| HB 949 - Buckhead, Town of; new charter |
First Reader Summary
A BILL to provide a new charter for the Town of Buckhead; and for
other purposes.
| House |
Action |
Senate |
| 3/9/99 |
Read 1st Time |
3/16/99 |
| 3/10/99 |
Read 2nd Time |
|
| 3/15/99 |
Favorably Reported |
3/18/99 |
| 3/15/99 |
Read 3rd Time |
|
| 3/15/99 |
Passed/Adopted |
3/18/99 |
| 4/7/99 |
Sent to Governor |
|
| 4/16/99 |
Signed by Governor |
|
| 206 |
Act/Veto Number |
|
| 7/1/99/9 |
Effective Date |
|
HB 949 LC 9 0033
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the Town of Buckhead; to
1- 2 provide for incorporation, boundaries, and powers of the
1- 3 town; to provide for a governing authority of such town and
1- 4 the powers, duties, authority, election, terms, vacancies,
1- 5 compensation, expenses, qualifications, prohibitions,
1- 6 conflicts of interest, and suspension and removal from
1- 7 office relative to members of such governing authority; to
1- 8 provide for inquiries and investigations; to provide for
1- 9 oaths, organization, meetings, quorum, voting, rules, and
1-10 procedures; to provide for ordinances and codes; to provide
1-11 for a mayor, mayor pro tempore, and town council and certain
1-12 duties, powers, and other matters relative thereto; to
1-13 provide for administrative affairs and responsibilities; to
1-14 provide for boards, commissions, and authorities; to provide
1-15 for a town attorney, a town clerk, a town treasurer, a town
1-16 accountant, and other personnel and matters relating
1-17 thereto; to provide for rules and regulations; to provide
1-18 for a municipal court and the judge or judges thereof and
1-19 other matters relative to those judges; to provide for the
1-20 court's jurisdiction, powers, practices, and procedures; to
1-21 provide for the right of certiorari; to provide for
1-22 elections; to provide for taxation, licenses, and fees; to
1-23 provide for franchises, service charges, and assessments;
1-24 to provide for bonded and other indebtedness; to provide for
1-25 auditing, accounting, budgeting, and appropriations; to
1-26 provide for town contracts and purchasing; to provide for
1-27 the conveyance of property and interests therein; to provide
1-28 for bonds for officials; to provide for prior ordinances and
1-29 rules, pending matters, and existing personnel; to provide
1-30 for penalties; to provide for definitions and construction;
1-31 to provide for severability; to provide for other matters
1-32 relative to the foregoing; to provide for an effective date;
1-33 to repeal a specific Act; to repeal conflicting laws; and
1-34 for other purposes.
1-35 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
-1-
2- 1 INCORPORATION AND POWERS
2- 2 SECTION 1.10.
2- 3 This town and the inhabitants thereof are constituted and
2- 4 declared a body politic and corporate under the name and
2- 5 style Buckhead, Georgia, and by that name shall have
2- 6 perpetual succession.
2- 7 SECTION 1.11.
2- 8 Corporate boundaries.
2- 9 (a) The boundaries of this town shall be those existing on
2-10 the effective date of the adoption of this charter with such
2-11 alterations as may be made from time to time in the manner
2-12 provided by law. The boundaries of this town at all times
2-13 shall be shown on a map, a written description, or any
2-14 combination thereof, to be retained permanently in the town
2-15 hall and to be designated, as the case may be: "Official
2-16 Map (or Description) of the corporate limits of the Town of
2-17 Buckhead, Georgia." Photographic, typed, or other copies of
2-18 such map or description certified by the town clerk shall be
2-19 admitted as evidence in all courts and shall have the same
2-20 force and effect as with the original map or description.
2-21 (b) The town council may provide for the redrawing of any
2-22 such map by ordinance to reflect lawful changes in the
2-23 corporate boundaries. A redrawn map shall supersede for all
2-24 purposes the entire map or maps which it is designated to
2-25 replace.
2-26 SECTION 1.12.
2-27 Powers and construction.
2-28 (a) This town shall have all powers possible for a town to
2-29 have under the present or future Constitution and laws of
2-30 this state as fully and completely as though they were
2-31 specifically enumerated in this charter. This town shall
2-32 have all the powers of self-government not otherwise
2-33 prohibited by this charter or by general law.
2-34 (b) The powers of this town shall be construed liberally in
2-35 favor of the town. The specific mention or failure to
2-36 mention particular powers shall not be construed as limiting
2-37 in any way the powers of this town.
2-38 SECTION 1.13.
2-39 Examples of powers.
-2-
3- 1 The powers of this town shall include, but not be limited
3- 2 to, the following:
3- 3 (1) Air and water pollution. To regulate the emission
3- 4 of smoke or other exhaust which pollutes the air and to
3- 5 prevent the pollution of natural streams which flow
3- 6 within the corporate limits of the town;
3- 7 (2) Animal regulations. To regulate and license or to
3- 8 prohibit the keeping or running at-large of animals and
3- 9 fowl and to provide for the impoundment of same if in
3-10 violation of any ordinance or lawful order; to provide
3-11 for the disposition by sale, gift, or humane destruction
3-12 of animals and fowl when not redeemed as provided by
3-13 ordinance; and to provide punishment for violation of
3-14 ordinances enacted under this charter;
3-15 (3) Appropriations and expenditures. To make
3-16 appropriations for the support of the government of the
3-17 town; to authorize the expenditure of money for any
3-18 purposes authorized by this charter and for any purpose
3-19 for which a municipality is authorized by the laws of
3-20 the State of Georgia; and to provide for the payment of
3-21 expenses of the town;
3-22 (4) Building Regulation. To regulate and to license the
3-23 erection and construction of buildings and all other
3-24 structures; to adopt building, housing, plumbing,
3-25 electric, gas, and heating and air conditioning codes;
3-26 and to regulate all housing, and building trades;
3-27 (5) Business regulation and taxation. To levy and to
3-28 provide for the collection of license fees and taxes on
3-29 privileges, occupations, trades, and professions; to
3-30 license and regulate the same; to provide for the manner
3-31 and method of payment of such licenses and taxes; and to
3-32 revoke such licenses after due process for failure to
3-33 pay any town fees or taxes;
3-34 (6) Condemnation. To condemn property, inside or
3-35 outside the corporate limits of the town, for present or
3-36 future use and for any corporate purpose deemed
3-37 necessary by the governing authority, utilizing
3-38 procedures enumerated in Title 22 of the Official Code
3-39 of Georgia Annotated, or such other applicable laws as
3-40 are or may hereafter be enacted;
-3-
4- 1 (7) Contracts. To enter into contracts and agreements
4- 2 with other governmental entities and with private
4- 3 persons, firms, and corporations;
4- 4 (8) Emergencies. To establish procedures for
4- 5 determining and proclaiming that an emergency situation
4- 6 exists within or outside the town and to make and carry
4- 7 out all reasonable provisions deemed necessary to deal
4- 8 with or meet such an emergency for the protection,
4- 9 safety, health, or well-being of the citizens of the
4-10 town;
4-11 (9) Fire regulations. To fix and establish fire limits
4-12 and from time to time to extend, enlarge, or restrict
4-13 the same; to prescribe fire safety regulations not
4-14 inconsistent with general law, relating to both fire
4-15 prevention and detection and to fire fighting; and to
4-16 prescribe penalties and punishment for violations
4-17 thereof;
4-18 (10) Garbage fees. To levy, fix, assess, and collect a
4-19 garbage, refuse, and trash collection and disposal and
4-20 other sanitary service charge, tax, or fee for such
4-21 services as may be necessary in the operation of the
4-22 town from all individuals, firms, and corporations
4-23 residing in said town or doing business therein and
4-24 benefiting from such services; to enforce the payment of
4-25 such charges, taxes, or fees; and to provide for the
4-26 manner and method of collecting such service charges;
4-27 (11) General health, safety and welfare. To define,
4-28 regulate, and prohibit any act, practice, conduct, or
4-29 use of property which is detrimental to health,
4-30 sanitation, cleanliness, welfare, and safety of the
4-31 inhabitants of the town, and to provide for the
4-32 enforcement of such standards;
4-33 (12) Gifts. To accept or refuse gifts, donations,
4-34 bequests, or grants from any source for any purpose
4-35 related to the powers and duties of the town and the
4-36 general welfare of its citizens, on such terms and
4-37 conditions as the donor or grantor may impose;
4-38 (13) Health and sanitation. To prescribe standards of
4-39 health and sanitation and to provide for the enforcement
4-40 of such standards;
4-41 (14) Jail sentences. To provide that persons given jail
4-42 sentences in the municipal court may work out such
-4-
5- 1 sentences in any public works or on the streets, roads,
5- 2 drains, and squares in the town; to provide for
5- 3 commitment of such persons to any jail; or to provide
5- 4 for commitment of such persons to any county work camp
5- 5 or county jail by agreement with the appropriate county
5- 6 officials;
5- 7 (15) Motor vehicles. To regulate the operation of motor
5- 8 vehicles and exercise control over all traffic,
5- 9 including parking upon or across the streets, roads,
5-10 alleys, and walkways of the town;
5-11 (16) Municipal agencies and delegation of power. To
5-12 create, alter, or abolish departments, boards, offices,
5-13 commissions, and agencies of the town; and to confer
5-14 upon such agencies the necessary and appropriate
5-15 authority for carrying out all the powers conferred upon
5-16 or delegated to the same;
5-17 (17) Municipal debts. To appropriate and borrow money
5-18 for the payment of debts of the town and to issue bonds
5-19 for the purpose of raising revenue to carry out any
5-20 project, program, or venture authorized by this charter
5-21 or the laws of the State of Georgia;
5-22 (18) Municipal property ownership. To acquire, dispose
5-23 of, and hold in trust or otherwise any real, personal,
5-24 or mixed property, in fee simple or lesser interest,
5-25 inside or outside the property limits of the town;
5-26 (19) Municipal property protection. To provide for the
5-27 preservation and protection of property and equipment of
5-28 the town and the administration and use of same by the
5-29 public; and to prescribe penalties and punishment for
5-30 violations thereof;
5-31 (20) Municipal utilities. To acquire, lease, construct,
5-32 operate, maintain, sell, and dispose of public
5-33 utilities, including but not limited to a system of
5-34 waterworks, sewers and drains, sewage disposal, gas
5-35 works, electric light plants, transportation facilities,
5-36 public airports, and any other public utility; to fix
5-37 the taxes, charges, rates, fares, fees, assessments,
5-38 regulations, and penalties; to provide for the
5-39 withdrawal of service for refusal or failure to pay the
5-40 same; to authorize the extension of water, sewerage, and
5-41 electrical distribution systems, and all necessary
5-42 appurtenances by which said utilities are distributed,
5-43 inside and outside the corporate limits of the town; and
-5-
6- 1 to provide utility services to persons, firms, and
6- 2 corporations inside and outside the corporate limits of
6- 3 the town as provided by ordinance;
6- 4 (21) Nuisance. To define a nuisance and provide for its
6- 5 abatement whether on public or private property;
6- 6 (22) Penalties. To provide penalties for violation of
6- 7 any ordinances adopted pursuant to the authority of this
6- 8 charter and the laws of the State of Georgia;
6- 9 (23) Planning and zoning. To provide comprehensive town
6-10 planning for development by zoning; and to provide
6-11 subdivision regulation and the like as the town council
6-12 deems necessary and reasonable to insure a safe,
6-13 healthy, and aesthetically pleasing community;
6-14 (24) Police and fire protection. To exercise the power
6-15 of arrest through duly appointed police officers; and to
6-16 establish, operate, or contract for a police and a fire
6-17 fighting agency;
6-18 (25) Public hazards; removal. To provide for the
6-19 destruction and removal of any building or other
6-20 structure which is or may become dangerous or
6-21 detrimental to the public;
6-22 (26) Public improvements. To provide for the
6-23 acquisition, construction, building, operation, and
6-24 maintenance of public ways, parks and playgrounds,
6-25 recreational facilities, cemeteries, markets and market
6-26 houses, public buildings, libraries, public housing,
6-27 airports, hospitals, terminals, docks, parking
6-28 facilities, or charitable, cultural, educational,
6-29 recreational, conservation, sport, curative, corrective,
6-30 detentional, penal, and medical institutions, agencies,
6-31 and facilities; to provide any other public
6-32 improvements, inside or outside the corporate limits of
6-33 the town; to regulate the use of public improvements;
6-34 and, for such purposes, property may be acquired by
6-35 condemnation under Title 22 of the Official Code of
6-36 Georgia Annotated or such other applicable laws as are
6-37 or may hereafter be enacted;
6-38 (27) Public peace. To provide for the prevention and
6-39 punishment of drunkenness, riots, and public
6-40 disturbances;
-6-
7- 1 (28) Public transportation. To organize and operate
7- 2 such public transportation systems as are deemed
7- 3 beneficial;
7- 4 (29) Public utilities and services. To grant franchises
7- 5 or make contracts for public utilities and public
7- 6 services and to prescribe the rates, fares, regulations,
7- 7 standards, and conditions of service applicable to the
7- 8 service to be provided by the franchise grantee or
7- 9 contractor, insofar as not in conflict with valid
7-10 regulations of the Public Service Commission;
7-11 (30) Regulation of roadside areas. To prohibit or
7-12 regulate and control the erection, removal, and
7-13 maintenance of signs, billboards, trees, shrubs, fences,
7-14 buildings, and any and all other structures or
7-15 obstructions upon or adjacent to the rights-of-way of
7-16 streets and roads or within view thereof, within or
7-17 abutting the corporate limits of the town; and to
7-18 prescribe penalties and punishment for violation of such
7-19 ordinances;
7-20 (31) Retirement. To provide and maintain a retirement
7-21 plan for officers and employees of the town;
7-22 (32) Roadways. To lay out, open, extend, widen, narrow,
7-23 establish or change the grade of, abandon or close,
7-24 construct, pave, maintain, repair, clean, prevent
7-25 erosion of, and light the roads, alleys, and walkways
7-26 within the corporate limits of the town; to negotiate
7-27 and execute leases over, through, under, or across any
7-28 town property or the right-of-way of any street, road,
7-29 alley, and walkway or portion thereof within the
7-30 corporate limits of the town, for bridges, passageways,
7-31 or any other purpose or use between buildings on
7-32 opposite sides of the street and for other bridges,
7-33 overpasses, and underpasses for private use at such
7-34 location, and to charge a rental therefor in such manner
7-35 as may be provided by ordinance; to authorize and
7-36 control the construction of bridges, overpasses, and
7-37 underpasses within the corporate limits of the town; to
7-38 grant franchises and rights-of-way throughout the
7-39 streets and roads, and over the bridges and viaducts for
7-40 the use of public utilities and for private use; and to
7-41 require real estate owners to repair and maintain in a
7-42 safe condition the sidewalks adjoining their lots or
7-43 lands, and to impose penalties for failure to do so;
-7-
8- 1 (33) Sewer fees. To levy a fee, charge, or sewer tax as
8- 2 necessary to assure the acquiring, constructing,
8- 3 equipping, operating, maintaining, and extending of a
8- 4 sewage disposal plan and sewerage system and to levy on
8- 5 those to whom sewers and sewerage systems are made
8- 6 available a sewer service fee, charge, or sewer tax for
8- 7 the availability or use of the sewers; to provide for
8- 8 the manner and method of collecting such service charges
8- 9 and for enforcing payment of the same; and to charge,
8-10 impose, and collect a sewer connection fee or fees to
8-11 those connected with the system;
8-12 (34) Solid waste disposal. To provide for the
8-13 collection and disposal of garbage, rubbish, and refuse
8-14 and to regulate the collection and disposal of garbage,
8-15 rubbish, and refuse by others; to provide for the
8-16 separate collection of glass, tin, aluminum, cardboard,
8-17 paper, and other recyclable materials; and to provide
8-18 for the sale of such items;
8-19 (35) Special areas of public regulation. To regulate or
8-20 prohibit junk dealers, pawn shops, the manufacture,
8-21 sale, or transportation of intoxicating liquors, and the
8-22 use and sale of firearms; to regulate the
8-23 transportation, storage, and use of combustible,
8-24 explosive, and flammable materials, the use of lighting
8-25 and heating equipment, and any other business or
8-26 situation which may be dangerous to persons or property;
8-27 to regulate and control the conduct of peddlers and
8-28 itinerant traders, theatrical performances, exhibitions,
8-29 and shows of any kind, by taxation or otherwise; and to
8-30 license, tax, regulate, or prohibit professional
8-31 fortunetelling, palmistry, adult bookstores, and massage
8-32 parlors;
8-33 (36) Special assessments. To levy and provide for the
8-34 collection of special assessments to cover the costs for
8-35 any public improvements;
8-36 (37) Taxes: ad valorem. To levy and provide for the
8-37 assessment, valuation, revaluation, and collection of
8-38 taxes on all property subject to taxation;
8-39 (38) Taxes: other. To levy and collect such other
8-40 taxes as may be allowed now or in the future by law;
8-41 (39) Taxicabs. To regulate and license vehicles
8-42 operated for hire in the town; to limit the number of
8-43 such vehicles; to require the operators thereof to be
-8-
9- 1 licensed; to require public liability insurance on such
9- 2 vehicles in the amounts to be prescribed by ordinance;
9- 3 and to regulate the parking of such vehicles;
9- 4 (40) Urban redevelopment. To organize and operate an
9- 5 urban redevelopment program; and
9- 6 (41) Other powers. To exercise and enjoy all other
9- 7 powers, functions, rights, privileges, and immunities
9- 8 necessary or desirable to promote or protect the safety,
9- 9 health, peace, security, good order, comfort,
9-10 convenience, or general welfare of the town and its
9-11 inhabitants; to exercise all implied powers necessary to
9-12 carry into execution all powers granted in this charter
9-13 as fully and completely as if such powers were fully
9-14 stated herein; to exercise all powers now or in the
9-15 future authorized to be exercised by other municipal
9-16 governments under other laws of the State of Georgia;
9-17 and no listing of particular powers in this charter
9-18 shall be held to be exclusive of others, nor restrictive
9-19 of general words and phrases granting powers, but shall
9-20 be held to be in addition to such powers unless
9-21 expressly prohibited to municipalities under the
9-22 Constitution or applicable laws of the State of Georgia.
9-23 SECTION 1.14.
9-24 Exercise of powers.
9-25 All powers, functions, rights, privileges, and immunities of
9-26 the town, its officers, agencies, or employees shall be
9-27 carried into execution as provided by this charter. If this
9-28 charter makes no provision, such shall be carried into
9-29 execution as provided by ordinance or as provided by
9-30 pertinent laws of the State of Georgia.
9-31 GOVERNMENT STRUCTURE
9-32 SECTION 2.10.
9-33 Town council creation; number; election.
9-34 The legislative authority of the government of this town,
9-35 except as otherwise specifically provided in this charter,
9-36 shall be vested in a town council to be composed of a mayor
9-37 and four councilmembers. The mayor and councilmembers shall
9-38 be elected in the manner provided by this charter.
-9-
10- 1 SECTION 2.11.
10- 2 Town council terms and
10- 3 qualifications for office.
10- 4 The members of the town council shall serve for terms of
10- 5 four years and until their respective successors are elected
10- 6 and qualified. No person shall be eligible to serve as mayor
10- 7 or councilmember unless he or she shall have been a resident
10- 8 of the town for 12 months immediately prior to the date of
10- 9 the election of mayor or members of the town council. Each
10-10 such official shall continue to reside in the town during
10-11 his or her period of service and continue to be registered
10-12 and qualified to vote in municipal elections of this town.
10-13 SECTION 2.12.
10-14 Vacancy; suspensions.
10-15 (a) Vacancies. The office of mayor or councilmember shall
10-16 become vacant upon the incumbent's death, resignation,
10-17 forfeiture of office, or removal from office in any manner
10-18 authorized by this charter or the general laws of the State
10-19 of Georgia. A vacancy in the office of mayor or
10-20 councilmember shall be filled for the remainder of the
10-21 unexpired term, if any, as provided for in Section 5.14 of
10-22 this charter.
10-23 (b) Suspension. Upon the suspension from office of mayor or
10-24 councilmember in any manner authorized by the general laws
10-25 of the State of Georgia, the town council, or those
10-26 remaining, shall appoint a successor for the duration of the
10-27 suspension. If the suspension becomes permanent, then the
10-28 office shall become vacant and shall be filled for the
10-29 remainder of the unexpired term, if any, as provided for in
10-30 Section 5.14 of this charter.
10-31 SECTION 2.13.
10-32 Compensation and expenses.
10-33 The mayor and councilmembers shall receive compensation and
10-34 expenses for their services as provided by ordinance.
10-35 SECTION 2.14.
10-36 Conflicts of interest; holding other offices.
10-37 (a) Conflicts of interest. No elected official, appointed
10-38 officer, or employee of the town or any agency or political
10-39 entity to which this charter applies shall knowingly:
10-40 (1) Engage in any business or transaction or have a
10-41 financial or other personal interest, direct or
-10-
11- 1 indirect, which is incompatible with the proper
11- 2 discharge of his or her official duties or which would
11- 3 tend to impair the independence of his or her judgment
11- 4 or action in the performance of his or her official
11- 5 duties;
11- 6 (2) Engage in or accept private employment or render
11- 7 services for private interests when such employment or
11- 8 service is incompatible with the proper discharge of his
11- 9 or her official duties or would tend to impair the
11-10 independence of his or her judgment or action in the
11-11 performance of his or her official duties;
11-12 (3) Disclose confidential information concerning the
11-13 property, government, or affairs of the governmental
11-14 body by which he or she is engaged without proper legal
11-15 authorization or use such information to advance the
11-16 financial or other private interests of that person or
11-17 others;
11-18 (4) Accept any valuable gift, whether in the form of
11-19 service, loan, thing, or promise, from any person, firm,
11-20 or corporation which to his or her knowledge is
11-21 interested, directly or indirectly, in any manner
11-22 whatsoever, in business dealings with the governmental
11-23 body by which he or she is engaged; provided, however,
11-24 that an elected official who is a candidate for public
11-25 office may accept campaign contributions and services in
11-26 connection with any such campaign;
11-27 (5) Represent other private interests in any action or
11-28 proceeding against this town or any portion of its
11-29 government; or
11-30 (6) Vote or otherwise participate in the negotiation or
11-31 in the making of any contract with any business or
11-32 entity in which he or she has a financial interest.
11-33 (b) Disclosure. Any elected official, appointed officer,
11-34 or employee who shall have any private financial interest,
11-35 directly or indirectly, in any contract or matter pending
11-36 before or within any department of the town shall disclose
11-37 such interest to the town council. The mayor or any
11-38 councilmember who has a private financial interest in any
11-39 matter pending before the town council shall disclose such
11-40 interest, such disclosure shall be entered on the records
11-41 of the town council, and he or she shall disqualify
11-42 himself or herself from participating in any decision or
11-43 vote relating thereto. Any elected official, appointed
-11-
12- 1 officer, or employee of any agency or political entity to
12- 2 which this charter applies who shall have any private
12- 3 financial interest, directly or indirectly, in any
12- 4 contract or matter pending before or within such entity
12- 5 shall disclose such interest to the governing body of such
12- 6 agency or entity.
12- 7 (c) Use of public property. No elected official, appointed
12- 8 officer, or employee of the town or any agency or entity to
12- 9 which this charter applies shall use property owned by such
12-10 governmental entity for personal benefit, convenience, or
12-11 profit except in accordance with policies promulgated by the
12-12 town council or the governing body of such agency or entity.
12-13 (d) Contracts voidable and rescindable. Any violation of
12-14 this section which occurs with the knowledge, express or
12-15 implied, of a party to a contract or sale shall render said
12-16 contract or sale voidable at the option of the town council.
12-17 (e) Ineligibility of elected official. Except where
12-18 authorized by law, neither the mayor nor any councilmember
12-19 shall hold any other elective or compensated appointive
12-20 office in the town or otherwise be employed by said
12-21 government or any agency thereof during the term for which
12-22 he or she was elected.
12-23 (f) Political activities of certain officers and employees.
12-24 No appointed officer and no employee of the town shall
12-25 continue in such employment upon qualifying as a candidate
12-26 for nomination or election to any public office.
12-27 (g) Penalties for violation.
12-28 (1) Any town officer or employee who knowingly conceals
12-29 such financial interest or knowingly violates any of the
12-30 requirements of this section shall be guilty of
12-31 malfeasance in office or position and shall be deemed to
12-32 have forfeited his or her office or position.
12-33 (2) Any officer or employee of the town who shall
12-34 forfeit his or her office or position as described in
12-35 paragraph (1) of this subsection shall be ineligible for
12-36 appointment or election to or employment in a position
12-37 in the town government for a period of three years
12-38 thereafter.
12-39 SECTION 2.15.
12-40 Inquiries and investigations.
-12-
13- 1 The town council may make inquiries and investigations into
13- 2 the affairs of the town and the conduct of any department,
13- 3 office, or agency thereof, and for this purpose may subpoena
13- 4 witnesses, administer oaths, take testimony, and require the
13- 5 production of evidence. Any person who fails or refuses to
13- 6 obey a lawful order issued in the exercise of these powers
13- 7 by the town council shall be punished as provided by
13- 8 ordinance.
13- 9 SECTION 2.16.
13-10 General power and authority of the town council.
13-11 Except as otherwise provided by law or this charter, the
13-12 town council shall be vested with all the powers of
13-13 government of this town as provided by Article I.
13-14 SECTION 2.17.
13-15 Eminent domain.
13-16 The town council is empowered to acquire, construct,
13-17 operate, and maintain public ways, parks, public grounds,
13-18 cemeteries, markets, market houses, public buildings,
13-19 libraries, sewers, drains, sewage treatment, waterworks,
13-20 electrical systems, gas systems, airports, hospitals, and
13-21 charitable, educational, recreational, sport, curative,
13-22 corrective, detentional, penal, and medical institutions,
13-23 agencies, and facilities, and any other public improvements
13-24 inside or outside the town, and to regulate the use thereof,
13-25 and for such purposes, property may be condemned under
13-26 procedures established under general law applicable now or
13-27 as provided in the future.
13-28 SECTION 2.18.
13-29 Organizational meetings.
13-30 The mayor and town council shall hold an organizational
13-31 meeting on the first Monday in January following each
13-32 municipal election. In the event both the mayor and the
13-33 mayor pro tempore are serving terms of office which are to
13-34 expire on December 31 of that election year, the meeting
13-35 shall be called to order by the town clerk, and the oath of
13-36 office shall be administered to the newly elected members as
13-37 follows:
13-38 "I do solemnly (swear)(affirm) that I will faithfully
13-39 perform the duties of (mayor)(councilmember) of this town
13-40 and that I will support and defend the charter thereof as
13-41 well as the Constitution and laws of the State of Georgia
13-42 and of the United States of America."
-13-
14- 1 Should any official-elect be absent from said meeting, he or
14- 2 she shall take the oath of office as soon as possible
14- 3 thereafter.
14- 4 SECTION 2.19.
14- 5 Regular and special meetings.
14- 6 (a) The town council shall hold regular meetings at such
14- 7 times and places as prescribed by ordinance.
14- 8 (b) Special meetings of the town council may be held on call
14- 9 of the mayor or three members of the town council. Notice
14-10 of such special meetings shall be served on all other
14-11 members personally, or by telephone personally, at least 48
14-12 hours in advance of the meeting. Such notice to
14-13 councilmembers shall not be required if the mayor and all
14-14 councilmembers are present when the special meeting is
14-15 called. Such notice of any special meeting may be waived by
14-16 a councilmember in writing before or after such a meeting,
14-17 and attendance at the meeting shall also constitute a waiver
14-18 of notice on any business transacted in such councilmember's
14-19 presence. Only the business stated in the call may be
14-20 transacted at the special meeting.
14-21 (c) All meetings of the town council shall be public to the
14-22 extent required by law, and notice to the public of special
14-23 meetings shall be made as fully as is reasonably possible at
14-24 least 48 hours prior to such meetings.
14-25 SECTION 2.20.
14-26 Rules of Procedure.
14-27 (a) The town council shall adopt its rules of procedure and
14-28 order of business consistent with the provisions of this
14-29 charter and shall provide for keeping a journal of its
14-30 proceedings, which shall be a public record.
14-31 (b) All committees and committee chairpersons and officers
14-32 of the town council shall be appointed by the mayor and
14-33 shall serve at his or her pleasure. The mayor shall have the
14-34 power to appoint new members to any committee at any time.
14-35 SECTION 2.21.
14-36 Quorum; voting.
14-37 The mayor and three councilmembers shall constitute a quorum
14-38 and shall be authorized to transact business of the town
14-39 council. Voting on the adoption of ordinances shall be by
14-40 voice vote and the vote shall be recorded in the journal,
14-41 but any member of the town council shall have the right to
-14-
15- 1 request a roll-call vote and such vote shall be recorded in
15- 2 the journal. Except as otherwise provided in this charter,
15- 3 the affirmative vote of a majority of councilmembers shall
15- 4 be required for the adoption of any ordinance, resolution,
15- 5 or motion.
15- 6 SECTION 2.22.
15- 7 Ordinance form; procedures.
15- 8 (a) Every proposed ordinance should be introduced in writing
15- 9 and in the form required for final adoption. No ordinance
15-10 shall contain a subject which is not expressed in its title.
15-11 The enacting clause shall be "The Council of the Town of
15-12 Buckhead hereby ordains . . ." and every ordinance shall so
15-13 begin.
15-14 (b) An ordinance may be introduced by any councilmember and
15-15 be read at a regular or special meeting of the town council.
15-16 Ordinances shall be considered and adopted or rejected by
15-17 the town council in accordance with the rules which it shall
15-18 establish; provided, however, an ordinance shall not be
15-19 adopted the same day it is introduced, except for emergency
15-20 ordinances provided in Section 2.24 of this charter. Upon
15-21 introduction of any ordinance, the clerk shall as soon as
15-22 possible distribute a copy to the mayor and to each
15-23 councilmember and shall file a reasonable number of copies
15-24 in the office of the clerk and at such other public places
15-25 as the town council may designate.
15-26 SECTION 2.23.
15-27 Action requiring an ordinance.
15-28 Acts of the town council which have the force and effect of
15-29 law shall be enacted by ordinance.
15-30 SECTION 2.24.
15-31 To meet a public emergency affecting life, health, property,
15-32 or public peace, the town council may convene on call of the
15-33 mayor or two councilmembers and may promptly adopt an
15-34 emergency ordinance, but such ordinance may not levy taxes;
15-35 grant, renew, or extend a franchise; regulate the rate
15-36 charged by any public utility for its services; or authorize
15-37 the borrowing of money except for loans to be repaid within
15-38 30 days. An emergency ordinance shall be introduced in the
15-39 form prescribed for ordinances generally, except that it
15-40 shall be plainly designated as an emergency ordinance and
15-41 shall contain, after the enacting clause, a declaration
-15-
16- 1 stating that an emergency exists and describing such
16- 2 emergency in clear and specific terms. An emergency
16- 3 ordinance may be adopted, with or without amendment, or
16- 4 rejected at the meeting at which it is introduced, but the
16- 5 affirmative vote of at least three councilmembers shall be
16- 6 required for adoption. It shall become effective upon
16- 7 adoption or at such later time as it may specify. Every
16- 8 emergency ordinance shall automatically stand repealed 30
16- 9 days following the date upon which it was adopted, but this
16-10 shall not prevent reenactment of the ordinance in the manner
16-11 specified in this section if the emergency still exists. An
16-12 emergency ordinance may also be repealed by adoption of a
16-13 repealing ordinance in the same manner specified in this
16-14 section for adoption of emergency ordinances.
16-15 SECTION 2.25.
16-16 Codes of technical regulations.
16-17 (a) The town council may adopt any standard code of
16-18 technical regulations by reference thereto in an adopting
16-19 ordinance. The procedure and requirements governing such
16-20 adopting ordinance shall be as prescribed for ordinances
16-21 generally except that: (1) the requirements of subsection
16-22 (b) of Section 2.22 of this charter for distribution and
16-23 filing of copies of the ordinance shall be construed to
16-24 include copies of any code of technical regulations, as well
16-25 as the adopting ordinance; and (2) a copy of each adopted
16-26 code of technical regulations, as well as the adopting
16-27 ordinance, shall be authenticated and recorded by the clerk
16-28 pursuant to Section 2.26 of this charter.
16-29 (b) Copies of any adopted code of technical regulations
16-30 shall be made available by the clerk for distribution or for
16-31 purchase at a reasonable price.
16-32 SECTION 2.26.
16-33 Signing; authenticating; recording;
16-34 codification; printing.
16-35 (a) The clerk shall authenticate by his or her signature and
16-36 record in full in a properly indexed book kept for that
16-37 purpose all ordinances adopted by the town council.
16-38 (b) The town council shall provide for the preparation of a
16-39 general codification of all the ordinances of the town
16-40 having the force and effect of law. The general
16-41 codification shall be adopted by the town council by
16-42 ordinance and shall be published promptly, together with all
16-43 amendments thereto and such codes of technical regulations
-16-
17- 1 and other rules and regulations as the town council may
17- 2 specify. This compilation shall be known and cited
17- 3 officially as "The Code of the Town of Buckhead, Georgia."
17- 4 Copies of the code shall be furnished to all officers,
17- 5 departments, and agencies of the town and shall be made
17- 6 available for purchase by the public at a reasonable price
17- 7 as fixed by the town council.
17- 8 (c) The town council shall cause each ordinance and each
17- 9 amendment to this charter to be printed promptly following
17-10 its adoption, and the printed ordinances and charter
17-11 amendments shall be made available for purchase by the
17-12 public at reasonable prices to be fixed by the town council.
17-13 Following publication of the first code under this charter
17-14 and at all times thereafter, the ordinances and charter
17-15 amendments shall be printed in substantially the same style
17-16 as the code currently in effect and shall be suitable in
17-17 form for incorporation therein. The town council shall make
17-18 such further arrangements as deemed desirable with the
17-19 reproduction and distribution of any current changes in or
17-20 additions to codes of technical regulations and other rules
17-21 and regulations included in the code.
17-22 SECTION 2.27.
17-23 Election of mayor; forfeiture; compensation.
17-24 The mayor shall be elected and shall serve for a term of
17-25 four years and until his or her successor is elected and
17-26 qualified. The mayor shall be a qualified elector of this
17-27 town and shall have been a resident of the town immediately
17-28 preceding his or her election. The mayor shall continue to
17-29 reside in this town during the period of his or her service.
17-30 He or she shall forfeit his or her office on the same
17-31 grounds and under the same procedure as for councilmembers.
17-32 The compensation of the mayor shall be established in the
17-33 same manner as for councilmembers.
17-34 SECTION 2.28.
17-35 Mayor pro tempore.
17-36 By a majority vote, the town council shall elect a
17-37 councilmember to serve as mayor pro tempore. The mayor pro
17-38 tempore shall assume the duties and powers of the mayor
17-39 during the mayor's disability or absence. Any such
17-40 disability or absence shall be declared by a majority vote
17-41 of the town council.
17-42 SECTION 2.29.
17-43 Powers and duties of mayor.
-17-
18- 1 The mayor shall:
18- 2 (1) Preside at all meetings of the town council;
18- 3 (2) Be the head of the town for the purpose of service
18- 4 of process and for ceremonial purposes and be the
18- 5 official spokesperson for the town and the chief
18- 6 advocate of policy;
18- 7 (3) Have the power to administer oaths and to take
18- 8 affidavits;
18- 9 (4) Sign as a matter of course on behalf of the town all
18-10 written and approved contracts, ordinances, and other
18-11 instruments executed by the town which by law are
18-12 required to be in writing;
18-13 (5) Vote on matters before the town council only in case
18-14 of a tie vote and be counted toward a quorum as any
18-15 other councilmember;
18-16 (6) Prepare and submit to the town council a recommended
18-17 annual operating budget and recommended capital budget;
18-18 and
18-19 (7) Fulfill such other executive and administrative
18-20 duties as the town council shall by ordinance establish.
18-21 SECTION 2.30.
18-22 Mayor pro tempore; selection; duties.
18-23 By a majority vote, the town council shall elect a
18-24 councilmember to serve as mayor pro tempore. The mayor pro
18-25 tempore shall preside at all meetings of the town council
18-26 and shall assume the duties and powers of the mayor upon the
18-27 mayor's disability or absence. The town council by a
18-28 majority vote shall elect a new presiding officer from among
18-29 its members for any period in which the mayor pro tempore is
18-30 disabled, absent, or acting as mayor. Any such absence or
18-31 disability shall be declared by majority vote of all
18-32 councilmembers.
18-33 ADMINISTRATIVE AFFAIRS
18-34 SECTION 3.10.
18-35 Administrative and service departments.
18-36 (a) Except as otherwise provided in this charter, the town
18-37 council by ordinance shall prescribe the functions or duties
18-38 of and establish, abolish, or alter all nonelective offices,
18-39 positions of employment, departments, and agencies of the
-18-
19- 1 town as necessary for the proper administration of the
19- 2 affairs and government of the town.
19- 3 (b) Except as otherwise provided by this charter or by law,
19- 4 the directors of departments and other appointed officers of
19- 5 the town shall be appointed solely on the basis of their
19- 6 respective administrative and professional qualifications.
19- 7 (c) All appointed officers and directors of departments
19- 8 shall receive such compensation as prescribed by ordinance.
19- 9 (d) There shall be a director of each department or agency
19-10 who shall be its principal officer. Each director shall,
19-11 subject to the direction and supervision of the mayor, be
19-12 responsible for the administration and direction of the
19-13 affairs and operations of his or her department or agency.
19-14 (e) All directors under the supervision of the mayor shall
19-15 be nominated by the mayor with confirmation of appointment
19-16 by the town council. The mayor, upon direction of the town
19-17 council, may suspend or remove directors under his or her
19-18 supervision, but such suspension or removal shall not be
19-19 effective for seven calendar days following the mayor giving
19-20 written notice of such action and the reasons therefor to
19-21 the director involved and to the town council. The director
19-22 involved may appeal to the town council which, after a
19-23 hearing, may override the mayor's action by a vote of three
19-24 councilmembers.
19-25 SECTION 3.11.
19-26 Boards, commissions, and authorities.
19-27 (a) The town council shall create by ordinance such boards,
19-28 commissions, and authorities to fulfill any investigative,
19-29 quasi-judicial, or quasi-legislative function the town
19-30 council deems necessary and shall by ordinance establish the
19-31 composition, period of existence, duties, and powers
19-32 thereof.
19-33 (b) All members of boards, commissions, and authorities of
19-34 the town shall be appointed by the town council for such
19-35 terms of office and in such manner as shall be provided by
19-36 ordinance, except where other appointing authority, terms of
19-37 office, or manner of appointment is prescribed by this
19-38 charter or by law.
19-39 (c) The town council by ordinance may provide for the
19-40 compensation and reimbursement for actual and necessary
19-41 expenses of the members of any board, commission, or
19-42 authority.
-19-
20- 1 (d) Except as otherwise provided by this charter or by law,
20- 2 no member of any board, commission, or authority shall hold
20- 3 any elective office in the town.
20- 4 (e) Any vacancy on a board, commission, or authority of the
20- 5 town shall be filled for the unexpired term in the manner
20- 6 prescribed in this section for original appointment, except
20- 7 as otherwise provided by this charter or by law.
20- 8 (f) No member of a board, commission, or authority shall
20- 9 assume office until he or she has executed and filed with
20-10 the clerk of the town an oath obligating himself or herself
20-11 to faithfully and impartially perform the duties of his or
20-12 her office, such oath to be prescribed by ordinance and
20-13 administered by the mayor.
20-14 (g) Any member of a board, commission, or authority may be
20-15 removed from office for cause by a vote of three members of
20-16 the town council.
20-17 (h) Except as otherwise provided by this charter or by law,
20-18 each board, commission, or authority of the town shall elect
20-19 one of its members as chairperson and one member as vice
20-20 chairperson and may elect as its secretary one of its own
20-21 members or may appoint as secretary an employee of the town.
20-22 Each board shall pass rules and regulations, not
20-23 inconsistent with this charter, ordinances of the town, or
20-24 law, as it deems appropriate and necessary for the
20-25 fulfillment of its duties or the conduct of its affairs.
20-26 Copies of such rules and regulations shall be filed with the
20-27 clerk of the town.
20-28 SECTION 3.12.
20-29 Town attorney.
20-30 The town council shall appoint a town attorney, together
20-31 with such assistant town attorneys as may be authorized, and
20-32 shall provide for the payment of such attorney or attorneys
20-33 for services rendered to the town. The town attorney shall
20-34 be responsible for representing and defending the town in
20-35 all litigation in which the town is a party; may be
20-36 prosecuting officer in the municipal court; shall attend the
20-37 meetings of the council as directed; shall advise the town
20-38 council, mayor, and other officers and employees of the town
20-39 concerning legal aspects of the town's affairs; and shall
20-40 perform such other duties as may be required of him or her
20-41 by virtue of his or her position as town attorney.
-20-
21- 1 SECTION 3.13.
21- 2 The town council shall appoint a town clerk who shall not be
21- 3 a councilmember. The town clerk shall be custodian of the
21- 4 official town seal; maintain town council records required
21- 5 by this charter; and perform such other duties as may be
21- 6 required by the town council.
21- 7 SECTION 3.14.
21- 8 Town treasurer.
21- 9 The town council shall appoint a town treasurer to collect
21-10 all taxes, licenses, fees, and other moneys belonging to the
21-11 town subject to the provisions of this charter and the
21-12 ordinances of the town and to enforce all laws of Georgia
21-13 relating to the collection of delinquent taxes and sale or
21-14 foreclosure for nonpayment of taxes by the town. The town
21-15 treasurer shall also be responsible for the general duties
21-16 of a treasurer and fiscal officer.
21-17 SECTION 3.15.
21-18 Town accountant.
21-19 The town council shall appoint a town accountant to perform
21-20 the duties of an accountant.
21-21 SECTION 3.16.
21-22 Position classification and pay plans.
21-23 The mayor shall be responsible for the preparation of a
21-24 position classification and pay plan which shall be
21-25 submitted to the town council for approval. Such plan may
21-26 apply to all employees of the town and any of its agencies,
21-27 departments, boards, commissions, or authorities. When a
21-28 pay plan has been adopted, the town council shall not
21-29 increase or decrease the salary range applicable to any
21-30 position except by amendment of such pay plan. For purposes
21-31 of this section, all elected and appointed town officials
21-32 are not town employees.
21-33 SECTION 3.17.
21-34 Personnel policies.
21-35 The town council shall adopt rules and regulations
21-36 consistent with this charter concerning: (1) the method of
21-37 employee selection and probationary periods of employment;
21-38 (2) the administration of the position classification and
21-39 pay plan, methods of promotion and application of service
21-40 ratings thereto, and transfer of employees within the
-21-
22- 1 classification plan; (3) hours of work, vacation, sick
22- 2 leave, other leaves of absence, overtime pay, and the order
22- 3 and manner in which layoffs shall be effected; (4) such
22- 4 dismissal hearings as due process may require; and (5) such
22- 5 other personnel notices as may be necessary to provide for
22- 6 adequate and systematic handling of personnel affairs.
22- 7 JUDICIAL BRANCH
22- 8 SECTION 4.10.
22- 9 Creation; name.
22-10 There shall be a court to be known as the Municipal Court of
22-11 the Town of Buckhead.
22-12 SECTION 4.11.
22-13 Chief judge; associate judge.
22-14 (a) The municipal court shall be presided over by a chief
22-15 judge and such part-time, full-time, or stand-by judges as
22-16 shall be provided by ordinance. The method of selection and
22-17 terms of such judges shall be provided by ordinance.
22-18 (b) No person shall be qualified or eligible to serve as a
22-19 judge on the municipal court unless he or she shall have
22-20 attained the age of 25 years and shall have a high school
22-21 diploma or its equivalent. The chief judge shall be
22-22 nominated and appointed by the mayor and council and shall
22-23 serve at the pleasure of the mayor and council. All other
22-24 judges shall be nominated by the chief judge and appointed
22-25 by the mayor and council.
22-26 (c) Compensation of the judges shall be fixed by ordinance.
22-27 (d) Judges may be removed for cause by an affirmative vote
22-28 of three members of the town council.
22-29 (e) Before assuming office, each judge shall take an oath,
22-30 given by the mayor, that he or she will honestly and
22-31 faithfully discharge the duties of his or her office to the
22-32 best of his or her ability and without fear, favor, or
22-33 partiality. The oath shall be entered upon the minutes of
22-34 the town council journal required in Section 2.20 of this
22-35 charter.
22-36 SECTION 4.12.
22-37 The municipal court shall be convened at regular intervals
22-38 as provided by ordinance.
-22-
23- 1 SECTION 4.13.
23- 2 Jurisdiction; powers.
23- 3 (a) The municipal court shall try and punish violations of
23- 4 this charter, all town ordinances, and such other violations
23- 5 as provided by law.
23- 6 (b) The municipal court shall have authority to punish those
23- 7 in its presence for contempt, provided that such punishment
23- 8 shall not exceed $200.00 or ten days in jail.
23- 9 (c) The municipal court may fix punishment for offenses
23-10 within its jurisdiction not exceeding a fine of $1,000.00 or
23-11 imprisonment for six months or both such fine and
23-12 imprisonment or may fix punishment by fine, imprisonment, or
23-13 alternative sentencing as now or hereafter provided by law.
23-14 (d) The municipal court shall have authority to establish a
23-15 schedule of fees to defray the cost of operation and shall
23-16 be entitled to reimbursement of the cost of meals,
23-17 transportation, and caretaking of prisoners bound over to
23-18 superior courts for violations of state law.
23-19 (e) The municipal court shall have authority to establish
23-20 bail and recognizances to ensure the presence of those
23-21 charged with violations before said court and shall have
23-22 discretionary authority to accept cash or personal or real
23-23 property as surety for the appearance of persons charged
23-24 with violations. Whenever any person shall give bail for
23-25 his or her appearance and shall fail to appear at the time
23-26 fixed for trial, his or her bond shall be forfeited by the
23-27 judge presiding at such time and an execution issued thereon
23-28 by serving the defendant and his or her sureties with a rule
23-29 nisi at least two days before a hearing on the rule nisi.
23-30 In the event that cash or property is accepted in lieu of
23-31 bond for security for the appearance of a defendant at
23-32 trial, and if such defendant fails to appear at the time and
23-33 place fixed for trial, the cash so deposited shall be on
23-34 order of the judge declared forfeited to the town or the
23-35 property so deposited shall have a lien against it for the
23-36 value forfeited, which lien shall be enforceable in the same
23-37 manner and to the same extent as a lien for town property
23-38 taxes.
23-39 (f) The municipal court shall have the same authority as
23-40 superior courts to compel the production of evidence in the
23-41 possession of any party; to enforce obedience to its orders,
23-42 judgments and sentences; and to administer such oaths as are
23-43 necessary.
-23-
24- 1 (g) The municipal court may compel the presence of all
24- 2 parties necessary to a proper disposal of each case by the
24- 3 issuance of summonses, subpoenas, and warrants which may be
24- 4 served as executed by any officer as authorized by this
24- 5 charter or by law.
24- 6 (h) Each judge of the municipal court shall be authorized to
24- 7 issue warrants for the arrest of persons charged with
24- 8 offenses against any ordinance of the town, and each judge
24- 9 of the municipal court shall have the same authority as a
24-10 magistrate of the state to issue warrants for offenses
24-11 against state laws committed within the town.
24-12 (i) The municipal court is specifically vested with all the
24-13 jurisdiction and powers throughout the geographic area of
24-14 this town granted by law to mayor's, recorder's and police
24-15 courts, and particularly by such laws as authorize the
24-16 abatement of nuisances and prosecution of traffic
24-17 violations.
24-18 SECTION 4.14.
24-19 The right of certiorari from the decision and judgment of
24-20 the municipal court shall exist in all criminal cases and
24-21 ordinance violations cases, and such certiorari shall be
24-22 obtained under the sanction of a judge of the Superior Court
24-23 of Morgan County under the laws of the State of Georgia
24-24 regulating the granting and issuance of writs of certiorari.
24-25 SECTION 4.15.
24-26 Rules for court.
24-27 With the approval of the town council, the judge shall have
24-28 full power and authority to make reasonable rules and
24-29 regulations necessary and proper to secure the efficient and
24-30 successful administration of the municipal court; provided,
24-31 however, that the town council may adopt in part or in toto
24-32 the rules and regulations applicable to superior courts. The
24-33 rules and regulations made or adopted shall be filed with
24-34 the town clerk shall be available for public inspection,
24-35 and, upon request, a copy shall be furnished to all
24-36 defendants in municipal court proceedings at least 48 hours
24-37 prior to said proceedings.
24-38 ELECTIONS AND REMOVAL
24-39 SECTION 5.10.
24-40 Applicability of general law.
-24-
25- 1 All primaries and elections shall be held and conducted in
25- 2 accordance with Chapter 2 of Title 21 of the Official Code
25- 3 of Georgia Annotated, known as the "Georgia Election Code."
25- 4 SECTION 5.11.
25- 5 Regular elections; time for holding.
25- 6 On the first Tuesday following the first Monday in November,
25- 7 1999, and on that day quadrennially thereafter, there shall
25- 8 be an election for the mayor and town council. The terms of
25- 9 office shall begin at the time of taking the oath of office
25-10 as provided in Section 2.18 of this charter.
25-11 SECTION 5.12.
25-12 Nonpartisan elections.
25-13 Political parties shall not conduct primaries for town
25-14 offices and all names of candidates for town offices shall
25-15 be listed without party designations.
25-16 SECTION 5.13.
25-17 Election by plurality.
25-18 The person receiving a plurality of the votes cast for any
25-19 town office shall be elected.
25-20 SECTION 5.14.
25-21 Filling of vacancies.
25-22 In the event that the office of mayor or councilmember shall
25-23 become vacant for any cause whatsoever, the town council or
25-24 those members remaining shall appoint a successor for the
25-25 remainder of the term.
25-26 SECTION 5.15.
25-27 Other provisions.
25-28 Except as otherwise provided by this charter, the town
25-29 council shall by ordinance prescribe such rules and
25-30 regulations as it deems appropriate to fulfill any options
25-31 and duties under the Chapter 2 of Title 21 of the Official
25-32 Code of Georgia Annotated, known as the "Georgia Election
25-33 Code".
25-34 SECTION 5.16.
25-35 Removal of officers.
25-36 The mayor, councilmembers, or other appointed officers
25-37 provided for in this charter shall be removed from office
25-38 for any one or more of the following causes:
-25-
26- 1 (1) By an order of the Superior Court of Morgan County
26- 2 following a hearing on a complaint seeking such removal
26- 3 brought by any resident of the Town of Buckhead.
26- 4 (2) By recall pursuant to Georgia law; or
26- 5 (3) Pursuant to the terms of general law.
26- 6 SECTION 6.10.
26- 7 Property tax.
26- 8 The town council may assess, levy, and collect an ad valorem
26- 9 tax on all real and personal property within the corporate
26-10 limits of the town that is subject to such taxation by the
26-11 state and county. This tax is for the purpose of raising
26-12 revenues to defray the costs of operating the town
26-13 government, of providing governmental services, for the
26-14 repayment of principal and interest on general obligations,
26-15 and for any other public purpose as determined by the town
26-16 council in its discretion.
26-17 SECTION 6.11.
26-18 Millage rate; due dates; payment methods.
26-19 The town council by ordinance shall establish a millage rate
26-20 for the town property tax, a due date, and the time period
26-21 within which these taxes must be paid. The town council by
26-22 ordinance may provide for the payment of these taxes by
26-23 installments or in one lump sum, as well as authorize the
26-24 voluntary payment of taxes prior to the time when due.
26-25 SECTION 6.12.
26-26 Occupation and business taxes.
26-27 The town council by ordinance shall have the power to levy
26-28 such occupation or business taxes as are not denied by law.
26-29 Such taxes may be levied on both individuals and
26-30 corporations who transact business in this town or who
26-31 practice or offer to practice any profession or calling
26-32 therein to the extent such persons have a constitutionally
26-33 sufficient nexus to this town to be so taxed. The town
26-34 council may classify businesses, occupations, professions,
26-35 or callings for the purpose of such taxation in any way
26-36 which may be lawful and may compel the payment of such taxes
26-37 as provided in Section 6.18 of this charter.
26-38 SECTION 6.13.
26-39 Licenses; permits; fees.
-26-
27- 1 The town council by ordinance shall have the power to
27- 2 require any individuals or corporations who transact
27- 3 business in this town or who practice or offer to practice
27- 4 any profession or calling therein to obtain a license or
27- 5 permit for such activity from the town and pay a reasonable
27- 6 fee for such license or permit where such activities are not
27- 7 now regulated by general law in such a way as to preclude
27- 8 town regulations. Such fees may reflect the total cost to
27- 9 the town of regulating the activity and, if unpaid, shall be
27-10 collected as provided in Section 6.18 of this charter. The
27-11 town council by ordinance may establish reasonable
27-12 requirements for obtaining or keeping such licenses as the
27-13 public health, safety, and welfare necessitates.
27-14 SECTION 6.14.
27-15 The town council shall have the power to grant franchises
27-16 for the use of this town's streets and alleys for the
27-17 purposes of railroads, street railways, telephone companies,
27-18 electric companies, cable television, gas companies,
27-19 transportation companies, and other similar organizations.
27-20 The town council shall determine the duration, terms,
27-21 whether the same shall be exclusive or nonexclusive, and the
27-22 consideration for such franchises; provided, however, no
27-23 franchise shall be granted unless the town receives just and
27-24 adequate compensation therefor. The town council shall
27-25 provide for the registration of all franchises with the town
27-26 clerk in a registration book kept by the clerk. The town
27-27 council may provide by ordinance for the registration within
27-28 a reasonable time of all franchises previously granted.
27-29 SECTION 6.15.
27-30 Service charges.
27-31 The town council by ordinance shall have the power to assess
27-32 and collect fees, charges, and tolls for sewers, sanitary
27-33 and health services, or any other services provided or made
27-34 available within and outside the corporate limits of the
27-35 town for the total cost to the town of providing or making
27-36 available such services. If unpaid, such fees, charges, and
27-37 tolls shall be collected as provided in Section 6.18 of this
27-38 charter.
27-39 SECTION 6.16.
27-40 Special assessments.
27-41 The town council by ordinance shall have the power to assess
27-42 and collect the cost of constructing, reconstructing,
-27-
28- 1 widening, or improving any public way, street, sidewalk,
28- 2 curbing, gutters, sewers, or other utility mains and
28- 3 appurtenances from the abutting property owners under such
28- 4 terms and conditions as are reasonable. If unpaid, such
28- 5 charges shall be collected as provided in Section 6.18 of
28- 6 this charter.
28- 7 SECTION 6.17.
28- 8 Construction; other taxes.
28- 9 This town shall be empowered to levy any other tax allowed
28-10 now or hereafter by law, and the specific mention of any
28-11 right, power, or authority in this article shall not be
28-12 construed as limiting in any way the general powers of this
28-13 town to govern its local affairs.
28-14 SECTION 6.18.
28-15 Collection of delinquent taxes and fees.
28-16 The town council by ordinance may provide generally for the
28-17 collection of delinquent taxes, fees, or other revenue due
28-18 the town under Sections 6.10 through 6.17 of this charter by
28-19 whatever reasonable means as are not precluded by law. This
28-20 shall include providing for the dates when the taxes or fees
28-21 are due; late penalties or interest; issuance and execution
28-22 of fi.fas.; creation and priority of liens; making
28-23 delinquent taxes and fees personal debts of the persons
28-24 required to pay the taxes or fees imposed; revoking town
28-25 licenses for failure to pay any town taxes or fees; and
28-26 providing for the assignment or transfer of tax executions.
28-27 SECTION 6.19.
28-28 General obligation bonds.
28-29 The town council shall have the power to issue bonds for the
28-30 purpose of raising revenue to carry out any project,
28-31 program, or venture authorized under this charter or the
28-32 laws of the state. Such bonding authority shall be
28-33 exercised in accordance with the laws governing bond
28-34 issuance by municipalities in effect at the time said issue
28-35 is undertaken.
28-36 SECTION 6.20.
28-37 Revenue bonds.
28-38 Revenue bonds may be issued by the town council as state law
28-39 now or hereafter provides. Such bonds are to be paid out of
28-40 any revenue produced by the project, program, or venture for
28-41 which they were issued.
-28-
29- 1 SECTION 6.21.
29- 2 Short-term loans.
29- 3 The town may obtain short-term loans and must repay such
29- 4 loans not later than December 31 of each year, unless
29- 5 otherwise provided by law.
29- 6 SECTION 6.22.
29- 7 The town council shall set the fiscal year by ordinance.
29- 8 This fiscal year shall constitute the budget year and the
29- 9 year for financial accounting and reporting of each and
29-10 every office, department, agency, and activity of the town
29-11 government.
29-12 SECTION 6.23.
29-13 Preparation of budgets.
29-14 The town council shall provide an ordinance on the
29-15 procedures and requirements for the preparation and
29-16 execution of an annual operating budget, a capital
29-17 improvements program, and a capital budget, including
29-18 requirements as to the scope, content, and form of such
29-19 budgets and programs.
29-20 SECTION 6.24.
29-21 Submission of operating budget to town council.
29-22 On or before a date fixed by the town council but not later
29-23 than 45 days prior to the beginning of each fiscal year, the
29-24 mayor shall submit to the town council a proposed operating
29-25 budget for the ensuing fiscal year. The budget shall be
29-26 accompanied by a message from the mayor containing a
29-27 statement of the general fiscal policies of the town, the
29-28 important features of the budget, explanations of major
29-29 changes recommended for the next fiscal year, a general
29-30 summary of the budget, and such other comments and
29-31 information as he or she may deem pertinent. The operating
29-32 budget and the capital improvements budget provided for in
29-33 Section 6.28 of this charter, the budget message, and all
29-34 supporting documents shall be filed in the office of the
29-35 town clerk and shall be open to public inspection.
29-36 SECTION 6.25.
29-37 Action by town council on budget.
29-38 (a) The town council may amend the operating budget proposed
29-39 by the mayor, except that the budget as finally amended and
29-40 adopted must provide for all expenditures required by state
-29-
30- 1 law or by other provisions of this charter and for all debt
30- 2 service requirements for the ensuing fiscal year, and the
30- 3 total appropriations from any fund shall not exceed the
30- 4 estimated fund balance, reserves, and revenues.
30- 5 (b) The town council by ordinance shall adopt the final
30- 6 operating budget for the ensuing fiscal year not later than
30- 7 the thirty-first day of June each year. If the town council
30- 8 fails to adopt the budget by this date, the amounts
30- 9 appropriated for operation for the current fiscal year shall
30-10 be deemed adopted for the ensuing fiscal year on a
30-11 month-to-month basis, with all items prorated accordingly
30-12 until such time as the town council adopts a budget for the
30-13 ensuing fiscal year. Adoption of the budget shall take the
30-14 form of an appropriations ordinance setting out the
30-15 estimated revenues in detail by sources and making
30-16 appropriations according to fund and by organizational unit,
30-17 purpose, or activity as set out in the budget preparation
30-18 ordinance adopted pursuant to Section 6.23 of this charter.
30-19 (c) The amount set out in the adopted operating budget for
30-20 each organizational unit shall constitute the annual
30-21 appropriation for such, and no expenditure shall be made or
30-22 encumbrance created in excess of the otherwise encumbered
30-23 balance of the appropriation or allotment thereof to which
30-24 it is chargeable.
30-25 SECTION 6.26.
30-26 Following adoption of the operating budget, the town council
30-27 shall levy by ordinance such taxes as are necessary. The
30-28 taxes and tax rates set by such ordinance shall be such that
30-29 reasonable estimates of revenues from such levy shall at
30-30 least be sufficient, together with other anticipated
30-31 revenues, fund balances, and applicable reserves, to equal
30-32 the total amount appropriated for each of the several funds
30-33 set forth in the annual operating budget for defraying the
30-34 expenses of the general government of this town.
30-35 SECTION 6.27.
30-36 Changes in appropriations.
30-37 The town council by ordinance may make changes in the
30-38 appropriations contained in the current operating budget at
30-39 any regular meeting or any special or emergency meeting
30-40 called for such purpose, but any additional appropriations
30-41 may be made only from an existing unexpended surplus.
-30-
31- 1 SECTION 6.28.
31- 2 Capital improvements budget.
31- 3 (a) On or before the date fixed by the town council but no
31- 4 later than 45 days prior to the beginning of each fiscal
31- 5 year, the mayor shall submit to the town council a proposed
31- 6 capital improvements budget with his or her recommendations
31- 7 as to the means of financing the improvements proposed for
31- 8 the ensuing fiscal year. The town council shall have power
31- 9 to accept, with or without amendments, or reject the
31-10 proposed program and proposed means of financing. The town
31-11 council shall not authorize an expenditure for the
31-12 constructing of any building, structure, work, or
31-13 improvement unless the appropriations for such project are
31-14 included in the capital improvements budget, except to meet
31-15 a public emergency as provided in Section 2.24 of this
31-16 charter.
31-17 (b) The town council shall adopt by ordinance the final
31-18 capital improvements budget for the ensuing fiscal year not
31-19 later than the thirty-first day of June of each year. No
31-20 appropriation provided in a prior capital improvements
31-21 budget shall lapse until the purpose for which the
31-22 appropriation was made shall have been accomplished or
31-23 abandoned; provided, however, the mayor may submit
31-24 amendments to the capital improvements budget at any time
31-25 during the fiscal year, accompanied by his or her
31-26 recommendations. Any such amendments to the capital
31-27 improvements budget shall become effective only upon
31-28 adoption by ordinance.
31-29 SECTION 6.29.
31-30 Independent audit.
31-31 There shall be an annual independent audit of all town
31-32 accounts, funds, and financial transactions by a certified
31-33 public accountant selected by the town council. The audit
31-34 shall be conducted according to generally accepted
31-35 accounting principles. Any audit of any funds by the state
31-36 or federal governments may be accepted as satisfying the
31-37 requirements of this charter. Copies of all audit reports
31-38 shall be available at printing costs to the public.
31-39 SECTION 6.30.
31-40 Contracting procedures.
31-41 No contract with the town shall be binding on the town
31-42 unless:
-31-
32- 1 (1) It is in writing;
32- 2 (2) It is drawn by or submitted to and reviewed by the
32- 3 town attorney and, as a matter of course, it is signed
32- 4 by the town attorney to indicate such drafting or
32- 5 review; and
32- 6 (3) It is made or authorized by the town council and
32- 7 such approval is entered in the town journal of
32- 8 proceedings pursuant to Section 2.21 of this charter.
32- 9 SECTION 6.31.
32-10 Centralized purchasing.
32-11 The town council shall by ordinance prescribe procedures for
32-12 a system of centralized purchasing for the town.
32-13 SECTION 6.32.
32-14 Sale of town property.
32-15 (a) The town council may sell and convey any real or
32-16 personal property owned or held by the town for governmental
32-17 or other purposes as now or hereafter provided by law.
32-18 (b) The town council may quitclaim any rights it may have in
32-19 property not needed for public purposes upon report by the
32-20 mayor and adoption of a resolution, both finding that the
32-21 property is not needed for public or other purposes and that
32-22 the interest of the town has no readily ascertainable
32-23 monetary value.
32-24 (c) Whenever in opening, extending, or widening any street,
32-25 avenue, alley, or public place of the town, a small parcel
32-26 or tract of land is cut off or separated by such work from a
32-27 larger tract or boundary of land owned by the town, the town
32-28 council may authorize the mayor to execute and deliver in
32-29 the name of the town a deed conveying said cut-off or
32-30 separated parcel or tract of land to an abutting or
32-31 adjoining property owner or owners in exchange for
32-32 rights-of-way of said street, avenue, alley, or public place
32-33 when such exchange is deemed to be in the best interest of
32-34 the town. All deeds and conveyances heretofore and
32-35 hereafter so executed and delivered shall convey all title
32-36 and interest the town has in such property, notwithstanding
32-37 the fact that no public sale after advertisement was or is
32-38 hereafter made.
32-39 GENERAL PROVISIONS
-32-
33- 1 SECTION 7.10.
33- 2 Bonds for officials.
33- 3 The officers and employees of this town, both elected and
33- 4 appointed, shall execute such surety or fidelity bonds in
33- 5 such amounts and upon such terms and conditions as the town
33- 6 council shall from time to time require by ordinance or as
33- 7 may be provided by law.
33- 8 SECTION 7.11.
33- 9 Prior ordinances.
33-10 All ordinances, resolutions, rules, and regulations that are
33-11 now in force in the town and are not inconsistent with this
33-12 charter are declared valid and of full effect and force
33-13 until amended or repealed by the town council.
33-14 SECTION 7.12.
33-15 First election under this charter.
33-16 The first municipal election shall be the first Tuesday
33-17 following the first Monday in November, 1999, at which the
33-18 mayor's and all councilmembers' positions shall be filled.
33-19 SECTION 7.13.
33-20 Existing personnel and officers.
33-21 Except as specifically provided otherwise by this charter,
33-22 all personnel and officers of the town and their rights,
33-23 privileges, and powers shall continue beyond the time this
33-24 charter takes effect for a period of 365 days before or
33-25 during which the existing town council shall pass a
33-26 transition ordinance detailing the changes in personnel and
33-27 appointed officers required or desired and arranging such
33-28 titles, rights, privileges, and powers as may be required or
33-29 desired to allow a reasonable transition.
33-30 SECTION 7.14.
33-31 Pending matters.
33-32 Except as specifically provided otherwise by this charter,
33-33 all rights, claims, actions, orders, contracts, and legal or
33-34 administrative proceedings shall continue, and any such
33-35 ongoing work or cases shall be completed by such town
33-36 agencies, personnel, or offices as may be provided by the
33-37 town council.
33-38 SECTION 7.15.
33-39 Construction.
-33-
34- 1 (a) Section captions in this charter are informative only
34- 2 and are not to be considered as a part thereof.
34- 3 (b) The word "shall" is mandatory and the word "may" is
34- 4 permissive.
34- 5 (c) The singular shall include the plural, the masculine
34- 6 shall include the feminine, and vice versa.
34- 7 SECTION 7.16.
34- 8 Severability.
34- 9 If any article, section, subsection, paragraph, sentence, or
34-10 part thereof of this charter shall be held to be invalid or
34-11 unconstitutional, such invalidity or unconstitutionality
34-12 shall not affect or impair other parts of this charter
34-13 unless it clearly appears that such other parts are wholly
34-14 and necessarily dependent upon the part held to be invalid
34-15 or unconstitutional, it being the legislative intent in
34-16 enacting this charter that each article, section,
34-17 subsection, paragraph, sentence, or part thereof be enacted
34-18 separately and independent of each other.
34-19 SECTION 7.17.
34-20 Effective date.
34-21 This charter shall become effective on July 1, 1999.
34-22 SECTION 7.18.
34-23 An Act incorporating the Town of Buckhead in the County of
34-24 Morgan, approved August 17, 1908 (Ga. L. 1908, p. 488), is
34-25 repealed in its entirety. All laws and parts of laws in
34-26 conflict with this Act are repealed.
-34-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/19/99
