| HB 839 - Newton, City of; new charter |
First Reader Summary
A BILL to provide a new charter for the City of Newton; and for
other purposes.
| House |
Action |
Senate |
| 3/2/99 |
Read 1st Time |
3/8/99 |
| 3/3/99 |
Read 2nd Time |
|
| 3/4/99 |
Favorably Reported |
3/15/99 |
| 3/4/99 |
Read 3rd Time |
|
| 3/4/99 |
Passed/Adopted |
3/15/99 |
| 3/30/99 |
Sent to Governor |
|
| 4/9/99 |
Signed by Governor |
|
| 101 |
Act/Veto Number |
|
| 7/1/99/9 |
Effective Date |
|
HB 839 LC 10 2743
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the City of Newton, Georgia; to
1- 2 provide for incorporation, boundaries, and powers of the
1- 3 city; to provide for a governing authority of such city 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 and mayor pro tempore and certain duties,
1-12 powers, and other matters relative thereto; to provide for
1-13 administrative affairs and responsibilities; to provide for
1-14 boards, commissions, and authorities; to provide for a city
1-15 attorney, a city clerk, and other personnel and matters
1-16 relating thereto; to provide for rules and regulations; to
1-17 provide for a municipal court and the judge or judges
1-18 thereof and other matters relative to those judges; to
1-19 provide for the court's jurisdiction, powers, practices, and
1-20 procedures; to provide for the right of certiorari; to
1-21 provide for elections; to provide for taxation, licenses,
1-22 and fees; to provide for franchises, service charges, and
1-23 assessments; to provide for bonded and other indebtedness;
1-24 to provide for auditing, accounting, budgeting, and
1-25 appropriations; to provide for city contracts and
1-26 purchasing; to provide for the conveyance of property and
1-27 interests therein; to provide for bonds for officials; to
1-28 provide for prior ordinances and rules, pending matters, and
1-29 existing personnel; to provide for penalties; to provide for
1-30 definitions and construction; to provide for other matters
1-31 relative to the foregoing; to repeal a specific Act; to
1-32 provide for severability; to provide an effective date; to
1-33 repeal conflicting laws; and for other purposes.
1-34 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
-1-
2- 1 INCORPORATION AND POWERS
2- 2 SECTION 1.10.
2- 3 The City of Newton, in Baker County, Georgia, is
2- 4 reincorporated by the enactment of this charter and is
2- 5 constituted and declared a body politic and corporate under
2- 6 the name and style City of Newton, Georgia, and by that name
2- 7 shall have perpetual succession.
2- 8 SECTION 1.11.
2- 9 Corporate boundaries.
2-10 (a) The boundaries of this city shall be those existing on
2-11 June 30, 1999, with such alterations as may be made from
2-12 time to time in the manner provided by law. The boundaries
2-13 of this city at all times shall be shown on a map, a written
2-14 description, or any combination thereof, to be retained
2-15 permanently in the office of the city clerk and to be
2-16 designated, as the case may be: "Official Map (or
2-17 Description) of the corporate limits of the City of Newton,
2-18 Georgia." Photographic, typed, or other copies of such map
2-19 or description certified by the city clerk shall be admitted
2-20 as evidence in all courts and shall have the same force and
2-21 effect as with the original map or description.
2-22 (b) The city council may provide for the redrawing of any
2-23 such map by ordinance to reflect lawful changes in the
2-24 corporate boundaries. A redrawn map shall supersede for all
2-25 purposes the entire map or maps which it is designated to
2-26 replace.
2-27 SECTION 1.12.
2-28 Powers and construction.
2-29 (a) This city shall have all powers possible for a city to
2-30 have under the present or future Constitution and laws of
2-31 this state as fully and completely as though they were
2-32 specifically enumerated in this charter. This city shall
2-33 have all the powers of self-government not otherwise
2-34 prohibited by this charter or by general law.
2-35 (b) The powers of this city shall be construed liberally in
2-36 favor of the city. The specific mention or failure to
2-37 mention particular powers shall not be construed as limiting
2-38 in any way the powers of this city. These powers shall
2-39 include, but not be limited to, the following:
-2-
3- 1 (1) Animal regulations. To regulate and license or to
3- 2 prohibit the keeping or running at large of animals and
3- 3 fowl and to provide for the impoundment of same if in
3- 4 violation of any ordinance or lawful order; to provide
3- 5 for the disposition by sale, gift, or humane destruction
3- 6 of animals and fowl when not redeemed as provided by
3- 7 ordinance; and to provide punishment for violation of
3- 8 ordinances enacted under this charter;
3- 9 (2) Appropriations and expenditures. To make
3-10 appropriations for the support of the government of the
3-11 city; to authorize the expenditure of money for any
3-12 purposes authorized by this charter and for any purpose
3-13 for which a municipality is authorized by the laws of
3-14 the State of Georgia; and to provide for the payment of
3-15 expenses of the city;
3-16 (3) Building regulation. To regulate and to license the
3-17 erection and construction of buildings and all other
3-18 structures; to adopt building, housing, plumbing,
3-19 electrical, gas, and heating and air-conditioning codes;
3-20 and to regulate all housing and building trades;
3-21 (4) Business regulation and taxation. To levy and to
3-22 provide for collection of regulatory fees and taxes on
3-23 privileges, occupations, trades, and professions as
3-24 authorized by Title 48 of the O.C.G.A. or such other
3-25 applicable laws as are or may hereafter be enacted; to
3-26 permit and regulate the same; to provide for the manner
3-27 and method of payment of such regulatory fees and taxes;
3-28 and to revoke such permits after due process for failure
3-29 to pay any city taxes or fees;
3-30 (5) Condemnation. To condemn property, inside or outside
3-31 the corporate limits of the city, for present or future
3-32 use and for any corporate purpose deemed necessary by
3-33 the governing authority, utilizing procedures enumerated
3-34 in Title 22 of the O.C.G.A. or such other applicable
3-35 laws as are now or may hereafter be enacted;
3-36 (6) Contracts. To enter into contracts and agreements
3-37 with other governmental entities and with private
3-38 persons, firms, and corporations;
3-39 (7) Emergencies. To establish procedures for determining
3-40 and proclaiming that an emergency situation exists
3-41 within or outside the city and to make and carry out all
3-42 reasonable provisions deemed necessary to deal with or
-3-
4- 1 meet such an emergency for the protection, safety,
4- 2 health, or well-being of the citizens of the city;
4- 3 (8) Environmental protection. To protect and preserve
4- 4 the natural resources, environment, and vital areas of
4- 5 the state through the preservation and improvement of
4- 6 air quality, the restoration and maintenance of water
4- 7 resources, the control of erosion and sedimentation, the
4- 8 management of solid and hazardous waste, and other
4- 9 necessary actions for the protection of the environment;
4-10 (9) Fire regulations. To fix and establish fire limits
4-11 and from time to time to extend, enlarge, or restrict
4-12 the same; to prescribe fire safety regulations not
4-13 inconsistent with general law, relating to both fire
4-14 prevention and detection and to fire fighting; and to
4-15 prescribe penalties and punishment for violations
4-16 thereof;
4-17 (10) Garbage fees. To levy, fix, assess, and collect a
4-18 garbage, refuse, and trash collection and disposal and
4-19 other sanitary service charge, tax, or fee for such
4-20 services as may be necessary in the operation of the
4-21 city from all individuals, firms, and corporations
4-22 residing in or doing business in the city benefiting
4-23 from such services; to enforce the payment of such
4-24 charges, taxes, or fees; and to provide for the manner
4-25 and method of collecting such service charges;
4-26 (11) General health, safety, and welfare. To define,
4-27 regulate, and prohibit any act, practice, conduct, or
4-28 use of property which is detrimental to health,
4-29 sanitation, cleanliness, welfare, and safety of the
4-30 inhabitants of the city and to provide for the
4-31 enforcement of such standards;
4-32 (12) Gifts. To accept or refuse gifts, donations,
4-33 bequests, or grants from any source for any purpose
4-34 related to powers and duties of the city and the general
4-35 welfare of its citizens, on such terms and conditions as
4-36 the donor or grantor may impose;
4-37 (13) Health and sanitation. To prescribe standards of
4-38 health and sanitation and to provide for the enforcement
4-39 of such standards;
4-40 (14) Jail sentences. To provide that persons given jail
4-41 sentences in the municipal court may work out such
4-42 sentences in any public works or on the streets, roads,
-4-
5- 1 drains, and other public property in the city; to
5- 2 provide for commitment of such persons to any jail; or
5- 3 to provide for commitment of such persons to any county
5- 4 work camp or county jail by agreement with the
5- 5 appropriate county officials;
5- 6 (15) Motor vehicles. To regulate the operation of motor
5- 7 vehicles and exercise control over all traffic,
5- 8 including parking upon or across the streets, roads,
5- 9 alleys, and walkways of the city;
5-10 (16) Municipal agencies and delegation of power. To
5-11 create, alter, or abolish departments, boards, offices,
5-12 commissions, and agencies of the city and to confer upon
5-13 such agencies the necessary and appropriate authority
5-14 for carrying out all the powers conferred upon or
5-15 delegated to the same;
5-16 (17) Municipal debts. To appropriate and borrow money
5-17 for the payment of debts of the city and to issue bonds
5-18 for the purpose of raising revenue to carry out any
5-19 project, program, or venture authorized by this charter
5-20 or the laws of the State of Georgia;
5-21 (18) Municipal property ownership. To acquire, dispose
5-22 of, lease, and hold in trust or otherwise any real,
5-23 personal, or mixed property, in fee simple or lesser
5-24 interest, inside or outside the property limits of the
5-25 city;
5-26 (19) Municipal property protection. To provide for the
5-27 preservation and protection of property and equipment of
5-28 the city 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, cable television and other
5-36 telecommunications, transportation facilities, public
5-37 airports, and any other public utility; and to fix the
5-38 taxes, charges, rates, fares, fees, assessments,
5-39 regulations, and penalties and to provide for the
5-40 withdrawal of service for refusal or failure to pay the
5-41 same;
-5-
6- 1 (21) Nuisance. To define a nuisance and provide for its
6- 2 abatement whether on public or private property;
6- 3 (22) Penalties. To provide penalties for violation of
6- 4 any ordinances adopted pursuant to the authority of this
6- 5 charter and the laws of the State of Georgia;
6- 6 (23) Planning and zoning. To provide comprehensive city
6- 7 planning for development by zoning; and to provide
6- 8 subdivision regulation and the like as the city council
6- 9 deems necessary and reasonable to ensure a safe,
6-10 healthy, and esthetically pleasing community;
6-11 (24) Police and fire protection. To exercise the power
6-12 of arrest through duly appointed police officers and to
6-13 establish, operate, or contract for a police and a
6-14 fire-fighting agency;
6-15 (25) Public hazards; removal. To provide for the
6-16 destruction and removal of any building or other
6-17 structure which is or may become dangerous or
6-18 detrimental to the public;
6-19 (26) Public improvements. To provide for the
6-20 acquisition, construction, building, operation, and
6-21 maintenance of public ways, parks and playgrounds,
6-22 public grounds, recreational facilities, cemeteries,
6-23 markets and market houses, public buildings, libraries,
6-24 sewers, drains, sewage treatment, waterworks, electrical
6-25 systems, gas systems, other public utilities, public
6-26 housing, airports, hospitals, terminals, docks, parking
6-27 facilities, and charitable, cultural, educational,
6-28 recreational, conservation, sport, curative, corrective,
6-29 detentional, penal, and medical institutions, agencies,
6-30 and facilities; and to provide any other public
6-31 improvements, inside or outside the corporate limits of
6-32 the city; to regulate the use of public improvements;
6-33 and, for such purposes, property may be acquired by
6-34 condemnation under Title 22 of the O.C.G.A. or such
6-35 other applicable laws as are now or may hereafter be
6-36 enacted;
6-37 (27) Public peace. To provide for the prevention and
6-38 punishment of drunkenness, riots, and public
6-39 disturbances;
6-40 (28) Public transportation. To organize and operate or
6-41 contract for such public transportation systems as are
6-42 deemed beneficial;
-6-
7- 1 (29) Public utilities and services. To grant franchises
7- 2 or make contracts for or impose taxes on public
7- 3 utilities and public service companies and to prescribe
7- 4 the rates, fares, regulations, and standards and
7- 5 conditions of service applicable to the service to be
7- 6 provided by the franchise grantee or contractor, insofar
7- 7 as not in conflict with valid regulations of the Georgia
7- 8 Public Service Commission;
7- 9 (30) Regulation of roadside areas. To prohibit or
7-10 regulate and control the erection, removal, and
7-11 maintenance of signs, billboards, trees, shrubs, fences,
7-12 buildings, and any and all other structures or
7-13 obstructions upon or adjacent to the rights of way of
7-14 streets and roads or within view thereof, within or
7-15 abutting the corporate limits of the city; and to
7-16 prescribe penalties and punishment for violation of such
7-17 ordinances;
7-18 (31) Retirement. To provide and maintain a retirement
7-19 plan for officers and employees of the city;
7-20 (32) Roadways. To lay out, open, extend, widen, narrow,
7-21 establish or change the grade of, abandon or close,
7-22 construct, pave, curb, gutter, adorn with shade trees,
7-23 or otherwise improve, maintain, repair, clean, prevent
7-24 erosion of, and light the roads, alleys, and walkways
7-25 within the corporate limits of the city; and to grant
7-26 franchises and rights of way throughout the streets and
7-27 roads and over the bridges and viaducts for the use of
7-28 public utilities; and to require real estate owners to
7-29 repair and maintain in a safe condition the sidewalks
7-30 adjoining their lots or lands and to impose penalties
7-31 for failure to do so;
7-32 (33) Sewer fees. To levy a fee, charge, or sewer tax as
7-33 necessary to assure the acquiring, constructing,
7-34 equipping, operating, maintaining, and extending of a
7-35 sewage disposal plant and sewerage system and to levy on
7-36 those to whom sewers and sewerage systems are made
7-37 available a sewer service fee, charge, or sewer tax for
7-38 the availability or use of the sewers; to provide for
7-39 the manner and method of collecting such service charges
7-40 and for enforcing payment of the same; and to charge,
7-41 impose, and collect a sewer connection fee or fees to
7-42 those connected with the system;
-7-
8- 1 (34) Solid waste disposal. To provide for the collection
8- 2 and disposal of garbage, rubbish, and refuse and to
8- 3 regulate the collection and disposal of garbage,
8- 4 rubbish, and refuse by others; and to provide for the
8- 5 separate collection of glass, tin, aluminum, cardboard,
8- 6 paper, and other recyclable materials and to provide for
8- 7 the sale of such items;
8- 8 (35) Special areas of public regulation. To regulate or
8- 9 prohibit junk dealers, pawn shops, the manufacture,
8-10 sale, or transportation of any intoxicating liquors, and
8-11 the use and sale of firearms; to regulate the
8-12 transportation, storage, and use of combustible,
8-13 explosive, and inflammable materials, the use of
8-14 lighting and heating equipment, and any other business
8-15 or situation which may be dangerous to persons or
8-16 property; to regulate and control the conduct of
8-17 peddlers and itinerant traders, theatrical performances,
8-18 exhibitions, and shows of any kind, by taxation or
8-19 otherwise; and to license, tax, regulate, or prohibit
8-20 professional fortunetelling, palmistry, adult
8-21 bookstores, and massage parlors;
8-22 (36) Special assessments. To levy and provide for the
8-23 collection of special assessments to cover the costs for
8-24 any public improvements;
8-25 (37) Taxes: ad valorem. To levy and provide for the
8-26 assessment, valuation, revaluation, and collection of
8-27 taxes on all property subject to taxation;
8-28 (38) Taxes: other. To levy and collect such other taxes
8-29 as may be allowed now or in the future by law;
8-30 (39) Taxicabs. To regulate and license vehicles operated
8-31 for hire in the city; to limit the number of such
8-32 vehicles; to require the operators thereof to be
8-33 licensed; to require public liability insurance on such
8-34 vehicles in the amounts to be prescribed by ordinance;
8-35 and to regulate the parking of such vehicles;
8-36 (40) Urban redevelopment. To organize and operate an
8-37 urban redevelopment program; and
8-38 (41) Other powers. To exercise and enjoy all other
8-39 powers, functions, rights, privileges, and immunities
8-40 necessary or desirable to promote or protect the safety,
8-41 health, peace, security, good order, comfort,
8-42 convenience, or general welfare of the city and its
-8-
9- 1 inhabitants; and to exercise all implied powers
9- 2 necessary or desirable to carry into execution all
9- 3 powers granted in this charter as fully and completely
9- 4 as if such powers were fully stated in this charter; and
9- 5 to exercise all powers now or in the future authorized
9- 6 to be exercised by other municipal governments under
9- 7 other laws of the State of Georgia; and no listing of
9- 8 particular powers in this charter shall be held to be
9- 9 exclusive of others, nor restrictive of general words
9-10 and phrases granting powers, but shall be held to be in
9-11 addition to such powers unless expressly prohibited to
9-12 municipalities under the Constitution or applicable laws
9-13 of the State of Georgia.
9-14 SECTION 1.13.
9-15 Exercise of powers.
9-16 All powers, functions, rights, privileges, and immunities of
9-17 the city, its officers, agencies, or employees shall be
9-18 carried into execution as provided by this charter. If this
9-19 charter makes no provision, such shall be carried into
9-20 execution as provided by ordinance or as provided by
9-21 pertinent laws of the State of Georgia.
9-22 GOVERNMENT STRUCTURE
9-23 SECTION 2.10.
9-24 City council creation; number; election.
9-25 The legislative authority of the government of this city,
9-26 except as otherwise specifically provided in this charter,
9-27 shall be vested in a city council to be composed of a mayor
9-28 and four councilmembers. The city council established in
9-29 this charter shall in all respects be a successor to and
9-30 continuation of the city governing authority under prior
9-31 law. The mayor and councilmembers shall be elected in the
9-32 manner provided by this charter.
9-33 SECTION 2.11.
9-34 City councilmembers;
9-35 terms and qualifications for office.
9-36 The members of the city council shall serve for terms of
9-37 four years and until their respective successors are elected
9-38 and qualified. No person shall be eligible to serve as
9-39 mayor or councilmember unless that person is 21 years of age
9-40 and has been a resident of the city for 12 months prior to
9-41 the date of the election of mayor or members of the city
-9-
10- 1 council; each shall continue to reside therein during that
10- 2 person's period of service and to be registered and
10- 3 qualified to vote in municipal elections of this city.
10- 4 SECTION 2.12.
10- 5 Vacancy; filling of vacancies; suspensions.
10- 6 (a) Vacancies--The office of mayor or councilmember shall
10- 7 become vacant upon such person's failing or ceasing to
10- 8 reside in the city or upon the occurrence of any event
10- 9 specified by the Constitution, Title 45 of the O.C.G.A., or
10-10 such other applicable laws as are or may hereafter be
10-11 enacted.
10-12 (b) Filling of vacancies--A vacancy in the office of mayor
10-13 shall be filled for the remainder of the unexpired term, if
10-14 any, by appointment by the councilmembers if less than six
10-15 months remain in the unexpired term, otherwise by an
10-16 election as provided for in Section 5.14 of this charter and
10-17 Title 21 of the O.C.G.A. or such other laws as are or may
10-18 hereafter be enacted. A vacancy in the office of
10-19 councilmember shall be filled for the remainder of the
10-20 unexpired term, if any, by appointment by the remaining
10-21 councilmembers and the mayor.
10-22 SECTION 2.13.
10-23 Compensation and expenses.
10-24 The mayor and councilmembers shall receive compensation and
10-25 expenses for their services as provided by ordinance.
10-26 SECTION 2.14.
10-27 Holding other office;
10-28 voting when personally interested.
10-29 (a) Elected and appointed officers of the city are trustees
10-30 and servants of the residents of the city and shall act in a
10-31 fiduciary capacity for the benefit of such residents.
10-32 (b) No councilmember nor the mayor shall vote upon, sign, or
10-33 veto any ordinance, resolution, contract, or other matter in
10-34 which that person is financially interested.
10-35 SECTION 2.15.
10-36 Inquiries and investigations.
10-37 Following the adoption of an authorizing resolution, the
10-38 city council may make inquiries and investigations into the
10-39 affairs of the city and conduct of any department, office,
10-40 or agency thereof and for this purpose may subpoena
10-41 witnesses, administer oaths, take testimony, and require the
-10-
11- 1 production of evidence. Any person who fails or refuses to
11- 2 obey a lawful order issued in the exercise of these powers
11- 3 by the city council shall be punished as may be provided by
11- 4 ordinance.
11- 5 SECTION 2.16.
11- 6 General power and authority of the city council.
11- 7 Except as otherwise provided by law or this charter, the
11- 8 city council shall be vested with all the powers of
11- 9 government of this city.
11-10 SECTION 2.17.
11-11 Eminent domain.
11-12 The city council is empowered to acquire, construct,
11-13 operate, and maintain public ways, parks, public grounds,
11-14 cemeteries, markets, market houses, public buildings,
11-15 libraries, sewers, drains, sewage treatment, waterworks,
11-16 electrical systems, gas systems, airports, hospitals, and
11-17 charitable, educational, recreational, sport, curative,
11-18 corrective, detentional, penal, and medical institutions,
11-19 agencies, and facilities, and any other public improvements
11-20 inside or outside the city, and to regulate the use thereof,
11-21 and for such purposes, property may be condemned under
11-22 procedures established under general law applicable now or
11-23 as provided in the future.
11-24 SECTION 2.18.
11-25 Organizational meetings.
11-26 The city council shall hold an organizational meeting at the
11-27 first meeting in January following the regular election as
11-28 provided in Section 5.11. The meeting shall be called to
11-29 order by the city clerk and the oath of office shall be
11-30 administered to the newly elected members as follows:
11-31 "I __________ do solemnly swear or affirm that I will
11-32 properly perform the duties of the office of ____________
11-33 in and for the City of Newton, to the best of my
11-34 knowledge, skill, and ability; that I am not the holder of
11-35 any unaccounted for public money due to the State of
11-36 Georgia or any political subdivision or authority thereto;
11-37 that I am not the holder of any office of trust under the
11-38 government of the United States, any other state, or any
11-39 foreign state, which I am by the laws of the State of
11-40 Georgia prohibited from holding; that I am qualified to
11-41 hold the office which I am about to enter according to the
11-42 Constitution and laws of Georgia; that I will support the
-11-
12- 1 Constitution of the United States and the State of
12- 2 Georgia; that I have been a resident of the ward from
12- 3 which elected and the City of Newton for the time required
12- 4 by the Constitution and laws of the State of Georgia and
12- 5 the charter of the City of Newton, so help me God."
12- 6 SECTION 2.19.
12- 7 (a) The city council shall hold regular meetings at such
12- 8 times and places as shall be prescribed by ordinance.
12- 9 (b) Special meetings of the city council may be held on call
12-10 of the mayor or three members of the city council. Notice
12-11 of such special meeting shall be served on all other members
12-12 personally, or by telephone personally, at least 24 hours in
12-13 advance of the meeting. Such notice to councilmembers shall
12-14 not be required if the mayor and all councilmembers are
12-15 present when the special meeting is called. Such notice of
12-16 any special meeting may be waived by a councilmember in
12-17 writing before or after such a meeting and attendance at the
12-18 meeting shall also constitute a waiver of notice on any
12-19 business transacted in such councilmember's presence. Only
12-20 the business stated in the call may be transacted at the
12-21 special meeting.
12-22 (c) All meetings of the city council shall be public to the
12-23 extent required by law, and notice to the public of special
12-24 meetings shall be made as fully as is reasonably possible as
12-25 provided by Code Section 50-14-1 of the O.C.G.A. or other
12-26 such applicable laws as are or may hereafter be enacted.
12-27 SECTION 2.20.
12-28 Rules of procedure.
12-29 (a) The city council shall adopt its rules of procedure and
12-30 order of business consistent with the provisions of this
12-31 charter and shall provide for keeping of a journal of its
12-32 proceedings, which shall be a public record.
12-33 (b) All committees and committee chairpersons and officers
12-34 of the city council shall be appointed by the mayor and
12-35 shall serve at the pleasure of the mayor. The mayor shall
12-36 have the power to appoint new members to any committee at
12-37 any time.
-12-
13- 1 SECTION 2.21.
13- 2 Quorum; voting.
13- 3 Three councilmembers other than the mayor or the mayor and
13- 4 two councilmembers shall constitute a quorum and shall be
13- 5 authorized to transact business of the city council. Voting
13- 6 on the adoption of ordinances shall be by voice vote and the
13- 7 vote shall be recorded in the journal, but any member of the
13- 8 city council shall have the right to request a roll-call
13- 9 vote and such vote shall be recorded in the journal. Except
13-10 as otherwise provided in this charter, the affirmative vote
13-11 of the majority of the quorum present shall be required for
13-12 the adoption of any ordinance, resolution, or motion. The
13-13 mayor shall vote only in the event of a tie or in the event
13-14 that an affirmative or negative vote of the mayor shall
13-15 constitute a majority of the quorum.
13-16 SECTION 2.22.
13-17 Ordinance form; procedures.
13-18 (a) Every proposed ordinance should be introduced in writing
13-19 and in the form required for final adoption. No ordinance
13-20 shall contain a subject which is not expressed in its title.
13-21 The enacting clause shall be "It is hereby ordained by the
13-22 governing authority of the City of Newton..." and every
13-23 ordinance shall so begin.
13-24 (b) An ordinance may be introduced by any councilmember and
13-25 be read at a regular or special meeting of the city council.
13-26 Ordinances shall be considered and adopted or rejected by
13-27 the city council in accordance with the rules which it shall
13-28 establish; provided, however, an ordinance shall not be
13-29 adopted the same day it is introduced, except for emergency
13-30 ordinances provided for in Section 2.24 of this charter.
13-31 Upon introduction of any ordinance, the clerk shall as soon
13-32 as possible distribute a copy to the mayor and to each
13-33 councilmember and shall file a reasonable number of copies
13-34 in the office of the clerk and at such other public places
13-35 as the city council may designate.
13-36 SECTION 2.23.
13-37 Action requiring an ordinance.
13-38 Acts of the city council which have the force and effect of
13-39 law shall be enacted by ordinance.
-13-
14- 1 SECTION 2.24.
14- 2 (a) To meet a public emergency affecting life, health,
14- 3 property, or public peace, the city council may convene on
14- 4 call of the mayor or two councilmembers and may promptly
14- 5 adopt an emergency ordinance, but such ordinance may not
14- 6 levy taxes; grant, renew, or extend a franchise; regulate
14- 7 the rate charged by any public utility for its services; or
14- 8 authorize the borrowing of money except for loans to be
14- 9 repaid within 30 days. An emergency ordinance shall be
14-10 introduced in the form prescribed for ordinances generally,
14-11 except that it shall be plainly designated as an emergency
14-12 ordinance and shall contain, after the enacting clause, a
14-13 declaration stating that an emergency exists and describing
14-14 the emergency in clear and specific terms. An emergency
14-15 ordinance may be adopted, with or without amendment, or
14-16 rejected at the meeting at which it is introduced, but the
14-17 affirmative vote of at least three councilmembers shall be
14-18 required for adoption. It shall become effective upon
14-19 adoption or at such later time as it may specify. Every
14-20 emergency ordinance shall automatically stand repealed 30
14-21 days following the date upon which it was adopted, but this
14-22 shall not prevent reenactment of the ordinance in the manner
14-23 specified in this section if the emergency still exists. An
14-24 emergency ordinance may also be repealed by adoption of a
14-25 repealing ordinance in the same manner specified in this
14-26 section for adoption of emergency ordinances.
14-27 (b) Such meetings shall be open to the public to the extent
14-28 required by law and notice to the public of emergency
14-29 meetings shall be made as fully as is reasonably possible in
14-30 accordance with Code Section 50-14-1 of the O.C.G.A. or such
14-31 other applicable laws as are or may hereafter be enacted.
14-32 SECTION 2.25.
14-33 Codes of technical regulations.
14-34 (a) The city council may adopt any standard code of
14-35 technical regulations by reference thereto in an adopting
14-36 ordinance. The procedure and requirements governing such
14-37 adopting ordinance shall be as prescribed for ordinances
14-38 generally except that: (1) the requirements of subsection
14-39 (b) of Section 2.22 of this charter for distribution and
14-40 filing of copies of the ordinance shall be construed to
14-41 include copies of any code of technical regulations, as well
14-42 as the adopting ordinance; and (2) a copy of each adopted
14-43 code of technical regulations, as well as the adopting
-14-
15- 1 ordinance, shall be authenticated and recorded by the clerk
15- 2 pursuant to Section 2.26 of this charter.
15- 3 (b) Copies of any adopted code of technical regulations
15- 4 shall be made available by the clerk for inspection by the
15- 5 public.
15- 6 SECTION 2.26.
15- 7 Signing; authenticating;
15- 8 recording; codification; printing.
15- 9 (a) The clerk shall authenticate by the clerk's signature
15-10 and record in full in a properly indexed book kept for that
15-11 purpose all ordinances adopted by the city council.
15-12 (b) The city council shall provide for the preparation of a
15-13 general codification of all the ordinances of the city
15-14 having the force and effect of law. The general
15-15 codification shall be adopted by the city council by
15-16 ordinance and shall be published promptly, together with all
15-17 amendments thereto and such codes of technical regulations
15-18 and other rules and regulations as the city council may
15-19 specify. This compilation shall be known and cited
15-20 officially as "The Code of the City of Newton, Georgia."
15-21 Copies of the code shall be furnished to all officers,
15-22 departments, and agencies of the city and made available for
15-23 purchase by the public at a reasonable price as fixed by the
15-24 city council.
15-25 (c) The city council shall cause each ordinance and each
15-26 amendment to this charter to be printed promptly following
15-27 its adoption, and the printed ordinances and charter
15-28 amendments shall be made available for purchase by the
15-29 public at reasonable prices to be fixed by the city council.
15-30 Following publication of the first code under this charter
15-31 and at all times thereafter, the ordinances and charter
15-32 amendments shall be printed in substantially the same style
15-33 as the code currently in effect and shall be suitable in
15-34 form for incorporation therein. The city council shall make
15-35 such further arrangements as deemed desirable with
15-36 reproduction and distribution of any current changes in or
15-37 additions to codes of technical regulations and other rules
15-38 and regulations included in the code.
15-39 SECTION 2.27.
15-40 Election of mayor; forfeiture; compensation.
15-41 The mayor shall be elected and shall serve for a term of
15-42 four years and until the mayor's successor is elected and
-15-
16- 1 qualified. The mayor shall be a qualified elector of this
16- 2 city and shall have been a resident of the city for 12
16- 3 months prior to the election. The mayor shall continue to
16- 4 reside in this city during the period of the mayor's
16- 5 service. The mayor shall forfeit the office of mayor on the
16- 6 same grounds and under the same procedure as for
16- 7 councilmembers. The compensation of the mayor shall be
16- 8 established in the same manner as for councilmembers.
16- 9 SECTION 2.28.
16-10 Chief executive officer.
16-11 The mayor shall be the chief executive of this city. The
16-12 mayor shall possess all of the executive and administrative
16-13 power granted to the city under the Constitution and laws of
16-14 the State of Georgia and all the executive powers contained
16-15 in this charter.
16-16 SECTION 2.29.
16-17 Powers and duties of mayor.
16-18 As the chief executive of this city, the mayor shall:
16-19 (1) See that all laws and ordinances of the city are
16-20 faithfully executed and carry out the directions of the
16-21 city council;
16-22 (2) Exercise supervision over all executive and
16-23 administrative work of the city and over all employees
16-24 and departments of the city and provide for the
16-25 coordination of administrative activities;
16-26 (3) Prepare and submit to the city council for council
16-27 approval a recommended operating budget and capital
16-28 budget;
16-29 (4) Submit to the city council at least once a year a
16-30 statement covering the financial conditions of the city
16-31 and, from time to time, such other information as the
16-32 city council may request;
16-33 (5) Recommend to the city council such measures relative
16-34 to the affairs of the city, improvement of the
16-35 government, and promotion of the welfare of its
16-36 inhabitants as the mayor may deem expedient;
16-37 (6) Call special meetings of the city council as
16-38 provided for in subsection (b) of Section 2.19;
16-39 (7) Preside at all meetings of the city council and vote
16-40 in the event of a tie vote of the council or in the
-16-
17- 1 event that an affirmative or negative vote of the mayor
17- 2 shall constitute a majority;
17- 3 (8) Provide for an annual audit of all accounts of the
17- 4 city;
17- 5 (9) Require any department or agency of the city to
17- 6 submit written reports whenever the mayor and/or city
17- 7 council deems it expedient; and
17- 8 (10) Perform such other duties as may be required by
17- 9 law, this charter, or by ordinance.
17-10 SECTION 2.30.
17-11 Mayor pro tempore.
17-12 By a majority vote, the councilmembers shall elect a
17-13 councilmember to serve as mayor pro tempore. In the mayor's
17-14 absence, the mayor pro tempore shall preside at meetings of
17-15 the city council and shall assume the duties and powers of
17-16 the mayor upon the mayor's physical or mental disability;
17-17 provided, however, that the mayor pro tempore shall vote as
17-18 a member of the council at all times when serving as
17-19 provided in this section.
17-20 ADMINISTRATIVE AFFAIRS
17-21 SECTION 3.10.
17-22 Administrative and service departments.
17-23 (a) Except as otherwise provided in this charter, the city
17-24 council by ordinance shall prescribe the functions or duties
17-25 and establish, abolish, alter, consolidate, or leave vacant
17-26 all nonelective offices, positions of employment,
17-27 departments, and agencies of the city as necessary for the
17-28 proper administration of the affairs and government of this
17-29 city.
17-30 (b) Except as otherwise provided by this charter or by law,
17-31 the directors of departments and other appointed officers of
17-32 the city shall be appointed solely on the basis of their
17-33 respective administrative and professional qualifications.
17-34 (c) All appointed officers and directors of departments
17-35 shall receive such compensation as prescribed by ordinance.
17-36 (d) There shall be a director of each department or agency
17-37 who shall be its principal officer. Each director shall,
17-38 subject to the direction and supervision of the mayor and
17-39 city council, be responsible for the administration and
-17-
18- 1 direction of the affairs and operations of that director's
18- 2 department or agency.
18- 3 (e) All appointed officers, directors, and department heads
18- 4 shall be appointed by the mayor and the city council. All
18- 5 appointed officers, directors, and department heads shall be
18- 6 employees at will and subject to removal or suspension at
18- 7 any time by the mayor and council unless otherwise provided
18- 8 by law or ordinance.
18- 9 SECTION 3.11.
18-10 Boards, commissions, and authorities.
18-11 (a) The city council shall create by ordinance such boards,
18-12 commissions, and authorities to fulfill any investigative,
18-13 quasi-judicial, or quasi-legislative function the city
18-14 council deems necessary and shall by ordinance establish the
18-15 composition, period of existence, duties, and powers
18-16 thereof.
18-17 (b) All members of boards, commissions, and authorities of
18-18 the city shall be appointed by the city council for such
18-19 terms of office and in such manner as shall be provided by
18-20 ordinance, except where other appointing authority, terms of
18-21 office, or manner of appointment is prescribed by this
18-22 charter or by law.
18-23 (c) The city council by ordinance may provide for the
18-24 compensation and reimbursement for actual and necessary
18-25 expenses of the members of any board, commission, or
18-26 authority.
18-27 (d) Except as otherwise provided by charter or by law, no
18-28 member of any board, commission, or authority shall hold any
18-29 elective office in the city.
18-30 (e) Any vacancy on a board, commission, or authority of the
18-31 city shall be filled for the unexpired term in the manner
18-32 prescribed in this charter for original appointment, except
18-33 as otherwise provided by this charter or by law.
18-34 (f) No member of a board, commission, or authority shall
18-35 assume office until that person has executed and filed with
18-36 the clerk of the city an oath obligating that person to
18-37 perform faithfully and impartially the duties of that
18-38 person's office, such oath shall be prescribed by ordinance
18-39 and administered by the mayor.
18-40 (g) All members of boards, commissions, or authorities of
18-41 the city serve at will and may be removed at any time by a
-18-
19- 1 vote of three members of the city council or the mayor and
19- 2 two members of the council unless otherwise provided by law.
19- 3 (h) Except as otherwise provided by this charter or by law,
19- 4 each board, commission, or authority of the city shall elect
19- 5 one of its members as chairperson and one member as vice
19- 6 chairperson and may elect as its secretary one of its own
19- 7 members or may appoint as secretary an employee of the city.
19- 8 Each board, commission, or authority of the city government
19- 9 may establish such bylaws, rules, and regulations, not
19-10 inconsistent with this charter, ordinances of the city, or
19-11 law, as it deems appropriate and necessary for the
19-12 fulfillment of its duties or the conduct of its affairs.
19-13 Copies of such bylaws, rules, and regulations shall be filed
19-14 with the clerk of the city.
19-15 SECTION 3.12.
19-16 City attorney.
19-17 The city council shall appoint a city attorney, together
19-18 with such assistant city attorneys as may be authorized, and
19-19 shall provide for the payment of such attorney or attorneys
19-20 for services rendered to the city. The city attorney shall
19-21 be responsible for providing for the representation and
19-22 defense of the city in all litigation in which the city is a
19-23 party; may be the prosecuting officer in the municipal
19-24 court; shall attend the meetings of the city council as
19-25 directed; shall advise the city council, mayor, and other
19-26 officers and employees of the city concerning legal aspects
19-27 of the city's affairs; and shall perform such other duties
19-28 as may be required by virtue of such person's position as
19-29 city attorney.
19-30 SECTION 3.13.
19-31 The city council shall appoint a city clerk who shall not be
19-32 a councilmember. The city clerk shall be custodian of the
19-33 official city seal and city records; maintain city council
19-34 records required by this charter; and perform such other
19-35 duties as may be required by the city council.
-19-
20- 1 SECTION 3.14.
20- 2 Personnel policies.
20- 3 All employees serve at will and may be removed from office
20- 4 at any time unless otherwise provided by ordinance.
20- 5 JUDICIAL BRANCH
20- 6 SECTION 4.10.
20- 7 Creation; name.
20- 8 There shall be a court to be known as the Municipal Court of
20- 9 the City of Newton.
20-10 SECTION 4.11.
20-11 Chief judge; associate judge.
20-12 (a) The municipal court shall be presided over by a chief
20-13 judge and such part-time, full-time, or stand-by judges as
20-14 shall be provided by ordinance.
20-15 (b) No person shall be qualified or eligible to serve as a
20-16 judge on the municipal court unless that person shall have
20-17 attained the age of 21 years and shall be a member of the
20-18 State Bar of Georgia and shall possess all qualifications
20-19 required by law. All judges shall be appointed by the city
20-20 council and shall serve until a successor is appointed and
20-21 qualified.
20-22 (c) Compensation of the judges shall be fixed by ordinance.
20-23 (d) Judges serve at will and may be removed from office at
20-24 any time by the city council unless otherwise provided by
20-25 ordinance.
20-26 (e) Before assuming office, each judge shall take an oath,
20-27 given by the mayor, that such judge will honestly and
20-28 faithfully discharge the duties of the judge's office to the
20-29 best of the judge's ability and without fear, favor, or
20-30 partiality. The oath shall be entered upon the minutes of
20-31 the city council journal required in Section 2.20 of this
20-32 charter.
20-33 SECTION 4.12.
20-34 The municipal court shall be convened at regular intervals
20-35 as provided by ordinance.
-20-
21- 1 SECTION 4.13.
21- 2 Jurisdiction; powers.
21- 3 (a) The municipal court shall try and punish violations of
21- 4 this charter, all city ordinances, and such other violations
21- 5 as provided by law.
21- 6 (b) The municipal court shall have authority to punish those
21- 7 in its presence for contempt, provided that such punishment
21- 8 shall not exceed $200.00 or ten days in jail.
21- 9 (c) The municipal court may fix punishment for offenses
21-10 within its jurisdiction not exceeding a fine of $1,000.00 or
21-11 imprisonment for 180 days or both such fine and imprisonment
21-12 or may fix punishment by fine, imprisonment, or alternative
21-13 sentencing, as now or hereafter provided by law.
21-14 (d) The municipal court shall have authority to establish a
21-15 schedule of fees to defray the cost of operation and shall
21-16 be entitled to reimbursement of the cost of meals,
21-17 transportation, and caretaking of prisoners bound over to
21-18 superior courts for violations of state law.
21-19 (e) The municipal court shall have authority to establish
21-20 bail and recognizances to ensure the presence of those
21-21 charged with violations before such court and shall have
21-22 discretionary authority to accept cash or personal or real
21-23 property as surety for the appearance of persons charged
21-24 with violations. Whenever any person shall give bail for
21-25 that person's appearance and shall fail to appear at the
21-26 time fixed for trial, that person's bond shall be forfeited
21-27 by the judge presiding at such time and an execution issued
21-28 thereon by serving the defendant and the defendant's
21-29 sureties with a rule nisi at least two days before a hearing
21-30 on the rule nisi. In the event that cash or property is
21-31 accepted in lieu of bond for security for the appearance of
21-32 a defendant at trial, and if such defendant fails to appear
21-33 at the time and place fixed for trial, the cash so deposited
21-34 shall be on order of the judge declared forfeited to the
21-35 city, or the property so deposited shall have a lien against
21-36 it for the value forfeited which lien shall be enforceable
21-37 in the same manner and to the same extent as a lien for city
21-38 property taxes.
21-39 (f) The municipal court shall have the same authority as
21-40 superior courts to compel the production of evidence in the
21-41 possession of any party; to enforce obedience to its orders,
21-42 judgments, and sentences; and to administer such oaths as
21-43 are necessary.
-21-
22- 1 (g) The municipal court may compel the presence of all
22- 2 parties necessary to a proper disposal of each case by the
22- 3 issuance of summonses, subpoenas, and warrants which may be
22- 4 served as executed by any officer as authorized by this
22- 5 charter or by law.
22- 6 (h) Each judge of the municipal court shall be authorized to
22- 7 issue warrants for the arrest of persons charged with
22- 8 offenses against any ordinance of the city, and each judge
22- 9 of the municipal court shall have the same authority as a
22-10 magistrate of the state to issue warrants for offenses
22-11 against state laws committed within the city.
22-12 SECTION 4.14.
22-13 The right of certiorari from the decision and judgment of
22-14 the municipal court shall exist in all criminal cases and
22-15 ordinance violation cases, and such certiorari shall be
22-16 obtained under the sanction of a judge of the Superior Court
22-17 of Baker County under the laws of the State of Georgia
22-18 regulating the granting and issuance of writs of certiorari.
22-19 SECTION 4.15.
22-20 Rules for court.
22-21 With the approval of the city council, the judge of
22-22 municipal court shall have full power and authority to make
22-23 reasonable rules and regulations necessary and proper to
22-24 secure the efficient and successful administration of the
22-25 municipal court; provided, however, that the city council
22-26 may adopt in part or in toto the rules and regulations
22-27 applicable to municipal courts. The rules and regulations
22-28 made or adopted shall be filed with the city clerk, shall be
22-29 available for public inspection, and, upon request, a copy
22-30 shall be furnished to all defendants in municipal court
22-31 proceedings at least 48 hours prior to such proceedings.
22-32 ELECTIONS AND REMOVAL
22-33 SECTION 5.10.
22-34 Applicability of general law.
22-35 All primaries and elections shall be held and conducted in
22-36 accordance with Chapter 2 of Title 21 of the O.C.G.A., the
22-37 "Georgia Election Code," as now or hereafter amended.
-22-
23- 1 SECTION 5.11.
23- 2 Regular elections; time for holding.
23- 3 Beginning in 1999, and every four years thereafter, on the
23- 4 Tuesday following the first Monday in November, there shall
23- 5 be an election for the members of the city council
23- 6 representing Posts 1 and 3. Beginning in 2001, and every
23- 7 four years thereafter, on the Tuesday following the first
23- 8 Monday in November, there shall be an election for the
23- 9 office of mayor and the members of the city council
23-10 representing Posts 2 and 4. The terms of office shall begin
23-11 at the organizational meeting as provided for in Section
23-12 2.18. The mayor and councilmembers shall serve terms of
23-13 four years and until their successors are duly elected and
23-14 qualified and shall take the oath of office at the first
23-15 meeting in January of the year following the year of the
23-16 election. The mayor and councilmembers serving on the
23-17 effective date of this charter shall be the duly constituted
23-18 government of the City of Newton and shall continue to serve
23-19 until their successors are duly elected and qualified as
23-20 provided in this charter.
23-21 SECTION 5.12.
23-22 Nonpartisan elections.
23-23 Political parties shall not conduct primaries for city
23-24 offices and all names of candidates for city offices shall
23-25 be listed without party designations.
23-26 SECTION 5.13.
23-27 Election by plurality vote.
23-28 The person receiving a plurality of the votes cast for any
23-29 city office shall be elected.
23-30 SECTION 5.14.
23-31 Special elections; vacancies.
23-32 In the event that the office of councilmember shall become
23-33 vacant as provided in Section 2.12 of this charter, the city
23-34 council or those remaining shall appoint a successor for the
23-35 remainder of the term. In the event that the office of
23-36 mayor shall become vacant as provided in Section 2.12 of
23-37 this charter, the remainder of the unexpired term shall be
23-38 filled by appointment by the city council members if fewer
23-39 than six months remain on the unexpired term, otherwise, by
23-40 a special election. The special election shall be held and
23-41 conducted in accordance with Chapter 2 of Title 21 of the
23-42 O.C.G.A., the "Georgia Election Code."
-23-
24- 1 SECTION 5.15.
24- 2 Other provisions.
24- 3 Except as otherwise provided by this charter, the city
24- 4 council shall, by ordinance, prescribe such rules and
24- 5 regulations as it deems appropriate to fulfill any options
24- 6 and duties under Chapter 2 of Title 21 of the O.C.G.A., the
24- 7 "Georgia Election Code."
24- 8 SECTION 5.16.
24- 9 Removal of officers.
24-10 (a) A councilmember, the mayor, or other appointed officers
24-11 provided for in this charter shall be removed from office
24-12 for any one or more of the causes provided in Title 45 of
24-13 the O.C.G.A. or such other applicable laws as are or may
24-14 hereafter be enacted.
24-15 (b) Removal of an officer pursuant to subsection (a) of this
24-16 section shall be accomplished by one of the following
24-17 methods:
24-18 (1) Following a hearing at which an impartial panel
24-19 shall render a decision. In the event an elected officer
24-20 is sought to be removed by the action of the city
24-21 council, such officer shall be entitled to a written
24-22 notice specifying the ground or grounds for removal and
24-23 to a public hearing which shall be held not less than
24-24 ten days after the service of such written notice. The
24-25 city council shall provide by ordinance for the manner
24-26 in which such hearings shall be held. Any elected
24-27 officer sought to be removed from office as provided in
24-28 this section shall have the right of appeal from the
24-29 decision of the city council to the Superior Court of
24-30 Baker County. Such appeal shall be governed by the same
24-31 rules as govern appeals to the superior court from the
24-32 probate court; or
24-33 (2) By an order of the Superior Court of Baker County
24-34 following a hearing on a complaint seeking such removal
24-35 brought by any resident of the City of Newton.
24-36 SECTION 6.10.
24-37 Property tax.
24-38 The city council may assess, levy, and collect an ad valorem
24-39 tax on all real and personal property within the corporate
-24-
25- 1 limits of the city that is subject to such taxation by the
25- 2 state and county. This tax is for the purpose of raising
25- 3 revenues to defray the costs of operating the city
25- 4 government, of providing governmental services, for the
25- 5 repayment of principal and interest on general obligations,
25- 6 and for any other public purpose as determined by the city
25- 7 council in its discretion.
25- 8 SECTION 6.11.
25- 9 Millage rate; due dates; payment methods.
25-10 The city council by ordinance shall establish a millage rate
25-11 for the city property tax, a due date, and the time period
25-12 within which these taxes must be paid. The city council by
25-13 ordinance may provide for the payment of these taxes by
25-14 installments or in one lump sum, as well as authorize the
25-15 voluntary payment of taxes prior to the time when due.
25-16 SECTION 6.12.
25-17 Occupation and business taxes.
25-18 The city council by ordinance shall have the power to levy
25-19 such occupation or business taxes as are not denied by law.
25-20 The city council may classify businesses, occupations, or
25-21 professions for the purpose of such taxation in any way
25-22 which may be lawful and may compel the payment of such taxes
25-23 as provided in Section 6.18 of this charter.
25-24 SECTION 6.13.
25-25 Licenses; permits; fees.
25-26 The city council by ordinance shall have the power to
25-27 require businesses or practitioners doing business in this
25-28 city to obtain a permit for such activity from the city and
25-29 pay a regulatory fee for such permit as provided by general
25-30 law. Such fees shall reflect the total cost to the city of
25-31 regulating the activity and, if unpaid, shall be collected
25-32 as provided in Section 6.18 of this charter.
25-33 SECTION 6.14.
25-34 (a) The city council shall have the power to grant
25-35 franchises for the use of this city's streets and alleys for
25-36 the purposes of railroads, street railways, telephone
25-37 companies, electric companies, electric membership
25-38 corporations, cable television and other telecommunications
25-39 companies, gas companies, transportation companies, and
25-40 other similar organizations. The city council shall
25-41 determine the duration, terms, whether the same shall be
-25-
26- 1 exclusive or nonexclusive, and the consideration for such
26- 2 franchises; provided, however, no franchise shall be granted
26- 3 for a period in excess of 35 years and no franchise shall be
26- 4 granted unless the city receives just and adequate
26- 5 compensation therefor. The city council shall provide for
26- 6 the registration of all franchises with the city clerk in a
26- 7 registration book kept by the city clerk. The city council
26- 8 may provide by ordinance for the registration within a
26- 9 reasonable time of all franchises previously granted.
26-10 (b) If no franchise agreement is in effect, the city council
26-11 has the authority to impose a tax on gross receipts for the
26-12 use of this city's streets and alleys for the purposes of
26-13 railroads, street railways, telephone companies, electric
26-14 companies, electric membership corporations, cable
26-15 television and other telecommunications companies, gas
26-16 companies, transportation companies, and other similar
26-17 organizations.
26-18 SECTION 6.15.
26-19 Service charges.
26-20 The city council by ordinance shall have the power to assess
26-21 and collect fees, charges, and tolls for sewers, sanitary
26-22 and health services, or any other services provided or made
26-23 available within and outside the corporate limits of the
26-24 city for the total cost to the city of providing or making
26-25 available such services. If unpaid, such charges shall be
26-26 collected as provided in Section 6.18 of this charter.
26-27 SECTION 6.16.
26-28 Special assessments.
26-29 The city council by ordinance shall have the power to assess
26-30 and collect the cost of constructing, reconstructing,
26-31 widening, or improving any public way, street, sidewalk,
26-32 curbing, gutters, sewers, or other utility mains and
26-33 appurtenances from the abutting property owners under such
26-34 terms and conditions as are reasonable. If unpaid, such
26-35 charges shall be collected as provided in Section 6.18 of
26-36 this charter.
26-37 SECTION 6.17.
26-38 Construction; other taxes.
26-39 This city shall be empowered to levy any other tax or fee
26-40 allowed now or hereafter by law, and the specific mention of
26-41 any right, power, or authority in this article shall not be
-26-
27- 1 construed as limiting in any way the general powers of this
27- 2 city to govern its local affairs.
27- 3 SECTION 6.18.
27- 4 Collection of delinquent taxes and fees.
27- 5 The city council by ordinance may provide generally for the
27- 6 collection of delinquent taxes, fees, or other revenue due
27- 7 the city under Sections 6.10 through 6.17 of this charter by
27- 8 whatever reasonable means as are not precluded by law. This
27- 9 shall include providing for the dates when the taxes or fees
27-10 are due; late penalties or interest; issuance and execution
27-11 of fi. fas.; creation and priority of liens; making
27-12 delinquent taxes and fees personal debts of the persons
27-13 required to pay the taxes or fees imposed; revoking city
27-14 permits for failure to pay any city taxes or fees; and
27-15 providing for the assignment or transfer of tax executions.
27-16 SECTION 6.19.
27-17 General obligation bonds.
27-18 The city council shall have the power to issue bonds for the
27-19 purpose of raising revenue to carry out any project,
27-20 program, or venture authorized under this charter or the
27-21 laws of the state. Such bonding authority shall be
27-22 exercised in accordance with the laws governing bond
27-23 issuance by municipalities in effect at the time such issue
27-24 is undertaken.
27-25 SECTION 6.20.
27-26 Revenue bonds.
27-27 Revenue bonds may be issued by the city council as state law
27-28 now or hereafter provides. Such bonds are to be paid out of
27-29 any revenue produced by the project, program, or venture for
27-30 which they were issued.
27-31 SECTION 6.21.
27-32 Short-term loans.
27-33 The city may obtain short-term loans and must repay such
27-34 loans not later than December 31 of each year, unless
27-35 otherwise provided by law.
27-36 SECTION 6.22.
27-37 Lease-purchase contracts.
27-38 The city may enter into multiyear lease, purchase, or
27-39 lease-purchase contracts for the acquisition of goods,
27-40 materials, real and personal property, services, and
27-41 supplies, provided the contract terminates without further
-27-
28- 1 obligation on the part of the municipality at the close of
28- 2 the calendar year in which it was executed and at the close
28- 3 of each succeeding calendar year for which it may be
28- 4 renewed. Contracts must be executed in accordance with the
28- 5 requirements of Code Section 36-60-13 of the O.C.G.A., or
28- 6 other such applicable laws as are or may hereafter be
28- 7 enacted.
28- 8 SECTION 6.23.
28- 9 The city council shall set the fiscal year by ordinance.
28-10 This fiscal year shall constitute the budget year and the
28-11 year for financial accounting and reporting of each and
28-12 every office, department, agency, and activity of the city
28-13 government.
28-14 SECTION 6.24.
28-15 Budget ordinance.
28-16 The city council shall provide an ordinance on the
28-17 procedures and requirements for the preparation and
28-18 execution of an annual operating budget, a capital
28-19 improvement plan, and a capital budget, including
28-20 requirements as to the scope, content, and form of such
28-21 budgets and plans.
28-22 SECTION 6.25.
28-23 Operating budget.
28-24 On or before a date fixed by the city council but not later
28-25 than 60 days prior to the beginning of each fiscal year, the
28-26 mayor shall submit to the city council a proposed operating
28-27 budget for the ensuing fiscal year. The budget shall be
28-28 accompanied by a message from the mayor containing a
28-29 statement of the general fiscal policies of the city, the
28-30 important features of the budget, explanations of major
28-31 changes recommended for the next fiscal year, a general
28-32 summary of the budget, and other pertinent comments and
28-33 information. The operating budget and the capital budget
28-34 provided for in Section 6.29 of this charter, the budget
28-35 message, and all supporting documents shall be filed in the
28-36 office of the city clerk and shall be open to public
28-37 inspection.
28-38 SECTION 6.26.
28-39 Action by city council on budget.
28-40 (a) The city council may amend the operating budget proposed
28-41 by the mayor, except that the budget as finally amended and
-28-
29- 1 adopted must provide for all expenditures required by state
29- 2 law or by other provisions of this charter and for all debt
29- 3 service requirements for the ensuing fiscal year. The total
29- 4 appropriations from any fund shall not exceed the estimated
29- 5 fund balance, reserves, and revenues.
29- 6 (b) The city council by ordinance shall adopt the final
29- 7 operating budget for the ensuing fiscal year not later than
29- 8 the beginning date of each fiscal year. If the city council
29- 9 fails to adopt the budget by said date, the amounts
29-10 appropriated for operation for the then current fiscal year
29-11 shall be deemed adopted for the ensuing fiscal year on a
29-12 month-to-month basis, with all items prorated accordingly,
29-13 until such time as the city council adopts a budget for the
29-14 ensuing fiscal year. Adoption of the budget shall take the
29-15 form of an appropriations ordinance setting out the
29-16 estimated revenues in detail by sources and making
29-17 appropriations according to fund and by organizational unit,
29-18 purpose, or activity as set out in the budget preparation
29-19 ordinance adopted pursuant to Section 6.24 of this charter.
29-20 (c) The amount set out in the adopted operating budget for
29-21 each organizational unit shall constitute the annual
29-22 appropriation for such, and no expenditure shall be made or
29-23 encumbrance created in excess of the otherwise unencumbered
29-24 balance of the appropriations or allotment thereof to which
29-25 it is chargeable.
29-26 SECTION 6.27.
29-27 Levy of taxes.
29-28 The city council shall levy by ordinance such taxes as are
29-29 necessary. The taxes and tax rates set by such ordinance
29-30 shall be such that reasonable estimates of revenues from
29-31 such levy shall at least be sufficient, together with other
29-32 anticipated revenues, fund balances, and applicable
29-33 reserves, to equal the total amount appropriated for each of
29-34 the several funds set forth in the annual operating budget
29-35 for defraying the expenses of the general government of this
29-36 city.
29-37 SECTION 6.28.
29-38 Changes in appropriations.
29-39 The city council by ordinance may make changes in the
29-40 appropriations contained in the current operating budget at
29-41 any regular meeting or special or emergency meeting called
29-42 for such purpose, but any additional appropriations may be
29-43 made only from an existing unexpended surplus.
-29-
30- 1 SECTION 6.29.
30- 2 Capital improvements.
30- 3 (a) On or before the date fixed by the city council, but no
30- 4 later than the beginning of each fiscal year, the mayor
30- 5 shall submit to the city council a proposed capital
30- 6 improvements plan with a recommended capital budget
30- 7 containing the means of financing the improvements proposed
30- 8 for the ensuing fiscal year. The city council shall have
30- 9 power to accept, with or without amendments, or reject the
30-10 proposed plan and budget. The city council shall not
30-11 authorize an expenditure for the construction of any
30-12 building, structure, work, or improvement unless the
30-13 appropriations for such project are included in the capital
30-14 budget, except to meet a public emergency as provided in
30-15 Section 2.24 of this charter.
30-16 (b) The city council shall adopt by ordinance the final
30-17 capital budget for the ensuing fiscal year not later than
30-18 the beginning of the fiscal year. No appropriation provided
30-19 for in a prior capital budget shall lapse until the purpose
30-20 for which the appropriation was made shall have been
30-21 accomplished or abandoned; provided, however, the mayor may
30-22 submit amendments to the capital budget at any time during
30-23 the fiscal year, accompanied by recommendations. Any such
30-24 amendments to the capital budget shall become effective only
30-25 upon adoption by ordinance.
30-26 SECTION 6.30.
30-27 There shall be an annual independent audit of all city
30-28 accounts, funds, and financial transactions by a certified
30-29 public accountant selected by the city council. The audit
30-30 shall be conducted according to generally accepted auditing
30-31 principles. Any audit of any funds by the state or federal
30-32 governments may be accepted as satisfying the requirements
30-33 of this charter. Copies of annual audit reports shall be
30-34 available at printing costs to the public.
30-35 SECTION 6.31.
30-36 Procurement and property management.
30-37 No contract with the city shall be binding on the city
30-38 unless:
30-39 (1) It is in writing;
-30-
31- 1 (2) It is drawn by or submitted and reviewed by the city
31- 2 attorney and, as a matter of course, is signed by the
31- 3 city attorney to indicate such drafting or review; and
31- 4 (3) It is made or authorized by the city council and
31- 5 such approval is entered in the city council journal of
31- 6 proceedings pursuant to Section 2.21 of this charter.
31- 7 SECTION 6.32.
31- 8 The city council shall by ordinance prescribe procedures for
31- 9 a system of centralized purchasing for the city.
31-10 SECTION 6.33.
31-11 Sale and lease of property.
31-12 (a) The city council may sell and convey or lease any real
31-13 or personal property owned or held by the city for
31-14 governmental or other purposes as now or hereafter provided
31-15 by law.
31-16 (b) The city council may quitclaim any rights it may have in
31-17 property not needed for public purposes upon report by the
31-18 mayor and adoption of a resolution, both finding that the
31-19 property is not needed for public or other purposes and that
31-20 the interest of the city has no readily ascertainable
31-21 monetary value.
31-22 (c) Whenever in opening, extending, or widening any street,
31-23 avenue, alley, or public place of the city a small parcel or
31-24 tract of land is cut off or separated by such work from a
31-25 larger tract or boundary of land owned by the city, the city
31-26 council may authorize the mayor to sell and convey said
31-27 cut-off or separated parcel or tract of land to an abutting
31-28 or adjoining property owner or owners where such sale and
31-29 conveyance facilitates the highest and best use of the
31-30 abutting owner's property. Included in the sales contract
31-31 shall be a provision for the rights of way of said street,
31-32 avenue, alley, or public place. Each abutting property
31-33 owner shall be notified of the availability of the property
31-34 and given the opportunity to purchase said property under
31-35 such terms and conditions as set out by ordinance. All
31-36 deeds and conveyances heretofore and hereafter so executed
31-37 and delivered shall convey all title and interest the city
31-38 has in such property, notwithstanding the fact that no
31-39 public sale after advertisement was or is hereafter made.
-31-
32- 1 GENERAL PROVISIONS
32- 2 SECTION 7.10.
32- 3 Bonds for officials.
32- 4 The officers and employees of this city, both elected and
32- 5 appointed, shall execute such surety or fidelity bonds in
32- 6 such amounts and upon such terms and conditions as the city
32- 7 council shall from time to time require by ordinance or as
32- 8 may be provided by law.
32- 9 SECTION 7.11.
32-10 Prior ordinances.
32-11 All ordinances, resolutions, rules, and regulations now in
32-12 force in the city not inconsistent with this charter are
32-13 declared valid and of full effect and force until amended or
32-14 repealed by the city council.
32-15 SECTION 7.12.
32-16 Existing personnel and officers.
32-17 Except as specifically provided otherwise by this charter,
32-18 all personnel and officers of this city and their rights,
32-19 privileges, and powers shall continue beyond the time this
32-20 charter takes effect for a period of 180 days before or
32-21 during which time the existing city council shall pass a
32-22 transition ordinance detailing the changes in personnel and
32-23 appointed officers required or desired and arranging such
32-24 titles, rights, privileges, and powers as may be required or
32-25 desired to allow a reasonable transition.
32-26 SECTION 7.13.
32-27 Pending matters.
32-28 Except as specifically provided otherwise by this charter,
32-29 all rights, claims, actions, orders, contracts, and legal or
32-30 administrative proceedings shall continue and any such
32-31 ongoing work or cases shall be completed by such city
32-32 agencies, personnel, or offices as may be provided by the
32-33 city council.
32-34 SECTION 7.14.
32-35 Construction and definitions.
32-36 (a) Section captions in this charter are informative only
32-37 and are not be considered as a part thereof.
32-38 (b) The word "shall" is mandatory and the word "may" is
32-39 permissive.
-32-
33- 1 (c) The singular shall include the plural, the masculine
33- 2 shall include the feminine, and vice versa.
33- 3 SECTION 7.15.
33- 4 If any article, section, subsection, paragraph, sentence, or
33- 5 part thereof of this charter shall be held to be invalid or
33- 6 unconstitutional, such invalidity or unconstitutionality
33- 7 shall not affect nor impair other parts of this charter
33- 8 unless it clearly appears that such other parts are wholly
33- 9 and necessarily dependent upon the part held to be invalid
33-10 or unconstitutional, it being the legislative intent in
33-11 enacting this charter that each article, section,
33-12 subsection, paragraph, sentence, or part thereof be enacted
33-13 separately and independent of each other.
33-14 SECTION 7.16.
33-15 Specific repealer.
33-16 An Act incorporating the City of Newton in the County of
33-17 Baker, State of Georgia, approved August 20, 1906 (Ga. L.
33-18 1906, p. 940), as amended, is repealed in its entirety and
33-19 all amendatory Acts thereto are likewise repealed in their
33-20 entirety. All other laws and parts of laws in conflict with
33-21 this charter are repealed.
33-22 SECTION 7.17.
33-23 Effective date.
33-24 This Act shall become effective on July 1, 1999.
33-25 SECTION 7.18.
33-26 General repealer.
33-27 All laws and parts of laws in conflict with this Act are
33-28 repealed.
-33-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/19/99
