete circle. The map of the corporate limits of the City of Glennville shall be available for public view inside city hall.
SECTION 2A. Added territory.
In addition to that territory presently embraced within the corporate limits of the City of Glennville pursuant to Section 2 of this charter, the limits of such city shall also embrace all that territory and land lying and being in the 1432nd G.M. District of Tattnall County, Georgia, same adjoining and completely surrounding, but not including, the land presently within the city limits of the City of Glennville, Georgia, and being more particularly described on the perimeter as follows: Beginning at a point 10,875.5 feet from a line N 57 21' W from the center of the intersection of Caswell and Barnard Streets in the City of Glennville, Georgia; thence running in a straight line N 84 46' E 12,400 feet to a point; thence running in a straight line S 21 19' E 12,753 to a point; thence running in a straight line S 77 30' W 11,650 feet to a point; thence running in a straight line N 32 30' W 11,137 feet to a point; thence running in a straight line N 5 30' E 3,897 feet to the point of beginning; the interior boundary lines of said territory to be annexed as described above being the present city limits of said City of Glennville; said territory and land being shown on a plat thereof prepared on January 29, 1970, by Joe P. Davis, Georgia Registered Surveyor No. 1436, for the City of Glennville, Georgia. Notwithstanding any other provision of this charter to the contrary, the property and all owners thereof located within the territory added to the corporate limits of the City of Glennville by this section shall not be subject to any ad valorem taxation until the City of Glennville shall provide within said territory essentially equivalent services as are enjoyed by the residents and property owners of that territory set forth in Section 2 of this Act.
GEORGIA LAWS 2018 SESSION
SECTION 2B. Added territory (Recreation Park).
4009
In addition to any other territory lying within the corporate limits of the City of Glennville, such corporate limits shall also include the following: All that certain tract or parcel of land, situate, lying and being in the 1432nd G. M. District of Tattnall County, Georgia, containing 53.6 acres of land and bounded as follows: North by lands of Carlyle Harrison, East by land of the City of Glennville, South by lands of T. K. F. Farms, Inc,. and West by lands of T. K. F. Farms, Inc., and Carlyle Harrison. Survey begins at iron spike, run of branch (North end of property) at land that joins Carlyle Harrison. S72 00' E, 445.0 feet; thence S 19 00'E, 304.3 feet; NE 0 00'E, 390.1 feet; thenceN65 00'E, 347.8 feet; thence SE 1 35'E, 83.2 feet; thence S65 37'W, 780.9 feet; thence S4 36'E, 965.2 feet; thence W79 44'W, 2525.0 feet; thence N 13 26'E, 205.0 feet; thence N29 13'E, 147.5 feet; thence N74 13'E, 925.0 feet; thence N56 32'E, 992.1 feet to beginning of survey.
SECTION 2C. Added territory (Pond, Recreation Park).
In addition to any territory lying within the corporate limits of the City of Glennville, such corporate limits shall also include the following: All that certain tract or parcel of land, situate, lying and being in the 1432nd G. M. District of Tattnall County, Georgia, containing 9.48 acres, more or less, and bounded as follows: Northerly by lands of A. C. Harrison, Easterly and North-Easterly by lands of A. C. Harrison; Easterly and Southeasterly by lands of the City of Glennville, upon which is located Glennville Recreation Center and Westerly by a county unpaved road. Beginning at the run of a branch on the eastern edge of a county unpaved road where the Southern boundary line of the lands herein and the Western boundary line of the lands of the City of Glennville adjoin a county unpaved road, thence along the Eastern edge of said county unpaved road N 24 49' E for a distance of 206 feet, thence N 16 17' E for a distance of 195.8 feet, thence S 75 13' E for a distance of 380.4 feet, thence N 49 44' E for a distance of 621.4 feet, thence N 37 36' E for a distance of 860.9 feet, thence S 37 53' E for a distance of 339 feet to the run of a creek, thence S 54 25' W [for] a distance of 41.7 feet to the center of an earthen dam, thence S 49 12' W for a distance of 1261.7 feet, thence N 26 4' W for a distance of 21.6 feet, thence S 50 40' W for a distance of 154.2 feet, thence N. 65 20' W for a distance of 54.7 feet, thence S 70 10' W for a distance of 78.3 feet, thence S 68 39' W for a distance of 98.1 feet, thence S 62 22' W for a distance of 171.9 feet, thence S 71 57' W for a distance of 96.6 feet, thence S 42 56' W for a distance of 32.3 feet, thence N 89 4' W for a distance of 113 feet, to the point of beginning.
4010
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2D. Added territory (Oak Ridge Subdivision).
In addition to any territory lying within the corporate limits of the City of Glennville, such corporate limits shall also include the following: All that certain tract or parcel of land, situate, lying, and being in the 1432nd G. M. District of Tattnall County, Georgia, containing 22.99 acres, more or less, and bounded as follows: North by other lands of Jack L. Rogers and City of Glennville; Southeast by lands of Burney An Mann Scales; and Westerly by lands of Ms. Corene Smith and lands of N. R. Griffin Estate. Beginning at an iron spike on East end of property along City of Glennville Limits and running S37 23'W for a distance of 1899.11 feet, thence N15 40' W for a distance of 591.97 feet, thence N08 33' W for a distance of 652.91 feet to City of Glennville Limits. Beginning back at point of survey S78 30'40" W for a distance of 1438.94 feet running along City of Glennville Limits to an iron spike.
SECTION 2E. Added territory (Smith State Prison).
In addition to any territory lying within the corporate limits of the City of Glennville, such corporate limits shall also include the following: All that certain tract or parcel of land situate, lying and being in the 1700th G.M. District of Tattnall County, Georgia, containing 243.834 acres, more or less, and bounded as follows: North by lands of Dr. J. Troy Rahn, lands of Larry Banks, and lands of the Luther Durrence Estate; East by the north prong of Beards Creek which separates this tract of land from lands now or formerly of Jimmy Rockmore and lands of the Wallace Knight Estate; South by the south prong of Beards Creek, lands of Freddie Kicklighter, and by lands of ITT Rayonier; and West by lands of Dr. J. Troy Rahn. BEGINNING on the eastern edge of U.S. Highway 301 where the northwesterly boundary line of Freddie Kicklighter adjoins the land herein described, said point being a distance of 5,650 feet along the eastern edge of U.S. Highway 301 from the existing city limits of the City of Glennville; THENCE, S 70 50.46' E a distance of 2,188.85 feet along the lands of Freddie Kicklighter; THENCE, S 3 24' W a distance of 693 feet along the lands of Freddie Kicklighter to the run of the south prong of Beards Creek; THENCE, S 58 46' E a distance of 392.48 feet in the south prong of Beards Creek; THENCE S 76 9.22' E a distance of 453.15 feet in the south prong of Beards Creek; THENCE, N 9 19' E a distance of 390.19 feet from the north prong of Beards Creek; THENCE, N 48 3' W a distance of 215.34 feet in the north prong of Beards Creek; THENCE N 5 20' E a distance of 357.21 feet in the north prong of Beards Creek; THENCE, N 36 27' W a distance of 549.37 feet in the north prong of Beards Creek; THENCE, N 3 52' E a distance of 384.81 feet in the north prong of Beards Creek; THENCE, N 72 17' E a distance of 354.69 feet in the north prong of Beards Creek; THENCE N 68 19' E a distance of 719.76 feet in the north prong of Beards Creek; THENCE, N 3 4' E a distance
GEORGIA LAWS 2018 SESSION
4011
of 223.35 feet in the north prong of Beards Creek; THENCE, N 12 0' E a distance of 327.48 feet in the north prong of Beards Creek; THENCE N 23 54' E a distance of 140.40 feet in the north prong of Beards Creek; THENCE, N 16 10' W a distance of 374.20 feet in the north prong of Beards Creek; THENCE, N 32 55' W a distance of 290 feet in the north prong of Beards Creek; THENCE, N 56 44' E a distance of 104.90 feet in the north prong of Beards Creek; THENCE, N 36 16' W a distance of 134.20 feet in the north prong of Beards Creek; THENCE, N 30 16' W a distance of 168.64 feet in the north prong of Beards Creek; THENCE, S 67 18' W a distance of 1,484 feet along the lands of the Luther Durrence Estate; THENCE, N 7 58.47' W a distance of 2,638.72 feet along the lands of the Luther Durrence Estate; THENCE, S 79 58.15' W a distance of 236.48 feet along the lands of Larry Banks; THENCE S 4 53.44' W a distance of 902.42 feet along the lands of Larry Banks; THENCE, S 5 32.25' W a distance of 828.79 feet along the lands of Larry Banks; THENCE, N 83 53.34' W a distance of 2,214.80 feet along the lands of Larry Banks; THENCE, S 31 43.55' W a distance of 495.46 feet along the lands of Dr. J. Troy Rahn; THENCE, N 72 50.52' W a distance of 1,578.34 feet along the lands of Dr. J. Troy Rahn; THENCE, S 32 15' W a distance of 281.24 feet along the lands of Dr. J. Trov Rahn to the run of the south prong of Beards Creek; THENCE, S 60 31.52' W a distance of 206.27 feet in the run of the south prong of Beards Creek; THENCE, S 83 9.16' E a distance of 1,548.92 feet along the lands of ITT Rayonier; THENCE, N 88 54.56' E a distance of 385.88 feet along the lands of ITT Rayonier; THENCE, S 49 53.08' E a distance of 282.56 feet along the lands of ITT Rayonier; THENCE, S 74 21.31' E a distance of 225.47 feet along the lands of ITT Rayonier; THENCE S 77 36.07' E a distance of 251.30 feet along the lands of ITT Rayonier; THENCE, S 49 28.33' E a distance of 125.85 feet along the lands of ITT Rayonier; THENCE S 14 59.57' E a distance of 285.19 feet along the lands of ITT Rayonier; THENCE, S 12 34.22' W a distance of 123.15 feet along the lands of ITT Rayonier, THENCE, S 63 32.54' E a distance of 569.35 feet along the lands of ITT Rayonier and traversing U.S. Highway 301 to the eastern edge of U.S. Highway 301; THENCE, S 14 10.01' W a distance of 693.16 feet along the eastern edge of U.S. Highway 301; THENCE, S 17 34.31' W a distance of 191.56 feet along the eastern edge of U.S. Highway 301 to the point of BEGINNING.
SECTION 2F. Added territory (Veterans Cemetery).
In addition to any territory lying within the corporate limits of the City of Glennville, such corporate limits shall also include the following: All that certain lot, tract or parcel of land situate, lying and being in the 1432nd G. M. District of Tattnall County, Georgia, containing 42.621 acres, more or less, and being more particularly described on a plat of survey prepared by John O. Parker, Georgia Registered Land Surveyor Number 1850, dated July 10, 2003 and recorded in Plat Book 22, Page 116 in the Office of the Clerk of Tattnall Superior Court. Said plat is incorporated herein by reference for descriptive and all other purposes.
4012
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Said property is bounded now, or formerly, as follows: On the North by lands of Wayne Durrence, lands of Kenneth Brian Nall, lands of Robert P. Hallman, lands of Timothy J. Strickland, lands of Edgar Allen and Rose DeLoach, lands of Susan C. Linnander, lands of Michael A. and Sandra L. Moody, lands of Delta Gamblin, lands of Mrs. P. Maloy Odum and lands of Kenneth R. McDowell, Sr; On the Southeast by the right of way of U. S. Highway 301 and lands of Ricky E. Wilson, et al.; On the Southwest by lands of Timothy O. Bland and Larenda S. Bland; and On the West by lands of Weitzel E. Beck, lands of Kathleen Fate, et al., and lands of Steven R. & Bertraud Harris. Said lands described hereinabove are inclusive of the road bed that was formerly identified as County Road 405 and which traverses the lands described herein. Said road was closed by a resolution of the Tattnall County Board of Commissioners dated September 13, 2004 subsequent to the preparation of the plat referenced in this section. Said land is the same as that conveyed by the Development Authority of the City of Glennville by General Warranty Deed to the State of Georgia dated October 2, 2003 which deed is of record in the Office of the Clerk of Tattnall Superior Court in Deed Book 466, Page 639. Said property is more accurately depicted by a plat by Joe P. Davis, Georgia Registered Surveyor 1436, dated February 5, 1990, reference being made hereto for descriptive and all other purposes.
SECTION 2G. Added territory (Waste-water Treatment Plant).
In addition to any territory lying within the corporate limits of the City of Glennville, such corporate limits shall also include the following: All that certain tract or parcel of land, situate, lying, and being in the 1432nd G. M. District of Tattnall County, Georgia, containing 200.385 acres, more or less, being irregularly shaped and described by metes, bounds, courses and distances as follows: Beginning at a point that is the southwest-most corner of lands owned by Pinnacle Towers, Ind., where the same joins lands of Lyndal A. Rogers, on the existing City Limits of the City of Glennville at a concrete marker, thence running along a line S 54 24' 29" E, a distance of 911.12 feet to a point; thence turning and running along a line N 40 29' 32" E, a distance of 887.81 feet to a point; thence turning and running along a line S 24 58' 49" E, a distance of 164.52 feet to a point; thence turning and running along a line S 40 22' 15" W, a distance of 239.37 feet to a point; thence turning and running along a line S 35 33' 42"E, a distance of 844.42 feet to a point; thence turning and running along a line N39 58' 44" E, a distance of 231.07 feet to a point; thence turning and running along a line S71 23' 34" a distance of 175.88 feet to a point; thence turning and running along a line S 45 35' 21" E. a distance of 156.47 feet; Thence turning and running along a line S 27 44' 16 E, a distance of 209.67 feet; thence turning and running along a line S13 31' 12", a distance of 145.17 feet to a point; thence turning and running along a line S 17 02' 06" E. a distance of 135.40 feet to a point; thence turning and running along a line S 29 35' 55" E., a distance of 152.70 [feet] to a point; thence turning and running along] a
GEORGIA LAWS 2018 SESSION
4013
line S 11 49' 19" E, a distance of 124.79 feet to a point; thence turning and running along a line S 30 00' 20" R, a distance of 187.73 feet to a point; thence turning and running along a line S 05 29' 46" E, a distance of 164.70 feet to a point; thence turning and running along a line S 46 27' 41 E, distance of 251.45 feet to a point; thence turning and running along a line S 04 09' 03" W, a distance of 138.20 feet to a point; thence turning and running along a line S 14 42' 07" W, a distance of 167.04 feet to a point, thence turning and running along a line S 10 38' 16" W, a distance of 123.15 feet to a point; thence turning and running along a line S 33 15' 01" E, a distance of 311.94 feet to a point; thence turning and running along a line S24 48' 47" E, a distance of 133.12 feet to a point; thence turning and running along a line S 22 29' 27"E. a distance of 304.14 feet to a point; thence turning and running along a line S 09 20' 47" E, a distance of 325.00 feet to a point; thence turning and running along a line S 23 15' 47" E, a distance of 316.59 feet to a point; thence turning and running along a line S 16 53' 47" E, a distance of 229.45 feet to a point; thence turning and running along a line S 06 44' 47" E, a distance of 281.85 feet to a point; thence turning and running along a line S 36 41' 47" E, a distance of 163.25 feet to a point; thence turning and running along a line S 09 08' 13" W, a distance of 153.15 feet to a point; thence turning and running along a line S 86 35' 13"W, a distance of 339.34 feet to point; thence turning and running along a line S 84 07' 13" W, a distance of 943.50 feet to a point; thence turning and running along a line N 01 28' 27" W, a distance of 91.60 feet to a point; thence turning and running along a line S 84 38' 37" W, a distance of 640.82 feet to a point; thence turning and running along a line S 03 10' 51" E, a distance of 91.60 feet to a point; thence turning and running along a line S 84 37' 52" W, a distance of 517.36 feet to a point thence turning and running along a line N 04 42' 16" E, a distance of 735.72 feet to a point; thence turning and running along a line N 88 40' 29" w, a distance of 175.02 feet to a point; thence turning and running along a line N 79 08' 29" W, a distance of 125.66 feet; thence turning and running along a line N 69 39' 10", W, a distance of 264.26 feet; thence turning and running along a line N 30 01' 26" E, a distance of 240.81 feet to a point; thence turning and running along a line N 55 48' 16" E, a distance of 1416.72 feet to a point; thence turning and running along a line N 81 54' 59 E, a distance of 300.79 feet to a point; thence turning and running along a line N 82 26' 36" E, a distance of 114.83 feet to a point; thence turning and running along a line N 56 12' 58" W. a distance of 1803.27 feet to a point; thence turning and running along a line N 33 47' 02" E. a distance of 250.92 feet to a point; thence turning and running along a line N 56 12' 58" W a distance of 250.00 feet to a point; thence turning and running along a line S 44 33' 07" W for a distance of 256.95 feet to a point; thence turning and running along a line S 66 19' 08 W, for a distance of 80 feet to a point; thence turning and running along a line N 38 07' 42" W, for a distance of 268.77 feet to a point; thence turning and running along a line N 52 34' 32" W, a distance of 940.32 feet to a point; thence turning and running along a line N 49 51' 40" W, a distance of 58.08 feet to a point; thence turning and running along a line N 35 45' 42" E, a distance of 1116.50 feet to the point of beginning.
4014
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2H. Added territory (Industrial Development Authority).
In addition to any territory lying within the corporate limits of the City of Glennville, such corporate limits shall also include the following: All that certain tract or parcel of land, situate, lying and being in the 1432nd G. M. District of Tattnall County, Georgia, containing 93.79 acres, more or less, being irregularly shaped and described by metes, bounds, courses and distances as follows: Beginning at a point marked by a PK nail that is driven into the center line of Georgia highway 144 at the point where the centerline of County Road No. 321 intersects the centerline of Georgia Highway No. 144 and travels generally southeasterly direction along a line that is S 05E 09' 38" E for a distance of 1,331.76 feet to a spike set in the center line of County Road No. 321 which is THE POINT OF BEGINNING; thence turning in a easterly direction and running along a line that is S 79E 49' 21" E a distance of 1,972.47 feet to a point; thence turning in a northwesterly direction and running along a line N 42E 20' 11" W a distance of 251.81 feet to a point; thence turning northerly and running along a line N 28E 54' 52" W a distance of 390.76 feet to a point; thence turning and running along a line N 21E 31' 54" W a distance of 377.97 feet to a point; thence turning and running along a line N 43 E 04' 52" E a distance of 31.03 feet to a point; thence turning and running to a point marked by rebar; thence continuing along a line N 43E 04' 52" B a distance of 133.30 feet to a point where said line intersects with the Glennville City Limits; thence turning in a south easterly direction and running along a line S 35E 36' 16" E a distance of 2,768.05 feet to a point; thence turning in a westerly direction and running along a line N 78E 42' 14" W a distance of 481.99 feet to a point; thence turning in a westerly direction and running along [a] line N 77E 04' 14" W a distance of 384.12 feet to a point; thence turning and running westerly and running along a line N 81E 08 14" W a distance of 97.68 feet to a point; thence turning westerly and running along a line N 77E 19' 14" W a distance of 352.44 feet to a point; thence turning northwesterly and running along a line N 70 E 17' 14" W a distance of 290.40 feet to a point; thence turning westerly and running along a line N 71 E 42' 31" W a distance of 85 feet to a concrete monument; thence turning and running in a southerly direction and running along a line S 29E 23' 50" W a distance of 10,040.41 feet to a concrete monument; thence turning and running in a westerly direction along a line N 85E 58' 33"W a distance of 355.07 feet to a point; thence turning westerly running along a line N 72E 06' 19" W a distance of 102.53 feet to a point; thence turning in a southwesterly direction and running along a line W 65E 29' 20"W a distance of 130.48 feet to a point; thence turning westerly and running along a line N 82E 15' 26" W a distance of 304.45 feet to a metal spike set in the centerline of County Road No. 321; thence turning in a northerly direction and running along] a line N 02E 21' 02" W a distance of 880.24 feet to a spike set in the center line of County Road 321; thence running in a northerly direction along a line N 05E 43' 38" W a distance of 155.58 feet to a point; thence turning northerly running along a line N 07E 42' 58" W a distance of 280.48 feet to a spike set in the center line of County Road No. 321; thence turning in a northerly direction and
GEORGIA LAWS 2018 SESSION
4015
running along a line N 04E 07' 39W a distance of 754.75 feet to THE POINT OF BEGINNING.
SECTION 3. Mayor and council; operations.
(a) The government of the City of Glennville shall be vested in a mayor and four council members, one council member to be elected from and live in each of the wards of such city. (b) The city council shall, at the first meeting after election and qualification, elect one of their members as mayor pro tem, who shall, in the absence of the mayor and in case of his or her disqualification, be the presiding officer of the city council, and shall be allowed to vote on all questions, and who, in the absence or disqualification of the mayor, may and shall exercise all the duties, powers, rights, and privileges conferred by this charter upon the mayor, in the absence of the major or when the mayor, from sickness or from other reasons, is unable to act. (c) The mayor and councilmembers shall receive compensation and expenses for their service as provided by the pay scale and compensation plan approved by resolution. (d) The City of Glennville shall operate as a city manager form of government.
SECTION 4. Elections; qualifications for office; terms.
(a) There shall be a municipal election biennially in the odd-numbered years on the Tuesday following the first Monday in November. (b) There shall be elected the mayor and two councilmembers from Wards 1 and 2 at one election and at every other regular election thereafter. The remaining city council seats, Wards 3 and 4, shall be filled at the election alternating, in the year following a presidential election, so that a continuing body is created. (c) Terms shall be for four years and until a successor is elected and qualified. (d) The city shall be divided into four wards within boundaries of this city, existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law:
(1) The wards of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Ward Map of the corporate limits of the City of Glennville, Georgia"; (2) Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description; and
4016
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) The city council may provide for the redrawing of any such map, by ordinance, to reflect lawful changes in the ward boundaries, and a redrawn map shall supersede for all purposes the entire map, or maps, which it is designated to replace. (e)(1) For the purpose of electing members of the council, the City of Glennville shall be divided into four wards which shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: glennville-import-2013 Plan Type: local Administrator: glennville User: bak'. (2) For the purposes of such plan:
(A) The term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (3) Any part of the City of Glennville which is not included in any district described in paragraph (1) of this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of the City of Glennville which is described in paragraph (1) of this subsection as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (f) The mayor shall be elected by a plurality of the consolidated vote of the qualified electors of the entire city. (g) The councilmembers shall be elected by a plurality of the consolidated vote of the qualified electors voting within their respective wards. (h) In cases where two or more candidates for any city office shall receive the same number of votes, thereby resulting in a tie, a runoff shall be held by the Tattnall County Board of Elections in accordance with the election laws of this state. (i)(1) No person shall be eligible to serve as mayor unless said person has been a resident of the City of Glennville for 12 months immediately preceding the mayoral election. The mayor shall continue to reside within the City of Glennville during the period of service. (2) No person shall be eligible to serve as a councilmember unless such person has been a resident of the City of Glennville for 12 months immediately preceding the election of the councilmember. A councilmember shall reside within his or her respective council
GEORGIA LAWS 2018 SESSION
4017
ward for a minimum of 12 months immediately preceding the election and for the duration of the period of service. (3) No person's name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the Tattnall County Board of Elections that he or she desires his or her name to be placed on said ballot as a candidate, either for mayor or councilmember. (j) Candidates for office shall be at least 21 years of age. (k) At any election, all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia and who are bona fide residents of the city shall be eligible to qualify as voters in the election. (l) All municipal elections shall be nonpartisan and without primaries. (m) All elections shall be held and conducted in accordance with applicable state law. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (n) Persons elected to municipal office shall take office on the day of the first council meeting in January following their election. (o) The mayor and council shall meet in the city hall or council chamber and there severally take before some officer of this state authorized to administer oaths the following oath of office: "I do solemnly swear that I will well and truly demean myself as mayor (or councilmember, as the case may be) of the City of Glennville for the ensuing term and faithfully enforce the charter and ordinances of the city to the best of my skill and knowledge without fear or favor, so help me God." (p) Should any councilmember-elect or mayor-elect be absent from such meeting, the oath of office shall be taken as soon as possible thereafter.
SECTION 5. Election management.
All elections held under the provisions of this charter and all elections in which a subject or question submitted to the qualified voters of the City of Glennville shall be superintended and managed, pursuant to the authorities of state law, by the Tattnall County Board of Elections. The Tattnall County Board of Elections shall be responsible for furnishing all personnel who are required by law or deemed necessary for the efficient and lawful conduct of such elections. Such election personnel shall open the polls at all elections held in the city at the place named and designated by the mayor and council, and such polls shall be open from 7:00 a.m. to 7:00 p.m., at which time they shall be closed; and such personnel shall proceed to tally the balance, consolidate the returns of such election, and certify the same. All election personnel shall take and prescribe an oath before some officer of such city and county qualified to administer oaths substantially as follows:
4018
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"We, and each of us, do solemnly swear that we will faithfully and impartially conduct this election, and prevent all illegal voting to the best of our skill and power, so help us God."
SECTION 6. Vacancies; filling.
(a) In case of a vacancy in the office of mayor, caused by death, resignation, removal from the city, a change in residency outside of the city, or otherwise, the city council shall proceed at once to call a special election for the purpose of electing a mayor to fill the unexpired term if the remaining period of the term is 12 months or more, under the same rules in which general city elections are held. (b) During the time such vacancy may exist, the mayor pro-tem shall discharge the duties incumbent upon the office of mayor. (c) In case of a vacancy in the office of councilmembers, caused by death, resignation, removal from the city, a change in residency outside a councilmember's respective ward, a change in residency outside of the city, removal from office, or otherwise, such vacancies shall be filled for the unexpired terms by special election if the vacancy occurs more than 12 months before the expiration of the councilmember's term and by appointment of the mayor and council if the vacancy occurs less than 12 months before the expiration of the councilmember's term. No person shall be appointed to serve on the council without meeting residency and ward requirements as set forth in this charter.
SECTION 7. Removal of mayor and councilmembers for cause.
(a) The mayor or councilmembers may be removed from office for any one or more of the following causes:
(1) Declared medical incompetence or misfeasance or malfeasance in office; (2) Conviction of a felony or conviction of a misdemeanor involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any expressed prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to subsection (a) shall be accomplished by one of the following methods: (1) Following a hearing at which an impartial panel shall render a decision.
(A) In the event an elected official is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds
GEORGIA LAWS 2018 SESSION
4019
for removal and to a public hearing which shall be held not less than ten days after the service of such written notice; (B) The city council shall provide by ordinance the manner in which such hearings shall be held; and (C) Any elected officer sought to be removed from office herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Tattnall County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Tattnall County following a hearing on a complaint seeking such removal brought by any resident of the city of Glennville. (A) A resident seeking removal of the mayor must be a resident of the City of Glennville; or (B) A resident seeking removal of a councilmember must be a resident of the respective ward of the councilmember for which removal is sought.
SECTION 8. Meetings of council.
(a) The city council shall be presided over at its meetings by the mayor or, in the absence of the mayor, the mayor pro tem and a majority of the council shall be necessary to constitute a quorum for the transaction of business:
(1) A quorum shall be defined as three councilmembers and shall be authorized to transact business of the city council; (2) Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion; and (3) In the event of a tie, the affirmative vote of two council members and the mayor shall be required for the adoption of any ordinance, resolution, or motion. (b) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance or resolution passed by the council. The council shall cause to be kept in a well-bound book an accurate record of all its proceedings, bylaws, acts, orders, ordinances, and resolutions, which shall be open for public inspection. At such meetings of the city council, the proceedings of the last meeting shall be read and corrected, signed, and approved as corrected, and declared to be the official minutes of the meeting. (c) Special meetings of the city council may be held on call of the mayor or at least three members of the city council. (1) Notice of special meetings shall be served on all other members by personal service, by telephone service, or by e-mail, at least 24 hours in advance of the meeting. (2) Such notice shall state the purpose of the special called meeting. (3) Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called.
4020
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Only the business stated for the special meeting may be transacted. (5) Presence of the mayor and council at the special called meeting shall be deemed a waiver of any defect in the notice. (d) Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal. (e) Any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. (f) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved. (g) Executive sessions of the council may be held for the purpose of conducting business excepted from public access requirements as authorized by applicable state law. Where a meeting of the council is devoted in part to matters within the authorized exceptions to public access requirements, any portion of the meeting not subject to any such exceptions shall be open to the public. (1) No executive session shall be held except pursuant to a majority affirmative vote of the city council taken in a public meeting; (2) The minutes of the public meeting shall reflect the names of councilmembers present, those voting for the executive session, and the specific reasons for the executive session; (3) Minutes of the executive session may be maintained by the clerk of the city council upon a majority vote of the council; and (4) Any such minutes shall be maintained in a confidential file and shall not be subject to disclosure, except that disclosures of such portions of minutes identifying real estate to be acquired by the council may be delayed only until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings have been initiated.
SECTION 9. Duties of mayor.
The mayor shall be the chief executive officer of the city and: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesman for the city and the chief advocate of policy; (3) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing;
GEORGIA LAWS 2018 SESSION
4021
(4) Vote on matters before the city council in the event of a tie vote and not be counted toward a quorum as any other councilmember; and (5) Have the authority to appoint a designee for the signing of other documents related to departments within the city.
SECTION 10. Appointed officials.
(a) The city council shall have power to appoint a city attorney, city clerk, city manager, city fire chief, city police chief, public works director, municipal judge, and such other officers as to the council may seem necessary and proper. The terms of office of such officers shall be for one year, and each appointed official shall serve at the pleasure of the mayor and council:
(1) The mayor or a councilmember may recommend the removal from office for cause of any appointed official; (2) The appointed official shall continue to receive his or her respective salary until the effective date of a final resolution or removal; and (3) For purposes of this section, all elected and appointed city officials are not city employees. (b)(1) The city manager shall supervise and discipline the other appointed officials, with the exception of the city attorney and the municipal judge, but shall not have the authority to hire or fire any appointed official. (2) The city manager shall have the authority to hire and fire any other city employees not considered appointed officials. (3) The city manager shall report to the mayor. (4) The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. (c)(1) The mayor and council shall appoint a city clerk who shall not be a councilmember. (2) The city clerk shall be custodian of the official city seal and city records, shall maintain city council records required by this charter and shall perform such other duties as may be required by the city council, the city manager, and the job description. (d)(1) The mayor and council may appoint a city attorney and shall provide for the payment of such attorney for services rendered to the city. (2) The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs;
4022
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and shall perform such other duties as may be required by virtue of the position as city attorney. (e)(1) The mayor and council shall appoint a municipal judge and shall provide for the payment of such judge for services rendered to the city. (2) The municipal judge shall meet the qualifications provided in Code Section 36-32-1.1 of the O.C.G.A. (3) The judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court. (4) The municipal court shall be convened at regular intervals as provided by ordinance. (5) Fees and fines shall be set by the judge in accordance with state law.
SECTION 11. Arrests.
It shall be lawful for the chief of police of the city, or any regular or special policeman, to arrest without a warrant any and all persons within the corporate limits of said city who are at the time of such arrest or before that time have been guilty, in such limits, of any violation of the ordinances or laws of the city and to hold such persons so arrested until a hearing of the charge can be had before a proper officer; and to this end, the arresting officers are authorized to imprison and confine any person arrested by them in the Tattnall County Jail. To effect an arrest, in case it may be necessary, the police or any arresting officer shall have authority to call to his or her assistance the sheriff of Tattnall County within the parameters of the intergovernmental agreement with the Tattnall County Sheriff's Office.
SECTION 12. Taxation.
The city council may have power and authority each year to act as tax assessors. It shall be the duty of such tax assessors, when they are not satisfied that all returns of property have been made at a fair valuation thereof, to value the real estate and personalty in such city for taxation and to scrutinize carefully each return of property, real and personal, by any taxpayer of the city; and if, in their judgment, they shall find the property embraced in any return to have been returned below its true value, they shall assess the value thereof within 60 days after the time for making tax returns has expired; and whenever they shall raise the valuation at which the taxpayer has returned his property, they shall give him or her notice in writing of their assessment. Then, it shall be the taxpayer's privilege, if dissatisfied with the assessment, to have the matter submitted to three disinterested persons, all residents of the city, of whom one shall be selected by the taxpayer and one by the tax assessors and the other by these two selected; and the majority of these shall fix the assessment, which shall be final. All tax assessors shall be a freeholder in the city. The city council of the City of
GEORGIA LAWS 2018 SESSION
4023
Glennville is authorized to enter into contracts with firms, individuals, or corporations for the employment of persons, firms, or corporations to assist and make recommendations in the mapping, platting, cataloging, indexing, and appraising of all the taxable property, both real and personal, within the city; to make recommendations of the evaluation of such taxable property to the city council; and to search out and appraise unreturned properties in the city, subject to approval of the city council. The city council may hire persons, firms, or corporations to aid and assist in making a cadastral survey and a field book system for real property identification and evaluation.
SECTION 13. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 14. Sales tax.
The city council, in its discretion, shall have the power and authority to levy and collect a tax upon the gross sales of every merchant or other vendor of goods, wares, merchandise, etc., in the city.
SECTION 15. Business tax and occupational tax.
The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by law.
(1) Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed; and (2) The city council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes.
4024
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 16. Business licenses.
The city council, by ordinance, shall have the power to require any individuals or corporations who transact business in the city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and to pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates.
SECTION 17. Fiscal year.
The city council shall set the fiscal year as determined by the city financial policy approved by the mayor and council. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government, unless otherwise provided by general state or federal law.
SECTION 18. Collection of delinquent taxes and fees.
The mayor and city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due to the city by whatever reasonable means not precluded by law. This shall include providing for the dates when taxes or fees are due; late penalties or interest; issuance and execution of fi.fa's; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 19. Millage rate.
The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time at which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the due date. The schedule shall run concurrent with the millage rate cycle of Tattnall County.
GEORGIA LAWS 2018 SESSION
4025
SECTION 20. Municipal bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds shall be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 21. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways; parks; public grounds; cemeteries; markets; market houses; public buildings; libraries; sewers; drains; sewage treatment; water works; electrical systems; gas systems; airports; hospitals; and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the city; and to regulate the use thereof; and for such purposes, property may be taken under applicable state law, as now or as may be provided in the future.
SECTION 22. Regulations concerning use of streets.
The city council shall have the right and power to regulate the use of all sidewalks, crosswalks, and bridges, over or under the same, to require the owners or occupants of any premises to keep the sidewalks in front of or along the same free from obstruction of any kind, to regulate and prevent the throwing of ashes, filth, dirt, offal, garbage, or any offensive matter into any street, lane, alley, sidewalk, or public place, within the city limits, or into any stream of water adjacent to the city, and to prevent any injury to the streets, sidewalks, lanes, or avenues or to any of the public grounds or buildings of the city. In addition, the council shall have the right and power to regulate or prohibit the use of the streets and public grounds for signs, signposts, awnings, and posting of advertisements; to prohibit the scattering on and over the streets and sidewalks of waste, and the like; and to regulate and provide for curbs and gutters that flow into the streets or on the sidewalks of the city.
SECTION 23. Fire limits.
The city council may by ordinance establish fire limits and enlarge or reduce the same as the safety of the city requires. When fire limits are established, it shall be lawful to prohibit the erection of any structure therein of any substance except incombustible material, or such as may be allowed by ordinance.
4026
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 24. Utilities.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the city for the total cost to the city of providing or making available such services.
SECTION 25. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city.
SECTION 26. Franchises.
(a) The mayor and city council shall have the power to grant franchises for the use of the city's streets and alleys and for the purpose of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. (b) The mayor and city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years, and no franchise shall be granted unless the city receives just and adequate compensation therefor. (c) The mayor and city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by the clerk. (d) The mayor and city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
SECTION 27. Churches and cemeteries.
(a) The city council shall have power to protect places of divine worship and all other lawful assemblages. They shall have the right to control and exercise supervision of cemeteries, and to that end may acquire, by purchase or gift, lands either within or without the city limits for the purpose of establishing a place for the burial of the dead. (b) They may by ordinance prevent the burial of the dead at any place in the city that they so desire. They may prescribe where the dead shall or shall not be buried.
GEORGIA LAWS 2018 SESSION
4027
(c) Should any cemetery be established under this section, either within or without the city limits, the city council shall have the right to keep up a street or streets to such cemetery, or walks, lawns, or roads within the same, and to regulate the method of burial therein, and to do all and everything necessary for the health and safety of the citizens.
SECTION 28. Licenses revocable.
The mayor, council, city manager, city clerk, police chief, or another designee of the mayor and council shall have the right to revoke any license at any time that may be or may have been granted by them under provisions of this charter whenever it is sufficiently shown to them that the person or persons to whom said license was granted is abusing the same, or when it is to the best interest of the city to do so.
SECTION 29. Salaries of officers and employees.
The salary of all officers and employees of the City of Glennville shall be fixed by the mayor and council according to the position classification and pay plan approved by the mayor and council.
SECTION 30. Mayor and councilmembers not to be interested in any municipal contracts.
(a) It shall be unlawful for the mayor or any member of the city council to be interested, either directly or indirectly, in any contract with the City of Glennville having for its object the public improvement of the city, or any part thereof, or the expenditure of its money. Any violation of this section by any member of the council, or the mayor, shall subject such person to removal from office, and such person shall be punished in the courts of competent jurisdiction as for a misdemeanor. (b) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties;
4028
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization, or use such information to advance his or her financial or other private interest or that of others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest. (c) Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest; such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (d) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such government for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Any violation of this section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render such contract or sale voidable as to that party, at the option of the city council. (f) Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by such government or any agency thereof during the term for which he or she was elected. (g) No appointive officer or employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office for the City of Glennville. (h) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position.
GEORGIA LAWS 2018 SESSION
4029
(i) Any officer or employee of the city who shall forfeit his or her office or position as described in subsection (h) of this section shall be ineligible for appointment or election to, or employment in, a position in the city government for a period of three years thereafter.
SECTION 31. Audits.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public.
SECTION 32. Inquiries and investigations.
The mayor and city council, with a vote of three or more, may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance.
SECTION 33. Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. (b) An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. (c) An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the councilmembers present shall be required for adoption. (d) Such emergency ordinance shall become effective upon adoption or at such later time as it may specify.
4030
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(e) Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. (f) An emergency ordinance may also be repealed in less than 30 days by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
SECTION 34. Contracts, rights and liabilities, properties.
All legal contracts heretofore entered into by the City of Glennville or the corporate authorities thereof, shall be good and valid for or against the City of Glennville incorporated under this charter, to the same extent as if this charter had not passed. All the rights and liabilities of the City of Glennville under the former acts shall accrue and survive to and against the City of Glennville incorporated under this charter. All property and rights thereof now held and owned by the City of Glennville under former acts shall be and become the right and property of the City of Glennville incorporated under this charter. Contracts not specifically outlined in this charter shall be governed according to the city financial policy.
SECTION 35. Specific repealer.
An Act incorporating the City of Glennville in the County of Tattnall, approved August 21, 1911 (Ga. L. 1911, p. 1228), is repealed in its entirety, and all amendatory acts thereto are likewise repealed in their entirety.
SECTION 36. General repealer.
All other laws and parts of laws in conflict with this charter are repealed.
Plan: glennville-import-2013 Plan Type: local Administrator: glennville User: bak
District 001 Tattnall County VTD: 2676 - BIRDFORD 950300: 1231 1232 1234 1235 1247 1251 1273
GEORGIA LAWS 2018 SESSION
VTD: 2677 - EAST GLENNVILLE 950300: 3002 3005 3008 3009 VTD: 2678 - DISTRICT IV 950300: 2058 2061 2085 2086 2087 2088 2089 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4032
District 002 Tattnall County VTD: 2677 - EAST GLENNVILLE 950300: 3015 3016 3017 3018 3019 3020 3021 3022 3038 3039 3040 3041 3042 3043 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 4025 4026 4027 4028 4029 4030 4031
District 003 Tattnall County VTD: 2677 - EAST GLENNVILLE 950300: 3046 3047 3048 3049 3050 3051 3052 3053 3079 3080 3084 3085 3086 3087 3088 3089 950400: 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4041 4049 4051 4052 4053 4054 4055 4060 VTD: 2678 - DISTRICT IV 950400: 3022 3023 3026 3027
District 004 Tattnall County VTD: 2677 - EAST GLENNVILLE 950400: 4034 4035 4036 4037 4039 4040 4042 4044 4045 4046
4031
4032
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
VTD: 2678 - DISTRICT IV 950400: 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3015 3016 3017 3018 3019 3020 3021 3024 3025 3028 3029 3030 3031 3032 3033 3034 3035 3038 3039 3049
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide a new charter for the City of Glennville; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, William Werkheiser, Representative from District 157, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Journal Sentinel, which is the official organ of Tattnall County, on the 22nd of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ WILLIAM WERKHEISER 157 Affiant
GEORGIA LAWS 2018 SESSION
4033
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF JESUP HOTEL/MOTEL TAX.
No. 507 (House Bill No. 1025).
AN ACT
To authorize the governing authority of the City of Jesup to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Jesup is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.
SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution by the governing authority of the City of Jesup on December 5, 2017, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.
4034
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3. In accordance with the terms of such resolution adopted by the mayor and council of the City of Jesup:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Jesup; and (2) The remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent which is not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Jesup to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, William Werkheiser, Representative from District 157, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Press-Sentinel, which is the official organ of Wayne County, on the 10th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
GEORGIA LAWS 2018 SESSION
4035
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ WILLIAM WERKHEISER 157 Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF RINGGOLD HOTEL/MOTEL TAX.
No. 508 (House Bill No. 1026).
AN ACT
To authorize the governing authority of the City of Ringgold to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Ringgold is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel,
4036
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.
SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution No.: 2018-1 by the governing authority of the City of Ringgold on January 8, 2018, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.
SECTION 3. In accordance with the terms of such resolution adopted by the mayor and council of the City of Ringgold:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 6 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Ringgold; and (2) The remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 6 percent which is not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Ringgold to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dewayne Hill, Representative from District 3, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.
GEORGIA LAWS 2018 SESSION
4037
(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Catoosa County News, which is the official organ of Catoosa County, on the 21st of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ DEWAYNE HILL Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 1st of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
4038
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SPALDING COUNTY HOMESTEAD EXEMPTION; SCHOOL TAXES; BASE YEAR; REFERENDUM.
No. 509 (House Bill No. 1028).
AN ACT
To provide for a homestead exemption from Spalding County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Spalding County school district, including, but not limited to, any ad valorem taxes to pay interest on and to retire county school district bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under subsection (b) of this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended , with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the Spalding County school district who is 65 years of age or older is granted an exemption on that person's homestead from Spalding County school district ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of the homestead. This exemption shall not apply to taxes assessed on improvements to such homestead or additional land that is added to such homestead after January 1 of the base year. If any real property is removed from such homestead, the base year assessed value, including any final determination of value on appeal pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, shall be adjusted to reflect such removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
GEORGIA LAWS 2018 SESSION
4039
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless such person or person's agent files an application with the tax commissioner of Spalding County, giving such information relative to receiving such exemption as will enable the tax commissioner of Spalding County to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Spalding County shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the person granted the homestead exemption under subsection (b) of this section occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Spalding County in the event that person for any reason becomes ineligible for such exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect any state ad valorem taxes, county ad valorem taxes for county purposes, municipal ad valorem taxes for municipal purposes, or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to Spalding County school district ad valorem taxes for educational purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2019.
SECTION 2.
The election superintendent of Spalding County shall call and conduct an election as
provided in this section for the purpose of submitting this Act to the electors of the Spalding
County school district for approval or rejection. The election superintendent shall conduct
that election on the Tuesday next following the first Monday in November, 2018, and shall
issue the call and conduct that election as provided by general law. The election
superintendent shall cause the date and purpose of the election to be published once a week
for two weeks immediately preceding the date thereof in the official organ of Spalding
County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from
Spalding County school district ad valorem taxes for educational purposes
for persons 65 years of age or older in an amount equal to the amount by
which the current year assessed value of a homestead exceeds the base year
( ) NO
assessed value, including any final determination of value on appeal
pursuant to Code Section 48-5-311 of the O.C.G.A., as amended, of such
homestead?"
4040
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2019. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Spalding County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide for a certain homestead exemption for Spalding County ad valorem taxes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the adjusted base year assessed value of such homestead under certain circumstances; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, David Knight, Representative from District 130, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Griffin Daily News, which is the official organ of Spalding County, on the 2nd of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or
GEORGIA LAWS 2018 SESSION
4041
otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ DAVID W. KNIGHT Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF DOUGLASVILLE REDEVELOPMENT POWERS; REFERENDUM.
No. 510 (House Bill No. 1030).
AN ACT
To authorize the City of Douglasville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The City of Douglasville shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as
4042
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
amended. The intention of this Act is to authorize the City of Douglasville to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Douglasville to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION 2. The municipal election superintendent of the City of Douglasville shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Douglasville for approval or rejection. The municipal election superintendent shall conduct that election on a date specified in O.C.G.A. Section 21-2-540 and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Douglas County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes the City of Douglasville to utilize tax allocation districts and redevelopment powers under the
( ) NO 'Redevelopment Powers Law,' as it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Douglasville. It shall be the municipal election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 2018 SESSION
4043
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the City of Douglasville to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Roger Bruce, Representative from District 61, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Douglas County Sentinel, which is the official organ of Douglas County, on the 2nd of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ ROGER BRUCE Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia
4044
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
TOWN OF TALLULAH FALLS TOWN COUNCIL; QUORUM; VOTING; SPECIAL MEETINGS.
No. 511 (House Bill No. 1034).
AN ACT
To amend an Act to amend, revise, consolidate, and supersede the several Acts incorporating the Town of Tallulah Falls in Habersham and Rabun counties, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4384), so as to change certain provisions relating to quorum, voting, and special meetings of the town council; to provide for related matters; to repeal conflicting laws; and for the other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act amending an Act to amend, revise, consolidate, and supersede the several Acts incorporating the Town of Tallulah Falls in Habersham and Rabun counties, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4384), is amended by revising Section 2.11, subsection (a) of Section 2.12, and Section 3.12 and by adding a new section to read as follows:
"Section 2.11. The members of the town council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or town council member unless he shall have been a resident of the town six months immediately prior to the date of the election of mayor or members of the town council; each shall continue to reside therein during his period of service and shall be registered and qualified to vote in municipal elections of this town. No person related within the second degree by affinity, or within the third degree by consanguinity, to any elected officer of the town shall be elected to any office of the town other than as a volunteer; provided that this prohibition shall not apply to any such relationships existing on January 1, 2018.
GEORGIA LAWS 2018 SESSION
4045
Section 2.12. (a) The office of mayor or council member shall become vacant upon the incumbent's death, resignation, removal, or otherwise."
"Section 3.11. No person related within the second degree by affinity, or within the third degree by consanguinity, to any elected officer of the town shall be appointed to any office, position, clerkship, employment, or other service of the town other than as a volunteer; provided that this prohibition shall not apply to any such relationships existing on January 1, 2018."
"Section 5.12. Special elections; vacancies. In the event that a vacancy occurs in the office of mayor or council member as set forth in Section 2.12 of this charter and less than half of the unexpired term of such office remains outstanding, the remaining members of the governing authority of the town shall appoint an interim member to serve until such time as a successor is elected and qualified at the next general municipal election authorized by subsection (c) of Code Section 21-2-9 of the O.C.G.A. In the event that a vacancy occurs in the office of mayor or council member as set forth in Section 2.12 of this charter and half or more than half of the unexpired term of such office remains outstanding, the remaining members of the governing authority of the town shall appoint a member to serve until the expiration of such term of office and until a successor is elected and qualified after the next regularly scheduled election."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act to amend, revise, consolidate, and supersede the several Acts incorporating the Town of Tallulah Falls in Habersham and Rabun counties, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dan Gasaway, Representative from District 28, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
4046
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Clayton Tribune, which is the official organ of Rabun County, on the 1st of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ DAN GASAWAY Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act to amend, revise, consolidate, and supersede the several Acts incorporating the Town of Tallulah Falls in Habersham and Rabun counties, approved February 6, 1984 (Ga. L. 1984, p. 3547), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dan Gasaway, Representative from District 28, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.
GEORGIA LAWS 2018 SESSION
4047
(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Northeast Georgian, which is the official organ of Habersham County, on the 28th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ DAN GASAWAY Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
MUSCOGEE COUNTY MAGISTRATE COURT; LAW LIBRARY FEES.
No. 512 (House Bill No. 1035).
AN ACT
To authorize the Magistrate Court of Muscogee County to impose and collect county law library fees as part of the court costs in the magistrate court; to provide for practices and
4048
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
procedures connected therewith; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. For the purposes of providing funds for those uses specified in Code Section 36-15-7 of the Official Code of Georgia Annotated, the chief magistrate of the Magistrate Court of Muscogee County is authorized pursuant to Code Section 15-10-86 to impose a county law library fee upon all cases in such court as authorized and defined in Code Section 36-15-9 of the Official Code of Georgia Annotated, in addition to all other legal costs.
SECTION 2. The amount of the fee to be imposed shall be no greater than the sum authorized in Code Section 36-15-9 of the Official Code of Georgia Annotated.
SECTION 3. All of the provisions of Chapter 15 of Title 36 of the Official Code of Georgia Annotated shall apply to and govern the Magistrate Court of Muscogee County.
SECTION 4. This Act shall become effective 30 days after its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the Magistrate Court of Muscogee County to impose and collect county law library fees; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Calvin Smyre, Representative from District 135, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.
GEORGIA LAWS 2018 SESSION
4049
(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Columbus Ledger-Enquirer, which is the official organ of Muscogee County, on the 3rd of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ CALVIN SMYRE Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
4050
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
FULTON COUNTY CLERK OF SUPERIOR COURT; TAX PARCEL IDENTIFICATION NUMBER TO BE RECORDED ON DOCUMENTS IN REAL PROPERTY RECORDS.
No. 513 (House Bill No. 1036).
AN ACT
To provide for the clerk of the Superior Court of Fulton County to require that tax parcel identification number information be included on documents recorded in the real property records of said clerk; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The clerk of the Superior Court of Fulton County is hereby authorized to require that no instrument by which the title to real property or any interest therein is conveyed, created, assigned, encumbered, disposed of, or otherwise affected shall be entitled to recordation unless the tax parcel identification number or numbers associated with all or any portion of the real property affected are legibly printed, typewritten, or stamped upon such affidavit or instrument at the top of the first page thereof. The presence of an incorrect tax parcel identification number, or the absence of a tax parcel identification number, on a recorded instrument shall not void or render voidable such instrument, shall not affect the validity or enforceability of such instrument, and shall not affect any notice, constructive or otherwise, provided by the recordation of such instrument.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide for the Clerk of the Superior Court of Fulton County to require that tax parcel identification numbers to be included on documents recorded in the real property records of said clerk, and for other purposes.
GEORGIA LAWS 2018 SESSION
4051
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chuck Martin, Representative from District 49, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 2nd of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ CHARLES E. MARTIN, JR. Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
4052
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
GWINNETT COUNTY HOTEL/MOTEL TAX.
No. 514 (House Bill No. 1038).
AN ACT
To authorize the governing authority of Gwinnett County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of Gwinnett County is authorized to levy an excise tax pursuant to such subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.
SECTION 2. The enactment of this Act is subsequent to the adoption of Resolution 2017-5562 by the governing authority of Gwinnett County on December 19, 2017, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.
SECTION 3. In accordance with the terms of such resolution of the governing authority of Gwinnett County:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (3) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by Gwinnett County; and (2) The remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.
GEORGIA LAWS 2018 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
4053
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the governing authority of Gwinnett County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to repeal conflicting laws; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Scott Hilton, Representative from District 95, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Gwinnett Daily Post, which is the official organ of Gwinnett County, on the 19th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ SCOTT HILTON Affiant
4054
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of January in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF MCDONOUGH CORPORATE BOUNDARIES.
No. 515 (House Bill No. 1041).
AN ACT
To amend an Act incorporating the City of McDonough, approved April 16, 1981 (Ga. L. 1981, p. 3387), as amended, particularly by an Act approved April 12, 2012 (Ga. L. 2012, p. 5452), so as to revise the corporate boundaries of the municipality; to provide for related matters; to provide for a referendum and contingent effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act incorporating the City of McDonough, approved April 16, 1981 (Ga. L. 1981, p. 3387), as amended, particularly by an Act approved April 12, 2012 (Ga. L. 2012, p. 5452), is amended by adding a new subsection to Section 1.11 to read as follows:
"(c) In addition to all areas presently within the corporate boundaries of the City of McDonough, the corporate boundaries shall include the following described territory:
Plan: mcdon-annex-2018 Plan Type: Local Administrator: McDonough User: Gina
GEORGIA LAWS 2018 SESSION
4055
District ANNEX Henry County VTD: 15137 - EAST LAKE 070202: 2041 2045 VTD: 15160 - LAKE HAVEN 070205: 1025 1026 1027 1029 070307: 1035 1037 1038 1039 1040 1042 1043 1047 VTD: 15161 - MCDONOUGH CENTER 070307: 1023 1024 1044 1052 070310: 2020
For the purposes of this description, the term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in the description which are underneath a VTD heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia.
Also, such territory shall include the following parcels in their entirety as recorded by the Henry County Tax Assessor as of January, 2017:
090-01020000 090-01025000 090-01026000 090-01026002."
SECTION 2. The election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the territory sought to be annexed into the City of McDonough under this Act for approval or rejection. The election superintendent shall conduct such election on the date of and in conjunction with the 2018 November General Election and shall issue the call and conduct such election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words:
4056
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"( ) YES Shall the Act be approved which annexes certain land into the City of ( ) NO McDonough?" All persons desiring to vote for approval of the annexation shall vote "Yes" and all persons desiring to vote for rejection of the annexation shall vote "No." If more than one-half of the votes cast on such question are for approval of the annexation, then this Act shall become effective on January 1, 2019. If more than one-half of the votes cast on such question are for rejection of the annexation or if the election is not held as provided in this section, then this Act shall not become effective and shall automatically be repealed on January 1, 2019. The expense of such election shall be borne by the City of McDonough. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION
Notice is hereby given that the undersigned will introduce at the 2017-2018 Session of the Georgia General Assembly an Act amending the Charter for the City of McDonough by revising its current corporate limits; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dale Rutledge, Representative from District 109, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Henry Herald, which is the official organ of Henry County, on the 24th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or
GEORGIA LAWS 2018 SESSION
4057
otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ DALE RUTLEDGE Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 9th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF JESUP BOARD OF COMMISSIONERS; STAGGERED TERMS; CONDUCT OF ELECTIONS.
No. 516 (House Bill No. 1043).
AN ACT
To amend an Act creating a new charter for the City of Jesup, approved December 16, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended, so as to provide for staggered terms for the board of commissioners; to provide for the conduct of municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
4058
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. An Act creating a new charter for the City of Jesup, approved December 16, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended, is amended by revising subsections (d) and (e) of Section 4 as follows:
"(d) The mayor and commissioners in office on the effective date of this provision shall serve out the terms of office to which they were elected. In the November, 2019, general election, the persons elected to the commission from Election Districts 2, 3, and 6 shall serve for terms of two years and until their respective successors are elected and qualified. In the November, 2019, general election, the persons elected to office of mayor and the commission from Election Districts 1, 4, and 5 shall serve for terms of four years and until their respective successors are elected and qualified. Thereafter, successors to such persons shall be elected at the November general election immediately preceding the end of their terms of office and shall take office on the first Tuesday in January immediately following their election for terms of four years and until their respective successors are elected and qualified. (e) All city elections shall be conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City fo Jesup, approved December 16, 1937 (Ga. L. 1937-38 Ex. Sess., p. 1142), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Bill Werkheiser, Representative from District 157, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Press-Sentinel, which is the official organ of Wayne County, on the 3rd of March in the year 2018; and
GEORGIA LAWS 2018 SESSION
4059
(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ BILL WERKHEISER Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
SOUTHERN JUDICIAL CIRCUIT JUDGES; COMPENSATION.
No. 517 (House Bill No. 1044).
AN ACT
To amend an Act providing for a supplement to the compensation of the judges of the superior courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4150), so as to increase the amount of such supplement; to provide for the payment of such supplement in specified amounts by the counties comprising the circuit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
4060
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. An Act providing for a supplement to the compensation of the judges of the superior courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4105), is amended by striking Section 1 and inserting in lieu thereof the following:
"SECTION 1. Each of the judges of the superior courts of the Southern Judicial Circuit shall receive, in addition to any compensation, allowances, benefits, funds, or moneys of any kind received by such judge from the state, a supplement, to be paid monthly from the funds of the counties comprising the Southern Judicial Circuit. The percentage of the total supplement to be paid by each county shall be as follows: Brooks County, 7 percent; Colquitt County, 21 percent; Echols County, 2 percent; Lowndes County, 50 percent; and Thomas County, 20 percent. The amount of the supplement for each judge shall be $40,000.00 annually."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing for a supplement to the compensation of the judges of the superior courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4150); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jason Shaw, Representative from District 176, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Thomasville Times-Enterprise, which is the official organ of Thomas County, on the 6th of March in the year 2018; and
GEORGIA LAWS 2018 SESSION
4061
(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JASON SHAW Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing for a supplement to the compensation of the judges of the superior courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4150); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jason Shaw, Representative from District 176, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
4062
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Valdosta Daily Times, which is the official organ of Echols County, on the 9th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JASON SHAW Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing for a supplement to the compensation of the judges of the superior courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4150); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jason Shaw, Representative from District 176, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached.
GEORGIA LAWS 2018 SESSION
4063
(2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Quitman Free Press, which is the official organ of Brooks County, on the 7th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JASON SHAW Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing for a supplement to the compensation of the judges of the superior courts of the Southern Judicial Circuit, approved March 6, 1956 (Ga. L. 1956, p. 537), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4150); and for other purposes.
4064
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jason Shaw, Representative from District 176, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Valdosta Daily Times, which is the official organ of Lowndes County, on the 9th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JASON SHAW Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing for a supplement to the compensation of the judges of the superior courts of the Southern Judicial Circuit, approved March 6, 1956
GEORGIA LAWS 2018 SESSION
4065
(Ga. L. 1956, p. 537), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4150); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jason Shaw, Representative from District 176, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Moultrie Observer, which is the official organ of Colquitt County, on the 4th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JASON SHAW Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
4066
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PUTNAM COUNTY REDEVELOPMENT POWERS; REFERENDUM.
No. 518 (House Bill No. 1045).
AN ACT
To authorize Putnam County, Georgia, to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Georgia Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide for effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Putnam County, Georgia, shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize Putnam County, Georgia, to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize Putnam County, Georgia, to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."
SECTION 2. The election superintendent of Putnam County, Georgia, shall call and conduct an election, as provided in this section, for the purpose of submitting this Act to the electors of Putnam County, Georgia, for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2018, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once at least 90 days immediately preceding the date thereof and once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County, Georgia. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which authorizes Putnam County, Georgia, to exercise all redevelopment powers allowed under the 'Redevelopment
( ) NO Powers Law,' as it may be amended from time to time?"
GEORGIA LAWS 2018 SESSION
4067
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following such election date. The expense of such election shall be borne by Putnam County, Georgia. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize Putnam County, Georgia to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Georgia Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Rick Williams, Representative from District 145, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Eatonton Messenger, which is the official organ of Putnam County, on the 8th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or
4068
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ REP. RICK WILLIAMS Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF FITZGERALD HOTEL/MOTEL TAX.
No. 519 (House Bill No. 1046).
AN ACT
To authorize the governing authority of the City of Fitzgerald to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Fitzgerald is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or
GEORGIA LAWS 2018 SESSION
4069
rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.
SECTION 2. The enactment of this Act is subsequent to the adoption of a Resolution by the governing authority of the City of Fitzgerald on February 26, 2018, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.
SECTION 3. In accordance with the terms of such resolution adopted by the governing authority of the City of Fitzgerald:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 100 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by a qualified destination marketing organization; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.
SECTION 4. This Act supersedes any prior ordinances adopted by the governing authority of the City of Fitzgerald pursuant to paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Fitzgerald to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A. and for other purposes.
4070
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Clay Pirkle, Representative from District 155, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Herald-Leader, which is the official organ of Ben Hill County, on the 7th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ CLAY PIRKLE Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
GEORGIA LAWS 2018 SESSION
4071
BLUE RIDGE JUDICIAL CIRCUIT JUDGES; COMPENSATION.
No. 520 (House Bill No. 1048).
AN ACT
To amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), an Act approved April 10, 1998 (Ga. L. 1998, p. 4447), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4415), so as to increase the amount of compensation paid to such judges by the county comprising the Blue Ridge Judicial Circuit; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), an Act approved April 10, 1998 (Ga. L. 1998, p. 4447), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4415), is amended by striking in its entirety Section 1 and inserting in lieu thereof a new Section 1 to read as follows:
"SECTION 1. The governing authority of the county comprising the Blue Ridge Judicial Circuit shall supplement the salary of each judge of the superior courts of such judicial circuit as provided in this section, payable in equal monthly installments. The amount of such supplement shall be $46,525.00 per year beginning on the effective date of this section upon authorization by the fiscal authority."
SECTION 2. This Act shall become effective on October 1, 2018.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
4072
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act to supplement the salary of the judge of the Superior Courts of the Blue Ridge Judicial Circuit, approved February 8, 1950 (Ga. L. 1949-50, p. 102), as amended, particularly by an Act approved December 28, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 330), an Act approved March 2, 1966 (Ga. L. 1966, p. 119), an Act approved March 22, 1989 (Ga. L. 1989, p. 4192), and Act approved April 10, 1998 (Ga. L.1998, p. 4447), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4415), so as to increase the amount of compensation paid to such judges by the county comprising the Blue Ridge Judicial Circuit; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Mandi Ballinger, Representative from District 23, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Cherokee Tribune, which is the official organ of Cherokee County, on the 7th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ MANDI BALLINGER Affiant
GEORGIA LAWS 2018 SESSION
4073
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF BYRON MAYOR; CITY ADMINISTRATOR; DUTIES; CITY CLERK; CITY ATTORNEY; REPEAL PROVISIONS REGARDING MARSHAL, CHIEF OF POLICE, AND TAX ASSESSOR.
No. 521 (House Bill No. 1050).
AN ACT
To amend an Act providing a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, so as to revise provisions relating to the duties and powers of the mayor; to revise provisions relating to the duties and powers of the city administrator; to revise provisions relating to the position of city clerk; to provide for the appointment of a city attorney; to repeal provisions relating to the positions of marshal, chief of police, and tax assessor; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended, is amended by revising Section 17 to read as follows:
"SECTION 17. Mayor's duties and powers.
The mayor and city council shall have full power to fix the time, place, and rules of procedure of their regular sessions. The mayor shall have power to convene the city
4074
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
council in special session whenever he or she deems proper. The mayor and city council shall have full and ample power to do and perform any of their duties or powers at a special or called session, the same as that of regular sessions. The mayor shall preside at all meetings of the mayor and city council and shall have the right to take part in deliberations of said council, but shall not vote on any questions except in the case of a tie. Said mayor shall have the veto power and may veto any ordinance, order, or resolution of said council in which event the same shall not become law or enforceable unless subsequently passed over his or her veto by a vote of four of the councilmembers; provided, however, that unless the mayor shall file in writing with the clerk his or her veto of any measure passed by the city council together with his or her reasons for disapproving within three days after its passage, said measure shall become a law as though approved by him or her. The mayor may approve in writing any measure passed by the city council and it shall go into effect immediately."
SECTION 2. Said Act is further amended by revising Section 19 to read as follows:
"SECTION 19. City administrator.
(a) The city council, in its sole discretion, may name a city administrator to administer the day-to-day operations of the city, subject to general direction from the city council. The city council shall fix the city administrator's compensation. The city administrator shall be selected on the basis of his or her executive and administrative qualifications and shall be an at-will employee. The mayor and city council shall be ineligible to serve as city administrator during their respective terms of office. (b) The appointment shall be for an indefinite term, and the city administrator may be removed at any time by a majority vote of the city council. (c) The city administrator may also be the clerk or treasurer, or both, as authorized by the city council. (d) Before any city administrator shall be qualified, he or she shall give a surety bond payable to the city in such amount as the city council shall deem appropriate to secure and indemnify the city by reason of his or her default, misfeasance, or nonfeasance in the performance of his or her duties and shall be required to take the same oath as provided for councilmembers. (e) The city administrator shall be the chief executive and administrative officer of the city and shall be responsible to the city council for the administration of all city affairs placed in such administrator's charge by or under this charter. As the chief executive and administrative officer, the city administrator shall:
(1) Appoint and, when he or she deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he or she appoints, except as
GEORGIA LAWS 2018 SESSION
4075
otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city administrator may authorize any administrative officer who is subject to such administrator's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city administrator and have the right to take part in discussion but not vote, as authorized by O.C.G.A. 50-14-3 or as hereafter amended; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city administrator or by officers subject to such administrator's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city administrator's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city administrator deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council."
SECTION 3. Said Act is further amended by revising Section 20 to read as follows:
"SECTION 20. Clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council."
SECTION 4. Said Act is further amended by revising Section 21 to read as follows:
4076
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"SECTION 21. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court, if the city council so directs; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney is not a public official of the city and does not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney."
SECTION 5. Said Act is further amended by repealing Section 33 in its entirety.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Robert Dickey, Representative from District 140, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Leader Tribune, which is the official organ of Peach County, on the 7th of March in the year 2018; and
GEORGIA LAWS 2018 SESSION
4077
(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ ROBERT DICKEY Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
WHITFIELD COUNTY BOARD OF COMMISSIONERS; MANNER OF ELECTION; REFERENDUM.
No. 522 (House Bill No. 1052).
AN ACT
To amend an Act creating the board of commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, so as to provide for the election of certain members of the board of commissioners by district; to provide for related matters; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
4078
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. An Act creating the board of commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p. 2175), as amended, is amended by revising subsection (a) of Section 2 as follows:
"(a)(1) The board of commissioners of Whitfield County shall consist of five members. The chairperson shall be elected by the voters of Whitfield County at large and may live anywhere within Whitfield County. (2) The commissioners representing Commissioner Districts 2 and 4 in office on the effective date of this subsection shall serve out the terms to which they were elected. The commissioners representing Commissioner Districts 1 and 3 elected in the 2018 November general election shall serve out the terms to which they were elected. Thereafter, successors to such commissioners shall be elected by the voters of their respective districts. Such commissioners shall reside within the commissioner district which such commissioner represents."
SECTION 2. The election superintendent of Whitfield County shall call and conduct an election on the date of the 2018 November general election as provided in this section for the purpose of submitting this Act to the electors of Whitfield County for approval or rejection. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Whitfield County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which changes the governing authority of Whitfield County from a five-member board of commissioners elected at large to a five-member board of commissioners with a chairperson elected at large by the voters of the entire county and four commissioners elected by the voters of their respective commissioner districts?"
All persons desiring to vote for approval of the Act shall vote "Yes." Those persons desiring to vote against the approval of the Act shall vote "No." If more than one-half of the votes cast are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 2019; otherwise, this Act shall be automatically repealed on the first day of January following that election date. The expense of such election shall be borne by Whitfield County. It shall be the duty of the election superintendent to certify the results thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval.
GEORGIA LAWS 2018 SESSION
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
4079
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Whitfield County, approved February 21, 1964 (Ga. L. 1964, p.2175), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Steve Tarvin, Representative from District 2, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Dalton Daily Citizen, which is the official organ of Whitfield County, on the 10th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ THOMAS S. TARVIN Affiant
4080
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 12th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF ACWORTH ADOPT CITY MAP.
No. 523 (House Bill No. 1054).
AN ACT
To amend an Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, so as to adopt by reference a certain map; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act entitled "An Act to reincorporate and provide a new charter for the City of Acworth," approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, is amended by revising subsection (a) of Section 1.11 as follows:
"(a) The boundaries of this city shall be those existing on the effective date of this charter with such alterations as may be made from time to time by local law or in a manner provided by general state law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be, the 'Official Map or Description of the Corporate Limits of the City of Acworth, Georgia.' Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. The 'Official Map of the Corporate Limits of the City of Acworth, Georgia,' dated January 18, 2018, prepared by the city clerk of the City of Acworth is adopted as the official map of the corporate limits of the City of Acworth, Georgia, and the corporate
GEORGIA LAWS 2018 SESSION
4081
boundaries of the city as of January 1, 2019, shall be reflected on such official map, subject to amendment as set forth in this charter or by local Act of the General Assembly."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act reincorporating and providing a new Charter for the City of Acworth so as to adopt an official map of the corporate limits of the City of Acworth, Georgia approved February 17, 1989 (Ga. L. 1989, p. 3512), as amended, and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Ed Setzler, Representative from District 35, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 26th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ ED SETZLER Affiant
4082
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF PELHAM HOTEL/MOTEL TAX.
No. 524 (House Bill No. 1057).
AN ACT
To authorize the governing authority of the City of Pelham to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Pelham is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.
SECTION 2. The enactment of this Act is subsequent to the adoption of a Resolution by the governing authority of the City of Pelham on January 18, 2018, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.
GEORGIA LAWS 2018 SESSION
4083
SECTION 3. In accordance with the terms of such resolution adopted by the governing authority of the City of Pelham:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 100 percent of the total amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Pelham; and (2) The remaining amount of taxes collected that exceed the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.
SECTION 4. This Act supersedes any prior ordinances adopted by the governing authority of the City of Pelham pursuant to paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Notice of Intention to Introduce Local Legislation
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the governing authority of the City of Pelham to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jay Powell, Representative from District 171, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following:
4084
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Camilla Enterprise, which is the official organ of Mitchell County, on the 7th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JAY POWELL Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
MILLER COUNTY BOARD OF EDUCATION; REVISE ELECTION DISTRICTS; MANNER OF ELECTION.
No. 525 (House Bill No. 1058).
AN ACT
To amend an Act changing the method of selecting the members of the Board of Education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved March 20, 2000 (Ga. L. 2000, p. 3534), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions;
GEORGIA LAWS 2018 SESSION
4085
to provide for method of election; to provide for the continuation in office of current members; to repeal and reserve certain provisions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the method of selecting the members of the Board of Education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved March 20, 2000 (Ga. L. 2000, p. 3534), is amended by revising Sections 1 and 2 as follows:
"Section 1. (a) The Board of Education of Miller County shall consist of five members. For the purpose of electing such members, Miller County shall be divided into five districts. Districts 1, 2, 3, 4, and 5 shall correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: millerccsb-p2-2016 Plan Type: local Administrator: miller User: bak.'
(b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia.
(2) Any part of Miller County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Miller County which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (c) There shall be one member of the board from each district. Each member shall be a resident of his or her respective district. A candidate shall designate the district from which such candidate offers for election. Beginning with the November, 2020, general election
4086
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
and in subsequent elections, members of the board shall be elected by qualified electors of Miller County. The election of members of the board shall be conducted in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
Section 2. (a) The members of the board elected in the November, 2016, general election shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. The members of the board elected in the November, 2018, general election shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this Act. (b) The first members of the reconstituted Board of Education of Miller County from Districts 2 and 4 shall be elected in the November, 2022, general election. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (c) The first members of the reconstituted Board of Education of Miller County from Districts 1, 3, and 5 shall be elected in the November, 2020, general election. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (d) Successors to members elected under subsections (b) and (c) of this section shall be elected in the November general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (e) Districts 1, 2, 3, 4, and 5 as they existed on January 1, 2018, shall continue to be designated as Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and, on and after the effective date of this Act, such members of the board serving from those former districts shall be deemed to be serving from and representing their respective districts as newly described under this section."
SECTION 2. The provisions of this Act relating to and necessary for the 2020 regular election of members of the Board of Education of Miller County shall become effective January 1, 2020; and this Act shall otherwise become effective January 1, 2021.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Plan: millerccsb-p2-2016 Plan Type: local Administrator: miller User: bak
GEORGIA LAWS 2018 SESSION
District 001 Miller County VTD: 2011 - COLQUITT-MILLER 950100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1140 950200: 1000 1001 1045 1074 1078 1079 1080 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2058 2059 2060 2062 2063
District 002 Miller County VTD: 2011 - COLQUITT-MILLER 950100: 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1081 1082 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1107 1108 1109 1110 1111 1112 1113 1114 1115 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1139 1141 1142 1143 1144 1145 950200: 2010 2011 950300: 2084 2085 2086 2087 2088 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2115 2122
District 003 Miller County VTD: 2011 - COLQUITT-MILLER 950300: 1055 1060 1061 1063 1071 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083
4087
4088
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
2092 2093 2094 2112 2113 2114 2116 2117 2118 2119 2120 2121 2123 2124
District 004 Miller County VTD: 2011 - COLQUITT-MILLER 950100: 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1083 1084 1085 1086 1087 1088 1105 1106 1137 1138 950200: 1037 1038 1039 1040 1041 1042 1043 1044 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1073 1075 1076 1077 1081 1082 1083 1084 2022 2023 2039 2040 2041 2055 2056 2057 2061 950300: 1028 1031 1033 1034 1035 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2089 2090 2091 2125 2126 2127
District 005 Miller County VTD: 2011 - COLQUITT-MILLER 950200: 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1070 1071 1072 950300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1029 1030 1032 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1056 1057 1058 1059 1062 1064 1065 1066 1067 1068 1069 1070 2025 2026 2027 2045
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act changing the method of selecting the members
GEORGIA LAWS 2018 SESSION
4089
of the Board of Educaction of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Winfred Dukes, Representative from District 154, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Miller County Liberal, which is the official organ of Miller County, on the 28th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ REP. WINFRED DUKES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia
4090
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
MURRAY COUNTY ABOLISH OFFICE OF ELECTED COUNTY SURVEYOR.
No. 526 (House Bill No. 1059).
AN ACT
To abolish the office of elected county surveyor of Murray County; to provide for the appointment of a county surveyor by the governing authority of the county; to provide that the person currently serving as elected county surveyor shall serve out the remainder of his or her term; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority granted by Code Section 36-7-2.1 of the O.C.G.A., the office of elected county surveyor of Murray County is hereby abolished. The governing authority of Murray County shall appoint a qualified person to hold the office of county surveyor for a term of one year from the date of appointment. Successors shall also be appointed for terms of one year. Any person appointed county surveyor shall possess the qualifications specified by paragraph (1) of subsection (b) of Code Section 36-7-2 of the O.C.G.A. Any person elected and serving as the county surveyor of Murray County on the effective date of this Act shall continue to serve as such until the expiration of the current term to which such person was elected, and no further elections shall be held for such office.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 2018 SESSION
4091
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to abolish the office of elected county surveyor of Murray County; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Rick Jasperse, Representative from District 11, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Chatsworth Times, which is the official organ of Murray County, on the 7th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ RICK JASPERSE Affiant
4092
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 13th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
TOWN OF TARRYTOWN NEW CHARTER.
No. 527 (House Bill No. 1061).
AN ACT
To provide a new charter for the Town of Tarrytown; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for eminent domain; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for election and removal of officers; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for continuation of existing ordinances, resolutions, rules, and regulations; to provide for
GEORGIA LAWS 2018 SESSION
4093
construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style "Town of Tarrytown" and by that name shall have perpetual succession. References in this charter to "the city" or "this city" refer to the Town of Tarrytown.
SECTION 1.11. Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the Town of Tarrytown." Photographic, typed, or other copies of such map or description certified by the Town of Tarrytown shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically
4094
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
enumerated in this charter. This city shall have all the power of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
SECTION 1.13. Examples of powers.
(a) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinances; and to provide punishment for violation of ordinance enacted hereunder; (b) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (c) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electric, gas, and heating and air-conditioning codes; and to regulate all housing and building trades; (d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (e) Condemnation. To condemn property, inside and outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city and to make and carry out all reasonable
GEORGIA LAWS 2018 SESSION
4095
provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (h) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the state through the preservation and improvement of the air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (k) General health and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (m) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (n) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (p) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same;
4096
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(q) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (r) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (s) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and the use of same by the public; and to prescribe penalties and punishment for violations thereof; (t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and other public utilities; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and to provide for the withdrawal of service for refusal or failure to pay the same; (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (w) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (x) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (y) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (z) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted;
GEORGIA LAWS 2018 SESSION
4097
(aa) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (bb) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (cc) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public services companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with regulations of the Public Service Commission; (dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishments for violation of such ordinances; (ee) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on real estate owners to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (ii) Special areas of public regulation. To regulate or prohibit junk dealers or pawn shops; to regulate or prohibit the manufacture, sale, or transportation of intoxicating liquors and the
4098
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (jj) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (ll) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (nn) Urban redevelopment. To organize and operate an urban redevelopment program; and (oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided in this charter. If this charter makes no provisions, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
GEORGIA LAWS 2018 SESSION
ARTICLE II GOVERNMENTAL STRUCTURE
SECTION 2.10. City council creation; number; election.
4099
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
SECTION 2.11. Mayor and city councilmember terms and qualifications for office.
The mayor and members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of election of mayor or members of the council; each shall continue to reside therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION 2.12. Vacancy; filling of vacancies.
(a) The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the council if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or such other laws as are or may hereafter be enacted.
4100
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.13. Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.
SECTION 2.14. Holding other office; voting when financially interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which that person was elected. (c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the city council.
Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city.
GEORGIA LAWS 2018 SESSION
SECTION 2.17. Eminent domain.
4101
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and cable systems, facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meetings.
The city council shall hold an organizational meeting on July 3, 2018. The meeting shall be called to order by the city clerk and the oath of office shall be administered to any newly elected members as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America."
SECTION 2.19. Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such
4102
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION 2.20. Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.21. Quorum; voting.
The mayor or mayor pro tem and city clerk and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An abstention shall be counted as an affirmative vote.
SECTION 2.22. Ordinance form; procedures.
(a) Every proposed ordinance shall be introduced in writing. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the Town of Tarrytown" and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected
GEORGIA LAWS 2018 SESSION
4103
by the city council in accordance with the rules which it shall establish, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall within five working days distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.23. Actions requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.24. Emergency ordinances.
(a) To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or four councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least four councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
4104
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.25. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereof in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.26. Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the Town of Tarrytown." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be printed for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
GEORGIA LAWS 2018 SESSION
SECTION 2.27. Election of mayor; forfeiture; compensation.
4105
The mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months preceding the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28. Chief executive officer.
The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative power granted to the city under the Constitution and laws of the State of Georgia and the executive and administrative powers contained in this charter.
SECTION 2.29. Powers and duties of mayor.
As the chief executive of this city, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all officers, department heads, and employees of the city, except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the city council a recommended operating budget and capital budget; (5) Submit to the city council at least once a year a statement covering the financial conditions of the city and, from time to time, such other information as the city council may request; (6) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (7) Call special meetings of the city council as provided for in subsection (b) of Section 2.19 of this charter;
4106
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(8) Approve or disapprove ordinances as provided for in Section 2.30 of this charter; (9) Provide for an annual audit of all accounts of the city; (10) Require any department or agency of the city to submit written reports whenever the mayor deems it expedient; and (11) Perform such other duties as may be required by law, by this charter, or by ordinance.
SECTION 2.30. Submission of ordinances to the mayor; veto power.
(a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of four members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
SECTION 2.31. Mayor pro tem; selection; duties.
By a majority vote, the city council shall elect a councilmember to serve as mayor pro tem each year. The mayor pro tem shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability or absence. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tem is disabled, absent, or acting
GEORGIA LAWS 2018 SESSION
4107
as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers.
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of this city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
SECTION 3.11. Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office in such a manner as shall be provided by ordinance,
4108
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city, with the exception of the Planning and Zoning Committee. (e) Any vacancy on a board, commission, or authority shall be filled for the unexpired term in the manner prescribed in this section for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All members of boards, commissions, and authorities serve at will and may be removed at any time by a vote of four members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice chair and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.12. City attorney.
The city council shall appoint each year a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney.
GEORGIA LAWS 2018 SESSION
SECTION 3.13. City clerk.
4109
The city council shall appoint each year a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council.
SECTION 3.14. Position classification and pay plans.
The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
SECTION 3.15. Personnel policies.
All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
The city may establish a court to be known as the Municipal Court of the Town of Tarrytown.
4110
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for no more than one year, or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
GEORGIA LAWS 2018 SESSION
4111
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by an officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and a judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.14. Certiorari.
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Montgomery County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful
4112
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11. Election of the city council and mayor.
In odd years, on the Tuesday next following the first Monday in November, there shall be an election for the mayor and the city council. The terms of office shall begin on January 1 following the November election.
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
SECTION 5.13. Election by plurality.
The person receiving a plurality of the votes cast for any city office shall be elected.
GEORGIA LAWS 2018 SESSION
SECTION 5.14. Special elections; vacancies.
4113
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided in this charter, the city council shall by ordinance prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel, selected by the mayor and the city council, shall render a decision. In the event an elected officer is sought to be removed by action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Montgomery County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or
4114
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(2) By an order of the Superior Court of Montgomery County following a hearing on a complaint seeking such removal brought by any resident of the Town of Tarrytown.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayments of principal and interest on general obligations, and for any other public purpose as determined by the city council at its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
The city council by ordinance shall establish a millage rate for the city property tax, a due date, and time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a
GEORGIA LAWS 2018 SESSION
4115
reasonable regulatory fee for such permit as provided in general law. Such fees shall reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside and outside the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
4116
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.18. Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi.fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking city permits for failure to pay any city taxes or fees, and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
GEORGIA LAWS 2018 SESSION
SECTION 6.20. Revenue bonds.
4117
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.
SECTION 6.22. Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisitions of goods, materials, real and personal property, services, and supplies, provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.
SECTION 6.24. Preparation of budgets.
The city council shall provide by ordinance for the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and
4118
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of each current fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditures shall be made or
GEORGIA LAWS 2018 SESSION
4119
encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
SECTION 6.28. Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the last day of the fiscal year of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made
4120
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all the city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless it is: (1) In writing; (2) Drawn by or submitted to and reviewed by the city attorney and, as a matter of course, signed by the city attorney to indicate such drafting or review; (3) Made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter; and (4) Signed by the mayor or the mayor pro tem.
SECTION 6.32. Centralized purchasing.
The city council by ordinance shall prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
The city council may sell and convey or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.
GEORGIA LAWS 2018 SESSION
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
4121
The officers and employees of the city, both elected and appointed, shall execute such surety and fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each, so that a codification as provided by subsection (b) of Section 2.26 of this charter is accomplished.
SECTION 7.12. Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days, before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition.
SECTION 7.13. Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council.
4122
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 7.14. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15. Specific repealer.
An Act incorporating the Town of Tarrytown in the County of Montgomery, approved July 26, 1929 (Ga. L.1929, p.1352), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.
SECTION 7.16. Effective date.
This charter shall become effective on July 1, 2018.
SECTION 7.17. General Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Tarrytown; and for other purposes.
GEORGIA LAWS 2018 SESSION AFFIDAVIT
4123
GEORGIA, FULTON COUNTY
I, Greg Morris, Representative from District 156, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Montgomery Monitor, which is the official organ of Montgomery County, on the 7th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ GREG MORRIS Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
4124
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Approved May 8, 2018.
__________
CITY OF DOUGLAS CITY COMMISSION; STAGGERED TERMS OF OFFICE.
No. 528 (House Bill No. 1062).
AN ACT
To amend an Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3855), so as to stagger the terms of the members of the governing authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3855), is amended by revising Section 2.11 as follows:
"SECTION 2.11. Election of mayor; forfeiture; compensation.
The term of office of the mayor to be elected in 2019 shall be four years and until his or her successor is elected and qualified. Thereafter, the term of office of the mayor shall be four years and until his or her successor is elected and qualified. The mayor shall be elected at large. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months immediately preceding his or her election. The mayor shall continue to reside in this city during the period of his or her service and to be registered and qualified to vote in municipal elections of this city. The mayor shall forfeit his or her office on the same grounds and under the same procedure as for commission members. The compensation of the mayor shall be established in the same manner as for commission members."
GEORGIA LAWS 2018 SESSION
SECTION 2. Said Act is further amended by revising Section 2.14 as follows:
4125
"SECTION 2.14. City commission members; terms; qualifications.
(a) The terms of office of members of the city commission representing Posts 2, 3, and 6 to be elected in 2019 shall be four years and until their respective successors are elected and qualified. Thereafter, their terms of office shall be four years and until their respective successors are elected and qualified. (b) The terms of office of members of the city commission representing Posts 1, 4, and 5 to be elected in 2019 shall be two years and until their respective successors are elected and qualified. Thereafter, their terms of office shall be four years and until their respective successors are elected and qualified. (c) No person shall be eligible to serve as commission member unless that person shall have been a resident of the ward he or she seeks to represent for 12 months immediately preceding the election of mayor or commission members; each such person shall continue to reside within the ward he or she is representing during said period of service and shall be registered and qualified to vote in municipal elections of this city."
SECTION 3. Said Act is further amended by revising Section 5.10 as follows:
"SECTION 5.10. Election date.
Elections for members of the governing authority of the city shall be held on the first Monday in November."
SECTION 4. Said Act is further amended by revising Section 5.14 as follows:
4126
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
"SECTION 5.14. Continuation in office.
The mayor and commission members who are in office on January 1, 2018, shall serve until the expiration of the term of office to which they are elected and until their successors are elected and qualified."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Douglas, approved March 10, 1993 (Ga. L. 1993, p. 4022), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Dominic LaRiccia, Representative from District 169, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Douglas Enterprise, which is the official organ of Coffee County, on the 1st of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or
GEORGIA LAWS 2018 SESSION
4127
(ii) During the seven days immediately following the date of publication of such Notice.
s/ DOMINIC LARICCIA Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 15th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
FULTON COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; $50,000.00; SENIOR CITIZENS; REFERENDUM.
No. 529 (House Bill No. 1064).
AN ACT
To provide for a new homestead exemption from Fulton County ad valorem taxes for county purposes in the amount of $50,000.00 of the assessed value of the homestead for residents of that county who are older than 65 years of age; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
4128
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1. (a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Fulton County, including, but not limited to, any ad valorem taxes to pay interest on and to retire county bonded indebtedness. (2) "Homestead" shall have the same meaning as in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Senior citizen" means a person who is older than 65 years of age on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of Fulton County who is a senior citizen is granted an exemption on that person's homestead from Fulton County ad valorem taxes for county purposes in the amount of $50,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Fulton County, or the designee thereof, giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner of Fulton County, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such person for such exemption. The tax commissioner of Fulton County, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of Fulton County, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, municipal ad valorem taxes for municipal purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in lieu of and not in addition to any other homestead exemption applicable to ad valorem taxes for county purposes, except that the homestead exemption provided for in an Act approved May 17, 2004 (Ga. L. 2004,
GEORGIA LAWS 2018 SESSION
4129
p. 3825) shall be in addition to the homestead exemption granted by subsection (b) of this section. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2019.
SECTION 2. The election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct that election on November 6, 2018, and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which provides a homestead exemption from ( ) NO Fulton County ad valorem taxes for county purposes in the amount of
$50,000.00 of the assessed value of the homestead for residents of that county who are older than 65 years of age?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2019. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Fulton County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
4130
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to provide for a new homestead exemption from Fulton County ad valorem taxes for county purposes; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Chuck Martin, Representative from District 49, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 12th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ CHUCK MARTIN Affiant
GEORGIA LAWS 2018 SESSION
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 19th of March, 2018, Before me:
4131
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF JEFFERSON COMMUNITY IMPROVEMENT DISTRICTS; CREATION.
No. 530 (House Bill No. 1065).
AN ACT
To provide for the creation of one or more community improvement districts in the City of Jefferson; to provide for a short title; to provide for the purposes of such districts; to provide for definitions; to provide for boards to administer such districts; to provide for appointment or election of members of such boards; to provide for taxes, fees, and assessments; to provide for the boundaries of such districts; to provide procedures for the determination of the specifications for projects to be undertaken by the district and the manner of levying taxes, fees, and assessments with respect thereto; to provide for the debt of such districts; to provide for cooperation with local governments; to provide for powers of such boards; to provide for general obligation bonds, notes, and other obligations of such districts; to provide for the form of bonds, provisions for exchange and transfer, certificates of validation, and specification of interest rates in notice to the district attorney or the Attorney General and in notice of validation hearings; to provide for definition of the terms "cost of the project" and "cost of any project" as used in bond resolutions and elsewhere; to provide for authorized contents of agreements and instruments of the boards generally; to provide for use of proceeds of sale of bonds, notes, and other instruments; to provide for subsequent issues of
4132
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
bonds, notes, and other instruments; to provide for construction; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with all of the foregoing; to provide for the termination of districts under certain conditions; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "City of Jefferson Community Improvement Districts Act."
SECTION 2. Purpose.
The purpose of this Act shall be to provide for the creation of one or more community improvement districts within the City of Jefferson, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created under this Act or any supplemental resolution amending same:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm-water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation, including, but not limited to, services intended to reduce the volume of traffic or to transport two or more persons in common vehicles or conveyances; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law.
SECTION 3. Definitions.
As used in this Act, the term:
GEORGIA LAWS 2018 SESSION
4133
(1) "Agricultural" means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops and fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of each community improvement district authorized by this Act. (3) "Bonds" or "general obligation bonds" means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of a district. (4) "Caucus of electors" means for each district the meeting of electors at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes may be cast. (5) "Cost of the project" or "cost of any project" means and includes:
(A) All costs of acquisition (by purchase or otherwise), construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; (B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All interest and other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuance of any bonds, notes, or other obligations for any projects;
4134
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (6) "District" means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits. (7) "Electors" means the owners of real property used nonresidentially within the district which is then subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of Jackson County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing. An owner of property subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the owner's property for an election based on value majority. An owner of multiple parcels has one vote, not one vote per parcel, for an election based on numerical majority, and one vote for each $1,000.00 (or fraction thereof) in assessed value of the aggregate of the owner's properties subject to taxes, fees, or assessments levied by the board for an election based on value
GEORGIA LAWS 2018 SESSION
4135
majority. Multiple owners of one parcel have one vote for elections based on numerical majority and one vote for each $1,000.00 (or fraction thereof) in assessed value of the owner's property for elections based on value majority, which must be cast by one of their number who is designated in writing. (8) "Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Jackson County Board of Tax Assessors or may be apportioned among the properties subject thereto in direct or approximate proportion to the receipt of services or benefits derived from the improvements or other activities for which the taxes, fees, or assessments are to be expended or may be apportioned in any other manner or combination of manners deemed equitable by the board, including, but not limited to, the recognition of differential benefits which may reasonably be expected to accrue to new land development in contrast to lands and improvements already in existence at the time of creation of the community improvement district. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the district or in another community improvement district immediately adjoining the district as to directly benefit the district, such benefit to be determined by the board, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, for all the essential public purposes set forth in Section 2 of this Act, so long as the project is described in the project specifications for the district. (11) "Project specifications" means a description of the project or projects to be undertaken by the district. The project specifications shall include the rates for taxes, fees, and
4136
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
assessments that the district may levy. The project specifications may also include, as a matter of election, any or all of the following:
(A) The maximum amounts that may be raised for any annual period by taxes, fees, and assessments; (B) The maximum period of time during which such taxes, fees, and assessments may be levied; and (C) A method for the equitable apportionment of such taxes, fees, and assessments. (12) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Jackson County within the district as certified by the Jackson County tax commissioner. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (13) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping centers, general commercial, transient lodging facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use, as well as vacant land zoned or approved for any of the uses listed in this paragraph which does not include residential. (14) "Residential" means a specific work or improvement undertaken primarily to provide single-family or multifamily dwelling accommodations for persons and families and such community facilities as may be incidental or appurtenant thereto. (15) "Taxpayer" means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.
SECTION 4. Creation.
(a) Pursuant to Article IX, Section VII, of the Constitution of the State of Georgia, there are created one or more community improvement districts to be located in the City of Jefferson, wholly within the incorporated area thereof, each of which shall be activated upon compliance with the conditions provided in this Act and which shall be governed by a board as constituted pursuant to this Act. The conditions for such activation shall be:
(1) The delivery of a petition by any taxpayer containing the project specifications for the proposed district to the governing body of the City of Jefferson;
GEORGIA LAWS 2018 SESSION
4137
(2) The adoption of a resolution consenting to the creation of each community improvement district by the governing body of the City of Jefferson which states that the district is created pursuant to this Act and to the project specifications; (3) Written consent to the creation of the community improvement district and the project specifications by:
(A) A majority of the owners of real property within the district which will be subject to taxes, fees, and assessments levied by the board of the district; and (B) The owners of real property within the district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; and (4) If the proposed district is to lie in an area wholly or partially coexistent with one or more community improvement districts, then the board of the newly created district and the board of the preexisting district or districts shall have entered into a cooperative agreement whereby the collection of taxes and the provision of services in the overlapping areas of such districts shall be specified. (b) The written consents provided for in paragraph (3) of subsection (a) of this section and the cooperative agreement, if required, provided for in paragraph (4) of subsection (a) of this section shall be submitted to the Jackson County tax commissioner, who shall certify whether paragraphs (3) and (4) of subsection (a), as applicable, have been satisfied with respect to each such proposed district. (c) No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions of this section are met. A copy of such resolutions shall be filed with the Secretary of State, who shall maintain a record of all districts activated under this Act, and a second copy shall be filed with the Department of Community Affairs. (d) The project specifications may be amended, changed, or expanded from time to time, but not so as to reduce taxes, fees, and assessments pledged to holders of bonds or other indebtedness of the district without such holders' written consent, by the adoption, certification, and filing of a resolution and consents as described in paragraphs (2) and (3) of subsection (a) of this section.
4138
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5. Administration, appointment, and election of board members.
(a) Each district created pursuant to this Act shall be administered by a board composed of five members to be appointed and elected as provided in this section. Two board members shall be appointed by the governing body of the City of Jefferson, and the remaining board members shall be elected by the electors. The appointed board members shall serve at the pleasure of the governing body of the City of Jefferson. The initial elected board members shall serve for terms of office as follows: one shall serve for two years, and the remaining board members shall serve for four years. Thereafter, all terms of office shall be for four years, except the appointed members who serve at the pleasure of the governing body of the City of Jefferson. (b) The initial board members to be elected by the electors as provided in subsection (a) of this section shall be elected in a caucus of electors, which shall be held within 90 days after the adoption of the resolutions and obtaining the written consents provided for in this Act at such time and place within the district as the governing body of the City of Jefferson shall designate after notice thereof shall have been given to said electors by publishing notice in the legal organ of Jackson County, as provided in this Act, and by contacting each elector by United States mail at the address indicated in the property tax rolls. The mayor of the City of Jefferson or the mayor's designee shall convene the initial caucus of electors. Thereafter, there shall be conducted biennially, not later than 60 days following the last day for filing ad valorem real property tax returns in Jackson County, a caucus of such electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those positions which have terms expiring or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereafter, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held under the provisions of this Act, notice of such election shall be given to the electors by:
(1) Publishing notice thereof in the legal organ of Jackson County on four dates at least 45 days, 31 days, 17 days, and ten days, respectively, prior to such election; and (2) Contacting each elector at least 31 days prior to such election by United States mail at the address indicated in the property tax rolls. (c) One board member shall be elected by majority vote of the electors present and voting at the caucus on the basis of one vote for each elector. Such board member shall be elected to a term of office of two years at the initial caucus of electors when the board is first formed
GEORGIA LAWS 2018 SESSION
4139
and to terms of office of four years thereafter. Two board members shall be elected by majority of the votes cast by the electors present and voting at the caucus, with each elector having one vote for each $1,000.00 or fraction thereof in assessed value of the property owned by the elector subject to taxes, fees, or assessments levied by the board. All vacancies to be filled through election shall be filled by majority vote in the same manner as the board member previously holding the seat. (d) The elected board members shall be subject to recall as any other elected public official by the electors. (e) Board members elected by the electors shall be electors within the district. If such board member ceases to be an elector, such board member's position shall be declared vacant as of the date of the event terminating such status. (f) The board members shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. They shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may, but need not, be a member of the board.
SECTION 6. Taxes, fees, and assessments.
(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2 1/2 percent of the aggregate assessed value of all such real property; provided, however, that no tax, fee, or assessment so levied shall exceed any lesser limitation designated in the project specifications and that no tax, fee, or assessment shall be levied beyond any time limitation designated as provided in the project specifications. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the applicable district and not for the purpose of providing those governmental services and facilities provided to the county or municipality as a whole. Any tax, fee, or
4140
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
assessment so levied shall be collected by Jackson County in the same manner as taxes, fees, and assessments are levied by the county. Delinquent taxes shall bear the same interest and penalties as Jackson County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 1 percent thereof, but not more than $25,000.00 in any one calendar year, shall be transmitted by Jackson County to the board and shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the taxes, fees, and assessments provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and shall notify in writing the collecting governing body so it may include the levy on its regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage, then extant upon such event for bonded indebtedness of the district then outstanding, until the bonded indebtedness then outstanding is paid or refunded.
SECTION 7. Boundaries of the districts.
(a) The boundaries of each district shall be as designated as such by the governing body of the City of Jefferson and shall lie wholly within the incorporated area of the City of Jefferson as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as provided in this Act. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following:
(1) Written consent of a majority of the owners of real property within the area sought to be annexed into the district and which will be subject to taxes, fees, and assessments levied by the board of the district is first obtained; (2) Written consent of owners of real property within the area sought to be annexed into the district which constitutes at least 75 percent by value of all real property within the area sought to be annexed into the district which will be subject to taxes, fees, and assessments levied by the board, and for this purpose value shall be determined by the most recent approved county ad valorem tax digest; (3) The adoption of a resolution consenting to the annexation by the board of the district; and
GEORGIA LAWS 2018 SESSION
4141
(4) The adoption of a resolution consenting to the annexation by the governing body of the City of Jefferson.
SECTION 8. Debt.
Each district may incur debt without regard to the requirements of Article IX, Section V, of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, and the debt shall be backed by the full faith, credit, and taxing power of the district, but shall not be an obligation of the State of Georgia, the City of Jefferson, or any other unit of government of the State of Georgia other than the district.
SECTION 9. Cooperation with local governments.
The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the governing body of the City of Jefferson. If the parties to the cooperation agreement so agree, the cooperation agreement may provide that such private persons as are designated by the district perform the actual construction or improvement of the services and facilities provided by the district. The provisions of this section shall in no way limit the authority of the City of Jefferson to provide services or facilities within the district; and the City of Jefferson shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Such control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the municipality. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided within the district.
SECTION 10. Powers.
(a) Each district and its board created pursuant to this Act shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power:
4142
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district; (4) To acquire by purchase, lease, or otherwise, and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance by loan, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) To borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its bonds, notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; (8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (9) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district;
GEORGIA LAWS 2018 SESSION
4143
(10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) To issue notes, from time to time, whenever bonds of the district have been validated as provided in this Act, and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The district may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the district may sell such notes at a public or private sale. Any resolution or resolutions authorizing notes of the district or any issue thereof may contain any provisions which the district is authorized to include in any such resolutions; and the district may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued; (12) To grant, mortgage, convey, assign, or pledge its property, revenues or taxes, fees, or assessments to be received as security for its bonds, notes, or other indebtedness and obligations; (13) To invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (14) To receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant to this Act; (15) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (16) To use any real property, personal property, or fixtures, or any interest therein, or to rent or lease such property to or from others or make contracts with respect to the use thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner for the advantage of the district and the public purposes thereof;
4144
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(17) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others, and to fix their compensation and pay their expenses; (18) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with the City of Jefferson; (19) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters as the board considers appropriate for the bylaws; (20) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (21) To do all things necessary or convenient to carry out the powers conferred by this Act. (b) The powers enumerated in this section are cumulative of and in addition to those powers enumerated elsewhere in this Act; and no such power shall limit or restrict any other power of the board.
SECTION 11. Bonds - generally.
(a) Notes or other obligations issued by a district, other than general obligation bonds, shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith, credit, and taxing power of the district shall be pledged, subject to the power of the district to tax only in accordance with any limitations established by the project specifications. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times but not more than 40 years from their respective dates, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board
GEORGIA LAWS 2018 SESSION
4145
members of the district then in office and their successors. The provisions of any such resolution or resolutions shall be a contract with every holder of such bonds, notes, or other obligations, and the duties of the district, the board, and the officers of the district under any such resolution or resolutions shall be enforceable by any holder of such bonds, notes, or other obligations by mandamus or other appropriate action or proceeding at law or in equity. (d) The board shall have power from time to time, and whenever it deems it expedient, to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted by this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds issued by a district shall be validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provision governing bond validation generally as may be provided by law. Bonds shall bear a certificate of validation. The signature of the clerk of the Superior Court of Jackson County shall be made on the certificate of validation of such bonds by facsimile or by manual execution, stating the date on which such bonds were validated, and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state. (h) In lieu of specifying the rate or rates of interest which such bonds are to bear, and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, and the notice to the public of the time, place, and date of the validation hearing, and the petition and complaint for validation may state that the bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest, which may be fixed or may fluctuate or otherwise change from time to time, and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint; or the notice or notices may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate, which may be fixed or may fluctuate or otherwise change
4146
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
from time to time, so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right of a board to sell such bonds at a discount, even if in doing so, the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint. (i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed by this Act whenever those terms are referred to in bond resolutions of a board; in bonds, notes, or other obligations of the districts; or in notices of proceedings to validate such bonds of a district.
SECTION 12. Authorized contents of agreements and instruments of the board generally; use of
proceeds of sale of bonds, notes, and other obligations; subsequent issues of bonds, notes, and other obligations.
(a) Subject to the limitations and procedures provided by this section and Section 11 of this Act, the agreements or instruments executed by a board may contain such provisions not inconsistent with law as shall be determined by such board. (b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted by this Act, all or part of the cost of any project, or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with this Act. (c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or obligations in connection with the same project or with any other project; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless, in the resolution authorizing such prior issue, the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
SECTION 13. Construction; notice, proceeding, publication, referendum.
This Act shall be liberally construed to effect the purposes hereof. No notice, proceeding, or publication, except those required by this Act, shall be necessary to the performance of any act authorized by this Act, nor shall any such act be subject to referendum.
GEORGIA LAWS 2018 SESSION
SECTION 14. Dissolution.
4147
Any district activated under the provisions of this Act may be dissolved. So long as a district has no debt outstanding, the board of a district may terminate and dissolve the district as of a certain date, and on such date all property, rights, and obligations of the district shall devolve to the City of Jefferson.
SECTION 15. Severability.
In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional.
SECTION 16. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 17. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia, a bill to provide for the creation of one or more community improvement districts in the City of Jefferson; and for other purposes.
4148
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Tommy Benton, Representative from District 31, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Jackson Herald, which is the official organ of Jackson County, on the 14th of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ TOMMY BENTON Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 19th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
GEORGIA LAWS 2018 SESSION
Approved May 8, 2018.
__________
4149
CITY OF DECATUR HOTEL/MOTEL TAX.
No. 532 (Senate Bill No. 477).
AN ACT
To authorize the governing authority of the City of Decatur to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of the City of Decatur is authorized to levy an excise tax at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.
SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution by the governing authority of the City of Decatur on February 5, 2018, which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.
SECTION 3. In accordance with the terms of such resolution adopted by the mayor and council of the City of Decatur:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (2) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than
4150
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
50 percent of the total amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization designated by the City of Decatur; and (2) The remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent which is not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.
SECTION 4. This Act supersedes any prior ordinances adopted by the governing authority of the City of Decatur pursuant to paragraph (3) of subsection (a) of Code Section 48-13-51 of the O.C.G.A.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
In accordance with O.C.G.A. 28-1-14, notice is hereby given that there will be introduced at the 2018 session of the General Assembly of Georgia a bill to increase the ++City of Decatur's hotel-motel tax from 7% to 8%++ as provided by O.C.G.A. 48-13-51.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Elena Parent, Senator from District 42, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Champion, which is the official organ of DeKalb County, on the 15th of February in the year 2018; and
GEORGIA LAWS 2018 SESSION
4151
(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(I) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ ELENA C. PARENT Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF BROOKHAVEN CITY OF BROOKHAVEN PUBLIC FACILITIES AUTHORITY; CREATION.
No. 533 (Senate Bill No. 478).
AN ACT
To create the City of Brookhaven Public Facilities Authority and to provide for the members of the authority; to confer powers upon the authority; to provide definitions; to authorize the
4152
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
issuance of revenue bonds of the authority; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to exempt the property and revenue bonds of the authority from taxation; to provide for the separate enactment of a certain provision of this Act; to provide a short title; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Short title.
This Act shall be known and may be cited as the "City of Brookhaven Public Facilities Authority Act."
SECTION 2. City of Brookhaven Public Facilities Authority; creation.
(a) There is hereby created a public body corporate and politic to be known as the "City of Brookhaven Public Facilities Authority," which shall be deemed to be a political subdivision of the state and a public corporation, and by that name, style, and title, such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The authority shall consist of five members who shall be the City Council of the City of Brookhaven whose terms as members of the authority shall be the same as their respective terms of office as members of the city council. (c) The members shall not be compensated for their services; provided, however, that such members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. (d) The members of the authority shall elect one of their number as chairperson and another as a vice chairperson. The members of the authority shall also elect a secretary, who need not be a member of the authority, and may also elect a treasurer, who need not be a member of the authority. The secretary may also serve as treasurer. If the secretary or the treasurer is not a member of the authority, such officer shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified.
GEORGIA LAWS 2018 SESSION
4153
(e) Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
SECTION 3. Purpose of the authority; scope of operations.
Without limiting the generality of any provision of this Act, the general purpose of the authority is declared to be that of providing buildings, facilities, equipment, and services for the citizens of the city.
SECTION 4. Definitions.
As used in this Act, the term: (1) "Authority" means the City of Brookhaven Public Facilities Authority created by this Act. (2) "City" means the City of Brookhaven, Georgia. (3) "Costs of the project" means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for six months after completion of construction; the cost of engineering, architectural, fiscal agent, accounting, and legal services, and of plans and specifications and expenses necessary or incidental to determining the feasibility or practicability of the project; administrative expenses; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, maintain, or finance the project. (4) "Project" means (i) all buildings, facilities, and equipment necessary or convenient for the efficient operation of the city or any department, agency, division, or commission thereof, and (ii) any "undertaking" permitted by the Revenue Bond Law. (5) "Revenue Bond Law" means those provisions of law codified in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as amended, or any other similar law hereinafter enacted. (6) "Revenue bonds" means revenue bonds authorized to be issued pursuant to this Act. (7) "Self-liquidating" means any project which the revenues and earnings to be derived by the authority therefrom, including, but not limited to, any contractual payments with governmental or private entities, and all properties used, leased, and sold in connection
4154
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
therewith, together with any grants and any other available funds, will be sufficient to pay the costs of operating, maintaining, and repairing the project and to pay the principal and interest on the revenue bonds or other obligations which may be issued for the purpose of paying the costs of the project. (8) "State" means the State of Georgia.
SECTION 5. Powers.
The authority shall have the power: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, gift, or otherwise, and with or without consideration, to hold, operate, maintain, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or disposition of the same in any manner it deems to the best advantage of the authority, and no property shall be acquired under the provisions of this Act upon which any lien or encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is to be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (4) To acquire, construct, add to, extend, improve, equip, operate, maintain, lease, and dispose of projects; (5) To execute contracts, leases, installment sale agreements, and other agreements and instruments necessary or convenient in connection with the acquisition, construction, addition, extension, improvement, equipping, operation, maintenance, disposition, or financing of a project; (6) To appoint, select, and employ officers, agents, and employees, including, but not limited to, engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their respective compensations; (7) To pay the costs of the project with the proceeds of revenue bonds, certificates of participation, notes, or other forms of obligations issued by the authority or from any grant or contribution from the United States of America or any agency or instrumentality thereof or from the state or any agency, instrumentality, municipality, or political subdivision
GEORGIA LAWS 2018 SESSION
4155
thereof, from any private foundation or other private source or from any other source whatsoever; (8) To pledge to the payment of revenue bonds, certificates of participation, notes, and other forms of obligations issued by the authority any and all revenues and properties of the authority, both real and personal; (9) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (10) To accept loans or grants of money or materials or property of any kind from the state or any agency, instrumentality, municipality, or political subdivision thereof, upon such terms and conditions as the state or such agency, instrumentality, municipality, or political subdivision may require; (11) To accept loans or grants of money or materials or property of any kind from any public or private foundation or any other private source upon such terms and conditions as such public or private foundation or other private source may require; (12) To borrow money for any of its corporate purposes and to issue or execute revenue bonds, certificates of participation, notes, and other forms of obligations, deeds to secure debt, security agreements, and such other instruments as may be necessary or convenient to evidence and secure such borrowing; (13) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business is transacted; (14) To prescribe rules, regulations, service policies, and procedures for the operation of any project; (15) To exercise any power usually possessed by private corporations performing similar functions; and (16) To do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 6. Revenue bonds.
The authority shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the costs of the project and for the purpose of refunding revenue bonds or other obligations previously issued. The principal of and interest on such revenue bonds shall be payable solely from the revenues and
4156
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
properties pledged to the payment of such revenue bonds. The revenue bonds issued by the authority shall contain such terms as the authority shall determine are in the best interest of the authority; provided, however, no revenue bonds shall have a maturity exceeding 40 years.
SECTION 7. Same; signatures; seal.
All such revenue bonds shall bear the manual or facsimile signature of the chairperson or vice chairperson of the authority and the attesting manual or facsimile signature of the secretary or secretary-treasurer of the authority, and the official seal of the authority shall be impressed or imprinted thereon. Any revenue bonds may bear the manual or facsimile signature of such persons as at the actual time of the execution of such revenue bonds shall be duly authorized or hold the proper office, although at the date of issuance of such revenue bonds such person may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any revenue bond shall cease to be such officer before the delivery of such revenue bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if that person had remained in office until such delivery.
SECTION 8. Same; negotiability; exemption from taxation.
All revenue bonds shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the general laws of the State. All revenue bonds, their transfer, and the income therefrom shall be exempt from all taxation within the state as provided by the Revenue Bond Law.
SECTION 9. Same; conditions precedent to issuance.
The authority shall adopt a resolution authorizing the issuance of the revenue bonds. In the resolution, the authority shall determine that the project financed or refinanced with the proceeds of the revenue bonds is self-liquidating. Revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are required by the Revenue Bond Law. Any
GEORGIA LAWS 2018 SESSION
4157
resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its adoption and need not be published or posted, and any such resolution may be adopted at any regular or special meeting of the authority.
SECTION 10. Same; credit not pledged.
Revenue bonds shall not be deemed to constitute a debt of the state or the city nor a pledge of the faith and credit of the state or the city. Revenue bonds shall be payable solely from the revenues and properties pledged to the payment of such revenue bonds. The issuance of revenue bonds shall not directly, indirectly, or contingently obligate the state or the city to levy or to pledge any form of taxation whatsoever for the payment of such revenue bonds or to make any appropriation for their payment. All revenue bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. Notwithstanding the foregoing provisions, this Act shall not affect the ability of the authority and the city to enter into an intergovernmental contract pursuant to which the city agrees to pay amounts sufficient to pay operating charges and other costs of the authority or any project including, without limitation, the principal of and interest on revenue bonds, in consideration for services, facilities, or equipment of the authority.
SECTION 11. Same; trust indenture as security.
In the discretion of the authority, any issuance of revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition and construction of the project, the maintenance, operation, repair, and insuring of the project, and the custody, safeguarding, and application of all moneys.
4158
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 12. Same; remedies of bondholders.
Any holder of revenue bonds and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the revenue bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights it may have under the laws of the state, including specifically, but without limitation, the Revenue Bond Law, or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, fines, and other charges for the use of the facilities and services furnished.
SECTION 13. Same; validation.
Revenue bonds and the security therefor shall be issued, confirmed, and validated in accordance with the provisions of the Revenue Bond Law. The petition for validation shall also make the city party defendant to such action if the city has contracted with the authority for services or facilities relating to the project for which revenue bonds are to be issued and sought to be validated, and such defendant shall be required to show cause, if any exists, why such contract or contracts shall not be adjudicated as a part of the basis for the security for the payment of any such revenue bonds. The revenue bonds when validated, and the judgment of validation, shall be final and conclusive with respect to such revenue bonds and the security for the payment thereof and interest thereon and against the authority and all other defendants.
SECTION 14. Same; interest of bondholders protected.
While any of the revenue bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such revenue bonds, and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the
GEORGIA LAWS 2018 SESSION
4159
interest and rights of the holders of such revenue bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such revenue bonds under the provisions hereof shall constitute a contract with the holders of such revenue bonds.
SECTION 15. Venue and jurisdiction.
Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such authority shall be brought in the Superior Court of DeKalb County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in such court, which shall have exclusive, original jurisdiction of such actions.
SECTION 16. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenue, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 17. Tort immunity.
To the extent permitted by law, the authority shall have the same immunity and exemption from liability for torts and negligence as the city. The officers, agents, and employees of the authority when in the performance of the work of the authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of the city when in the performance of their public duty or work of the city.
SECTION 18. Tax exemption.
The income of the authority, the properties of the authority, both real and personal, and all revenue bonds, certificates of participation, notes, and other forms of obligations issued by the authority shall be exempt from all state and local taxes and special assessments of any kind in accordance with the general laws of the State.
4160
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 19. Rates, charges, and revenues; use.
The authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect revenues, tolls, fees, and charges for the services, facilities, and commodities furnished, and in anticipation of the collection of the revenues, to issue revenue bonds, certificates of participation, notes, or other types of obligations as herein provided to finance, in whole or in part, the costs of the project, and to pledge to the punctual payment of such revenue bonds or other obligations, all or any part of the revenues.
SECTION 20. Effect on other governments.
This Act shall not and does not in any way take from the city or any political subdivision the right to own, operate, and maintain public facilities or to issue revenue bonds as provided by the Revenue Bond Law.
SECTION 21. Liberal construction of Act.
This Act being for the welfare of the city and various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
SECTION 22. Severability; effect of partial invalidity of Act.
The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
SECTION 23. Effective date.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
GEORGIA LAWS 2018 SESSION SECTION 24. Repealer.
All laws and parts of laws in conflict with this Act are repealed.
4161
Public Notice City of Brookhaven
Pursuant to O.C.G.A. 28-1-14, the City of Brookhaven hereby publishes notice that it intends to seek local legislation to establish a Facilities Authority for the City of Brookhaven during the 2018 convening of the Georgia General Assembly.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Elena Parent, Senator from District 42, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Champion, which is the official organ of DeKalb County, on the 18th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
4162
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ ELENA C. PARENT Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 21st of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 8, 2018.
__________
WALKER COUNTY HOTEL/MOTEL TAX.
No. 534 (Senate Bill No. 480).
AN ACT
To authorize the governing authority of Walker County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Pursuant to the authority of subsection (b) of Code Section 48-13-51 of the O.C.G.A., the governing authority of Walker County is authorized to levy an excise tax pursuant to such subsection at a rate not to exceed 8 percent of the charge for the furnishing for value to the public of any room or rooms, lodgings, or accommodations by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating a
GEORGIA LAWS 2018 SESSION
4163
hotel, motel, inn, bed-and-breakfast, lodge, tourist camp, tourist cabin, campground, or any other place in which rooms, lodgings, or accommodations are regularly or periodically furnished for value.
SECTION 2. The enactment of this Act is subsequent to the adoption of a resolution by the governing authority of Walker County which specifies the subsequent tax rate, identifies the projects or tourism product development purposes, and specifies the allocation of proceeds.
SECTION 3. In accordance with the terms of such resolution of the governing authority of Walker County:
(1) In each fiscal year during which a tax is collected pursuant to paragraph (3) of subsection (b) of Code Section 48-13-51 of the O.C.G.A., an amount equal to not less than 50 percent of the total amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent shall be expended for promoting tourism, conventions, and trade shows by the destination marketing organization of Walker County; and (2) The remaining amount of taxes collected that exceeds the amount of taxes that would be collected at the rate of 5 percent which are not otherwise expended under paragraph (1) of this section shall be expended for tourism product development.
SECTION 4. This Act shall become effective on July 1, 2018.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to authorize the governing authority of Walker County to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes.
4164
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jeff Mullis, Senator from District 53, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Walker County Messenger, which is the official organ of Walker County, on the 21st of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JEFF MULLIS Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 22nd of February, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
GEORGIA LAWS 2018 SESSION
Approved May 8, 2018.
__________
4165
PUTNAM COUNTY BOARD OF EDUCATION; COMPENSATION.
No. 535 (Senate Bill No. 481).
AN ACT
To amend an Act changing the method of electing members of the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2679), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4525), so as to provide for the compensation of such members; to provide for the reimbursement of expenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the method of electing members of the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2679), as amended, particularly by an Act approved March 25, 1986 (Ga. L. 1986, p. 4525), is amended by revising Section 2.1 as follows:
"Section 2.1. Each member of the Board of Education of Putnam County shall receive $700.00 per month as compensation for their services. While meeting or traveling outside Putnam County as a member of the board, the chairperson and any member shall receive reimbursement for actual expenses necessarily incurred in connection with such meeting or travel."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the 2018 Session of the General Assembly of Georgia a bill to amend an Act providing for compensation of the Board of Education of
4166
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3722); and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Burt Jones, Senator from District 25, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Eatonton Messenger, which is the official organ of Putnam County, on the 15th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ BURT JONES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 26th of February in the year 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia
GEORGIA LAWS 2018 SESSION
My Commission Expires December 29, 2018 [SEAL]
4167
Approved May 8, 2018.
__________
CITY OF ATLANTA HOMESTEAD EXEMPTION; SCHOOL TAXES; REFERENDUM.
No. 536 (Senate Bill No. 485).
AN ACT
To amend an Act providing a homestead exemption from City of Atlanta Independent School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), as amended, so as to increase the exemption amount to $50,000.00 of the value of the homestead that exceeds $10,000.00; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing a homestead exemption from City of Atlanta Independent School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district, approved May 4, 1992 (Ga. L. 1992, p. 7003), as amended, is amended by revising Section 2 as follows:
"SECTION 2. (a) Each resident of the City of Atlanta Independent School District is granted an exemption on that person's homestead from all City of Atlanta Independent School District ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of that homestead that exceeds $10,000.00. (b) The value of that property in excess of such exempted amount under subsection (a) of this section shall remain subject to taxation.
4168
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(c) This Act shall be repealed by operation of law on December 31, 2021."
SECTION 2. The municipal election superintendent of the City of Atlanta shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Atlanta Independent School District for approval or rejection. The municipal election superintendent shall conduct that election on November 6, 2018, and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Atlanta. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which increases the homestead exemption from City of Atlanta Independent School District ad valorem taxes for educational purposes from $30,000.00 to $50,000.00 of the assessed value of that homestead that exceeds $10,000.00, provided that such Act shall be repealed on December 31, 2021?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on
such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2019, and shall be applicable to all taxable years beginning on or after
such date through December 31, 2021. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and
this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Atlanta. It
shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
GEORGIA LAWS 2018 SESSION
4169
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act providing a homestead exemption from City of Atlanta Independent School District Ad Valorem Taxes for educational purposes in the amount of $15,000 of the assessed value of the homestead for residents of that school district, approved May 4,1992 (Ga. L. 1992, p.7003), as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Jennifer Jordan, Senator from District 6, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 26th of February in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ JENNIFER AUER JORDAN Affiant
4170
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 7th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
DEKALB COUNTY AUDIT OVERSIGHT COMMITTEE; VACANCY.
No. 537 (Senate Bill No. 487).
AN ACT
To amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved May 12, 2015 (Ga. L. 2015, p. 3826), so as to provide for the filling of a vacancy on the audit oversight committee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, particularly by an Act approved May 12, 2015 (Ga. L. 2015, p. 3826), is amended in Section 10A by revising paragraph (6) of subsection (n) as follows:
"(6) If a member of the audit oversight committee ceases to be a resident of DeKalb County, that member's position on the board, by operation of law, shall become vacant
GEORGIA LAWS 2018 SESSION
4171
upon the establishment of the fact of such nonresidency, if contested, by a court of competent jurisdiction. A vacancy on the audit oversight committee shall exist by reason of death, resignation, incapacity to serve for 90 days or longer, or loss of residency as described in this subsection. A member of the audit oversight committee may also be removed from office during a term if the member becomes ineligible to hold civil office within the meaning of Code Section 45-2-1 of the O.C.G.A. and that ineligibility is established by decision of a court of competent jurisdiction which declares the office vacant because of such ineligibility or by a vote of two-thirds of the members of the legislative delegation. A vacancy shall be filled within 60 days by the original appointing authority for the remainder of the unexpired term."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act revising, superseding, and consolidating the laws relating to the ++governing authority of DeKalb County++ and creating a chairman and board of commissioners of said county, approved March 8, 1956 (Ga. L. 1956, p. 3237), as amended, and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Emanuel Jones, Senator from District 10, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Champion, which is the official organ of DeKalb County, on the 1st of March in the year 2018; and
4172
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government:
(i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ EMANUEL JONES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 5th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 (SEAL)
Approved May 8, 2018.
__________
COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY REVENUE BONDS; CONDITIONS FOR ISSUANCE.
No. 538 (Senate Bill No. 489).
AN ACT
To amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended, so as to provide that revenue bonds shall
GEORGIA LAWS 2018 SESSION
4173
only be issued in connection with projects owned or leased by the authority which are managed and operated by the authority for its own use; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended, is amended by revising paragraph (2) of Section 5 as follows:
"(2) The word 'project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of multiuse coliseum and civic center type facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions, and other public entertainments, which facilities are owned or leased by the authority and which are managed and operated directly by the authority for its own use and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly, or indirectly through concessions, licenses, leases, or otherwise, parking facilities or parking areas in connection therewith, recreational centers and areas, including, but not limited to, gymnasiums and athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings and the extension and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease, sale, and licensing of any part or all of such facilities, including real and personal property, to any persons, firms, or corporations whether public or private so as to assure the efficient and proper development, maintenance, and operation of such facilities and areas, deemed by the authority to be necessary, convenient, or desirable. The authority shall have the right to acquire and construct more than one project and any combination of facilities may be constructed as a separate project."
SECTION 2. Said Act is further amended by revising paragraphs (4) and (7) of Section 6 as follows:
"(4) To borrow money and issue notes or revenue bonds payable from the earnings of the projects of the authority, execute trust agreements or indentures, and sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and
4174
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
income as security for such notes or revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof, and provide for foreclosure or forced sale of any property of the authority upon default either in payment of principal of or interest on such obligations or under any term of or condition pursuant to which such obligations were issued; provided, however, that revenue bonds shall only be issued in connection with projects owned or leased by the authority which are managed and operated directly by the authority for its own use." "(7) To issue revenue bonds in such amounts and denominations during the life of the authority so as to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, addition to, or extension of such project as the authority in its judgment may deem just, proper, and necessary; provided, however, that revenue bonds shall only be issued in connection with projects owned or leased by the authority which are managed and operated directly by the authority for its own use. All revenue bonds issued pursuant to the provisions of this Act shall be fully negotiable instruments and shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of Georgia."
SECTION 3. Said Act is further amended by revising Section 7 as follows:
"SECTION 7. Revenue Bonds.
The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created hereby, shall have the power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the authority, for the purpose of paying all or any part of the cost as herein defined of any one or more projects; provided, however, that revenue bonds shall only be issued in connection with projects owned or leased by the authority which are managed and operated directly by the authority for its own use. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest from date at such rate or rates per annum payable at such time or times as shall be determined by the authority, principal shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the authority and may be made redeemable before maturity, at the
GEORGIA LAWS 2018 SESSION
4175
option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of bonds."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to amend an Act creating the Cobb-Marietta Coliseum and Exhibit Hall Authority, approved March 26, 1980 (Ga. L. 1980, p. 4091), as amended, and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Lindsey Tippins, Senator from District 37, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the 2nd of March in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
4176
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
s/ LINDSEY TIPPINS Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 14th of March, 2018, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF EAGLE'S LANDING INCORPORATION; REFERENDUM.
No. 548 (Senate Bill No. 263).
AN ACT
To incorporate the City of Eagle's Landing; to provide a charter for the City of Eagle's Landing; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the offices of mayor and city manager and certain duties and powers relative to those offices; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney and a city clerk; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to
GEORGIA LAWS 2018 SESSION
4177
provide for bonds for officials; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to provide for transition of powers and duties; to provide for community improvement districts; to provide for directory nature of dates; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I INCORPORATION AND POWERS
SECTION 1.10. Name.
This city and the inhabitants thereof are incorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style Eagle's Landing, Georgia, and by that name shall have perpetual succession.
SECTION 1.11. Corporate boundaries.
(a) The corporate boundaries of this city shall be as described and set forth in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. (b) The city council shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries.
SECTION 1.12. Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
4178
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 1.13. Examples of powers.
(1) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the control, regulation, and management of stormwater and establishment of
GEORGIA LAWS 2018 SESSION
4179
a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may fulfill such sentences in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail; and to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia;
4180
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties relative to such utilities, and to provide for the withdrawal of service for refusal or failure to pay the same; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency; (25) Public hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, and charitable, cultural, educational, recreational, parking, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances;
GEORGIA LAWS 2018 SESSION
4181
(28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for or impose taxes on public utilities and public service companies and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (33) Sewer and water fees. To levy a fee, charge, or sewer or water tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending, both within and without of the city, of a sewage disposal plant and sewerage system and a water system, to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers, and to levy on those to whom water systems are made available a water service fee, charge, or tax for the availability or use of the water system; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the sewer system and a water connection fee or fees to those connected with the water system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse; to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items;
4182
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(35) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: Ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation provided, however, that, unless eliminated or adjusted by the municipal governing authority by home rule pursuant to Chapter 35 of Title 36 of the O.C.G.A., except for special tax districts and general obligation bond indebtedness, the millage rate imposed for ad valorem taxes on real property shall not exceed 5.00 unless a higher limit is recommended by resolution of the city council and subsequently approved by a majority vote of the qualified voters of the City of Eagle's Landing voting on the issue in a referendum. For the purposes of this paragraph, the term "qualified voters" means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. The question to be presented to the voters in the referendum on increasing the millage rate shall be, "Do you approve increasing taxes on residential and nonresidential property for City of Eagle's Landing property owners by raising from [current millage rate], which was capped in the original charter for the city, to [proposed millage rate] the operating budget millage rate?" If such millage rate increase is approved by the qualified voters of the City of Eagle's Landing voting in the referendum, the new rate shall become the maximum limit until changed again by resolution of the city council and approval by a majority of the qualified voters of the City of Eagle's Landing voting in such referendum; (38) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and
GEORGIA LAWS 2018 SESSION
4183
(41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia, and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.14. Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.
ARTICLE II GOVERNMENT STRUCTURE
SECTION 2.10. City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and four councilmembers. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.
SECTION 2.11. City council terms and qualifications for office.
(a) Except for the initial terms of office under subsection (d) of Section 5.11 of this charter, the mayor and other members of the city council shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in this section and in subsection (f) of Section 5.11 of this charter. No person shall be eligible to
4184
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
serve as mayor or councilmember unless that person is at least 21 years of age or older on the date of qualification, shall have been a resident of the area encompassed by the corporate boundaries of the city for at least 12 months immediately prior to the date of his or her election, and, in the case of councilmembers, a resident of the area encompassed by the district from which he or she seeks election for a period of at least 12 months immediately prior to his or her election. The mayor and each councilmember shall continue to reside within such corporate boundaries during their respective periods of service and be registered and qualified to vote in municipal elections of this city. In addition, the councilmembers elected by district shall continue to reside in the district from which elected during their respective periods of service. (b) Upon serving three full, consecutive terms as a member of the city council, such member shall be ineligible to seek reelection to such office. Upon serving three full, consecutive terms as mayor, such individual shall be ineligible to seek reelection as mayor. Although a member of the city council may become ineligible to serve another consecutive term in such office, such member shall be eligible to seek the office of mayor and, although the mayor may become ineligible to serve another consecutive term in such office, such individual shall be eligible to seek election as a member of the city council. Partial terms of office or initial terms of office of less than four years under subsection (d) of Section 5.11 of this charter shall not be counted in determining the number of terms served.
SECTION 2.12. Vacancy; filling of vacancies.
(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted. (c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.
GEORGIA LAWS 2018 SESSION
SECTION 2.13. Compensation and expenses.
4185
The initial annual salary of the mayor shall be $12,000.00 and the initial annual salary of each councilmember shall be $8,000.00. Thereafter, such salaries may be adjusted by the governing authority in accordance with Code Section 36-35-4 of the O.C.G.A. Such salaries shall be paid from municipal funds in equal monthly installments. The city council may provide for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their official duties; provided, however, that the annual total of such reimbursement shall not exceed $6,000.00 for the mayor and $4,000.00 for any councilmember.
SECTION 2.14. Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate
4186
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which the official has a financial interest. (c) Any elected official, appointed officer, or employee who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such interest to the city council. The mayor or any councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any discussion, decision, or vote relating thereto. Any elected official, appointed officer, or employee of any agency described in paragraph (16) of Section 1.13 of this charter or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in their capacity as an officer or employee of the city. (e) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in the city or otherwise be employed by such government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any appointive office in the city until one year after the expiration of the term for which that official was elected. (g) No appointive officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon qualifying for or election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and council either immediately upon election or at any time such conflict may arise.
GEORGIA LAWS 2018 SESSION
4187
(h)(1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.
SECTION 2.15. Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION 2.16. General power and authority of the city council.
(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Eagle's Landing and may enforce such ordinances by imposing penalties for violation thereof. (c) The city council shall have the power to discipline, suspend, and remove all appointed officials of the city, city employees, and city contractors. (d) Appeals from decisions and judgments of the city council shall be by certiorari unless otherwise provided by law, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Henry County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
4188
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 2.17. Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks and playgrounds, public grounds, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, and charitable, cultural, educational, recreational, parking, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future.
SECTION 2.18. Organizational meeting; regular and special meetings.
(a) The city council shall hold an organizational meeting on the first Tuesday in January of each year or on a date prescribed by ordinance; provided, however, that, if such date is a legal holiday, the organizational meeting shall be held on the next succeeding business day. The meeting shall be called to order by the mayor or the city clerk. (b) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (c) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers presence. Only the business stated in the call may be transacted at the special meeting. (d) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
GEORGIA LAWS 2018 SESSION
SECTION 2.19. Rules of procedure.
4189
(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. (b) All committees and committee chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.20. Quorum: voting.
(a) Three members of the city council, excluding the mayor, shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.
SECTION 2.21. Ordinance form; procedures.
(a) Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be "It is hereby ordained by the governing authority of the City of Eagle's Landing ..." and every ordinance shall so begin.
4190
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.23. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.22. Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.23. Emergencies.
(a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance
GEORGIA LAWS 2018 SESSION
4191
with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION 2.24. Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.25. Signing; authenticating; recording; codification; printing.
(a) The city clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Eagle's Landing, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the
4192
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable for the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.26. City manager; appointment; qualifications; compensation.
The city council may appoint a city manager to serve at the pleasure of the city council and, if so appointed, shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications.
SECTION 2.27. Removal of city manager.
If a city manager is appointed by the city council, then the city council may establish procedures for the suspension or removal of such city manager from office.
SECTION 2.28. Acting city manager.
When a city manager has been appointed by the city council, and in the event of absence or disability, the city manager may, by a letter filed with the city clerk, designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or physical or mental disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's absence or disability shall cease.
SECTION 2.29. Powers and duties of the city manager.
When a city manager has been appointed by the city council, the city manager shall be the chief executive and administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge
GEORGIA LAWS 2018 SESSION
4193
by the city council or this charter. As the chief executive and administrative officer, the city manager shall:
(1) Other than appointments reserved for the mayor in subsection (e) of Section 3.10, hire and, when the city manager deems it necessary for the good of the city, discipline, suspend, or remove any city employees and administrative officers that the city manager hires, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager and have the right to take part in discussion but not vote; (4) See that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual operating budget and capital budget to the city council; (6) Submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Issue such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Perform other such duties as are specified in this charter or as may be required by the city council.
SECTION 2.30. Council interference with administration.
When a city manager has been appointed by the city council, except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision
4194
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
SECTION 2.31. Election of mayor; forfeiture; compensation.
Except as otherwise provided in this charter, the mayor shall be elected and serve for a term of four years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for at least 12 months immediately prior to his or her election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.
SECTION 2.32. Mayor pro tem.
By a majority vote at the first meeting of the city council in January of each year, the city council shall elect a councilmember to serve as mayor pro tem who shall serve until the first regular meeting of the city council in the immediately following year. The mayor pro tem shall assume the duties and powers of the mayor during the mayor's physical or mental disability, suspension from office, or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall continue to have only one vote as a member of the council and shall exercise that power notwithstanding paragraph (5) of Section 2.33 of this charter. A vacancy in the position of mayor pro tem resulting from the mayor pro tem ceasing to serve as a councilmember, or from any other cause, shall be filled for the remainder of the unexpired term in the same manner as the original election.
SECTION 2.33. Powers and duties of mayor.
The mayor shall: (1) Preside at all meetings of the city council;
GEORGIA LAWS 2018 SESSION
4195
(2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy adopted by the city council; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council only in order to break a tie or as otherwise provided in this charter; (6) If no city manager has been appointed, prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.
SECTION 2.34. Submission of ordinances to the mayor; veto power.
(a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of four members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
4196
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
ARTICLE III ADMINISTRATIVE AFFAIRS
SECTION 3.10. Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor or, in the case where the city council has appointed a city manager, the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers and directors under the supervision of the mayor or, in the case where the city council has appointed a city manager, the city manager, shall be nominated by the mayor with confirmation of appointment by at least two of the other members of the city council. If the other members of the city council reject an officer or director of the mayor, such other members of the city council shall then proceed to fill such appointment by majority vote of the city council. Appointments by the city council shall be subject to veto by the mayor which may be overridden by the vote of four members of the city council. All appointive officers and directors shall be employees at-will and subject to removal, suspension, or other discipline at any time by the city council. In the case where the city council has appointed a city manager, the city manager, unless otherwise provided by law or ordinance, may remove, suspend, or discipline at any time any appointed officers, directors, or employees of the city, except for the city clerk, the municipal judge or associate judges, and the city attorney.
GEORGIA LAWS 2018 SESSION
SECTION 3.11. Boards, commissions, and authorities.
4197
(a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary, and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by a majority vote of the city council, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. Except as otherwise provided by this charter or by law, each board, commission, or authority shall consist of five members with one member being appointed by each member of the city council and the mayor. Members appointed by the mayor may reside anywhere within the corporate limits of the city, but a member appointed by a member of the city council shall reside within the district of the councilmember who appointed such member. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board, commission, or authority members serve at-will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chair and one member as vice-chair, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
4198
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 3.12. City attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of the person's position as city attorney. The city attorney shall not be a public official of the city and shall not take an oath of office. The city attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the city attorney. The city attorney shall serve at the pleasure of the city council.
SECTION 3.13. City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council. The city clerk shall serve at the pleasure of the city council.
SECTION 3.14. Position classification and pay plans.
The mayor or, in the case where the city council has appointed a city manager, the city manager, shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees.
GEORGIA LAWS 2018 SESSION
SECTION 3.15. Personnel policies.
4199
All employees shall serve at-will and may be removed from office at any time unless otherwise provided by ordinance.
ARTICLE IV JUDICIAL BRANCH
SECTION 4.10. Creation; name.
There shall be a court to be known as the Municipal Court of the City of Eagle's Landing.
SECTION 4.11. Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this charter.
SECTION 4.12. Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
4200
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 4.13. Jurisdiction; powers.
(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
GEORGIA LAWS 2018 SESSION
SECTION 4.14. Certiorari.
4201
The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Henry County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
SECTION 4.15. Rules for court.
With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.
ARTICLE V ELECTIONS AND REMOVAL
SECTION 5.10. Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11. Election, terms, and oath of office of the city council and mayor.
(a) Except for the initial elections under subsection (d) of this section, municipal general elections for the city shall be held biennially in the odd-numbered years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor and councilmembers from Council Districts 3 and 4 at one election and at every other regular election thereafter. The remaining city council seats
4202
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
from Council Districts 1 and 2 shall be filled at the election alternating with the first election so that a continuing body is created. (c) Each councilmember shall be elected by a majority vote of the qualified electors of his or her respective council district voting at the elections of the city. For the purpose of electing members of the city council, the City of Eagle's Landing shall consist of four council districts as described in Appendix B of this charter, which is attached and incorporated into this charter by reference. Each candidate for election to the city council other than the mayor shall reside in the council district he or she seeks to represent. (d) If the city is formed as a result of the referendum held in the 2018 general primary, the first election for mayor and councilmembers shall be a special election held in conjunction with the 2018 November general election. At such election, the mayor and councilmembers elected from Council Districts 3 and 4 shall be elected for initial terms of office beginning immediately after their election and expiring upon the election and qualification of their respective successors in 2023. The councilmembers elected from Council Districts 1 and 2 shall be elected for initial terms of office beginning immediately after their election and expiring upon the election and qualification of their respective successors in 2021. Thereafter, successors to the mayor and councilmembers shall be elected at the November general election immediately preceding the end of their respective terms of office, and such successors shall take office in accordance with subsection (g) of this section for terms of four years and until their respective successors are elected and qualified. (e) If the city is formed as a result of a referendum held in a special election after the 2018 general primary but on or before the 2018 November general election, then the first election for mayor and councilmembers shall be a special election to be held on the first special election date pursuant to Code Section 21-2-540 of the O.C.G.A. in 2019. At such special election, the mayor and councilmembers elected from Council Districts 3 and 4 shall be elected for initial terms of office beginning immediately after their election and expiring upon the election and qualification of their respective successors in 2023. The councilmembers from Council Districts 1 and 2 shall be elected for initial terms of office beginning immediately after their election and expiring upon the election and qualification of their respective successors in 2021. Thereafter, successors to the mayor and councilmembers shall be elected at the November general election immediately preceding the end of their respective terms of office, and such successors shall take office in accordance with subsection (g) of this section for terms of four years and until their respective successors are elected and qualified. (f) The mayor, for the special election and each subsequent election for mayor, shall be elected by the qualified electors of the city at large voting in such elections of the city.
GEORGIA LAWS 2018 SESSION
4203
(g) Except for the initial election of the mayor and council, the terms of office of the mayor and councilmembers shall begin on the Monday following such person's election which is at least five days following the certification of the results of such person's election to such office unless a petition to contest the results of such person's election to such office is filed pursuant to Article 13 of Chapter 2 of Title 21 of the O.C.G.A. If a petition to contest the election results is filed, such person shall not be sworn in until a judgment has been entered pursuant to Code Section 21-2-527 of the O.C.G.A. or such petition has been withdrawn or dismissed. In such case, the person's term of office shall begin on the Monday following the entry of such judgment or the withdrawal or dismissal of such petition. Such officeholder shall be sworn in at the next meeting of the governing authority, which shall be held not later than two weeks following the beginning of such person's term of office, and shall hold office until his or her successor's term begins in accordance with this subsection. (h) The oath of office to be administered to newly elected members shall be administered by a judicial officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I, by the laws of the State of Georgia, am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of the State of Georgia. I have been a resident of (my district and) the City of Eagle's Landing for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the City of Eagle's Landing to the best of my ability without fear, favor, affection, reward, or expectation thereof."
SECTION 5.12. Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
4204
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 5.13. Election by majority.
The person receiving a majority of the votes cast for any city office shall be elected.
SECTION 5.14. Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
SECTION 5.15. Other provisions.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the Georgia Election Code.
SECTION 5.16. Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings
GEORGIA LAWS 2018 SESSION
4205
shall be held. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Henry County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By a final order of the Superior Court of Henry County following a hearing on a complaint seeking such removal brought by any resident of the City of Eagle's Landing.
ARTICLE VI FINANCE
SECTION 6.10. Property tax.
The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion.
SECTION 6.11. Millage rate; due dates; payment methods.
(a) Subject to the limitations contained in paragraph (37) of Section 1.13 of this charter, the city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council, by ordinance, may provide for the payment of these taxes by two installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. (b) For all years, except for special tax districts and general obligation bond indebtedness, the millage rate imposed for ad valorem taxes on real property shall not exceed 5.00 unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the qualified voters of the City of Eagle's Landing voting on the issue in a referendum. For the purposes of this subsection, the term 'qualified voters' means those voters of the city who are qualified to vote in city elections and cast a vote for or against such measure in such referendum. The question to be presented to the voters in the referendum on increasing the millage rate shall be, "Do you approve increasing taxes on residential and nonresidential property for City of Eagle's Landing property owners by
4206
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
raising from [current millage rate], which was capped in the original charter for the city, to [proposed millage rate] the operating budget millage rate?" If such millage rate increase is approved by the qualified voters of the City of Eagle's Landing voting in the referendum, the new rate shall become the maximum limit until changed again by resolution of the city council and approval by a majority of the qualified voters of the City of Eagle's Landing voting in such referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax.
SECTION 6.12. Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The city council may classify businesses, occupations or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION 6.13. Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18 of this charter.
SECTION 6.14. Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise
GEORGIA LAWS 2018 SESSION
4207
shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15. Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, stormwater management, or any other services provided or made available within and without the corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.16. Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.
SECTION 6.17. Construction; other taxes and fees.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.
4208
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 6.18. Collection of delinquent taxes and fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.19. General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.20. Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.
SECTION 6.21. Short-term loans.
The city may obtain short-term loans and shall repay such loans not later than December 31 of each year, unless otherwise provided by law.
GEORGIA LAWS 2018 SESSION
SECTION 6.22. Lease-purchase contracts.
4209
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION 6.23. Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government unless otherwise provided by state or federal law.
SECTION 6.24. Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans.
SECTION 6.25. Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the mayor or, in the case where the city council has appointed a city manager, the city manager, shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor or city manager, as the case may be, containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for
4210
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.
SECTION 6.26. Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor or the city manager, as the case may be; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than 15 days prior to the beginning of such fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.
SECTION 6.27. Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
GEORGIA LAWS 2018 SESSION
SECTION 6.28. Changes in appropriations.
4211
The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus.
SECTION 6.29. Capital budget.
(a) On or before the date fixed by the city council but no later than 30 days prior to the beginning of each fiscal year, the mayor or, in the case where the city council has appointed a city manager, the city manager, shall submit to the city council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than 15 days prior to the beginning of such fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor or the city manager, as the case may be, may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30. Independent audit.
There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by
4212
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.31. Contracting procedures.
No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter.
SECTION 6.32. Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
SECTION 6.33. Sale and lease of city property.
(a) The city council may sell and convey, or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor or the city manager, as the case may be, and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor or the city manager, as the case may be, to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitate the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the
GEORGIA LAWS 2018 SESSION
4213
availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII GENERAL PROVISIONS
SECTION 7.10. Bonds for officials.
The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.11. Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part thereof. (b) The word "shall" is mandatory and the word "may" is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.12. Qualified electors.
(a) For the purposes of the referendum election provided for in Section 7.13 of this charter and for the purposes of the special election to be held in conjunction with the 2018 November general election, the qualified electors of the City of Eagle's Landing shall be those qualified electors of Henry County residing within the proposed corporate limits of the City of Eagle's Landing as described by Appendix B of this charter. At subsequent municipal elections, the qualified electors of the City of Eagle's Landing shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (b) Only for the purpose of holding and conducting the referendum election provided for by Section 7.13 of this charter and only for the purpose of holding and conducting the special
4214
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
election of the City of Eagle's Landing to be held in conjunction with the 2018 November general election, the election superintendent of Henry County is vested with the powers and duties of the election superintendent of the City of Eagle's Landing and the powers and duties of the governing authority of the City of Eagle's Landing.
SECTION 7.13. Referendum.
The election superintendent of Henry County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Eagle's Landing, as provided in Section 7.12 of this charter, for approval or rejection. The superintendent shall set the date of such election for the date of the 2018 general primary. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act incorporating the City of Eagle's Landing in Henry County, ( ) NO imposing term limits, prohibiting conflicts of interest, and creating community improvement districts be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect; otherwise, it shall thereafter be void and of no force and effect. The expense of the special election set forth in this section shall be borne by Henry County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State.
SECTION 7.14. Effective dates.
(a) Those provisions of this charter necessary for the special election provided for in Section 7.13 of this charter shall become effective immediately upon this Act's approval by the Governor or upon its becoming law without such approval. (b) Those provisions of this Act necessary for the special election to be held in conjunction with the 2018 November general election shall be effective upon the certification of the
GEORGIA LAWS 2018 SESSION
4215
results of the referendum election provided for by Section 7.13 of this charter, if this Act is approved at such referendum election. (c) The remaining provisions of this Act shall become of full force and effect for all purposes on January 1, 2019, except that the initial mayor and councilmembers shall take office immediately following their election and by action of a quorum may, prior to January 1, 2019, meet and take actions binding on the city.
SECTION 7.15. Transition.
(a) A period of time will be needed for an orderly transition of various government functions from Henry County to the City of Eagle's Landing. Accordingly, there shall be a transition period beginning on January 1, 2019, and ending at midnight on the last day of the twenty-fourth month following such date. During such transition period, all provisions of this charter shall be effective as law, but not all provisions of this charter shall be implemented. (b) During such transition period, Henry County shall provide within the total territorial limits of the City of Eagle's Landing all government services and functions which Henry County provided in that portion of the area which was previously unincorporated and which is now within the corporate limits of the City of Eagle's Landing during 2018 and at the same actual cost, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to Henry County by the City of Eagle's Landing, responsibility for any such service or function shall be transferred to the City of Eagle's Landing. Beginning on January 1, 2019, the City of Eagle's Landing shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of the City of Eagle's Landing; provided, however, that upon at least 30 days' prior written notice to Henry County by the City of Eagle's Landing, the authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain with Henry County after January 1, 2019, until such time as Henry County receives subsequent notice from the City of Eagle's Landing that such authority shall be transferred to the City of Eagle's Landing. (c) During the transition period, the governing authority of the City of Eagle's Landing:
(1) Shall hold regular meetings and may hold special meetings as provided in this charter; (2) May enact ordinances and resolutions as provided in this charter; (3) May amend this charter by home rule action as provided by general law; (4) May accept gifts and grants;
4216
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(5) May borrow money and incur indebtedness to the extent authorized by this charter and general law; (6) May levy and collect an ad valorem tax for calendar years 2019 and 2020; (7) May establish a fiscal year and budget; (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies of the city; appoint and remove officers and employees; and exercise all necessary or appropriate personnel and management functions; and (9) May generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (d) Except as otherwise provided in this section, during the transition period, the Municipal Court of the City of Eagle's Landing shall not exercise its jurisdiction. During the transition period, all ordinances of Henry County shall be applicable within the territorial limits of the City of Eagle's Landing and the appropriate court or courts of Henry County shall retain jurisdiction to enforce such ordinances. However, by appropriate agreement (and concurrent resolutions and ordinances if needed) Henry County and the City of Eagle's Landing may during the transition period transfer all or part of such regulatory authority and the appropriate court jurisdiction to the City of Eagle's Landing. Any transfer of jurisdiction to the City of Eagle's Landing during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in Henry County or the pending prosecution of any violation of any ordinance of Henry County. (e) During the transition period, the governing authority of the City of Eagle's Landing may at any time, without the necessity of any agreement by Henry County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of Eagle's Landing commencing to exercise its planning and zoning powers, the Municipal Court of the City of Eagle's Landing shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (f) During the transition period, all business licenses and permits which were previously issued by the City of Stockbridge or Henry County shall continue to be effective for the term for which such licenses and permits were originally issued. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (d) which shall remain
GEORGIA LAWS 2018 SESSION
4217
effective. Effective upon the termination of the transition period, the City of Eagle's Landing shall be a full-functioning municipal corporation and subject to all general laws of this state. (h) The City of Eagle's Landing shall be a successor in interest to all intergovernmental agreements which affect the territory contained within the corporate limits of the city which are in existence at the time the city is the created. (I) During the transition period, all existing zoning and land use provisions shall remain in effect and all valid, existing licenses issued previously to businesses operating in the corporate limits of the City of Eagle's Landing by the City of Stockbridge or Henry County shall continue in force and effect until their expiration.
SECTION 7.16. Directory nature of dates.
It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that:
(1) If it is not possible to hold the referendum election provided for in Section 7.13 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If it is not possible to hold the first municipal election provided for in this Act on the date specified in that section, then there shall be a special election for the initial members of the governing authority to be held on the next possible special election date authorized pursuant to Code Section 21-2-540 of the O.C.G.A.
ARTICLE VIII COMMUNITY IMPROVEMENT DISTRICTS
SECTION 8.10. Purpose.
The purpose of this article shall be to provide enabling legislation for the creation of one or more community improvement districts within the City of Eagle's Landing, and such district or districts may be created for the provision of some or all of the following governmental
4218
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
services and facilities as provided and authorized by Article IX, Section VII of the Constitution of the State of Georgia and the resolution activating each district as it now exists or hereafter amended or supplemented as provided for by law, including, but not limited to:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices and services to control the flow of traffic on streets and roads or services in connection therewith; (2) Parks and recreational areas and facilities and services; (3) Public transportation, including, but not limited to, services intended to reduce the volume of automobile traffic, to transport two or more persons in conveyances, to improve air quality, and to provide bicycle and pedestrian facilities and the operation of a traffic management association or similar entity and services; (4) Terminal and dock facilities and parking facilities and services; and (5) Such other services and facilities as may be provided for by general law or as the Constitution of the State of Georgia may authorize or provide now or hereafter.
SECTION 8.11. Definitions.
As used in this article, the term: (1) "Agricultural" means the growing of crops for sale or the raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse boarding facilities, and riding stables. (2) "Board" means the governing body created for the governance of a community improvement district herein authorized. (3) "Caucus of electors" or "caucus" means the meeting of electors hereinafter provided for at which the elected board members of the district are elected. A quorum at such caucus shall consist of those electors present, and a majority of those present and voting is necessary to elect board members. No proxy votes shall be cast. (4) "City council" means the city council of the City of Eagle's Landing. (5) "City governing authority or body" means the city council and the mayor. (6) "District" means the geographical area designated as such by the resolution of the governing body of the City of Eagle's Landing consenting to the creation of the community improvement district or districts or as thereafter modified by any subsequent resolution of the governing body or bodies within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant hereto, as the context requires or permits.
GEORGIA LAWS 2018 SESSION
4219
(7) "Electors" means the owners of real property within the given district which is subject to taxes, fees, and assessments levied by the board, as they appear on the most recent ad valorem real property tax return records of Henry County, or one officer or director of a corporate elector, one trustee of a trust which is an elector, one partner of a partnership elector, or one designated representative of an elector whose designation is made in writing to the respective county tax commissioner and the city clerk of the City of Eagle's Landing at least ten days prior to an election. An owner of property that is subject to taxes, fees, or assessments levied by the board shall have one vote for an election based on numerical majority. An owner of multiple parcels shall have one vote, not one vote per parcel, for an election based on numerical majority. Multiple owners of one parcel shall have one vote for an election based on numerical majority which must be cast by one of their number who is designated in writing. (8) "Equity electors" means electors who cast votes equal to each $1,000.00 value of all owned real property within the given district which is then subject to taxes, fees, and assessments levied by the board. Value of real property shall be the assessed value. (9) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree farming operation. The term does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (10) "Hereby," "herein," "hereunder," and "herewith" mean under this Act. (11) "Mayor" means the mayor of the City of Eagle's Landing. (12) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements, including operation of facilities or other improvements, located or to be located within or otherwise providing service to the district and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvements for the purposes set forth in Section 8.10 of this article. (13) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Henry County within the district as certified by the Henry County Tax Commissioner. (14) "Property used nonresidentially" means property or any portion thereof used for neighborhood shopping, planned shopping centers, general commercial, transient lodging
4220
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
facilities, tourist services, office or institutional, office services, light industry, heavy industry, central business district, parking, or other commercial or business use or vacant land zoned or approved for any of the aforementioned uses which do not include residential. (15) "Residential" means a specific structure, work, or improvement undertaken primarily to provide either single family or multifamily dwelling accommodations for persons and families of four units or less, and for which an application for homestead exemption has been filed and accepted. (16) "Taxpayer" means an entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. (17) "Value" or "assessed value" of property means the values established in the most recent ad valorem tax reassessment of such properties certified by the Henry County Board of Tax Assessors.
SECTION 8.12. Creation.
Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in the City of Eagle's Landing, Georgia, wholly within the incorporated area thereof, which shall be activated upon compliance with the conditions set forth in this section. Each district, if more than one are implemented, shall be governed as directed by this article. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of the community improvement district or districts by the governing authority for the City of Eagle's Landing and imposing such conditions on the projects and activities which may be undertaken as will ensure their compatibility with adopted city policies and planning for the area; and (2) The written consent to the creation of the community improvement district by:
(A) A majority of the owners of real property within the given district which will be subject to taxes, fees, and assessments levied by the board of the given district; and (B) The owners of real property within the given district which constitutes at least 75 percent by value of all real property within the district which will be subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest.
GEORGIA LAWS 2018 SESSION
4221
The written consent provided for in this paragraph shall be submitted to the Henry County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to such proposed district. The district or districts or respective board or boards created under this article shall not transact any business or exercise any powers under this article until the foregoing conditions are met. A copy of such resolutions shall be filed with the Secretary of State and with the city clerk of the City of Eagle's Landing, who shall each maintain a record of the district activated under this article. Nothing contained herein shall limit the ability of the governing authority of the City of Eagle's Landing to implement more than one community improvement district so long as the requirements hereof and of the Constitution of the State of Georgia are satisfied. The provisions of this article shall be construed so as to provide for the independent application and exercise of all powers for each district contained herein including the ability to levy taxes as outlined herein as separately and independently authorizing and empowering such separate community improvement districts created hereby. Nothing contained herein shall require the governing authority of the City of Eagle's Landing to create more than one community improvement district, or to require the creation of a new district if the district boundaries of an existing district are changed, added to, supplemented, or modified.
SECTION 8.13. Administration, appointment, and election of board members.
Each district created pursuant hereto shall be administered either by the governing authority or by a board as prescribed under this article. In the event that a district is to be governed by such a board, the board shall be composed of a minimum of seven board members to be appointed and elected as hereinafter provided:
(1) Two board members shall be appointed by the Mayor of the City of Eagle's Landing, and confirmed by a majority of the city council, one of whom shall be a member of the city council, to serve in Posts 6 and 7. Two board members shall be elected by the vote of electors, and three members shall be elected by the vote of equity electors. The members representing the electors and equity electors shall be elected to serve in post positions 1 through 5, respectively. Each elected board member shall receive a majority of the votes cast for the post for which he or she is a candidate. Votes for Posts 1 and 2 shall be cast by electors, and votes for Posts 3, 4, and 5 shall be cast by the equity electors. The initial term of office for the members representing Posts 1 and 3 shall be one year. The initial term of office for the members representing Posts 2 and 5 shall be two years, and the initial
4222
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
term of office of the members representing Post 3 shall be three years. Thereafter, all terms of office shall be for four years, except the appointed board members who shall serve at the pleasure of the appointing body which appointed him or her. Elected board members shall be subject to recall in the same manner as elected. (2) The initial board members to be elected as provided in paragraph (1) of this section shall be elected in a caucus of electors which shall be held within 120 days after the adoption of the resolution by the City of Eagle's Landing consenting to the creation of the district, and the obtaining of the written consents herein provided at such time and place within the district as the City of Eagle's Landing shall designate after notice thereof shall have been given to said electors by publishing same in the legal organ of Henry County as hereinafter provided. Thereafter, there shall be conducted annually, not later than 120 days following the last day for filing ad valorem real property tax returns in Henry County, a caucus of said electors at such time and place within the district as the board shall designate in such notice for the purpose of electing board members to those board member positions whose terms expire or are vacant. If a vacancy occurs in an elected position on the board, the board shall, within 60 days thereof, call a special election to fill the same to be held within 60 days of the call unless such vacancy occurs within 180 days of the next regularly scheduled election, in which case a special election may, but need not, be called. For any election held hereunder, notice thereof shall be given to said electors by publishing notice thereof in the legal organ of Henry County at least once each week for four weeks prior to such election. (3) Board members shall receive no compensation for their services, but shall be reimbursed for actual expenses reasonably incurred in the performance of their duties. They shall elect one of their number as chairperson and another as vice chairperson. They shall also elect a secretary and a treasurer, or a secretary/treasurer, either of whom may, but need not, be a member of the board or an elector. (4) If the boundaries of a district are subsequently changed after creation of the district to include land within the unincorporated area of the county or a municipality which was not a party to the creation of the district, or if a municipality's boundaries are changed to include land within an existing district, the governing authority of the municipality shall acquire the right to appoint a member to the board of the district upon entering into the cooperation agreement provided for in Section 8.17 of this article. If, by municipal annexation or by deannexation of land from a district, the district no longer includes land within the incorporated area of the City of Eagle's Landing or within a municipality, respectively, then the board member of the district appointed by such governing authority in which the district is no longer located shall cease to be a board member.
GEORGIA LAWS 2018 SESSION
4223
(5) Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," shall not apply to the election of district board members. Should a vacancy in office of a district board member occur, and the regular caucus of electors is more than six months in the future, a special election shall be called to fill such vacancy, unless it is filled by appointment as hereinabove required. The district board may adopt such bylaws not inconsistent herewith to provide for any matter concerning such elections.
SECTION 8.14. Taxes, fees, and assessments.
(a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding all property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia; all property used for residential, agricultural, or forestry purposes; and all tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2.5 percent of the aggregate assessed value of all such real property, subject to such limitations as the governing authority for the City of Eagle's Landing may implement with the adoption of the resolution consenting to the creation of said district. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing those governmental services and facilities set forth in Section 8.10 of this article which are specially required by the degree of density of development within the district and not for the purpose of providing those governmental services and facilities provided to the municipality as a whole. Any tax, fee, or assessment so levied shall be collected by the City of Eagle's Landing in the same manner as taxes, fees, and assessments are levied by the City of Eagle's Landing. Delinquent taxes shall bear the same interest and penalties as City of Eagle's Landing ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection of 0.25 percent thereof, but not more than $10,000.00 in any one calendar year, shall be transmitted as soon as they are acquired by the City of Eagle's Landing to the board, and shall be expended by the board only for the purposes authorized hereby. (b) The board shall levy the taxes provided for in subsection (a) of this section subsequent to the report of the assessed taxable values for the current calendar year and notify in writing
4224
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
the collecting governing bodies so they may include the levy on their regular ad valorem tax bills, if possible. (c) There shall be a segregation of all funds from the levy of taxes, fees, and assessments as described hereunder for the district, and neither the City of Eagle's Landing nor the respective county tax commissioner shall expend for any purpose not authorized by the board of this district any such taxes, fees, or charges assessed and collected hereunder except for such costs as may be attributed to the billing and collection of such fees, levies, and assessments. (d) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear the tax millage levied by the district then extant upon such parcel for indebtedness of the district then outstanding until said indebtedness is paid or refunded.
SECTION 8.15. Boundaries of the district.
(a) The boundaries of the district or districts shall be as designated as such by the City of Eagle's Landing as set forth in the resolution required in Section 8.12 of this article, or as may thereafter be added as hereinafter provided. (b) The boundaries of the district or districts may be increased after the initial creation of a district if:
(1) Written consent of the owners of any real property sought to be annexed is first obtained; (2) The board of the district adopts a resolution consenting to the annexation; and (3) A resolution is adopted which grants consent to the annexation by the governing authority of such municipalities as may have area within the district before or after the annexation.
SECTION 8.16. Debt.
Except as otherwise provided in this section, the district may incur debt without regard to the requirements of Article IX, Section V of the Constitution of the State of Georgia, which debt shall be backed by the full faith and credit and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district; provided, however, that the board and the district may not issue bonds
GEORGIA LAWS 2018 SESSION
4225
validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law.
SECTION 8.17. Cooperation with local governments.
The services and facilities provided pursuant hereto may be provided for in a cooperation agreement executed jointly by the board, the governing body of the City of Eagle's Landing, and any municipalities and other governmental authorities or agencies within which the district is partially located. The provisions of this section shall in no way limit the authority of the City of Eagle's Landing or any such municipality or any such authority to provide services or facilities within the district; and the City of Eagle's Landing or such municipalities shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include, but not be limited to, the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.
SECTION 8.18. Powers.
(a) The district and the board created pursuant hereto shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions hereof, including, without limiting the generality of the foregoing, the power to:
(1) Bring and defend actions; (2) Adopt and amend a corporate seal; (3) Make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, contracts with respect to the use of projects, and agreements with other jurisdictions or community improvement districts regarding multijurisdictional projects or services or for other cooperative endeavors to further the public purposes of the district;
4226
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(4) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) Finance by loan, private grant, lease, or otherwise, construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of the district or any other funds of the district, or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the board is authorized to receive, accept, and use; (6) Borrow money to further or carry out its public purposes and to execute bonds, notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its notes, or other obligations, loan agreements, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing; (7) Issue notes or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and otherwise to further or carry out the public purposes of the district and to pay all reasonably incurred costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes; provided, however, that the board and the district may not issue bonds validated under or in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the "Revenue Bond Law," or in accordance with such other successor provisions governing bond validation generally or as may be provided by law; (8) Make application directly or indirectly to any private source for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes and to accept and use the same upon such terms and conditions as are prescribed by such private source; provided, however, that the district and the board shall not have the power to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources; (9) Enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district; (10) Contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or political subdivision of this state
GEORGIA LAWS 2018 SESSION
4227
of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) Grant, mortgage, convey, assign, or pledge its property, revenues or taxes, or fees or assessments to be received as security for its notes, or other indebtedness and obligations; (12) Receive and use the proceeds of any tax levied by any county or any municipal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant hereto; (13) Receive and administer gifts, private grants, and devises of money and property of any kind and to administer trusts; (14) Use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be the best advantage of the district and the public purposes thereof; (15) Appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (16) Encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long range plans or proposals for the district in cooperation with the City of Eagle's Landing and any municipal corporations in which the district is wholly or partially located; (17) Invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (18) Adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal within its bylaws; (19) Exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (20) Do all things necessary or convenient to carry out the powers conferred hereby. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this article, and no such power limits or restricts any other power of the board except where expressly noted.
4228
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
SECTION 8.19. Construction; notice, proceeding, publication, referendum.
This article shall be liberally construed to effect the purposes hereof. No notice, proceeding, or publication except those required hereby shall be necessary to the performance of any act authorized hereby, nor shall any such act be subject to referendum.
SECTION 8.20. Applicability of Chapter 5 of Title 10 of the O.C.G.A.,
the "Georgia Securities Act of 1973."
The offer, sale, or issuance of notes or other obligations by the district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973."
SECTION 8.21. Dissolution.
(a) A district activated under the provisions of this article may be dissolved upon the occurrence of any of the following:
(1) The adoption of a resolution approving of the dissolution of the community improvement district by the City of Eagle's Landing and such other municipalities, as applicable, if partially within one or more municipalities; or (2) The written consent to the dissolution of the community improvement district by:
(A) A majority of the owners of real property within the district subject to taxes, fees, and assessments levied by the board of the district; or (B) The owners of real property constituting at least 75 percent by value of all real property within the district subject to taxes, fees, and assessments levied by the board. For this purpose, value shall be determined by the most recent approved county ad valorem tax digest. The written consent provided for in this paragraph shall be submitted to the Henry County tax commissioner, who shall certify whether subparagraphs (A) and (B) of this paragraph have been satisfied with respect to the proposed district dissolution. (b) In the event that successful action is taken pursuant to this section to dissolve the district, the dissolution shall become effective at such time as all debt obligations of the district have been satisfied. Following a successful dissolution action and until the dissolution becomes
GEORGIA LAWS 2018 SESSION
4229
effective, no new projects may be undertaken, obligations or debts incurred, or property acquired. (c) Upon a successful dissolution action, all noncash assets of the district other than public facilities or land or easements to be used for such public facilities, as described in Section 8.10 of this article, shall be reduced to cash and, along with all other cash on hand, shall be applied to the repayment of any debt obligation of the district. Any cash remaining after all outstanding obligations are satisfied shall be refunded to each property owner in direct proportion to the total amount in taxes, fees, or assessments paid by the property owner relative to the total revenues paid by all properties in the district. (d) When a dissolution becomes effective, the municipal governing authority shall take title to all property previously in the ownership of the district and all taxes, fees, and assessments of the district shall cease to be levied and collected. (e) A district may be reactivated in the same manner as an original activation.
ARTICLE IX GENERAL REPEALER
SECTION 9.10. General repealer.
All laws and parts of laws in conflict with this Act are repealed.
APPENDIX A Corporate Boundaries of the City of Eagle's Landing
The City of Eagle's Landing shall include all the territory embraced within the following census blocks based upon the 2010 United States decennial census:
Plan: eagleslanding-city-2017 Plan Type: Local Administrator: S017 User: Gina
4230
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
District EAGLESLAND Henry County VTD: 15133 - SPIVEY COMMUNITY 070104: 1001 1055 1056 VTD: 15138 - HICKORY FLAT 070205: 1002 3002 3021 3026 3028 3030 3031 3033 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3051 3052 070309: 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1032 1033 1034 1035 1036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2055 VTD: 15139 - STOCKBRIDGE EAST 070114: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1044 1048 1049 1050 1053 1054 1055 1056 1057 1058 1062 1067 2027 2028 2031 2032 070309: 1000 VTD: 15140 - STOCKBRIDGE WEST 070114: 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1023 1051 1063 VTD: 15142 - COTTON INDIAN 070205: 3012 VTD: 15150 - PATES CREEK 070104: 1037 1038 1039 1040 1041 1042 1043 1046 1047 1048 1049 1050 1051 1052 1053 1054 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 070305: 3000 3001 3002 3003 3004 3005 3006
GEORGIA LAWS 2018 SESSION
VTD: 15153 - FLIPPEN VTD: 15157 - DUTCHTOWN 070305: 3007 3008 3009 3010 3011 3012 3015 3019 3020 VTD: 15160 - LAKE HAVEN 070309: 1029 070310: 2001
4231
For the purposes of this description, the term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in the description which are underneath a VTD heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia.
APPENDIX B City Council Districts
Plan: eagleslanding-dist-2017 Plan Type: Local Administrator: S017 User: Gina
District 001 Henry County VTD: 15133 - SPIVEY COMMUNITY 070104: 1001 VTD: 15150 - PATES CREEK 070104: 1037 1038 1039 1040 1041 1042 1043 1046 1047 1048 1049 1050 1051 1052 1065 1066 1067 1068 1069 1070 1071 1074 1075 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
4232
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
070305: 3000 3001 3002 3003 3004 3005 3006 VTD: 15153 - FLIPPEN 070114: 1045 1046 1047 1059 1060 1061 1064 1065 1066 070309: 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2026 2050 2053 2054 VTD: 15157 - DUTCHTOWN 070305: 3007 3008 3009 3010 3011 3012 3015 3019 3020
District 002 Henry County VTD: 15133 - SPIVEY COMMUNITY 070104: 1055 1056 VTD: 15139 - STOCKBRIDGE EAST 070114: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1044 1048 1049 1050 1053 1054 1055 1056 1057 1058 1062 1067 2027 2028 2031 2032 070309: 1000 VTD: 15140 - STOCKBRIDGE WEST 070114: 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1023 1051 1063 VTD: 15142 - COTTON INDIAN 070205: 3012 VTD: 15150 - PATES CREEK 070104: 1053 1054 1058 1059 1060 1061 1062 1063 1064 1072 1073
GEORGIA LAWS 2018 SESSION
VTD: 15153 - FLIPPEN 070205: 3013
District 003 Henry County VTD: 15138 - HICKORY FLAT 070309: 2046 2047 2048 VTD: 15153 - FLIPPEN 070114: 1039 1040 1041 1042 1043 1052 2029 2030 070205: 3009 3010 3011 3014 3015 070309: 1001 1002 1003 1004 1005 1006 1037 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2051 2052
District 004 Henry County VTD: 15138 - HICKORY FLAT 070205: 1002 3002 3021 3026 3028 3030 3031 3033 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3051 3052 070309: 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1032 1033 1034 1035 1036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2049 2055 VTD: 15153 - FLIPPEN 070309: 1007 1008 1009 1010 1011 1012 1013 VTD: 15160 - LAKE HAVEN 070309: 1029
4233
4234
070310: 2001
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
For the purposes of this plan (eagleslanding-dist-2017): (1) The term "VTD" shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; (2) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia; (3) Any part of the City of Eagle's Landing which is not included in any district described in this plan (eagleslanding-dist-2017) shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia; and (4) Any part of the City of Eagle's Landing which is described in this plan (eagleslanding-dist-2017) as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia.
APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
I, Rick Jeffares, Georgia State Senator from the 17th District and the author of this bill introduced at the 2017 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Eagle's Landing, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A.
GEORGIA LAWS 2018 SESSION
4235
This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A.
So certified, this ______ day of ____________________, 2017.
_____________________________________ Honorable Rick Jeffares Senator, 17th District Georgia State Senate
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to incorporate the City of Eagles Landing, to repeal conflicting laws; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Rick Jeffares, Senator from District 17, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Henry Herald, which is the official organ of Henry County, on the 22nd of February in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or
4236
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
(ii) During the seven days immediately following the date of publication of such Notice.
s/ RICK JEFFARES Affiant
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 27th of February, in the year 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
FULTON COUNTY FULTON COUNTY INDUSTRIAL DISTRICT; REPEAL LOCAL CONSTITUTIONAL AMENDMENT; REFERENDUM.
No. 552 (House Bill No. 869).
AN ACT
To repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within the boundaries of an independent school system; to provide for a referendum with respect to the effectiveness of the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
GEORGIA LAWS 2018 SESSION
4237
SECTION 1. The amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within the boundaries of an independent school system, which amendment was proposed by 1979 House Resolution No. 10-35, Resolution Act No. 22 (Ga. L. 1979, p. 1797) and was continued in force and effect by an Act approved March 14, 1983 (Ga. L. 1983, p. 4077), and an Act approved March 20, 1986 (Ga. L. 1986, p. 4438), is hereby repealed.
SECTION 2. The election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Fulton County for approval or rejection. The election superintendent shall conduct such election on the Tuesday after the first Monday in November, 2018, and shall issue the call and conduct such election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which repeals the amendment to the Constitution ( ) NO of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within the boundaries of an independent school system?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 2019. If this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective, and this Act shall be automatically repealed on January 1, 2019. The expense of such election shall be borne by Fulton County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
4238
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2018 session of the General Assembly of Georgia a bill to repeal the amendment to the Constitution of Georgia creating within Fulton County the Fulton County Industrial District and prohibiting the governing authority of Fulton County from levying any tax for educational purposes within the boundaries of an independent school system; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Roger Bruce, Representative from District 61, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Daily Report, which is the official organ of Fulton County, on the 9th of January in the year 2018; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ ROGER BRUCE Affiant
GEORGIA LAWS 2018 SESSION
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 18th of January, 2018, Before me:
4239
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
__________
CITY OF STOCKBRIDGE CORPORATE BOUNDARIES; REFERENDUM.
No. 559 (Senate Bill No. 262).
AN ACT
To amend an Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, so as to revise the corporate boundaries of the city; to provide for related matters; to provide for a referendum; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I SECTION 1-1.
An Act to provide a new charter for the City of Stockbridge, approved April 4, 1991 (Ga. L. 1991, p. 4359), as amended, is amended by revising Section 1.11 by designating the existing text as subsection (a) and inserting a new subsection to read as follows:
"(b) On and after January 1, 2019, the following described territory shall no longer be a part of the corporate boundaries of the City of Stockbridge:
4240
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Plan: stockbr-deannex-2017 Plan Type: Local Administrator: S017 User: Gina
District DEANNEX Henry County VTD: 15133 - SPIVEY COMMUNITY 070104: 1055 VTD: 15138 - HICKORY FLAT 070205: 1002 3002 3021 3026 3028 3030 3031 3033 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3051 070309: 1015 1016 1019 1020 1022 1023 2038 2039 2040 2042 2043 2044 2045 VTD: 15139 - STOCKBRIDGE EAST 070114: 1000 1001 1002 1003 1004 1005 1007 1008 1009 1010 1026 1028 1029 1033 1035 1044 1054 1058 1062 1067 2028 070309: 1000 VTD: 15140 - STOCKBRIDGE WEST 070114: 1013 1014 1015 1016 1017 1018 1019 1020 VTD: 15142 - COTTON INDIAN 070205: 3012 VTD: 15150 - PATES CREEK 070104: 1037 1047 1053 1054 1059 1064 2002 2003 2004 2005 070305: 3001 3003 3004 3005 3006
GEORGIA LAWS 2018 SESSION
VTD: 15153 - FLIPPEN 070114: 1040 1041 1042 1043 1045 1046 1059 1060 1065 2029 070205: 3009 3010 3011 3013 3014 3015 070309: 1001 1002 1004 1005 1006 1009 1010 1013 1037 2004 2016 2017 2018 2020 2021 2028 2029 2033 VTD: 15157 - DUTCHTOWN 070305: 3011 VTD: 15160 - LAKE HAVEN 070309: 1029 070310: 2001
4241
For the purposes of this description, the term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in the description which are underneath a VTD heading shall mean and describe individual blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia.
The area being deannexed from the City of Stockbridge shall also include the following tax parcels as recorded by the Henry County Tax Assessor as of January, 2017:
053-01015000 053-01016000 053-01018000 053B06001000"
SECTION 1-2. (a) In the event that, in the 2018 session, the General Assembly creates the City of Eagle's Landing and such creation is ratified by the voters in 2018 and the City of Stockbridge has annexed into the City of Stockbridge parcels of property which are contained in the corporate limits of the newly incorporated City of Eagle's Landing, such annexed parcels shall no
4242
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
longer be a part of the City of Stockbridge on January 1, 2019, and shall become part of the City of Eagle's Landing. (b) In the event that, in the 2018 session, the General Assembly creates the City of Eagle's Landing and such creation is ratified by the voters in 2018, and the City of Stockbridge has annexed into the City of Stockbridge parcels of property which are not contained in the corporate limits of the new incorporated City of Eagle's Landing and which are no longer contiguous to the corporate boundaries of the City of Stockbridge, such annexed parcels shall no longer be a part of the City of Stockbridge on January 1, 2019, and shall become part of unincorporated Henry County.
PART II SECTION 2-1.
Said Act is further amended by revising Section 1.11 by designating the existing text as subsection (a) and inserting a new subsection to read as follows:
"(b) The City of Stockbridge shall also include the following territory: Plan: stock-annex-2017 Plan Type: Local Administrator: S017 User: Gina
District ANNEX Henry County VTD: 15133 - SPIVEY COMMUNITY 070104: 1000 1010 1018 1028 1030 1057 3004 3005 3006 3007 3008 3009 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3027 3029 3030 3031 3032 3033 3034 3043 3044 3045 3052 3055 3059 3062 3063 3064 3069 VTD: 15139 - STOCKBRIDGE EAST 070114: 2000 2002 2003 2004 2006 2018 2022 2023 2025 2026 2033 VTD: 15140 - STOCKBRIDGE WEST 070111: 2007 2008 2015 2030 3000 3001 3002 3003 3004 3005 3006 3008 3009 3010 3011 3012 3014 3015 3022 3023
GEORGIA LAWS 2018 SESSION
070114: 2019 VTD: 15141 - STAGECOACH 070106:
2033 2034 070113: 1047 VTD: 15142 - COTTON INDIAN 070205: 2022 VTD: 15154 - STOCKBRIDGE CENTER 070111: 1020 1021 1022 1023 1024."
4243
SECTION 2-2. The election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the territory sought to be annexed into the City of Stockbridge under this Act for approval or rejection. The election superintendent shall conduct such election on the date of and in conjunction with the 2018 General Primary and shall issue the call and conduct such election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words:
"( ) YES Shall the Act be approved which annexes certain land into the City of ( ) NO Stockbridge?"
All persons desiring to vote for approval of the annexation shall vote "Yes" and all persons desiring to vote for rejection of the annexation shall vote "No." If more than one-half of the votes cast on such question are for approval of the annexation, then Section 2-1 of this Act shall become effective on January 1, 2019. If more than one-half of the votes cast on such question are for rejection of the annexation or if the election is not held as provided in this section, then Part II of this Act shall automatically be repealed on January 1, 2019. The expense of such election shall be borne by the City of Stockbridge. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.
4244
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
PART III SECTION 3-1.
(a) Part I of this Act shall become effective on January 1, 2019, provided that an Act to create the City of Eagle's Landing is enacted in the 2018 session of the General Assembly and is ratified by the voters in 2018. If no such Act is enacted or if it is not ratified by the voters, then Part I of this Act shall not be effective and shall be repealed by operation of law on January 1, 2019. (b) Except as provided in Section 2-2 of this Act, Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, provided that an Act to create the City of Eagle's Landing is enacted in the 2018 session of the General Assembly and signed by the Governor. If no such Act is enacted and signed by the Governor, then Part II of this Act shall not be effective and shall be repealed by operation of law on January 1, 2019. (c) Part III of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3-2. Directory nature of dates.
It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing, it is specifically provided that:
(1) If it is not possible to hold the referendum election provided for in Section 2-2 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable; and (2) If the bill creating the City of Eagle's Landing is enacted by the General Assembly in 2018 but the referendum on the incorporation of the City of Eagle's Landing is delayed for any reason, then the dates in this Act shall be adjusted accordingly to accommodate such delay.
GEORGIA LAWS 2018 SESSION
SECTION 3-3. All laws and parts of laws in conflict with this Act are repealed.
4245
NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION
Notice is given that there will be introduced at the regular 2017 session of the General Assembly of Georgia a bill to amend an Act to provide a new charter for the City of Stockbridge approved April 4, 1991 (Ga L. 1991 p. 4359) as amended; and for other purposes.
AFFIDAVIT
GEORGIA, FULTON COUNTY
I, Rick Jeffares, Senator from District 17, state on oath as follows: (1) I am the author of the local bill to which this affidavit is attached. (2) In accordance with O.C.G.A. 28-1-14, the notice requirements for the local bill to which this affidavit is attached have been satisfied, including but not limited to the following: (A) The Notice of Intention to Introduce Local Legislation which is attached to such local bill was published in the Henry Herald, which is the official organ of Henry County, on the 22nd of February in the year 2017; and (B) If the local bill amends the charter of a municipality or the enabling Act of the governing authority of a county or consolidated government, then a copy of the Notice of Intention to Introduce Local Legislation was mailed, transmitted by facsimile, or otherwise provided to the governing authority of such municipality, county, or consolidated government: (i) During the calendar week in which the Notice was published in the official organ; or (ii) During the seven days immediately following the date of publication of such Notice.
s/ RICK JEFFARES Affiant
4246
LOCAL AND SPECIAL ACTS AND RESOLUTIONS, VOL. II
Sworn to and subscribed at the State Capitol in Atlanta, Georgia, This 27th of February in the year 2017, Before me:
s/ JENNIFER BURGESS Jennifer Burgess Notary Public, Fulton County, Georgia My Commission Expires December 29, 2018 [SEAL]
Approved May 8, 2018.
HOME RULE ORDINANCES
OF COUNTIES
AND CONSOLIDATED GOVERNMENTS
GEORGIA LAWS 2018 SESSION
MADISON COUNTY BOARD OF COMMISSIONERS; REPEAL OF OBSOLETE PROVISION.
4249
A RESOLUTION OF THE
BOARD OF COMMISSIONERS OF MADISON COUNTY EXERCISING HOME RULE POWER TO AMEND THE CHARTER OF THE
MADISON COUNTY BOARD OF COMMISSIONERS
WHEREAS, Section 6 of 1966 Ga. Laws 2667, the Local Act creating the existing Madison County Board of Commissioners (hereafter the "Charter") contains rules and procedures for the Madison County Board of Commissioners (hereafter the "Board") to hold "executive or secret meetings;" and
WHEREAS, this section 6 has been superseded and rendered obsolete by the Georgia Open Meetings Act (O.C.G.A. 50-14-1, et. seq.), the initial version of which was enacted in 1972 and which has been amended numerous times to date; and
WHEREAS, Ga. Constitution Article IX, Section 2, Paragraph 1 grants the Board, as the governing authority, the Home Rule power to amend or repeal local acts applicable to it;
NOW THEREFORE, BE IT RESOLVED that Section 6 of the Charter is hereby repealed and said Section 6 is hereby marked as "Reserved."
FIRST ADOPTION: May 22, 2017 FINAL ADOPTION: June 5, 2017
BOARD OF COMMISSIONERS OF MADISON COUNTY, GEORGIA
By: s/ JOHN D. SCARBOROUGH John D. Scarborough, Chairman
Attest: s/ RHONDA S. WOOTEN Rhonda S. Wooten, County Clerk
4250
COUNTY HOME RULE ORDINANCES AFFIDAVIT OF PUBLICATION
I, Jeremy York, Advertising Representative for Mainstreet Newspapers, do hereby certify that the advertisement, Notice of Intention to Exercise Home Rule Power to Amend Charter of the Madison County Board of Commissioners, appeared in the Madison County Journal on May 10, May 17 and May 24.
s/ JEREMY YORK Jeremy York, Advertising Representative
Subscribed and sworn to before me, this 8 day of June, 2017.
s/ DEBBIE ANNE CASTELLAW [SEAL] Notary Public
NOTICE OF INTENTION TO EXERCISE HOME RULE POWER TO AMEND CHARTER OF THE MADISON COUNTY BOARD OF COMMISSIONERS
Notice is given that the Madison County Board of Commissioners (the "Board") will consider a Resolution to repeal Section 6 of 1966 Ga. Laws 2667, the Local Act creating the existing Madison County Board of Commissioners (the "Charter"). Section 6 contains rules and procedures for the Board to hold "executive or secret meetings" and has been superseded by the Georgia Open meetings Act. The Board's first consideration of this Resolution will occur at its meeting on May 22, 2017, and final adoption will be considered at the Board's meeting on June 5, 2017. A copy of the Resolution is on file in the office of the Clerk of the Superior Court of Madison County for the purpose of examination and inspection by the public, and the Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal.
Filed in the Office of the Secretary of State July 6, 2017. __________
GEORGIA LAWS 2018 SESSION
FORSYTH COUNTY PUBLIC HEARINGS REGARDING CERTAIN ORDINANCES AND RESOLUTIONS.
4251
A RESOLUTION AND ORDINANCE BY THE BOARD OF COMMISSIONERS OF FORSYTH COUNTY TO AMEND THE FORSYTH COUNTY, GEORGIA ENABLING LEGISLATION WITH RESPECT TO THE PUBLIC HEARING
REQUIREMENT TO ADOPT ORDINANCES AND RESOLUTIONS THAT MAY BE PROSECUTED AS CODE VIOLATIONS
WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State in November of 1982, and effective July 1, 1983, provides in Article IX, Section II, Paragraph I (a) and (b) that "each county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and . . . may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority. . . . "
WHEREAS, an Act to create a Board of Commissioners for Forsyth County was approved by the General Assembly on June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225) (the "Local Act");
WHEREAS, the Local Act was amended on April 11, 1979 (Ga. L. 1979, p. 4001) and again per a home rule amendment adopted by Resolution adopted September 9, 2013 such that Section 12.1, currently provides, in relevant part:
(a) The Board of Commissioners of Forsyth County is hereby delegated the police powers of the State with respect to persons and property situated within the County of Forsyth, except with respect to those persons or property situated within the territorial limits of any municipality in such county, and in the exercise of such powers is expressly authorized and empowered to make and establish by ordinance or resolution such rules and regulations respecting persons or property and all other matters and things affecting the good government of the county as it shall deem requisite and proper for the security, welfare, health, and convenience of said county and for the preservation of the peace and good order of the same; provided, such ordinance or resolution shall be designated as such and shall be subject to two (2) public hearings on two (2) consecutive public hearing calendars of the
4252
COUNTY HOME RULE ORDINANCES
Forsyth County Board of Commissioners before said ordinance or resolution shall constitute a legal basis for the prosecution of any such violator under said subsection (b).
WHEREAS, the Forsyth County Board of Commissioners now desires to amend Section 12.1 (a) of the Local Act, and otherwise modify the Local Act, as amended, such that the mandatory two public hearings required prior to the adoption by ordinance or resolution of rules and regulations respecting persons or property and all other matters and things affecting the security, welfare, health, and convenience of the County other than zoning decisions shall no longer be required to occur following two consecutive meetings;
WHEREAS, pursuant to Article IX, Section II, Paragraph I (b)(1) of the Constitution of the State of Georgia, local acts may be amended by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than 60 days apart and a notice containing a synopsis of the proposed amendment shall be published in the official county organ once a week for three weeks within a period of 60 days immediately preceding its final adoption;
WHEREAS, those requirements applicable to amendments to local acts of the General Assembly by a resolution or ordinance duly adopted by the county governing authority as set forth in the Georgia Constitution, Article IX, Sec. II, Par. I (b)(l) have been met and satisfied, and, specifically, notice of the consideration of this Resolution has been advertised and this Resolution has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with the Constitution of the State of Georgia, Article IX, Section II, Paragraph I, Subparagraph (b)(1); and
NOW, THEREFORE, BE IT, AND IT IS HEREBY RESOLVED by the Forsyth County Board of Commissioners that the Act creating the board of commissioners for Forsyth County, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved April 11, 1979 (Ga. L 1979, p. 4001) and a home rule amendment adopted by Resolution adopted September 9, 2013, is amended by modifying subsection (a) of Section 12.1 as follows:
(b) The Board of Commissioners of Forsyth County is hereby delegated the police powers of the State with respect to persons and property situated within the County of Forsyth, except with respect to those persons or property situated within the territorial limits of any municipality in such county, and in the exercise of such powers is expressly
GEORGIA LAWS 2018 SESSION
4253
authorized and empowered to make and establish by ordinance or resolution such rules and regulations respecting persons or property and all other matters and things affecting the good government of the county as it shall deem requisite and proper for the security, welfare, health, and convenience of said county and for the preservation of the peace and good order of the same; provided, such ordinance or resolution shall be designated as such and shall be subject to two (2) public hearings on two (2) consecutive public hearing calendars of the Forsyth County Board of Commissioners before said ordinance or resolution shall constitute a legal basis for the prosecution of any such violator under said subsection (b), except that the State Zoning Procedures Law and any ordinance adopted thereunder shall control the procedures for making zoning decisions.
BE IT FURTHER RESOLVED that any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance is hereby repealed.
BE IT FURTHER RESOLVED that this Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State as required by Article IX, Section II, Paragraph I (g) of the Constitution of the State of Georgia.
The public health, safety and welfare demanding it.
WITNESS my hand and official seal this 19th day of October, 2017.
FORSYTH COUNTY BOARD OF COMMISSIONERS
s/ TODD LEVENT Mr. Todd Levent, Chairman
______________________________________ Vacant
s/ LAURA SEMANSON Ms. Laura Semanson, Secretary
4254
COUNTY HOME RULE ORDINANCES
s/ CINDY MILLS Ms. Cindy Mills, Member
s/ PETE AMOS Mr. Pete Amos, Member
Attest:
s/ SONYA BUSH Clerk
AFFIDAVIT OF PUBLICATION
State of Georgia County of Forsyth
Personally appeared before the undersigned, Stephanie Woody, who having been duly sworn, on oath, says that she is the Publisher of the FORSYTH COUNTY NEWS, and that the Advertisement was Published in the FORSYTH COUNTY NEWS:
Ad# 31930 Public Hearing Notice of Consideration of Amendment to Forsyth County Enabling Legislation Published: 10/04/2017, 10/11/2017, 10/18/2017
s/ STEPHANIE WOODY Stephanie Woody, Publisher
Verified s/ LS
GEORGIA LAWS 2018 SESSION
Sworn to and Subscribed before me This 31st day of October, 2017
4255
s/ LISA SALINAS Notary Public (Lisa Salinas) [SEAL] My Commission Expires: July 19, 2021
NOTICE OF CONSIDERATION OF AMENDMENT TO FORSYTH COUNTY ENABLING LEGISLATION
RE: Proposed Amendment to Local Act Applicable to the Forsyth County Board of Commissioners. Notice is hereby given that the Board of Commissioners of Forsyth County, Georgia will consider amendments to Section 12.1 of the Act creating the Board of Commissioners of Forsyth County, Georgia, approved June 30, 1964 (Ga. L. 1964, Ex Sess. p. 2225), as amended, pursuant to the Georgia Constitution, Article IX, Section II, Paragraph I of the Constitution of the State of Georgia at the Board's regular meetings on October 5, 2017 and October 19. 2017 at 5:00 p.m. in the Commissioner's Meeting Room, Suite 220 in the Forsyth County Administration Building located at 110 East Main Street Cumming, Georgia 30040. The proposed amendment shall modify the procedures related to the exercise of the police powers by the Board of Commissioners. Specifically, the proposed amendment will change the public hearing requirements necessary for adoption of ordinances or resolutions that serve as a basis for a prosecutable code violation, by changing the public hearing requirements from two consecutive public hearing to two public hearing without the consecutive requirement. Copies of the proposed amendment (as reflected in the Resolution and Ordinance of Amendment) are on file in the Office of the Clerk of Superior Court of Forsyth County and the Forsyth County Administrative Clerk Board of Commissioners of Forsyth County, Georgia.
Filed in the Office of the Secretary of State November 17, 2017. __________
4256
COUNTY HOME RULE ORDINANCES
MACON-BIBB COUNTY APPOINTMENTS AND PROMOTIONS; NON-DISCRIMINATION.
SPONSOR: COMMISSIONER LARRY SCHLESINGER
AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION TO AMEND SECTIONS 31 (B) AND 32 (A) OF THE CHARTER OF MACON-BIBB COUNTY, (GA. L. 2012, P. 5595, AS AMENDED), TO PROVIDE THAT ALL APPOINTMENTS AND PROMOTIONS IN MACON-BIBB COUNTY SHALL BE MADE WITHOUT REGARD TO SEX, SEXUAL ORIENTATION, GENDER IDENTITY, RACE, RELIGION, NATIONAL ORIGIN, AGE, OR POLITICAL AFFILIATION; AND FOR OTHER PURPOSES.
WHEREAS, Section 35 of the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), authorizes the Macon-Bibb County Commission to adopt an ordinance amending the Charter of Macon-Bibb County under Home Rule authority as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia; and
WHEREAS, pursuant to this authority, the Macon-Bibb County Commission desires to amend Subsection (b) of Section 31 of the Charter of Macon County and Subsection (a) of Section 32 of the Charter of Macon-Bibb County to provide that all appointments and promotions in Macon-Bibb County shall be made with regard to sex, sexual orientation, gender identity, race, religion, national origin, age, or political affiliation;
NOW, THEREFORE, BE IT ORDAINED, by the Macon-Bibb County Commission and it is hereby so ordained by the authority of the same:
Section 1.
Subsection (b) of Section 31 of the Charter of Macon-Bibb County, (Ga. L. 2012. p. 5595, as amended), shall be amended by deleting the third sentence of said Subsection in its entirety and substituting a new third sentence to read as follows:
"All appointments and promotions in Macon-Bibb County shall be made without regard to sex, sexual orientation, gender identity, race, religion, national origin, age, or political affiliation."
GEORGIA LAWS 2018 SESSION Section 2.
4257
Subsection (a) of Section 32 of the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), shall be amended by deleting said Subsection in its entirety and substituting a new Subsection (a) to read as follows:
"(a) The Commission shall afford equal opportunities for employment and promotion to all persons regardless of sex, sexual orientation, gender identity, race, religion, national origin, age, or political affiliation."
Section 3.
In accordance with Sec. 1-4(c) of the Code of Ordinances of Macon-Bibb County, Georgia, it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances of Macon-Bibb County, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.
Section 4.
The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences. paragraphs and sections of this Ordinance.
Section 5.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.
Section 6.
This Ordinance shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval.
4258
COUNTY HOME RULE ORDINANCES
FIRST PASSAGE OF CHARTER AMENDMENT
[SEAL]
SO ORDAINED this 18 day of April, 2017.
s/ ROBERT A. B. REICHERT ROBERT A. B. REICHERT, MAYOR
ATTEST: s/ JANICE J. ROSS JANICE ROSS, CLERK OF COMMISSION
SECOND PASSAGE OF CHARTER AMENDMENT
SO ORDAINED this 4 day of May, 2017.
s/ ROBERT A. B. REICHERT ROBERT A. B. REICHERT, MAYOR
ATTEST: s/ JANICE J. ROSS JANICE ROSS, CLERK OF COMMISSION
To Whom It May Concern:
Re: Affidavit Ad Number: W00445420 Reference: Charter of Macon-Bibb County Classification: Legal Notices
This is to certify the legal advertisement in the above stated case was published in The Telegraph legal section on: 4/22, 4/29, 5/1/2017
GEORGIA LAWS 2018 SESSION SWORN TO AND SUBSCRIBED BEFORE ME
4259
s/ CHARLENE CAZARRO Front Desk Clerk Title [SEAL]
GEORGIA, BIBB COUNTY
PUBLIC NOTICE
Macon-Bibb County proposes to amend the Charter of Macon-Bibb County to provide that the commission shall provide equal opportunities for employment, appointment, and promotion to all persons regardless of sex, sexual orientation, gender identity, race, religion, national origin, age, or political affiliation. A copy of the proposed Charter amendment is available for public inspection in the Office of the Bibb County Superior Court Clerk.
Filed in the Office o the Secretary of State December 22, 2017. __________
MACON-BIBB COUNTY MACON-BIBB COUNTY PENSIONS AND RETIREMENT SYSTEM; JUDGE OF THE MUNICIPAL COURT NOT EXCLUDED.
0-17-0011
SPONSOR: MAYOR ROBERT A.B. REICHERT
AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION TO AMEND APPENDIX II OF THE CHARTER OF MACON-BIBB COUNTY, (GA. L. 2012, P. 5595, AS AMENDED), RELATING TO THE MACON-BIBB COUNTY PENSIONS AND RETIREMENT SYSTEM, DIVISION A RETIREMENT PLAN PURSUANT TO HOME RULE AUTHORITY GRANTED UNDER ARTICLE IX, SECTION II, PARAGRAPAH I OF THE CONSTITUTION OF THE STATE OF GEORGIA SO AS TO PROVIDED CLARIFICATION THAT THE JUDGE OF THE MUNICIPAL COURT IS NOT
4260
COUNTY HOME RULE ORDINANCES
EXCLUDED FROM PARTICIPATION IN THE DIVISION A PLAN; AND FOR OTHER PURPOSES.
WHEREAS, on November 10. 2008, the Mayor and Council of the City of Macon did take specific action under App. II. Art. II Section 2.3 of the Charter of the City of Macon to provide that the full time judge of the municipal court shall participate in and be specially included in the Macon Pensions and Retirement System, Division A, (the "Division A Plan"); and
WHEREAS, despite this action, the Division A Plan has never been amended to clarify that the judge of the municipal court is not excluded from participation in the Division A Plan; and
WHEREAS, Section 35 of the Charter of Macon-Bibb County, (Ga. L. 2012. p. 5595, as amended), authorizes the Macon-Bibb County Commission to adopt an ordinance amending the Charter of Macon-Bibb County under Home Rule authority as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia: and
WHEREAS, pursuant to this authority, the Macon-Bibb County Commission amended the Charter of Macon-Bibb County to include a restatement of the Division A Plan as Appendix II of the Charter of Macon-Bibb County, (Ga. L. 2011. P. 5595, as amended); and
WHEREAS, the Macon-Bibb County Commission desires to amend subsection (b) of Sec. 2.3 of Appendix II of the Charter of Macon County to clarify that the judge of the municipal court is not excluded from participation in the Division A Plan;
NOW, THEREFORE, BE IT ORDAINED, by the Macon-Bibb County Commission and it is hereby so ordained by the authority of the same:
Section 1.
In accordance with Home Rule authority as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia), subsection (b) of section 2.3 of Appendix II of the Charter of Macon-Bibb County, (Ga. L. 2012, p. 5595, as amended), shall be amended to clarify that the judge of the municipal court is not excluded from participation in the Division A Plan by substituting a new subsection (b) which does not include the judge
GEORGIA LAWS 2018 SESSION
4261
of municipal court as a person excluded from participation in the Division A Plan, which new subsection (b) shall read as follows:
(b) The mayor and city council members;
Section 2. In accordance with Sec. 1-4(c) of the Code of Ordinances of Macon-Bibb County, Georgia, it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances of Macon-Bibb County, Georgia, and the sections of this Ordinance may be renumbered to accomplish such intention.
Section 3. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared illegal by the valid judgement or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and section of this Ordinance.
Section 4. All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.
Section 5. This Ordinance shall become effective immediately upon its approval by the Mayor or upon its adoption into law without such approval.
FIRST PASSAGE OF CHARTER AMENDMENT
SO ORDAINED this 21 Day of February, 2017.
s/ ROBERT A. B. REICHERT ROBERT A. B. REICHERT, MAYOR
ATTEST: s/ JANICE J. ROSS JANICE ROSS, CLERK OF COMMISSION
4262
COUNTY HOME RULE ORDINANCES
SECOND PASSAGE OF CHARTER AMENDMENT
SO ORDAINED this 3 day of March, 2017.
s/ ROBERT A. B. REICHERT ROBERT A. B. REICHERT, MAYOR
ATTEST: s/ JANICE J. ROSS JANICE ROSS, CLERK OF COMMISSION
To Whom It May Concern:
Re: Affidavit Ad Number: W00432400 Reference: Pensions and Retirement System Classification: Legal Notices
This is to certify the legal advertisement in the above stated case was published in The Telegraph Legal section on: 2/25, 3/4, 3/2017
SWORN TO AND SUBSCRIBED BEFORE ME
s/ CHARLENE CAZCARRO Front Desk Clerk Title
[SEAL]
GEORGIA, BIBB COUNTY PUBLIC NOTICE
Macon-Bibb County proposes to amend Appendix II of the Charter of Macon-Bibb County to clarify that the judge of the municipal court is not excluded from participation in Division A of the Macon-Bibb County Pensions and Retirement System. The proposed Charter amendment is available for public inspection in the Office of the Clerk of Commission and the Office of the Bibb County Superior Court Clerk.
GEORGIA LAWS 2018 SESSION Filed in the Office of the Secretary of State December 22, 2017.
4263
HOME RULE ORDINANCES
OF MUNICIPAL CORPORATIONS
GEORGIA LAWS 2018 SESSION
CITY OF GRIFFIN CEMETERY TRUST FUND; INVESTMENT POWERS OF TRUSTEES.
4267
No. HR17-1
A HOME RULE ORDINANCE AMENDING THE CHARTER OF THE CITY OF GRIFFIN, GEORGIA
AN ORDINANCE, ENACTED BY THE BOARD OF COMMISSIONERS, PURSUANT TO AUTHORITY OF O.C.G.A. 36-35-3(b)(1), "THE MUNICIPAL HOME RULE POWERS ACT", FOR THE PURPOSE OF AMENDING THE CHARTER OF THE CITY OF GRIFFIN, GEORGIA, 2004 GA. LAWS, p 4232, et seq., AS AMENDED, AT SECTION 6.2, CEMETERY TRUST FUND, BY RESTATING THE INVESTMENT POWERS OF THE TRUSTEES, AND FOR OTHER PURPOSES.
WHEREAS, the 2004 Charter of the City of Griffin, 2004 Ga. Laws, p. 4232, et seq., as amended, carried forth in full force and effect 1921 Ga. Laws, p. 959, as amended by 1959 Ga. Laws, p. 2669, creating the Cemetery Trust Fund;
WHEREAS, since creation of this fund, the City cemeteries have been placed under perpetual care by the City, and general law has authorized the City to maintain any abandoned cemeteries or burial grounds;
WHEREAS, modern day burial customs and practices, as well as the general economics of cemetery maintenance, have outpaced the ability of the current Cemetery Trust Fund to provide sufficient funding for maintenance of cemeteries and burial grounds within the City, creating more dependence for funding on the General Fund while the Trust provides less annual income for cemetery maintenance, acquisition of new land for burials, etc.; and
WHEREAS, modernization of investment standards should allow for greater annual income production while preserving responsible fiduciary obligations on the Cemetery Board of Trustees;
NOW, THEREFORE, BE IT ORDAINED AND IT IS ESTABLISHED AS FOLLOWS:
4268
MUNICIPAL HOME RULE ORDINANCES
Sec. 1. Section 6.2 as currently stated in the Charter of the City of Griffin is hereby repealed and there is adopted in lieu thereof, the following:
"SECTION 6.2. Cemetery Trust Fund; trust created.
(a) An Act amending the charter of the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959, as amended by Ga. L. 1959, p. 2669), created the Cemetery Trust Fund as a perpetual trust, which is hereby continued.
(b) The trust shall be held, invested, and administered by a board of trustees consisting of the chairperson of the commission, the city manager, and the city attorney. The chairperson shall be chair of the board of trustees and preside at all meetings. The city manager shall serve as secretary-treasurer and give security for the faithful discharge of his or her duties, including all trust funds placed in his or her hands. All meetings shall be called and conducted in accordance with the Georgia Open Meetings Law and provisions of this charter. The vote of a majority of the board of trustees shall control on all questions.
(c) The city manager shall pay to the trustees fifty (50%) of the revenue received by the city from the sale of contracts for burial rights, cemetery lots, graves, burial spaces, niches, mausoleums, columbaria, urns, or crypts, or any other revenue derived from operation of the cemeteries owned or maintained by the city. This money shall be added to and become a part of the trust corpus.
(d) The trustees of the fund are authorized and shall have full power, either directly or through agents, to invest and reinvest assets of the trust and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the fund have been invested, any proceeds of any investments, and any money belonging to the trust, provided that in making investments and in acquiring and retaining those investments and managing the assets of the trust, the trustees shall exercise the judgment and care, under the circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise when acting in a like capacity and familiar with such matters, considering the purposes, provisions, and distribution requirements of the trust. Within the standard provided herein and considering their overall written investment strategy, the trustees are authorized to acquire and retain every kind of property, whether real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds,
GEORGIA LAWS 2018 SESSION
4269
debentures, and other corporate obligations and stocks, preferred or common, and may retain such investments without any limitation as to time and without regard as to its suitability for original purchase.
(e) The trustees shall not use or expend the corpus of this trust for any purpose.
(f) The trustees shall annually, based upon each fiscal year-end audit, pay to the city manager all of the net income earned from investment of this trust during the fiscal year, to be placed into a restricted account and used exclusively for the perpetual care and maintenance of the cemeteries of the City of Griffin or for the purchase and preparation costs of land to be used solely for cemetery purposes."
Section 2. All ordinances, Charter provisions, and Code of Griffin sections, or parts thereof, in conflict with the foregoing are expressly repealed.
Section 3. Should any provision of this ordinance be rendered invalid by any court of law, the remaining provisions shall continue in force and effect until amended or repealed by action of the municipal governing authority.
Section 4. Except as modified herein, The Charter of Griffin, Georgia, is hereby reaffirmed and restated. The codifier is hereby granted editorial license to include this amendment in future supplements of said Charter by appropriate section, division, article or chapter.
Section 5. This ordinance shall become effective on July 1, 2017.
First Reading: April 11, 2017 Second Reading: April 25, 2017
CERTIFICATION
I, KENNY L. SMITH, do hereby certify that I am the Secretary of the Board of Commissioners of the City of Griffin, Georgia, and in that capacity serve as custodian of public records for said City and its Board of Commissioners. Attached hereto is a true and exact copy of a Home Rule Ordinance pursuant to O.C.G.A. 36-35-3(b)(1), adopted by the Board at two consecutive, regular meetings, held April 11 and 25, 2017, the original of which appears in the official Minutes of said meetings. Said Ordinance, as adopted, remains in full
4270
MUNICIPAL HOME RULE ORDINANCES
force and effect and has not been subsequently amended. The meetings were duly called and conducted in compliance with the Georgia Open Meetings Law, with a quorum present.
This 25th day of April, 2017.
(SEAL)
s/ KENNY L. SMITH Kenny L. Smith Secretary, Bd. of Commissioners City of Griffin, Georgia
AFFIDAVIT OF PUBLICATION
STATE OF GEORGIA}
SS
COUNTY OF SPALDING}
Joy Gaddy, being duly sworn, says:
That she is the Publisher of the The Griffin Daily News, a daily newspaper of general circulation, printed and published in Griffin, Spalding County, Georgia; that the publication, a copy of which is attached hereto, was published in the said newspaper on the following dates:
March 31, 2017 April 07, 2017 April 14, 2017
Publisher's Fee: $2,160.00 That said newspaper was regularly issued and circulated on those dates.
SIGNED:
s/ Joy Gaddy
GEORGIA LAWS 2018 SESSION Subscribed to and sworn to me this 14th day of April 2017.
4271
s/ LINDA BROOKS Notary Public, Spalding County, Georgia [SEAL]
SYNOPSIS OF PROPOSED CHARTER AMENDMENT SECTION 6.2, CEMETERY TRUST FUND
Ga. Laws 1921, p. 959, as amended by Ga. Laws 1959, p. 2669, created the Cemetery Trust Fund of the City of Griffin and established a board of trustees to administer the trust. These laws amended the former Charter of the City of Griffin and have been carried forward into the present Charter, Ga. Laws 2004, p. 4232, at Sec. 6.2.
At the time of the Trust's creation, the City operated two municipal cemeteries in which lots were sold and maintenance was performed by lot owners or family members of those interred. Since that time, the City's cemeteries have expanded and the City, by general law, has become responsible for maintenance of abandoned cemeteries and burial grounds within its municipal limits. In 1976, the City reincorporated its cemeteries as "perpetual care" under which it thereafter issues burial rights certificates (as opposed to the sale of lots in fee simple) and performs all maintenance in perpetuity. As a perpetual care cemetery, legal title remains vested in the City. A portion of the sale of all burial rights contracts is deposited into the Cemetery Trust, as corpus.
The Trustees are given very conservative investment powers, and have no authority to expend the trust corpus. Annually, net income is to be paid over to the City Manager and used for the limited purpose of operating and maintaining the City's cemeteries. Trustees are limited to not investing more than 50% of the trust corpus in stocks and are held to the fiduciary standard of a reasonably prudent person.
Recent financial analysis shows that the City is today mostly dependent upon its General Fund to support and fund cemetery maintenance and expansion; the trust only yields a diminishing share of annual maintenance funding. For this reason, it is deemed desirable to give the Trustees more liberal investment powers, to be exercised under the guidance of a professional investment manager, in order to attain greater income yields. Also, this amendment updates the fiduciary standard for trustees to conform to the 2010 Georgia Trust
4272
MUNICIPAL HOME RULE ORDINANCES
Code, which compares the Trustee's actions to those of other of trustees of similar trusts rather than that of the reasonably prudent person. While increasing the investment powers of the Trustees, the Board of Commissioners remains confident the fiduciary obligation on the Trustees is an appropriate standard to provide the accountability expected.
COMMISSION ACTION ON THE PROPOSED HOME RULE ORDINANCE WILL BE AT CONSECUTIVE REGULAR MEETINGS TO BE HELD APRIL 11 AND APRIL 25, 2017. BOTH MEETINGS WILL BE HELD AT 6:00 P.M. IN THE W. ELMER GEORGE MUNICIPAL HALL, 2d FLOOR, ONE GRIFFIN CENTER, 100 S. HILL STREET, GRIFFIN, GA.
IT IS THE POLICY OF THE CITY OF GRIFFIN TO ENSURE THAT COMMUNICATIONS WITH PARTICIPANTS AND MEMBERS OF THE PUBLIC WITH DISABILITIES ARE AS EFFECTIVE AS COMMUNICATIONS WITH OTHERS. THE CITY WILL MAKE REASONABLE ACCOMMODATIONS WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN, AND ENJOY THE BENEFITS OF, ANY PROGRAM, SERVICE, OR ACTIVITY CONDUCTED BY THE CITY, INCLUDING ITS PUBLIC MEETINGS. PERSONS DESIRING ACCOMMODATION SHOULD CONTACT ADA COORDINATOR MILES NEVILLE, AT (770) 233-2923 AS FAR IN ADVANCE OF THE MEETING AS POSSIBLE.
A COPY OF THE PROPOSED CHARTER AMENDMENT IS ON FILE IN THE OFFICE OF THE CITY MANAGER/SECRETARY TO THE BOARD OF COMMISSIONERS, 3d FLOOR, ONE GRIFFIN CENTER, 100 S. HILL STREET, GRIFFIN, GEORGIA, AND IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, SPALDING COUNTY COURTHOUSE, EAST SOLOMON STREET, GRIFFIN, GEORGIA, FOR INSPECTION AND COPYING DURING REGULAR BUSINESS HOURS. UPON WRITTEN REQUEST, THE CITY MANAGER WILL PROVIDE ANYONE A COPY OF THE PROPOSED CHARTER AMENDMENT, WITHOUT CHARGE. A COPY OF THIS SYNOPSIS WILL BE PUBLISHED, AS REQUIRED BY O.C.G.A. 36-35-3(b)(1), AS A DISPLAY AD IN THE GRIFFIN DAILY NEWS EDITIONS OF MARCH 31, APRIL 7 AND APRIL 14, 2017. IN ADDITION, THIS SYNOPSIS SHALL BE POSTED ON THE CITY'S OFFICIAL BULLETIN BOARD, 2d FLOOR, ONE GRIFFIN CENTER, AND ON ITS WEBSITE, www.cityofgriffin.com. PERSONS DESIRING FURTHER INFORMATION MAY CALL TERESA WATSON AT (770) 229-6408.
GEORGIA LAWS 2018 SESSION
Filed in the Office of the Secretary of State May 4, 2017. __________
4273
CITY OF LAKE CITY MUNICIPAL JUDGES.
STATE OF GEORGIA
CITY OF LAKE CITY
ORDINANCE NO. 2017-03
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF LAKE CITY BY REVISING SECTION 4.11 ("CHIEF JUDGE; ASSOCIATE JUDGE") OF ARTICLE IV ("JUDICIAL BRANCH") THEREIN; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.
WHEREAS, the duly elected governing authority of the City of Lake City, Georgia (hereinafter the "City") is the Mayor and Council thereof; and
WHEREAS, House Bill 691 was passed by the State of Georgia in 2016; and
WHEREAS, House Bill 691 amends Article I of Chapter 32 of Title 36 of the Official Code of Georgia; and
WHEREAS, Article I of said Title and Chapter regulates municipal courts, including but not limited to the appointment and removal of municipal judges; and
WHEREAS, prior to the passage of House Bill 691, Section 36-32-2 of said Article, Title and Chapter provided, that municipal judges served at the pleasure of the municipality's governing authority; and
WHEREAS, House Bill 691 amends Section 36-32-2 of said Article, Title and Chapter to provide that municipal court judges shall serve definite terms and are removable only for cause; and
4274
MUNICIPAL HOME RULE ORDINANCES
WHEREAS, the City desires to amend its Charter by Home Rule Ordinance; and
WHEREAS, a synopsis of this Ordinance has been advertised once per week for three (3) weeks within sixty (60) days preceding the final adoption of this Ordinance, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia; and
WHEREAS, a synopsis of the Ordinance was advertised in the Clayton County Daily News newspaper on April 19, 2017; April 26, 2017; and May 3, 2017; and
WHEREAS, the notice of the adoption of this Ordinance provided that a copy of the proposed ordinance was available for inspection in the Office of the City Clerk of Lake City and the Office of the Clayton County Superior Court Clerk, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia, and a copy of the proposed ordinance was placed in said locations; and
WHEREAS, this Ordinance has been considered at two (2) consecutive public meetings, no less than seven (7) and no more than sixty (60) days apart, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia; and
WHEREAS, this Ordinance was considered at public meetings held on May 8, 2017 and June 12, 2017; and
WHEREAS, the amendments contained herein would benefit the health, safety, morals, and welfare of the citizens of the City.
BE IT AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF LAKE CITY, GEORGIA THAT, and by the authority thereof:
Section One. Section 4.11 ("Chief judge, associate judge") of Article IV ("Judicial Branch"), of the Charter of the City of Lake City, Georgia is hereby amended by deleting the existing text and inserting the following text, to read and to be codified as follows:
"Sec. 4.11. Municipal Judges
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or acting judges as shall be provided by ordinance.
GEORGIA LAWS 2018 SESSION
4275
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she has met all requirements imposed by state law.
(c) All judges shall be appointed by mayor and city council pursuant to the method of selection established by ordinance.
(d) Compensation of the judges shall be fixed by ordinance or resolution of mayor and city council.
(e) The appointment of any judge to the municipal court shall be of a term of no less than one (1) year. The length of such term shall be established by ordinance, resolution, or written agreement between the judge, and the mayor and/or city council.
(f) Notwithstanding the duration of the term of the judge, he or she may be removed from office. Such removal shall occur as authorized by state law.
(g) Notwithstanding the duration of the term of the judge, unless he or she is removed from office or he or she has resigned, he or she shall serve until mayor and city council appoint a successor.
(h) Before assuming office, each judge shall take an oath, given by the mayor, that he or she will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this Charter."
Section Two. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein.
Section Three. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City.
Section Four. (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable, and constitutional.
4276
MUNICIPAL HOME RULE ORDINANCES
(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.
Section Five. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.
Section Six. The effective date of this Ordinance shall be the date of adoption unless otherwise stated herein.
ORDAINED this 12th day of June, 2017.
CITY OF LAKE CITY, GEORGIA s/ JOHN B. SOWELL Mayor Pro-Tem
ATTEST:
s/ ERIC BECKMAN Eric Beckman, City Clerk
APPROVED BY:
s/ JOHN T. O'NEAL John T. O'Neal, City Attorney
GEORGIA LAWS 2018 SESSION PUBLISHER'S AFFIDAVIT
4277
STATE OF GEORGIA COUNTY OF CLAYTON
Personally appeared before the undersigned, a notary public within and for said county and state, Robert D. McCray, Vice President of SCNI, which publishes the Clayton News, published at Jonesboro, County of Clayton, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of
Ad No.: 482428 Name and File No.: PROPOSED CHARTER AMENDMENT a true copy of which is hereto attached, was published in said newspaper on the following date(s): 04/19/17 Wed 04/26/17 Wed 05/03/17 Wed
s/ ROBERT D. MCCRAY Robert D. McCray, SCNI Vice President of Sales and Marketing
s/ TINA PETHEL By Tina Pethel SCNI Controller
Sworn and subscribed before me 06/16/17
s/ KATHY B. STEPHENS Notary Public [SEAL] My commission expires June 23, 2018
4278
MUNICIPAL HOME RULE ORDINANCES
CITY OF LAKE CITY PUBLIC NOTICE
PROPOSED CHARTER AMENDMENT
The Mayor and Council of the City of Lake City, at their May 8, 2017 and June 12, 2017 regular meetings, will consider and hold public hearings regarding an ordinance to amend the City's Charter. The ordinance will amend certain provisions within Article IV of the City's Charter regarding municipal judges. Copies of the proposed charter amendment will be available for examination and inspection with the clerk of the Clayton County Superior Court and the City Clerk of Lake City. All concerned citizens are invited to the public hearings, which will be held at the City Hall of Lake City located at 5455 Jonesboro Road, Lake City, Georgia 30260 at 7:00 p.m.
Eric Beckman City Clerk
Filed in the Office of the Secretary of State June 21, 2017. __________
CITY OF JONESBORO CITY MANAGER; POWERS, DUTIES, APPOINTMENT, AND COMPENSATION.
STATE OF GEORGIA CITY OF JONESBORO
ORDINANCE NO. 2017-08
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF JONESBORO, GEORGIA BY AMENDING SECTIONS 3.10 AND 3.17 OF ARTICLE III ("ADMINISTRATIVE AFFAIRS"); TO AMEND SECTIONS 2-91, 2-1, 2-292, 32-3, AND 32-4 OF THE CODE OF ORDINANCES, CITY OF JONESBORO, GEORGIA; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.
GEORGIA LAWS 2018 SESSION
4279
WHEREAS, the duly elected governing authority of the City of Jonesboro, Georgia (hereinafter the "City") is the Mayor and Council thereof; and
WHEREAS, the City deems it in the best interest of the City to establish the office of City Manager and to assign to such office the duties specified in this ordinance; and
WHEREAS, the City desires to amend its Charter by home rule ordinance; and
WHEREAS, a synopsis of this Ordinance has been advertised once per week for three (3) weeks within sixty (60) days preceding the final adoption of this Ordinance, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia; and
WHEREAS, a synopsis of the Ordinance was advertised in the Clayton News Daily on May 17, 2017; May 24, 2017; and May 31, 2017.
WHEREAS, the notice of the adoption of this Ordinance povided that a copy of the proposed ordnance was available for inspection in the Office of the Jonesboro City Clerk and the Office of the Clayton County Superior Court Clerk, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia, and a copy of the proposed ordinance was placed in said locations; and
WHEREAS, this Ordinance has been considered at two (2) consecutive public meetings, no less than seven (7) and no more than sixty (60) days apart, in accordance with Section 36-35-3(b)(1) of the Official Code of Georgia; and
WHEREAS, this Ordinance was considered at public meetings held on June 5, 2017 and June 12, 2017; and
WHEREAS, the amendments contained herein would benefit the health, safety, morals, and welfare of the citizens of the City of Jonesboro.
BE IT AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL THE CITY OF JONESBORO, GEORGIA THAT, and by the authority thereof:
Section One. Subsections (b), (c), (f), and (g) of Section 3.10 of Article III ("Administrative Affairs") of the Charter of the City of Jonesboro, Georgia is hereby amended by deleting the
4280
MUNICIPAL HOME RULE ORDINANCES
existing text and inserting the following text in lieu thereof, to read and to be codified as follows:
"(b) The mayor is hereby authorized and empowered to nominate for appointment and the City Council is hereby authorized and empowered to confirm the mayor's appointment annually, and for the term of one year, unless sooner discharged or as otherwise provided by Georgia statute setting another term, directors of city departments, with the exception of the city manager, and the following officers, who may or may not serve as directors of city departments: a chief of police and police officers, a building inspector, a code enforcement officer, a municipal court judge, a solicitor, and other officers that the city creates by ordinance."
"(c) Directors of departments, with the exception of the city manager, are also officers. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his department."
"(f) Except as otherwise provided by law, all officers shall be suspended or dismissed by either the city manager, the mayor, or the city council, without cause, and without rights to an appeal."
"(g) Other employees shall be hired and removed by their supervisors. Such removals are subject to appeal to the mayor or the city manager. The grounds for such appeals are limited to factual errors, removal due to personal or political reasons, and unlawful discrimination prohibited by state and federal law. The mayor's or the city manager's decision on such appeals is subject to review by a writ of certiorari in the Superior Court of Clayton County."
Section Two. Reserved Section 3.17 of Article III ("Administrative Affairs") of the Charter of the City of Jonesboro, Georgia is hereby amended by deleting the existing text and inserting the following text in lieu thereof to read and to be codified as follows:
"Sec. 3.17. - City manager; appointment; compensation; duties.
(a) The mayor shall nominate with the confirmation of the City Council a city manager. The city manager shall be appointed solely on the basis of his/her executive and administrative qualifications.
GEORGIA LAWS 2018 SESSION
4281
(b) The City Council shall have the authority to contract with the city manager to serve for a definite period of time, and shall fix his/her compensation and benefits. (c) In the event the City Council determines that the city will exercise its authority to contract for the services of a city manager as authorized above, no such contract shall be executed within forty-five (45) days prior to a city general election of any year in which the city holds a general election for purposes of electing a mayor or councilpersons. (d) The city manager shall be suspended or dismissed by either the mayor or a majority vote of the city council, without cause, and without rights to an appeal. (e) The city manager shall be the chief administrative officer of the city, and he/she shall serve as the director of the Administration Department. He/she shall be responsible to the City Council for the administration of all city affairs placed in his/her charge by or under this charter and ordinances of the city. He/she shall have the following powers and duties:
(1) He/she shall recommend for nomination by the mayor appointment of officers and directors of departments. Except as otherwise provided by law or ordinances of the city, he/she shall suspend or remove officers and directors of departments. He/she may authorize any director of a department to exercise these powers with respect to subordinates in that officer's department. (2) He/she shall supervise the administration of all departments of the city, except as otherwise provided by this charter or by law. (3) He/she shall attend all city council meetings and shall have the right to take part in discussion but he/she may not vote. (4) He/she shall see that all laws, provisions of this charter, and acts of the City Council, subject to enforcement by him/her or by officers subject to his/her direction and supervisions, are faithfully executed. (5) He/she shall prepare with the Mayor and submit all annual operating budgets to the City Council. (6) He/she shall submit to the City Council and make available to the public a complete report on the finances and administrative activities of the city at the end of each fiscal year. (7) He/she shall make such other reports as the City Council may require concerning the operations of the city departments, offices and agencies subject to his/her direction and supervision. (8) He/she shall keep the City Council fully advised as to the financial condition and future needs of the city and make such recommendations to the city council concerning the affairs of the city as he deems desirable.
4282
MUNICIPAL HOME RULE ORDINANCES
(9) In the absence of another appointee, he/she shall serve as the purchasing agent for the city. (10) He/she shall perform such other duties as are specified in this charter or as may be required by the City Council."
Section Three. Section 2-91 ("Departments established") of Article III ("Officers and Employees") of Chapter 2 ("Administration") of the Code of Ordinances, City of Jonesboro, Georgia is hereby amended by deleting the existing text and inserting the following text in lieu thereof, to read and to be codified as follows:
(a) "The following departments are established in the city: (1) Administration. (2) Police. (3) Public works. (4) Reserved.
(b) The directors of departments shall be answerable to the city manager."
Section Four. Subsections (c), (d), and (e) of Section 2-1 ("Records management") of Article I ("In General") of Chapter 2 ("Administration") of the Code of Ordinances, City of Jonesboro, Georgia is hereby amended by deleting the existing text and inserting the following text in lieu thereof, to read and to be codified as follows:
(c) "Open records officer designated. The city manager is hereby designated as the city's open records officer with respect to all Open Records Act requests submitted to the city." (d) "Requests for records. All Open Records Act requests to the city shall be made to the city manager. All written requests for records shall be submitted to the city manager's official city-provided e-mail or fax number. Records requests may alternatively be submitted to the city manager electronically through the city's website; as such service may be made available by the city from time to time." (e) "City manager exclusive open records of officer. The city manager may assign one or more city employee to assist him/her with responding to record requests under this section. Under no circumstance, however, shall the assignment of such employee exempt a requester from the requirement under this section to submit all records requests to the city manager as set forth herein."
GEORGIA LAWS 2018 SESSION
4283
Section Five. Section 2-292 ("Membership, terms and quorum") of Division I ("Beautification Commission") of Article VIII ("Boards, Commissions, and Authorities") of Chapter 2 ("Administration") of the Code of Ordinances, City of Jonesboro, Georgia is hereby amended by deleting the existing text and inserting the following text in lieu thereof, to read and to be codified as follows:
"There shall be seven members of the beautification commission. The city council shall appoint by resolution members of the beautification commission. The following standards are applicable:
(1) Each member shall be a taxpayer residing in the city or an owner or operator of a business located within the county. (2) The city's code enforcement officer shall also be a member. (3) After service of their initial terms, as set forth by resolution, members shall serve terms of four years until their successors are appointed and sworn. (4) A majority of active members shall constitute a quorum.
On an advisory level, the city manager and/or mayor shall serve as liaison to the city council and shall provide reports, recommendations, and information to the beautification commission, as necessary.
Members of the beautification commission shall receive no compensation for the performance of their duties."
Section Six. Section 32-3 ("Enterprise zone established; criteria of state met") of Chapter 32 ("Enterprise Zone") of the Code of Ordinances, City of Jonesboro, Georgia is hereby amended by deleting the existing text and inserting the following text in lieu thereof, to read and to be codified as follows:
"There is hereby created and established a geographic area known as the Jonesboro Enterprise Zone as herein described in Exhibit A, a copy of which is hereby incorporated by reference, in compliance with O.C.G.A. 36-88-1, et seq. Exhibit A is maintained in the office of the city manager and is available for inspection during normal business hours. Based on findings of fact in section 32-2 above, the enterprise zone meets the following qualifications of the Enterprise Zone Act: pervasive property, general distress, and general blight."
4284
MUNICIPAL HOME RULE ORDINANCES
Section Seven. Subsection (b) of Section 32-4 ("Administration") of Chapter 32 ("Enterprise Zone") of the Code of Ordinances, City of Jonesboro, Georgia is hereby amended by deleting the existing text and inserting the following text in lieu thereof, to read and to be codified as follows:
"(b) The city designates its city manager or his or her designee as the liaison for its communication with the Georgia Department of Community Affairs, the Georgia Department of Industry, Trade, and Tourism, the business community, and all others to oversee enterprise zone activities and administration."
Section Eight. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein.
Section Nine. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City.
Section Ten. (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.
(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.
GEORGIA LAWS 2018 SESSION
4285
Section Eleven. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.
Section Twelve. The effective date of this Ordinance shall be the date of adoption unless otherwise stated herein.
ORDAINED this 12th day of June, 2017.
CITY OF JONESBORO, GEORGIA
ATTEST:
s/ JOY B. DAY JOY DAY, Mayor
s/ RICKY L. CLARK, JR. RICKY L. CLARK, JR., City Administrator (Seal)
APPROVED BY:
s/ STEVE FINCHER CITY ATTORNEY
Clayton News PUBLISHER'S AFFIDAVIT
State of Georgia County of Clayton
Personally appeared before the undersigned, Dawn Ward who after being first duly sworn states that he/she is the Legal Advertising Clerk, for the Clayton News, official legal organ of Clayton County, Georgia, and that upon his/her own personal knowledge knows that the advertisement, a true copy of which is hereto annexed, was published in said newspaper of general circulation on the following dates:
05/17/2017
4286
MUNICIPAL HOME RULE ORDINANCES
s/ DAWN WARD Affiant
Sworn to and subscribed before me this the 7th day of July, 2017.
Signed s/ TINA PARTRIDGE Notary Public My commission expires ________________ [SEAL]
CITY OF JONESBORO PUBLIC NOTICE
PROPOSED CHARTER AMENDMENT
The City of Jonesboro Mayor and Council, at their June 5, 2017 Work Session and their June 12, 2017 Regular Meeting, will consider and hold public hearings regarding an ordinance to amend the City's charter. The ordinance will amend certain provisions within Article III of the City's charter regarding appointment, compensation, powers, and duties of the city manager. Copies of the proposed charter amendment will be available for examination and inspection with the clerk of the Clayton County Superior Court and the Jonesboro City Clerk. All concerned citizens are invited to the public hearings, which will be located at the Jonesboro Police Department - 170 S. Main Street Jonesboro, Georgia at 6:00 p.m.
Ricky L. Clark, Jr. City Administrator
Filed in the Office of the Secretary of State July 11, 2017. __________
GEORGIA LAWS 2018 SESSION CITY OF BROOKLET ADVERTISING AND PROMOTIONS.
4287
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF BROOKLET TO PROVIDE FOR THE ADVERTISING AND PROMOTION OF THE
ADVANTAGES OF THE CITY, TO ENCOURAGE AND PROMOTE TOURISM AND POSITIVE EXPOSURE FOR THE CITY OF BROOKLET, AND TO APPROPRIATE FUNDS FOR SUCH PURPOSES
PREAMBLE
The City of Brooklet, a municipal corporation of the State of Georgia (the "City"), operates pursuant to the Constitution and Laws of the State of Georgia and its Charter, approved the 17th day of May, 2004 (Ga. L. 2004, p. 3989), as amended. The City has now determined that it is necessary to make certain amendments to its Charter pursuant to its home rule powers granted pursuant to Article IX, Section II, Paragraph II of the Constitution of the State of Georgia and O.C.G.A. 36-35-1 through 36-35-7.
NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Brooklet, and it is hereby ordained by authority of the same, as follows:
Section 1: The Charter of the City of Brooklet, which was established by an Act creating a new Charter for the City of Brooklet, Georgia, approved on the 17th day of May, 2004 (Ga. L. 2004, p. 3989), as amended, is hereby amended as follows:
By adding a paragraph 40 to Section 1-4 of said Charter as follows:
(40) Advertising and Promotion of City: To advertise and promote the advantages of the City, and to encourage and promote tourism and positive exposure for the City, in such manner that shall be determined by the Mayor and Council of the City, including, but not limited to, the promotion and sponsorship of festivals and parades within the City, and to appropriate funds for such purposes.
Section 2: All portions of the Charter or amendments thereto, and all ordinances and parts of ordinances, in conflict herewith, are hereby repealed.
4288
MUNICIPAL HOME RULE ORDINANCES
Section 3: If any part of this ordinance shall be declared void, it is the intent and purpose hereof that all other provisions not so declared void shall remain in full force and effect.
Section 4: The Clerk of the City is hereby authorized and directed to cause a notice, a copy of which is attached hereto as Exhibit "A", and hereby incorporated by reference, to be published in the Statesboro Herald, the official newspaper in which sheriff's advertisements are published in Bulloch County, Georgia, in which the City is located, once a week for three (3) weeks, within a period of sixty (60) days immediately preceding the date of the final adoption of this ordinance. The Clerk of the City is also hereby authorized and directed to cause the publisher of the Statesboro Herald to execute an affidavit of such publication.
This ordinance was introduced and read at a meeting of Council of the City of Brooklet held on the 19th day of May, 2011, and read a second time, passed, and adopted in like meeting held on the 16th day of June, 2011.
This 16th day of June, 2011.
ATTEST:
BY: s/ JOE GROOME Mayor
(SEAL)
s/ LORI PROSSER Clerk
(SEAL)
CITY OF BROOKLET, GEORGIA
BULLOCH COUNTY
NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF BROOKLET, GEORGIA, BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"
Notice is hereby given that an ordinance will be introduced on the 19th day of May, 2011, and read for final adoption on the 16th day of June, 2011, to amend the Charter of the City of Brooklet, Georgia, which was created by an Act approved on the 17th day of May, 2004
GEORGIA LAWS 2018 SESSION
4289
(Ga. L. 2004, p. 3989), as amended, to provide for the advertising and promotion of the advantages of the City, to encourage and promote tourism and positive exposure for the City of Brooklet, and to appropriate funds for such purposes.
A copy of this proposed amendment to the Charter of the City of Brooklet, Georgia, is on file in the Office of the Clerk of the City of Brooklet, and is on file in the Office of the Clerk of the Superior Court of Bulloch County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
Three (3) Times
s/ LORI PROSSER City Clerk
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF GEORGIA COUNTY OF Bulloch
Personally appeared before me, the undersigned officer duly authorized by law to administer oaths, Stephanie Cook who, after duly sworn, states under oath, of his/her own personal knowledge, the following:
1.
My name is Stephanie Cook, I am over the age of 18, and I am competent to make this Affidavit. I make this Affidavit voluntarily based on my personal knowledge and information and I understand that this Affidavit may be used in connection with litigation, and for any other purpose allowed by law.
2.
I am employed by Statesboro Herald (the "Newspaper"), the legal organ of Bulloch County Georgia, as its legal representative.
4290
MUNICIPAL HOME RULE ORDINANCES 3.
The Newspaper published a Public Notice which ran on the following dates: May 18th, 25th, and June 1, 2011.
4.
These documents were produced and kept by Newspaper in the ordinary course of business, constitute business records of Newspaper, and I am a custodian of the documents.
I declare under penalty of perjury that the following is true and correct pursuant to 28 U.S.C. 1746.
6-1-17 DATE
s/ STEPHANIE COOK
Sworn to and subscribed before me this 1 day of June, 2017. [Affix Notary Seal]
s/ SHANNON WHITEHEAD Notary Public My Commission expires: [SEAL]
CITY OF BROOKLET GEORGIA BULLOCH COUNTY
NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF BROOKLET, GEORGIA, BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"
Notice is hereby given that an ordinance will be introduced on the 19th day of May, 2011 and read for final adoption on the 16th day of June, 2011, to amend the Charter of the City of Brooklet, Georgia, which was created by and Act approved on the 17th day of May, 2004, (Ga. L. 2004, p 3989), as amended, to provide for the advertising and promotion of the
GEORGIA LAWS 2018 SESSION
4291
advantages of the City to encourage and promote tourism and positive exposure for the City of Brooklet, and appropriate funds for such purposes.
A copy of the proposed amendment to the Charter of the City of Brooklet, Georgia, is on file in the Office of the Clerk of the City of Brooklet, Georgia, and is on file in the Office of the Clerk of Superior Court of Bulloch County , Georgia, for the purpose of examination and inspection by the public, all as required by law.
Lori Prosser City Clerk
Filed in the Office of the Secretary of State July 12, 2017. __________
CITY OF MARIETTA ELECTIONS; TERMS OF OFFICE.
LEGISTAR #: 20170491________ ORDINANCE NO.:_____________
AN ORDINANCE
AMENDING the Marietta City Charter Section 2.4 entitled Elections; Terms of Office, as attached to be effective upon the sitting of the Term of Council January 2026.
__________________________________
NOW THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF MARIETTA, GEORGIA, HEREBY ORDAINS:
Section 1. The Charter of the City of Marietta, Georgia is hereby amended pursuant to Chapter 35 of Title 36 of the Official Code of Georgia Annotated and O.C.G.A. 36-35-3 as well as any other applicable laws. This Ordinance is hereby adopted following the second public hearing and as follows: (a) The publication of notice in the local newspaper, as required by law; (b) The holding of two public hearings; (c) The filing of the Proposed Amendments with the Clerk of Superior Court and the Clerk for the City of Marietta, Georgia.
4292
MUNICIPAL HOME RULE ORDINANCES
Section 2. To amend Section 2.4 - Election; terms of office.
The present Mayor and Council Members of the city shall continue in office during the terms for which they were elected through December 31, 2017 at 11:59 p.m., and on the first Tuesday after the Monday in November, 2017, and, except as provided hereafter, every four (4) years on said day thereafter an election shall be held in said city for a Mayor and seven (7) Council Members.
Except as provided hereafter, the Mayor and the Council Members shall serve for terms of four (4) years and until their term ends on their respective successors are elected and qualified. Terms of office shall begin on the first day of January immediately following the date of election to office for all persons elected at regular elections (or runoff[s] to regular elections) and end on December 31 at 11:59 p.m. of the fourth year of the term. Once elected, the newly elected members for four (4) year terms may take the oath of office in December of the year in which they are elected, but shall not take office until January one as stated above.
Commencing with the election after the start of the term of Council beginning January 1, 2026 and thereafter, no Council Member elected or qualified for three (3) consecutive terms shall be eligible for the next succeeding term based upon previous elective service after January 1, 2018.
Commencing with the election after the start of the term of Council beginning January 1, 2026 and thereafter, no Mayor elected or qualified for three (3) consecutive terms shall be eligible for the next succeeding term based upon previous elective service after January 1, 2018. The limitation of three (3) consecutive terms shall not overlap or run concurrent between being a Council Member position and a Mayor as the term limit period is to the particular elected and are not to be combined.
No candidate shall be nominated for the office of Council Member or Mayor or elected to any such office in any election unless the candidate shall have received a majority of the votes cast to fill such nomination or office.
Certificates of election shall be recorded by the city clerk upon the book of minutes or other book kept for such purposes. The record aforesaid shall be evidence of the result of the said election and the authority of those elected to act.
They Mayor shall be elected by the voters of the entire city and each Council Member by the voters of the ward in which he or she offers as a candidate, and this shall apply to all general and special elections. In order to be elected as a Council Member from a ward, a candidate must receive a majority of the votes either in a special election or in the regular election in such ward. In the event no candidate receives the majority of the votes, a run-off
GEORGIA LAWS 2018 SESSION
4293
election shall be held between the two (2) candidates receiving the highest number of votes. Such run-off election shall be held two (2) weeks from the date of the regular election or a special election as the case may be.
Section 3. It is hereby declared to be the intention of this Ordinance that its sections, paragraphs, sentences, clauses and phrases are severable, and if any section, paragraph, sentence, clause or phrase of this Ordinance is declared to be unconstitutional or invalid, it shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases of this Ordinance.
Section 4. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.
Section 5. This Ordinance shall become effective upon the signature or without the signature of the Mayor subject to Georgia laws 1983, Page 4119.
SECOND READING
VOTES FOR: 6
VOTES AGAINST: 1
DATE: July 12, 2017
APPROVED:
ATTEST:
______________________________________ Steve Tumlin, MAYOR
______________________________ Stephanie Guy, CITY CLERK
Approved as to Form:
s/ DOUGLAS R. HAYNIE Douglas R. Haynie City Attorney
4294
MUNICIPAL HOME RULE ORDINANCES City of Marietta
Motion Signature
________________________________________________________________________ ____ File Number: 20170491
Motion to Approve Amendment to Section 2.4 of the Charter of the City of Marietta
Motion to approve Amendment to City of Marietta Charter Section 2.4.
Date July 12, 2017
s/ R. STEVE TUMLIN, JR. R. Steve Tumlin, Jr., Mayor
Attest:
s/ STEPHANIE GUY Stephanie Guy, City Clerk
Approved as to form:
By: s/ DOUGLAS R. HAYNIE Douglas R. Haynie, City Attorney
NOTICE TO SECRETARY OF STATE OF THE STATE OF GEORGIA NOTICE OF PUBLIC HEARINGS
CITY OF MARIETTA CHARTER AMENDMENT CONSIDERATION OF AMENDMENT TO
SECTION 2.4 ENTITLED ELECTIONS; TERMS OF OFFICE
You are hereby notified that the City of Marietta will conduct two public hearings on amending its Elections; Terms of Office in compliance with state laws. The public hearings will be held during regular City Council meetings on June 14, 2017 and July 12, 2017 in the
GEORGIA LAWS 2018 SESSION
4295
Council Chambers in the Marietta City Hall at 205 Lawrence Stree6t, Marietta, Georgia, 30060. Public hearings will be held in conjunction with the consideration of the amendment of the Elections; Terms of Office. The public is welcome to attend and comment. The full text of the proposed amendments are on file with the Clerk of the City of Marietta.
Attached hereto are copies of the notices to the public (legal ads) and the proposed ordinance.
This 26th day of May, 2017.
By: /s/ DOUGLAS R. HAYNIE Douglas R. Haynie City Attorney for the City of Marietta
NOTICE OF FILING OF DOCUMENTS WITH
CLERK OF SUPERIOR COURT OF COBB COUNTY, GEORGIA
AMENDMENT OF MUNICIPAL CHARTER
OF
CITY OF MARIETTA, GEORGIA
TO: Clerk, Superior Court of Cobb County, Georgia
WHEREAS, the City of Marietta, pursuant to Chapter 35 of Title 36 of the Official Code of Georgia Annotated and O.C.G.A. 36-35-3, will conduct two public hearings on June 14, 2017 and July 12, 2017 on the issue of whether or not to amend Section 2.4 of its Municipal Charter to alter Elections; Terms of Office, per attached,
WHEREAS, Georgia law requires that the proposed amendment be filed with this office,
NOW THEREFORE, the City of Marietta hereby files with this office the following documentation:
4296
MUNICIPAL HOME RULE ORDINANCES
1. Copy of proposed Ordinance amending the City Charter of Marietta, Georgia; 2. Copy of newspaper advertisement
Please be advised that public hearings will be held on this proposed amendment on June 14, 2017 and July 12, 2017, both at 7:00 o'clock p.m. in Council Chambers for the City of Marietta, Georgia.
This 26th day of May, 2017.
Respectfully submitted,
s/ DOUGLAS R. HAYNIE Douglas R. Haynie State Bar No. 340800 City Attorney for the City of Marietta, Georgia
HAYNIE, LITCHFIELD, CRANE & WHITE, P.C. 222 Washington Avenue Marietta, Georgia 30060 (770) 422-8900
PUBLISHER'S AFFIDVAIT
STATE OF GEORGIA - County of Cobb
Before me, the undersigned; a Notary Public, this day personally came Otis Brumby III, who, being duly sworn, according to law, says that he is the Publisher of Times Journal, Inc., publishers of the Marietta Daily Journal, official newspaper published in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on 30 day of June, 2017 and 7 day of July, 2017 as provided by law.
s/ OTIS BRUMBY III
GEORGIA LAWS 2018 SESSION Subscribed and sworn to before me this 7 day of July, 2017.
4297
s/ MIMI MITCHELL Notary Public My commission expires 3/21/2020 (SEAL)
M-5678 NOTICE OF PUBLIC HEARINGS CITY OF MARIETTA CHARTER AMENDMENT
CONSIDERATION OF AMENDMENT TO SECTION 2.4 ENTITLED ELECTIONS; TERMS OF
OFFICE
Please take notice that the second of two public hearings will be held before the Mayor and Council for the City of Marietta on July 12, 2017 at 7:00 p.m. at a regular meeting of the Mayor and Council located in the Council Chambers for the City of Marietta in the Marietta City Hall at 205 Lawrence Street, Marietta, Georgia, 30060. The Mayor and Council will consider whether or not to amend Section 2.4 entitled Elections; Terms of Office, effective January, 2026.
Douglas R. Haynie City Attorney for the City of Marietta
Filed in the Office of the Secretary of State July 20, 2017. __________
4298
MUNICIPAL HOME RULE ORDINANCES CITY OF WARNER ROBINS - UNASSIGNED FUND BALANCE.
No. 46-17 CITY OF WARNER ROBINS STATE OF GEORGIA
ORDINANCE
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF WARNER ROBINS, GEORGIA, AMENDING PART 5 OF THE CITY CHARTER REGARDING FINANCE AND FISCAL, AND FOR OTHER PURPOSES.
WHEREAS, the Official Code of Georgia Annotated 36-35-3 authorizes certain amendments to municipal charters under the method commonly known as "home rule;" and
WHEREAS, a resolution adopted by the Mayor and Council on July 17, 2017 directed staff to initiate the process to amend the city charter as provided herein; and
WHEREAS, notice of this proposed amendment was duly advertised in The Houston Home Journal, the official organ of Houston County, Georgia, as required by the said state law.
NOW, THEREFORE, BE IT ORDAINED that the Mayor and Council of the City of Warner Robins hereby amend the city charter as follows:
-1-
Sec. 5-304(8) shall be repealed in its entirety and the following inserted in lieu thereof:
"The city shall maintain as an ending unassigned fund balance for its general fund of at least four (4) months of its prior fiscal year's actual amounts budgetary basis operating expenditures of it general fund as reflected in the City's most recent annual audit report's statement of "Budgetary Comparison Schedule-General Fund." In the event that governmental accounting standards change which eliminates the inclusion of the "Budgetary Comparison Schedule - General Fund", a statement of similar nature should be used in its place."
GEORGIA LAWS 2018 SESSION -2-
4299
If any ordinance, or part thereof, of the City of Warner Robins is in conflict herewith, this ordinance shall have preference. If any provisions of this ordinance are held invalid, such invalidity shall not affect any of the other provisions which can be given effect without the invalid provision, and, to this end, the provisions of this ordinance are declared to be severable.
BE IT FURTHER ORDAINED that this ordinance was adopted on August 21, 2017 and shall become effective upon final adoption on September 5, 2017.
CITY OF WARNER ROBINS, GEORGIA
Attest:
By: s/ RANDY TOMS Randy Toms, Mayor
s/ WILLIAM G. HARTE William G. Harte, City Clerk
Georgia, Houston County
Personally appeared before me this date, Cheri M. Adams, Publisher of Houston Home Journal, Perry, Georgia, the Official Legal Organ of Houston County, Georgia who certifies that the Legal Notice
Miscellaneous
was published in Houston Home Journal on the following dates:
7/26/2017 8/02/2017 8/09/2017
4300
MUNICIPAL HOME RULE ORDINANCES
This August 9, 2017
s/ CHERI M. ADAMS Cheri M. Adams
Publisher of the Houston Home Journal Perry, GA 31069
Sworn and subscribed before me this August 9, 2017 (SEAL)
s/ KERRI WRIGHT Kerri Wright Notary Public, Houston County
My Commission expires November 23, 2018
NOTICE
As required by Official Code of Georgia Annotated Sec. 36-35-3, notice is hereby given that the Mayor and Council of the City of Warner Robins will consider, during the months of August and September, 2017, adoption of an ordinance amending the city charter to increase the required maintenance of unassigned general fund balance amount from two and one-half (2 1/2) to four (4) months of operating expenditures as reflected in the city's recent annual audit report.
Copies of the proposed ordinance are available for examination and inspection by the public in the office of the city clerk of Warner Robins at city hall, 700 Watson Boulevard, Warner Robins, Georgia, and in the office of the Clerk of the Houston Superior Court at the Houston County courthouse, 201 West Perry Parkway, Perry, Georgia.
Any questions should be directed to the Warner Robins city attorney's office at 478-302-5436.
GEORGIA LAWS 2018 SESSION
Filed in the Office of the Secretary of State October 19, 2017. __________
4301
CITY OF ALBANY MUNICIPAL COURT; FINES.
AN ORDINANCE ENTITLED
17-113
AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF TITLE 36, CHAPTER 35 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING SECTION 24(1) OF THE CITY CHARTER SO AS TO PROVIDE FOR A MAXIMUM FINE OF $1,000; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia and it is hereby ordained by authority of same:
SECTION 1. Section 24(l) of the City Charter is amended so as to provide for a maximum fine of $1,000, and accordingly, Section 24(l) shall hereinafter read as follows:
Sec. 24. - Municipal court; officers; procedure, etc.
There shall be and there is hereby established in and for the City of Albany to be conducted in such manner, and at such time, except Sunday, as the board of city commissioners may prescribe, a city municipal court, in which court the mayor, or in the event that a city recorder [municipal court judge] is appointed by the board of city commissioners, then the recorder (municipal court judge], shall be the presiding officer. In case of the absence or disability of the presiding officer for any cause, any member of the board of city commissioners designated by the board, shall preside. The procedure in said court, with reference to the conduct and trial of cases therein, not in conflict with this section of the charter or the general law shall be prescribed by the board of city commissioners or by rule or order of the presiding officer thereof not in conflict with this charter or city ordinances on the subject, and the board of city commissioners shall have the power to provide by ordinance for the compulsory attendance of all persons violating any municipal ordinance before said municipal court, by summons or copy of charges, to answer the offense charged, and, when employed, such summons or copy of charges shall
4302
MUNICIPAL HOME RULE ORDINANCES
be issued as provided for subpoenas and shall contain a summary or simple statement of the offense charged, and disobedience of said summons or copy of charges shall be punished as provided for disobedience of subpoenas.
(1) Jurisdiction; authority to punish; extent of penalty, etc. Said municipal court shall have jurisdiction to try all offenders against the laws and ordinances of the city committed within the corporate limits or police jurisdiction thereof, and to punish persons convicted in said court of violating such laws and ordinances by a fine not to exceed $1,000.00 or by imprisonment in the guardhouse, city prison or other place provided, or by compulsory labor on the streets or other public works, or city chain gang not to exceed 180 days, and either one or more of said punishments may be cumulative, or both, or the fine may be imposed with an alternative of such imprisonment or compulsory labor or coerced or enforced by said punishment or labor; provided, that the punishments, within the limits prescribed, shall only be imposed by said court in the amount and manner prescribed by the penal ordinances of said city, but in the event no penalty is provided for the doing of which is made unlawful by ordinances, the court shall have the power to proceed to impose the punishments as herein enumerated; provided further, that for violations of the Sewer and Pretreatment Ordinance of the City of Albany the maximum amount of a fine shall be $1,000.00 for each offense. The jurisdiction of said municipal court shall further extend to the investigation of any charge involving or amounting to a violation of the penal laws of Georgia, when such charge is entered upon the docket of said court and when the offense is alleged to have been committed within the corporate or police limits of the city, and provided such charges are made in writing and verified to the best of the knowledge and belief of the person making the same.
SECTION 2. Pursuant to the provisions of 36-35-3 of the Official Code of Georgia Annotated, this Ordinance shall become effectively immediately upon its adoption by the Board of Commissioners of the City of Albany, Georgia at two regularly scheduled consecutive meetings and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended.
SECTION 3. All Ordinances, or parts of Ordinances, and all Charter provisions, or parts of Charter provisions, in conflict herewith are repealed.
s/ DOROTHY HUBBARD MAYOR
ATTEST:
GEORGIA LAWS 2018 SESSION
4303
s/ SONJA TOLBERT CITY CLERK
First Reading: Adopted:
September 26, 2017 October 10, 2017
Introduced By Commissioner: s/ BOB LANGSTAFF, JR Date(s) read: Sept 26 & Oct 10, 2017
I do hereby certify that this is a true and correct copy.
s/ SONJA TOLBERT 10/27/17
City Clark
Date
Albany, GA
Affidavit of Publication
Georgia, Dougherty County
Personally, appeared before the undersigned, an officer, authorized to administer oaths, Latoya Hill, who being sworn, says that she is an Employee with The Albany Herald Publishing Inc. a corporation with principle offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty, Early, Clay, Calhoun, Mitchell, Decatur, Baker, Worth, Lee, Terrell, Miller, Randolph, Turner, Sumter and Seminole counties, and that the ad for
Notice of Charter Amendment SERVICE BY PUBLICATION, a True Copy of which is affixed hereto, was published in the Albany Herald in all its editions for 10/4, 10, 17 2017
s/ LATOYA HILL Latoya Hill
4304
MUNICIPAL HOME RULE ORDINANCES
Sworn to and subscribed before me at Albany, Georgia this 2 Day of Nov., 2017
s/ AMBER JEFFCOAT Notary Public [SEAL]
NOTICE OF INTENTION TO AMEND CHARTER OF THE CITY OF ALBANY, GEORGIA BY ORDINANCE PURSUANT TO THE PROVISIONS OF THAT ACT OF THE GENERAL ASSEMBLY KNOWN AS "THE MUNICIPAL HOME RULE ACT OF 1965"
Notice is hereby given that an ordinance was introduced on September 26, 2017, and will be read for final adoption on October 24, 2017, to amend the Charter of the City of Albany, Georgia, which was created by an act amended on August 18, 1923 (Ga. L 1923, p. 370), as amended, so as to provide for a maximum fine of $1,000.
A copy of this proposed amendment to the Charter of the City of Albany, Georgia is on file in the office of the Clerk of the City of Albany, and is on file in the office of the Clerk of the Superior Court of Dougherty County, Georgia, for the purpose of examination and inspection by the public, all as required by law.
This 3rd day of October, 2017.
201 W. Oglethorpe Blvd., Suite 355 Albany, GA 31701 229.431.2805 (office) 229.431.3206 (facsimile)
C. Nathan Davis City Attorney City of Albany, Georgia
Filed in the office of the Secretary of State November 9, 2017. __________
GEORGIA LAWS 2018 SESSION CITY OF PEMBROKE ORDINANCES.
4305
ORDINANCE NO. 2017-0 AN ORDINANCE TO AMEND THE CHARTER PERTAINING TO THE ADOPTION OF RESOLUTIONS
FOR THE CITY OF PEMBROKE, GEORGIA
WHEREAS, the duly elected governing authority for the City of Pembroke, Georgia, is authorized under Article 9, Section 2 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Pembroke, Georgia,
WHEREAS, the duly elected governing authority for the City of Pembroke, Georgia, is the Mayor and City Council thereof;
WHEREAS, the governing authority desires to adopt ordinances under its home rule powers, to amend its Charter to provide for adoption of resolutions through a single vote by City Council;
WHEREAS, the City of Pembroke desires to amend section Article III, Section 12(b) of the City's Charter; and,
NOW, THEREFORE, be it ordained by the governing authority of the City of Pembroke in open meeting that Article III, Section 12 of the City's Charter be amended so as to change Section 12. (b) to read as follows:
Section 12. (b) No Ordinance or other act of the city council having the effect of an ordinance shall be passed except at a regular meeting of the city council and not until said ordinance shall have been read at two consecutive regular meetings of said city council.
AND to add a Section 12. (c) as follows:
(c) Unless otherwise required by law, resolutions of City Council shall be passed at a meeting of city council following one reading and a majority vote of city council.
4306
MUNICIPAL HOME RULE ORDINANCES
It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Pembroke, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention.
This Ordinance shall become effective on the 1st day of November, 2017.
ADOPTED THIS 16th DAY OF OCTOBER, 2017.
ATTEST:
s/ JUDY B. COOK MAYOR
s/ SHARROLL FANSLAU CLERK OF COUNCIL
FIRST READING: 14 Aug 2017
SECOND READING:16th Oct 2017
ENACTED:
1 Nov 2017
AFFIDAVIT OF PUBLICATION
STATE OF GEORGIA COUNTY OF BRYAN
Personally appeared before me, the undersigned Notary Public, Kathryn Fox, who after being duly sworn stated under oath that she is the Business Manager of the BRYAN COUNTY NEWS, the official Legal Organ of Bryan County, newspaper published in the city of Hinesville, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in the Bryan County News on the following date(s): September 28, October 5, 12, 2017
s/ KATHRYN FOX Kathryn Fox Business Manager
GEORGIA LAWS 2018 SESSION
Sworn to and subscribed before me, This 12 day of October, 2017
4307
s/ ELLY MATTINGLY Notary Public Commission expires November 22, 2019 [SEAL]
CITY OF PEMBROKE CHARTER AMENDMENT
The City of Pembroke seeks to amend its municipal Charter to provide for adoption of resolutions, which do not have the effect of an ordinance, by a single reading and vote by city council, instead of two readings. The amendment will modify Art, III. Sec. 12(b) of the Charter and add a Sec. 12(c) to Article III of the Charter. A copy of the proposed amendment is on file in the office of the Clerk at Pembroke City Hall at 160 N. Main Street, Pembroke, Georgia 31321, and in the office of the clerk of the superior court of Bryan County, 201 S. College Street, Pembroke, Georgia for the purpose of examination and inspection by the public. The first reading of the Ordinance amending the Charter occurred during the City Council meeting on August 14, 2017 and the second reading of the Ordinance amending the Charter will occur during the City Council meeting on October 16, 2017.
Filed in the Office of the Secretary of State November 17, 2017. __________
CITY OF ATLANTA ATLANTA CITY DESIGN.
CITY COUNCIL ATLANTA, GEORGIA
17 0 1706 AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA BY COUNCILMEMBER(S):
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE
4308
MUNICIPAL HOME RULE ORDINANCES
MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. SECTION 36-35-1 ET SEQ., AS AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., BY AMENDING ARTICLE 3 (EXECUTIVE), CHAPTER 6 (PLANNING) TO INCLUDE THE ATLANTA CITY DESIGN AS SECTION 3-601; TO RENUMBER EXISTING SECTIONS WITHIN CHAPTER 6 AS SECTION 3-602 THROUGH 3-605; AND FOR OTHER PURPOSES.
WHEREAS, Article 3 (Executive) Chapter 6 (Planning) City of Atlanta Charter governs city planning; and
WHEREAS, Section 3-601 addresses comprehensive planning; Section 3-602 addressees five-year development plans; Section 3-603 addresses implementation, updating and revision of the comprehensive plan; Section 3-604 addresses program for human and economic development; and
WHEREAS, the above-listed sections will be re-codified as Sections 3-602, 3, 4 & 5 respectively, thereby making available Section 3-601 for codification of Atlanta City Design; and
WHEREAS, the Department of City Planning completed Atlanta City Designa design concept to make for effective planning, an exceptional public realm, higher quality architecture, flourishing nature and inclusive growth of Atlanta; and
WHEREAS, the City desires to amend the Charter to include Atlanta City Design as a concept for design of Atlanta that provides a framework for policies and plans, including but not limited to the Comprehensive Development Plan; and
WHEREAS, Atlanta City Design is available for public inspection www.atlcitydesign.com.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, as follows:
SECTION 1: The City of Atlanta Charter Article 6, Charter 3 Section 3-601 is hereby amended to read:
GEORGIA LAWS 2018 SESSION Section 3-601. - Atlanta City Design
4309
The mayor shall have a design for Atlanta to enable a sufficiently growing city so that people of all income ranges, generations. races, and educational levels can thrive as city residents. The design shall be based upon goals for population and employment growth for the City of Atlanta in the context of regional projections provided by the Atlanta Regional Commission. As a design, the Atlanta City Design is primarily a concept for the physical growth of the city to accommodate the desired population and employment. It is to be based upon the unique physical attributes of Atlanta and should accentuate these qualities for a growing city. Atlanta City Design is a concept for design of Atlanta that provides a framework for policies and plans including those outlined in Section 3-602, 3-603, and 3-604.
SECTION 2: The City of Atlanta Charter Article 6, Charter 3, Section 3-602 is hereby amended to read:
Section 3-602. - Comprehensive development plan.
The mayor shall have a comprehensive development plan of the City of Atlanta prepared and maintained to be used as a guide for the growth and development of the city and which will identify its present and planned physical, social, and economic development. This plan shall: (1) set forth the comprehensive development goals, policies, and objectives for both the entire city and for individual geographic areas and communities within the city and (2) in conformance with such development goals, objectives, and policies, identify the general location, character, and extent of streets and thoroughfares, parks, recreation facilities, sites for public buildings and structures, city and privately owned utilities, transportation systems and facilities, housing, community facilities, future land use for all classifications, and such other elements, features, and policies as will provide for the improvement of the city over the next 15 years.
SECTION 3. The City of Atlanta Charter Article 6 Charter 3, Section 3-603 is hereby amended to read:
Section 3-603. - Five-year development plans.
The mayor shall have a comprehensive five and 15-year development plait prepared which shall: (1) present a recommended generalized land use development pattern to guide the
4310
MUNICIPAL HOME RULE ORDINANCES
growth of the city over a succeeding five-year period and (2) include the city's specific development goals and objectives based upon existing and projected demographic and socioeconomic factors and public and private community facilities for the entire city and individual geographic areas and communities within the city, as related to the comprehensive development plan and to regional plans.
SECTION 4: The City of Atlanta Charter Article 6, Charter 3, Section 3-604 is hereby amended to read:
Section 3-604. - Implementation; updating and revision.
(a) Prior to the preparation of each comprehensive development plan, the mayor shall have hearings held in such manner, as the council shall prescribe by ordinance. The mayor shall submit to the council such plans that will include a 15-year and five-year comprehensive development plan, along with a comprehensive land use plan for all property within the city limits. These plans, updated each five years, shall be submitted to the council not later than its first regular meeting in May of the year in which the plan is updated. Beginning with the transmittal date of said plans to council, the general public shall be afforded a period of 45 consecutive days in which to review said plans. Subsequent to the expiration of the aforementioned 45-day period, the council shall conduct public hearings concerning such plans. Thereafter, the council shall adopt the comprehensive development plans, after making any amendments or revisions thereto that the council considers appropriate, but not later than the last regular council meeting in July of the year in which the plan is updated. Such plans shall become effective immediately upon adoption and approval of the authorizing legislation. (b) The approved comprehensive development plans shall be used as a guide for the preparation of the city's capital improvement program and capital budget. (c) The mayor shall maintain an up-to-date zoning map for all properties within the city limits. (d) Following the updating and adoption of the city's development plans, the council shall amend the city's zoning ordinance to conform with the updated development plans in accordance with procedures prescribed by general law. (e) Approved comprehensive development plans distributed to the public shall include a brochure or similar document containing the names, addresses, telephones numbers and facsimile numbers of appropriate city and county officers, as an appendix to the document, and such comprehensive development plans and appendices shall be provided to all
GEORGIA LAWS 2018 SESSION
4311
neighborhood planning units of the city within 30 days of the adoption of such comprehensive development plans.
SECTION 5: The City of Atlanta Charter Article 6, Charter 3. Section 3-605 is hereby created to read:
Section 3-601- Program for human and economic development.
Within one year after the effective date of this Charter, the mayor and city council shall provide an administrative mechanism with appropriate status and adequate budget to develop and implement a comprehensive program of human and economic development. The program shall be responsible for identifying and securing resources needed to address these problems and needs effectively. The program shall encourage efforts to enable, empower, and involve the disadvantaged; address the causes of crime; work to enhance the quality of life of all citizens; and help to ensure that the city government will be responsive to the needs of all citizens.
ADOPTED by the Atlanta City Council APPROVED as per City Charter Section 2-403
DEC 04, 2017 DEC 13, 2017
A true copy,
s/ RHONDA DAUPHIN JOHNSON Municipal Clerk
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF FULTON
Before me, the undersigned, a Notary Public, this day personally came the undersigned who, being duly sworn, according to law, says she is an agent of ALM Media, LLC., publishers of the Daily Report, the official newspaper published in Atlanta, GA, in said county and state, and that the publication, of which the annexed is a true copy, was published in said newspaper as provided by law on the following dates: 11/13/2017, 11/20/2017 and 11/27/2017.
4312 s/ S. HOLT
MUNICIPAL HOME RULE ORDINANCES
[SEAL]
s/ B.E. HAMMETT Subscribed and sworn to before me this November 27, 2017
PUBLIC NOTICE
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, amended, said Ordinance being captioned as follows: AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. SECTION 36-35-1, ET SEQ., AS AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., BY AMENDING ARTICLE 3 (EXECUTIVE), CHAPTER 6 (PLANNING) TO INCLUDE THE ATLANTA CITY DESIGN AS SECTION 3-601; TO RENUMBER EXISTING SECTIONS WITHIN CHAPTER 6 AS SECTION 3-602 THROUGH 3-605; AND FOR OTHER PURPOSES. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before me, the undersigned, a Notary Public within and for said county and state, Carolyn J. Glenn, Publisher of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal
GEORGIA LAWS 2018 SESSION
4313
advertisements for said county, who being duly sworn, states on oath that the report of AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE was published in said newspaper on the following date(s): 11/16/17, 11/23/17, 11/30/17
s/ CAROLYN JENNIGAN GLENN CAROLYN J. GLENN, PUBLISHER
Sworn to and subscribed before me this 11/30/17.
s/ JACQUELINE BRYANT Notary Public My commission expires September 22, 2018 THE OFFICIAL LEGAL ORGAN OF DEKALB COUNTY [SEAL]
PUBLIC NOTICE NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, amended, said Ordinance being captioned as follows: AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. SECTION 36-35-1, ET SEQ., AS AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., BY AMENDING ARTICLE 3 (EXECUTIVE), CHAPTER 6 (PLANNING)** TO INCLUDE THE ATLANTA CITY DESIGN AS SECTION 3-601; TO RENUMBER EXISTING SECTIONS WITHIN CHAPTER 6 AS SECTION 3-602 THROUGH 3-605; AND FOR OTHER PURPOSES^^. A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
4314
MUNICIPAL HOME RULE ORDINANCES
PROOF OF PUBLICATION STATE OF GEORGIA
PUBLIC NOTICE
Before the undersigned authority personally appeared Angela Pace, who on oath says that he/she is a Legal Advertising Representative of the Atlanta Journal-Constitution, a Daily newspaper published in said City and State that is a newspaper of general circulation in Barrow, Bartow, Carroll, Chattooga, Cherokee, Clarke, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Floyd, Forsyth, Fulton, Gwinnett, Hall, Heard, Henry, Jackson, Jasper, Meriweather, Morgan, Newton, Paulding, Polk, Rockdale, Walton, White, Banks, Butts, Dawson, Franklin, Gilmer, Gordon, Habersham, Haralson, Lamar, Lumpkin, Madison, Monroe, Murray, Oconee, Pickens, Pike, Spalding, and Whitfield Counties, and State of Georgia, and that the attached copy of Legal Advertising was published 3 times(s) in said newspaper on 11/13/2017 and last date of Publication 11/27/2017.
ATLANTA, CITY OF - MUNICIPAL CLERK 55 TRINITY AVE STE 2700 ATLANTA, GA 30303-3531
Signed s/ ANGELA PACE (Legal Advertising Agent)
Sworn or affirmed to, and subscribed before me, this 28th day of November, 2017 in Testimony whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid.
Signed s/ JUSTIN PETERSON (Notary)
[SEAL]
GEORGIA LAWS 2018 SESSION PUBLIC NOTICE
4315
NOTICE OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ATLANTA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. Laws, 1996, p. 4469, et seq.) approved April 15, 1996, amended, said Ordinance being captioned as follows:
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA ADOPTED UNDER AND BY VIRTUE OF THE AUTHORITY OF THE MUNICIPAL HOME RULE ACT OF 1965, O.C.G.A. SECTION 36-35-1, ET SEQ., AS AMENDED, SO AS TO AMEND THE CHARTER OF THE CITY OF ATLANTA, GEORGIA, 1996 GA LAWS P. 4469, ET SEQ., BY AMENDING ARTICLE 3 (EXECUTIVE), CHAPTER 6 (PLANNING) TO INCLUDE THE ATLANTA CITY DESIGN AS SECTION 3-601; TO RENUMBER EXISTING SECTIONS WITHIN CHAPTER 6 AS SECTION 3-602 THROUGH 3-605; AND FOR OTHER PURPOSES.
A copy of the proposed Ordinance and Charter Amendment is on file in the Office of the Municipal Clerk of the City of Atlanta and in the Offices of the clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia for the purpose of examination and inspection by the public.
Filed in the Office of the Secretary of the State December 27, 2017. __________
CITY OF HOGANSVILLE CITY MANAGER; TERMINATION AND SEVERANCE PAY.
17-
AN ORDINANCE
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF HOGANSVILLE TO AMEND THE CHARTER OF THE CITY; TO AMEND THE CHARTER SO AS TO AMEND THE PROVISIONS RELATING TO TERMINATION
4316
MUNICIPAL HOME RULE ORDINANCES
AND SEVERANCE PAY OP THE CITY MANAGER; TO REPEAL CONFLICTING ORDINANCES; TO FIX AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
THE COUNCIL OF THE CITY OF HOGANSVILLE HEREBY ORDAINS:
SECTION 1:
That Section 5.05 of the Charter of the City of Hogansville he amended, pursuant to the Municipal Home Rule Act of 1965, as amended, by deleting therefrom subsection (c) of Section 5.05, in its entirety.
SECTION 2:
All provisions of the Charter of the City of Hogansville in conflict herewith are hereby repealed.
SECTION 3:
This Charter amendment, after adoption by the Council and upon approval by the Mayor, shall become effective upon a copy of same being filed with the Secretary of State of the State of Georgia and the Clerk of the Superior Court of Troup County, Georgia, all in accordance with O.C.G.A. 36-35-5
INTRODUCED AND FIRST READING SECOND READING AND ADOPTED/REJECTED SUBMITTED TO MAYOR AND APPROVED/DISAPPROVED
November 20, 2017 December 4, 2017 Approved
BY: s/ WILLIAM STANKIEWICZ Mayor
ATTEST: s/ LISA KELLY Clerk
GEORGIA LAWS 2018 SESSION PUBLISHER'S AFFIDAVIT
4317
File Number:
I, John Kuykendall, Publisher of the Hogansville Herald, the legal organ for the City of Hogansville, Georgia, do hereby certify that a legal notice declaring the City's Intent to amend its Charter was published in the Hogansville Herald on November 16, November 23 and December 5.
s/ JOHN KUYKENDALL John Kuykendall, Publisher
[SEAL]
s/ ALEXANDRIA PAIGE KUYKENDALL NOTARY PUBLIC Sworn to and subscribed before me this 28th day of December, 2017.
NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF HOGANSVILLE
Notice is hereby given that the Mayor and Council of the City of Hogansville, Georgia, have proposed and will consider an amendment to the Hogansville City Charter which will remove from the Charter provisions regarding termination and severance pay of the City Manager. A copy of the proposed amendment is on file in the office of Lisa Kelly, Hogansville City Clerk, and in the office of Jackie Ward Taylor, Clerk of the Superior Court of Troup County, Georgia, for the purpose of examination and inspection by the public.
This 7th day of November, 2017.
Jeffrey M. Todd Hogansville City Attorney LEWIS, TAYLOR & TODD, P.C. P.O. Box 1027 LaGrange, Georgia 30241
4318
MUNICIPAL HOME RULE ORDINANCES
_______________ Publication Dates: 11/17; 11/24; 12/1
Filed in the Office of the Secretary of State January 5, 2018. __________
CITY OF HOLLY SPRINGS POWER TO REGULATE CERTAIN ACTIVITIES.
ORD-22-2017
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF HOLLY SPRINGS, GEORGIA, AS AMENDED, TO AMEND SECTION 1.04(a)(17) EXAMPLES OF POWER(S); TO PROVIDE FOR SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
BE IT ORDAINED AND ESTABLISHED by the Mayor and Council of the City of Holly Springs, Georgia as follows:
SECTION 1. That Section 1.04(a)(17) of the City Charter is deleted and the following substituted therefore:
(a)(17) To regulate or prohibit junk dealers and pawnshops; the manufacture, sale, or transportation of intoxicating liquors; the use of firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials; the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatsoever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors.
SECTION 2. Except as provided otherwise herein, all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
GEORGIA LAWS 2018 SESSION
4319
SECTION 3. If any Section, sub-section, sentence, clause, phrase or any portion of this Ordinance is declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Ordinance not so held to be invalid. It is hereby declared to be the intent of the City Council to provide for separable and divisible parts and does hereby adopt any and all parts hereof as may not be held invalid for any reason.
SECTION 11. This ordinance shall become effective upon its second and final adoption by the Mayor and Council of the City of Holly Springs
SO ORDAINED this 16th day of October, 2017.
Attest:
s/ STEVEN W. MILLER Steven W. Miller, Mayor
s/ KAREN NORRED Karen Norred, City Clerk (Seal)
ORD-22-2017
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF HOLLY SPRINGS, GEORGIA, AS AMENDED, TO AMEND SECTION 1.04(a)(17) - EXAMPLES OF POWER(S); TO PROVIDE FOR SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.
BE IT ORDAINED AND ESTABLISHED by the Mayor and Council of the City of Holly Springs, Georgia as follows:
SECTION 1. That Section 1.04(a)(17) of the City Charter is deleted and the following substituted therefore:
4320
MUNICIPAL HOME RULE ORDINANCES
(a)(17) To regulate or prohibit junk dealers and pawnshops; the manufacture, sale, or transportation of intoxicating liquors; the use firearms; to regulate the transportation, storage, and use of combustible, explosive, and flammable materials; the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regtdate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatsoever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors.
SECTION 2. Except as provided otherwise herein, all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 3. If any Section, sub-section, sentence, clause, phrase or any portion of this Ordinance is declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Ordinance not so held to be invalid. It is hereby declared to be the intent of the City Council to provide for separable and divisible parts and does hereby adopt any and all parts hereof as may not be held invalid for any reason.
SECTION 11. This ordinance shall become effective upon its second and final adoption by the Mayor and Council of the City of Holly Springs
SO ORDAINED this 20th day of November, 2017.
Attest:
s/ STEVEN W. MILLER Steven W. Miller, Mayor
s/ KAREN NORRED Karen Norred, Clerk (Seal)
GEORGIA LAWS 2018 SESSION PUBLISHER'S AFFIDAVIT
4321
STATE OF GEORGIA - County of Cherokee
Before me, the undersigned; a Notary Public, this day personally came Otis Brumby III, who, being duly sworn, according to law, says that he is the Publisher of Times Journal, Inc., publishers of the Cherokee Tribune, official newspaper published in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 25 day of October, 2017, and the 1 and 8 days of November, 2017, as provided by law.
s/ OTIS BRUMBY III
Subscribed and sworn to before me this 20 day of December, 2017.
s/ STEPHANIE B. MOORE Notary Public
My commission expires October 16, 2020 (SEAL)
City of Holly Springs Proposed Charter Amendments
Public Notice
Pursuant to O.C.G.A. 36-35-3 below is a synopsis of the proposed Charter amendments. A complete copy of the proposed amendments is on file in the office of the city clerk and in the office of the clerk of the superior court of Cherokee County for the purpose of examination and inspection by the public.
An Ordinance to Amend the Charter of the City of Holly Springs, Georgia, to amend Paragraph (17) of Subsection (a) of Section 1.4 of Article I of part I; to Provide for Severability; to Provide an Effective Date; to Repeal all Ordinances and parts of Ordinances in Conflict Herewith; and for Other Purposes.
Filed in the Office of the Secretary of State January 5, 2018. __________
4322
MUNICIPAL HOME RULE ORDINANCES
CITY OF GAINESVILLE ORDINANCE FORM AND PROCEDURES; POWERS AND DUTIES OF MAYOR.
Published: 01/25/2018
Published: 02/01/2018
First Reading: 02/06/2018
Published: 02/08/2018
Passed:
02/20/2018
HOME RULE ORDINANCE
HR-2018-01
AN ORDINANCE TO AMEND SUBSECTION B OF SECTION 2.23 ENTITLED "ORDINANCE FORM; PROCEDURES" OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA AND SUBSECTION 1 OF SECTION 2.29 ENTITLED "POWERS AND DUTIES OF MAYOR" OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA BY ELIMINATING SAID SUBSECTIONS IN THEIR ENTIRETY AND SUBSTITUTING IN THEIR PLACE THE LANGUAGE SET FORTH BELOW; TO REPEAL CONFLICTING PROVISIONS OF THE CHARTER; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
BE IT HEREBY ORDAINED BY THE GOVERNING BODY OF THE CITY OF GAINESVILLE, GEORGIA, AS FOLLOWS:
SECTION I.
Subsection (b) of Section 2.23 of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows:
(b) An ordinance may be introduced by any member of the governing body and be read at a regular or special meeting. Ordinances shall be considered and adopted or rejected by the governing body in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember.
SECTION II.
GEORGIA LAWS 2018 SESSION
4323
Subsection (1) of Section 2.29 of the Charter of the City of Gainesville, Georgia is hereby amended to read as follows:
(1) Preside at meetings of the goveming body where he or she shall have all the rights, powers, duties, and responsibilities of a councilmember except that the mayor shall not make a motion or second a motion and shall be entitled to vote on matters before the goveming body only in the following situations: (a) when there is an equal division on the question; (b) when the mayor's vote will provide the fourth affirmative vote required for approval of a matter; or (c) when the mayor's vote will provide the majority vote required for approval of a matter. The mayor shall also be entitled to vote on the election and removal of the following officers and employees of the council: mayor pro tempore, city manager, city attorney, municipal court judge, solicitor, and city auditor;
SECTION III.
The Charter and all Ordinances and parts of Ordinances in conflict herewith are hereby repealed.
SECTION IV.
If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional.
SECTION V.
The effective date of this Ordinance shall be upon approval by the Governing Body of the City of Gainesville.
s/ C. DANNY DUNAGAN, JR. C. Danny Dunagan, Jr., Mayor
4324
MUNICIPAL HOME RULE ORDINANCES
This is to certify that I am City Clerk of the City of Gainesville. As such, I keep its official records, including its minutes. In that capacity, my signature below certifies this ordinance was adopted as stated and will be recorded in the official minutes.
ATTEST:
s/ DENISE O. JORDAN Denise O. Jordan, City Clerk [SEAL]
CERTIFIED COPY OF ORDINANCE
STATE OF GEORGIA COUNTY OF HALL
This is to certify that I am City Clerk of the governing body of the City of Gainesville. As such, I keep its official records, including its minutes, and in that capacity do certify that the attached is a true and correct copy of Home Rule Ordinance 2018-01 as approved.
Witness of my official signature and seal this 21st day of February, 2018.
s/ DENISE JORDAN Denise O. Jordan City Clerk (Seal)
AFFIDAVIT OF PUBLICATION
State of Georgia County of Hall
Personally appeared before the undersigned, Megan Lewis, who having been duly sworn, on oath, says that she is the Classified Inside Sales Representative of THE TIMES, and that the Advertisement was Published in THE TIMES:
GEORGIA LAWS 2018 SESSION
Ad# 68133 Miscellaneous Home Rule Ordinance 2018-01 Published: 1/25, 2/1, 2/8/2018
4325
Sworn to and Subscribed before me This 13th day of February, 2018
s/ MEGAN LEWIS Megan Lewis, Affiant Verified s/ TS
s/ DARIAN TRENT SEXTON Notary Public (Darian Trent Sexton) [Seal]
CITY OF GAINESVILLE, GEORGIA PUBLIC NOTICE
HOME RULE ORDINANCE 2018-01
AN ORDINANCE TO AMEND SUBSECTION B OF SECTION 2.23 ENTITLED "ORDINANCE FORM; PROCEDURES" OF THE CHARTER OF THE CITY OF GAINESVILLE GEORGIA AND SUBSECTION 1 OF SECTION 2.29 ENTITLED "POWERS AND DUTIES OF MAYOR" OF THE CHARTER OF THE CITY OF GAINESVILLE, GEORGIA BY ELIMINATING SAID SUBSECTIONS IN THEIR ENTIRETY AND SUBSTITUTING IN THEIR PLACE THE LANGUAGE SET FORTH BELOW; TO REPEAL CONFLICTING PROVISIONS OF THE CHARTER; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
A copy of the proposed charter amendment is on file in the City Clerk's Office and in the Office of the Clerk of Superior Court for public inspection. A copy of the proposed charter amendment shall be furnished by the City Clerk upon request. Requests for copies should be submitted via email to cityclerk@gainesville.org or by phone to 770-535-6865. In-person requests can be made in the City Clerks Office located on the third floor of the Administration Building (300 Henry Ward Way) in Suite 303.
4326
MUNICIPAL HOME RULE ORDINANCES
Filed in the Office of the Secretary of State March 2, 2018. __________
CITY OF FORT GAINES MUNICIPAL COURT; INDIGENT DEFENSE; PROSECUTOR.
ORDINANCE NO. 05-06
AN ORDINANCE ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1945, O.C.G.A. SEC. 36-35-1 et seq., AMENDING ARTICLE IV OF THE CHARTER OF THE CITY OF FORT GAINES SO AS TO AUTHORIZE THE PROVISION OF A SYSTEM OF INDIGENT DEFENSE IN THE MUNICIPAL COURT AND A PROSECUTOR; TO PROVIDE FOR THE FUNDING THEREOF; TO REPEAL ALL PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES.
WHEREAS, the Constitution of the United States of America as construed by the United States Supreme Court requires that indigent defendants in certain criminal cases in all courts including municipal courts be provided with defense counsel at the expense of the government; and
WHEREAS, it is necessary to amend the charter of the City of Fort Gaines in order to authorize the implementation of such a system in the municipal court of said city; and
WHEREAS, the Municipal Home Rule Act of 1945, O.C.G.A Sec.36-35-1, authorizes such amendments to charters and provides procedures therefor;
NOW, THEREFORE, BE IT ORDAINED by the mayor and council of the City of Fort Gaines, and it is hereby ordained by authority of same:
SECTION 1. Article IV of the charter of the City of Fort Gaines is hereby amended by adding a new section to be located and numbered appropriately in said Article of the charter, to read as follows:
GEORGIA LAWS 2018 SESSION
4327
SECTION 4.16 AUTHORIZING PROVIDING FOR, AND FUNDING A SYSTEM OF INDIGENT DEFENSE.
The mayor and council shall have the power to provide for a system of defense for indigent persons charged in municipal court with violations of ordinances and/or state laws, and for the prosecution of such cases by a prosecutor, and to provide for and require the expense of same to be added to all fines, bonds and bond forfeitures imposed by the municipal court judge and collected in addition to fines, penalties, and all other costs.
SECTION 2. All ordinances and charter provisions in conflict herewith are repealed.
SO ORDAINED, this 10 day of May, 2005.
CITY OF FORT GAINES
By: s/ DAVID WETHERBY Mayor, David Wetherby
1st reading: 04-15-2005 2nd reading: 05-10-2005
Attest: s/ Marion B. Lindsey City Clerk, Marion Lindsey
PUBLISHER'S AFFIDAVIT
I, the undersigned, certify that I am the editor and publisher of the Cuthbert Southern Tribune, a newspaper of general circulation and the legal organ for Clay County, Georgia, and do further certify that the attached Public Notice was published in said newspaper on the following dates April 21, 28 and May 5, 2005.
s/ BELINDA DEAL EDITOR/PUBLISHER
4328
MUNICIPAL HOME RULE ORDINANCES
Sworn to and subscribed before this 21st day of February, 2018.
s/ DEBBIE BROOKS Notary Public My Commission expires: March 5, 2020
(SEAL)
PUBLIC NOTICE
The City of Fort Gaines is amending the charter of the city by adding a new Section 4.16 to Article IV authorizing the mayor and council to provide for a system of indigent defense in the municipal court and to provide for the funding thereof. A copy of the proposed amendment is on file in the office of the City Clerk and the office of the Clerk of the Superior Court of Clay County for the purpose of examination and inspection by the public.
Filed in the Office of the Secretary of State March 14, 2018. __________
CITY OF CHAMBLEE CITY MANAGER; ABSENCE; PLANNING AND DEVELOPMENT DIRECTOR; COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR; DEPUTY CITY MANAGER; APPEALS FOR REMOVAL FROM OFFICE; PAYMENT OF STREET TAX.
MUNICIPAL HOME RULE ORDINANCE
PROPOSED ORDINANCE NO. 746
AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF CHAMBLEE, GEORGIA, ARTICLE 5, "OFFICERS," SECTION 1, PARAGRAPH (C), TO DELETE THE REQUIREMENT OF FILING A LETTER TO DESIGNATE AN EMPLOYEE TO PERFORM THE DUTIES OF THE CITY MANAGER IN THE CITY MANAGER'S ABSENCE, SECTION 2, TO PROVIDE FOR A REVISED HEADING FOR SECTION 2, TO AMEND PARAGRAPH (D) TO PROVIDE FOR A PLANNING AND
GEORGIA LAWS 2018 SESSION
4329
DEVELOPMENT DIRECTOR, TO DELETE PARAGRAPH (G) AND ADD A NEW PARAGRAPH (G) TO PROVIDE FOR A COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR, TO ADD A NEW PARAGRAPH (H) TO PROVIDE FOR A DEPUTY CITY MANAGER, TO ADD A NEW PARAGRAPH (I) TO PROVIDE FOR APPEALS TO THE CITY COUNCIL BY OFFICERS REMOVED FROM OFFICE, TO AMEND ARTICLE 1 OF THE CHARTER, SECTION 18, TO CLARIFY WHO SHALL BE LIABLE FOR PAYMENT OF STREET TAX AND FOR ALL OTHER LAWFUL PURPOSES
BE IT ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA THAT PARAGRAPH (C) OF SECTION l OF ARTICLE 5 BE DELETED IN ITS ENTIRETY.
BE IT FURTHER ORDAINED AND IT IS HEREBY ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA THAT THE HEADING OF SECTION 2 OF ARTICLE 5 SHALL BE DELETED IN ITS ENTIRETY AND SUBSTITUTED IN LIEU THEREOF SHALL BE A NEW HEADING FOR SECTION 2 WHICH SHALL READ AS FOLLOWS:
"Section 2. Hiring of marshal, policemen, city clerk, public works director, planning and development director, parks and recreation director. finance director, community and economic development director, deputy city manager; compensation, removal."
BE IT FURTHER ORDAINED THAT THE PROVISIONS OF PARAGRAPH (d) OF SECTION 2 SHALL BE DELETED IN THEIR ENTIRETY AND SUBSTITUTED IN LIEU THEREOF SHALL BE A NEW PARAGRAPH(d) WHICH NEW PARAGRAPH(d) SHALL READ AS FOLLOWS:
"(d) There shall be a planning and development director for the City of Chamblee who shall be hired by the city manager, with the confirmation of employment by the city council, and removed by the city manager. The planning and development director shall receive such compensation as the mayor and council may fix and shall perform the duties prescribed in this Charter and such other duties as the city manager may also direct."
4330
MUNICIPAL HOME RULE ORDINANCES
BE IT FURTHER ORDAINED THAT PARAGRAPH (g) OF SECTION 2 OF ARTICLE 5 SHALL BE DELETED IN ITS ENTIRETY AND SUBSTITUTED IN LIEU THEREOF SHALL BE A NEW PARAGRAPH (g) WHICH NEW PARAGRAPH (g) SHALL READ AS FOLLOWS:
"(g) There shall be a community and economic development director for the City of Chamblee who shall be hired by the city manager, with the confirmation of employment by the city council, and removed by the city manager. The community and economic development director shall receive such compensation as the mayor and council may fix and shall perform the duties prescribed in this Charter and such other duties as the city manager may also direct."
BE IT FURTHER ORDAINED THAT THE PROVISIONS OF SECTION 2 BE FURTHER AMENDED BY ADDING THERETO A PARAGRAPH (h) WHICH PARAGRAPH (h) SHALL READ AS FOLLOWS:
"(h) There shall be a deputy city manager for the City of Chamblee who shall be hired by the city manager, with the confirmation of employment by the city council and removed by the city manager. The deputy city manager shall receive such compensation as the mayor and council may fix and shall perform the duties prescribed in this Charter and such other duties as the city manager may also direct."
BE IT FURTHER ORDAINED THAT THE PROVISIONS OF SECTION 2 BE FURTHER AMENDED BY ADDING THERETO A PARAGRAPH (i) WHICH PARAGRAPH (i) SHALL READ AS FOLLOWS:
"(i) If the marshal, the city clerk, the public works director, the planning and development director, the parks and recreation director, the finance director, the community and economic development director or the deputy city manager is removed from office, said officer may appeal such removal to the city council. Only a majority vote of the entire membership of the city council can overturn such a removal action by the city manager."
BE IT FURTHER ORDAINED THAT THE PROVISIONS OF SECTION 18, "STREET TAX" OF ARTICLE 1 BE AMENDED BY DELETING SAID SECTION 18 IN ITS
GEORGIA LAWS 2018 SESSION
4331
ENTIRETY AND SUBSTITUTING IN LIEU THEREOF SHALL BE A NEW SECTION 18 WHICH NEW SECTION 18 SHALL READ AS FOLLOWS:
"SECTION 18. STREET TAX. Whenever said municipality shall operate general control over the streets and roads of its
incorporated territory, it shall have the right and power to levy and collect street taxes against subjects liable for payment thereof to the same extent as DeKalb County is permitted to levy and collect under existing laws from subjects liable for payment of road taxes to DeKalb County."
The foregoing was proposed by Council member Robson with a motion that the same be adopted. Said motion was seconded by Council member Hogan. Same was then put to a vote and 4 Council members voted in favor of the Ordinance and 0 Council members voted against the Ordinance. Said motion was thereupon declared passed and duly adopted this 20th day of March, 2018.
s/ EMMIE D. NIETHAMMER Emmie Niethammer, City Clerk City of Chamblee, Georgia
Approved this 20 day of March, 2018.
s/ R. ERIC CLARKSON The Honorable R. Eric Clarkson Mayor, City of Chamblee, Georgia
Approved as to form:
First Reading: February 20, 2018
s/ JOE FOWLER City Attorney
Second Reading; March 20, 2018
4332
MUNICIPAL HOME RULE ORDINANCES PUBLISHER'S AFFIDAVIT
STATE OF GEORGIA COUNTY OF DEKALB
Personally appeared before me, the undersigned, a Notary Public within and for said county and state, John A. Hewitt, Chief Operating Officer of The Champion Newspaper, published at Decatur, County of DeKalb, State of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF CHAMBLEE, GEORGIA was published in said newspaper on the following date(s): Feb. 22, 2018; March 1, 2018; March 8, 2018
s/ JOHN HEWITT JOHN A. HEWITT, COO
Sworn to and subscribed before me this 03/22/2018
s/ JACQUELINE BRYANT NOTARY PUBLIC My commission expires September 22, 2018
NOTICE OF PROPOSED AMENDMENT TO CHARTER OF THE CITY OF CHAMBLEE, GEORGIA
Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia, (Ga. L. 1935, p. 976 et. seq. approved March 28, 1935) so as to amend Article 5, Section 1 of the Charter to delete the requirement in paragraph (c) that the City Manager file a letter with the City Clerk designating an employee to perform the duties of the City Manager in the City Manager's absence, to amend Article 5, Section 2 of the Charter to provide for the offices of deputy city manager, planning and development director, community and economic development director, to provide for appeals in the event of removal from these offices, to clarify subjects liable for payment of street tax as provided in Section 18 of Article 1 of the Charter, to repeal conflicting portions of the Charter and for all other lawful purpose.
GEORGIA LAWS 2018 SESSION
4333
A copy of the proposed Ordinance to amend the Charter is on file in the Office of the City Clerk of the City of Chamblee, Georgia and the Office of the Clerk of the Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public. This 13th day of February, 2018.
Emmie Niethammer City Clerk, City of Chamblee, Georgia
Filed in the Office of the Secretary of State April 2, 2018. __________
CITY OF LYONS CITY PERSONNEL.
First Reading: this 6 day of March, 2018. Second Reading: this 3 day of April, 2018.
ORDINANCE NO. 1302
ORDINANCE TO AMEND THE CHARTER OF THE CITY OF LYONS, GEORGIA, REGARDING CITY PERSONNEL; TO PROVIDE SEVERABILITY; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR CODIFICATION; AND FOR OTHER PURPOSES ALLOWED BY LAW.
WHEREAS, the duly elected governing authority of the City of Lyons, Georgia, is empowered pursuant to O.C.G.A. 36-35-3(b)(1) by the General Assembly to amend its Charter by ordinance so long as any amendment is not contrary to general law; and
WHEREAS, various provisions of the Charter for the City of Lyons relate to City personnel; and
WHEREAS, the City of Lyons seeks to clarify certain matters related to City personnel;
BE IT ORDAINED by the Mayor and Council of the City of Lyons, Georgia:
4334
MUNICIPAL HOME RULE ORDINANCES
Section 1. A proposal is hereby presented to amend the Charter of the City of Lyons, Georgia, by:
a. Striking subsection 1 of Section 2.30 in its entirety and inserting in lieu thereof a new subsection 1 of Section 2.30, which shall read as follows:
Subject to Sec 3.16 of this Charter, make personnel decisions, including, but not limited to, hiring, compensation, discipline, promotion, demotion and termination, regarding all City employees, and the City Manager may delegate such authority to any administrative officer, director, department head, manager, or supervisor who is subject to the City Manager's direction and supervision; provided that, the City Manager shall obtain the consent of the Council before hiring or terminating the head or director of any department or agency or any non-elective officer, including the Chief of Police, the Chief of the Fire Department, the City Clerk, the Director of Parks and Recreation, the Director of Public Works, the Municipal Court Judge, the City Attorney, the City Solicitor and the City Public Defender;
b. Striking Section 3.10 in its entirety and inserting in lieu thereof a new Section 3.10, which shall read as follows:
The City shall maintain non-elective offices, positions of employment, departments, and agencies of the City as necessary for the proper administration of the affairs and government of the City.
c. Striking Section 3.16 in its entirety and inserting in lieu thereof a new Section 3.16, which shall read as follows:
The City shall maintain personnel policies regarding terms and conditions of employment with the City and to assist in the management of City employees.
Section 2.
A. It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses, and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable, and constitutional.
GEORGIA LAWS 2018 SESSION
4335
B. It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause, or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause, or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor or Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause, or phrase of this Ordinance is mutually dependent upon any other section paragraph, sentence, clause, or phrase of this Ordinance. C. In the event that any section, paragraph, sentence, clause, or phrase of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional, or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality, or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional, or otherwise unenforceable any of the remaining sections, paragraphs, sentences, clauses, or phrases of the Ordinance and that, to the greatest extent allowed by law, all remaining sections, paragraphs, sentences, clauses, or phrases of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.
Section 3. All provisions of the Code or Charter of the City of Lyons or parts thereof that are in conflict herewith are hereby expressly repealed.
Section 4. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein.
Section 5. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City of Lyons.
Section 6. This ordinance shall become effective upon its adoption in accordance with applicable laws, including as provided in Section 2.22(b) of the City Charter and O.C.G.A. 36-35-3 and 36-35-5.
SO ORDAINED, this 3rd day of April, 2018.
CITY OF LYONS, GEORGIA
s/ WILLIS D. NESMITH JR. Mayor Willis D. NeSmith, Jr.
4336 ATTEST:
MUNICIPAL HOME RULE ORDINANCES
s/ LYNN ROWLAND Lynn Rowland, City Clerk
APPROVED AS TO FORM:
s/ THOMAS A. PETERSON Thomas A. Peterson, IV, City Attorney
[SEAL]
GEORGIA, Toombs County
Office Clerk Superior Court
I do hereby certify the within instrument was filed for record on the 9 day of April 2018 at 10:40 and duly recorded in 619-622 Business Affidavit Page 2
s/ NANCY PITTMAN Clerk, Superior Court
CERTIFICATION OF FILING
Undersigned is the duly elected Clerk of Superior Court of Toombs County, Georgia, and in such capacity undersigned certifies that a copy of Ordinance No. 1302, which was executed on April 3, 2018 by the City of Lyons, Georgia, and a copy of which is attached hereto as Exhibit A and incorporated herein by reference, is duly filed of record in the Office of the Clerk of Superior Court of Toombs County, Georgia.
This 9th day of April, 2018.
s/ NANCY PITTMAN Hon. Nancy Pittman Clerk of Superior Court Toombs County, Georgia
GEORGIA LAWS 2018 SESSION
Sworn to and subscribed before me this 9th day of April, 2018.
4337
s/ DIANE P. STRIPLING Notary Public (SEAL)
CERTIFICATION OF PUBLICATION
I, the Manager of the Legal Advertisement section of The Advance, the official organ of Toombs County, Georgia say:
Said newspaper is of general circulation in said County and in the area adjacent thereto. It is the newspaper designated and customarily used by the Sheriff of Toombs County for publication of advertisements and by other officials and official bodies of and in said County for the publication of notices required by law.
I have reviewed the regular editions of The Advance, published on 3-7, 2018 and 3-14, 2018 3-21, 2018 and ___________________, 20__
and find that the attached advertisement, to witt, has appeared in each of said editions.
Signed under the pains and penalties of perjury.
s/ GAIL CAULEY Gail Cauley, Legal Manager
Sworn to and subscribed before me this 14th day of March, 2018.
s/ CINDY SHATTO NOTARY PUBLIC
(SEAL)
4338
MUNICIPAL HOME RULE ORDINANCES
NOTICE TO AMEND CHARTER OF CITY OF LYONS, GEORGIA,
PURSUANT TO O.C.G.A. 36-35-3
THE DULY ELECTED GOVERNING AUTHORITY OF THE CITY OF LYONS, GEORGIA, IS EMPOWERED PURSUANT TO O.C.G.A. 36-35-3 BY THE GENERAL ASSEMBLY TO AMEND ITS CITY CHARTER BY ORDINANCE. A SYNOPSIS OF THE PROPOSED AMENDMENT TO CERTAIN SECTIONS AND SUB-SECTIONS TO THE CITY CHARTER IS HEREBY PROVIDED, AS MORE PARTICULARLY SET FORTH BELOW:
WHEREAS, the duly elected governing authority of the City of Lyons, Georgia has been granted the power pursuant to O.C.G.A. 36-35-3(b)(1) by the General Assembly to amend its Charter by ordinance so long as any amendment is not contrary to general law; and
WHEREAS, various provisions of the Charter for the City of Lyons relate to City personnel; and
WHEREAS, the City of Lyons seeks to clarify certain aspects of the employment relationship as it relates to City personnel;
BE IT ORDAINED by the Mayor and Council of the City of Lyons, Georgia:
Section 1. A proposal is hereby presented to amend the Charter of the City of Lyons, Georgia, by:
a. Striking subsection 1 of Section 2.30 in its entirety and inserting in lieu thereof a new subsection 1 of Section 2.30, which shall read as follows: Subject to Sec. 3.16 of this Charter, make personnel decisions, including, but not limited to, hiring, compensation, discipline, promotion, demotion and termination, regarding all City employees, and the City Manager may delegate such authority to any administrative officer, director, department head, manager, or supervisor who is subject to the City Manager's direction and supervision; provided that, the City Manager shall obtain the consent of the Council before hiring or terminating the head or director of any department or agency or any non-elective officer, including the Chief of Police, the Chief of the Fire Department, the City Clerk, the Director of Parks and Recreation, the Director of Public Works, the Municipal Court Judge, the City Attorney, the City Solicitor and the City Public Defender;
GEORGIA LAWS 2018 SESSION
4339
b. Striking Section 3.10 in its entirety and inserting in lieu thereof a new Section 3.10, which shall read as follows: The City shall maintain non-elective offices, positions of employment, departments, and agencies of the City as necessary for the proper administration of the affairs and government of the City.
c. Striking Section 3.16 in its entirety and inserting in lieu thereof a new Section 3.16, which shall read as follows: The City shall maintain personnel policies regarding terms and conditions of employment with the City and to assist in the management of City employees.
Section 2. A. It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses, and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable, and constitutional.
B. It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause, or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause, or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor or Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause, or phrase of this Ordinance is mutually dependent upon any other section paragraph, sentence, clause, or phrase of this Ordinance.
C. In the event that any section, paragraph, sentence, clause, or phrase of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional, or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality, or unenforceabilty shall, to the greatest extent allowed by law, not render invalid, unconstitutional, or otherwise unenforceable any of the remaining sections, paragraphs, sentences, clauses, or phrases of the Ordinance and that, to the greatest extent allowed by law, all remaining sections, paragraphs, sentences, clauses, or phrases of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.
4340
MUNICIPAL HOME RULE ORDINANCES
Section 3. All provisions of the Code or Charter of the City of Lyons or parts thereof that are in conflict herewith are hereby expressly repealed.
Section 4. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein.
Section 5. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City of Lyons.
Section 6. This ordinance shall become effective upon its adoption in accordance with applicable laws, including as provided in Section 2.22(b) of the City Charter and O.C.G.A. 36-35-3 and 36-35-5.
Mayor Willis D. NeSmith, Jr.
ATTEST: Lynn Rowland, City Clerk
APPROVED AS TO FORM: Tom A. Peterson, IV, City Attorney
A COPY OF THE PROPOSED AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF TOOMBS COUNTY.
Filed in the Office of the Secretary of State April 13, 2018.