---
title: HB 1205. Yatesville, City of; provide new charter
collection: bills
id: 2025-2026/hb1205
cite_as: HB 1205, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1205
md_url: https://georgiacommons.org/bills/2025-2026/hb1205.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1205/text
source_url: https://www.legis.ga.gov/legislation/72881
date: 2026-05-11
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb1204.md
next: https://georgiacommons.org/bills/2025-2026/hb1206.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 886
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1205.md?full=1
bill_number: HB 1205
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-11
last_action: Effective Date 2026-07-01
sponsors:
  - Robert Dickey
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1205/2025
upstream_id: 2110004
summaries_model: claude-sonnet-5
topic_tags:
  - city charters
  - local government
  - municipal court
  - city elections
  - Upson County
---

# HB 1205. Yatesville, City of; provide new charter

## Text

House Bill 1205 (AS PASSED HOUSE AND SENATE)
By: Representative Dickey of the 134th
A BILL TO BE ENTITLED
AN ACT
To provide a new charter for the City of Yatesville; to provide for incorporation, boundaries,
and powers of the city; to provide for the exercise of powers and limitations on powers; to
provide for a governing authority of such city and the powers, duties, authority, prohibitions,
elections, terms, removal from office, method of filling vacancies, compensation, expenses,
and qualifications; to provide for conflict of interest and holding other offices; to provide for
inquiries and investigations; to provide for organization and meeting procedures; to provide
for ordinances; to provide for eminent domain; to provide for codes; to provide for the office
of mayor and certain duties and powers relative to the office of mayor; to provide for a
mayor pro tem; to provide for administrative responsibilities; to provide for boards,
commissions, and authorities; to provide for a city attorney, city clerk, and other personnel;
to provide for the establishment of a municipal court and the judge or judges thereof; to
provide for practices and procedures; to provide for taxation, permits, and fees; to provide
for franchises, service charges, and assessments; to provide for bonded and other
indebtedness; to provide for accounting and budgeting; to provide for contracting and
purchasing; to provide for sale of city property; to provide for bonds for officials; to provide
for pending matters; to provide for definitions and construction; to provide for severability;
to provide for related matters; to provide for an effective date; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
INCORPORATION AND POWERS
SECTION 1.1.
Name.
This city and the inhabitants thereof, are reincorporated by the enactment of this charter and
are hereby constituted and declared a body politic and corporate under the name and style
of the City of Yatesville, Georgia, and by that name shall have perpetual succession.
SECTION 1.2.
Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective date of the adoption
of this charter with such alterations as may be made from time to time in the manner
provided by law. The boundaries of this city at all times shall be shown on a map, a written
description or any combination thereof, to be retained permanently in the office of the city
clerk and to be designated, as the case may be: "Official Map (or Description) of the
corporate limits of the City of Yatesville, Georgia." Photographic, typed, or other copies of
such map or description certified by the city clerk shall be admitted as evidence in all courts
and shall have the same force and effect as with the original map or description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect
lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes
the entire map or maps which it is designated to replace.
SECTION 1.3.
Powers and construction.
(a) This city shall have all powers possible for a city to have under the present or future
Constitution and laws of this state as fully and completely as though they were specifically
enumerated in this charter. This city shall have all the powers of self-government not
otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific
mention or failure to mention particular powers shall not be construed as limiting in any way
the powers of this city.
SECTION 1.4.
Examples of powers.
(a) Animal regulations. To regulate and license or to prohibit the keeping or running
at-large of animals and fowl, and to provide for the impoundment of same if in violation of
any ordinance or lawful order; to provide for the disposition by sale, gift or humane
destruction of animals and fowl when not redeemed as provided by ordinance; and to provide
punishment for violation of ordinances enacted as provided for this charter.
(b) Appropriations and expenditures. To make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes authorized
by this charter and for any purpose for which a municipality is authorized by the laws of the
State of Georgia; and to provide for the payment of expenses of the city.
(c) Building regulation. To regulate and to license the erection and construction of buildings
and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and
heating and air conditioning codes; and to regulate all housing, and building trades.
(d) Business regulation and taxation. To levy and to provide for the collection of regulatory
fees and taxes on privileges, occupations, trades and professions as authorized by Title 48
of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit
and regulate the same; to provide for the manner and method of payment of such regulatory
fees and taxes; and to revoke such permits after due process for failure to pay any city taxes
or fees.
(e) Condemnation. To condemn property, inside or outside the corporate limits of the city,
for present or future use and for any corporate purpose deemed necessary by the governing
authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other
applicable laws as are or may hereafter be enacted.
(f) Contracts. To enter into contracts and agreements with other governmental entities and
with private persons, firms and corporations.
(g) Emergencies. To establish procedures for determining and proclaiming that an
emergency situation exists within or without the city, and to make and carry out all
reasonable provisions deemed necessary to deal with or meet such an emergency for the
protection, safety, health or well-being of the citizens of the city.
(h) Environmental protection. To protect and preserve the natural resources, environment
and vital areas of the city, the region, and the state through the preservation and improvement
of air quality, the restoration and maintenance of water resources, the control of erosion and
sedimentation, the management of stormwater and establishment of a stormwater utility, the
management of solid and hazardous waste, and other necessary actions for the protection of
the environment.
(i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge
or restrict the same; to prescribe fire safety regulations not inconsistent with general law,
relating to both fire prevention and detection and to fire fighting; and to prescribe penalties
and punishment for violations thereof.
(j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and
disposal, and other sanitary service charge, tax, or fee for such services as may be necessary
in the operation of the city from all individuals, firms, and corporations residing in or doing
business therein benefiting from such services; to enforce the payment of such charges, taxes
or fees; and to provide for the manner and method of collecting such service charges.
(k) General health, safety and welfare. To define, regulate and prohibit any act, practice,
conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and
safety of the inhabitants of the city, and to provide for the enforcement of such standards.
(l) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any
purpose related to powers and duties of the city and the general welfare of its citizens, on
such terms and conditions as the donor or grantor may impose.
(m) Health and sanitation. To prescribe standards of health and sanitation and to provide
for the enforcement of such standards.
(n) Jail sentences. To provide that persons given jail sentences in the city's court may work
out such sentences in any public works or on the streets, roads, drains and other public
property in the city, to provide for commitment of such persons to any jail, to provide for the
use of pretrial diversion and any alternative sentencing allowed by law, or to provide for
commitment of such persons to any county work camp or county jail by agreement with the
appropriate county officials.
(o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over
all traffic, including parking upon or across the streets, roads, alleys and walkways of the
city.
(p) Municipal agencies and delegation of power. To create, alter or abolish departments,
boards, offices, commissions and agencies of the city, and to confer upon such agencies the
necessary and appropriate authority for carrying out all the powers conferred upon or
delegated to the same.
(q) Municipal debts. To appropriate and borrow money for the payment of debts of the city
and to issue bonds for the purpose of raising revenue to carry out any project, program or
venture authorized by this charter or the laws of the State of Georgia.
(r) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or
otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or
outside the property limits of the city.
(s) Municipal property protection. To provide for the preservation and protection of
property and equipment of the city, and the administration and use of same by the public; and
to prescribe penalties and punishment for violations thereof.
(t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell and dispose of
public utilities, including but not limited to a system of waterworks, sewers and drains,
sewage disposal, stormwater management, gas works, electric light plants, cable television
and other telecommunications, transportation facilities, public airports, and any other public
utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties,
and to provide for the withdrawal of service for refusal or failure to pay the same.
(u) Nuisance. To define a nuisance and provide for its abatement whether on public or
private property.
(v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the
authority of this charter and the laws of the State of Georgia.
(w) Planning and zoning. To provide comprehensive city planning for development by
zoning; and to provide subdivision regulation and the like as the city council deems
necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community.
(x) Police and fire protection. To exercise the power of arrest through duly appointed police
officers, and to establish, operate, or contract for a police and a firefighting agency.
(y) Public hazards: removal. To provide for the destruction and removal of any building or
other structure which is or may become dangerous or detrimental to the public.
(z) Public improvements. To provide for the acquisition, construction, building, operation
and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries,
markets and market houses, public buildings, libraries, public housing, airports, hospitals,
terminals, docks, parking facilities, or charitable, cultural, educational, recreational,
conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies
and facilities; and to provide any other public improvements, inside or outside the corporate
limits of the city; to regulate the use of public improvements; and for such purposes, property
may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable
laws as are or may hereafter be enacted.
(aa) Public peace. To provide for the prevention and punishment of loitering, disorderly
conduct, drunkenness, riots, and public disturbances.
(bb) Public transportation. To organize and operate such public transportation systems as
are deemed beneficial.
(cc) Public utilities and services. To grant franchises or make contracts for, or impose taxes
on public utilities and public service companies; and to prescribe the rates, fares, regulations
and standards and conditions of service applicable to the service to be provided by the
franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public
Service Commission.
(dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal,
and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other
structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within
view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and
punishment for violation of such ordinances.
(ee) Retirement. To provide and maintain a retirement plan and other employee benefit
plans and programs for officers and employees of the city.
(ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of,
abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve,
maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within
the corporate limits of the city; and to grant franchises and rights-of-way throughout the
streets and roads, and over the bridges and viaducts for the use of public utilities; and to
require real estate owners to repair and maintain in a safe condition the sidewalks adjoining
their lots or lands, and to impose penalties for failure to do so.
(gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,
constructing, equipping, operating, maintaining, and extending of a sewage disposal plant
and sewerage system, and to levy on those to whom sewers and sewerage systems are made
available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to
provide for the manner and method of collecting such service charges and for enforcing
payment of the same; and to charge, impose and collect a sewer connection fee or fees to
those connected with the system.
(hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish and
refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others;
and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other
recyclable materials, and to provide for the sale of such items.
(ii) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture
and sale of intoxicating liquors; to regulate the transportation, storage and use of
combustible, explosive and inflammable materials, the use of lighting and heating equipment,
and any other business or situation which may be dangerous to persons or property; to
regulate and control the conduct of peddlers and itinerant traders, theatrical performances,
exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional
fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain
areas.
(jj) Special assessments. To levy and provide for the collection of special assessments to
cover the costs for any public improvements.
(kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and
collection of taxes on all property subject to taxation.
(ll) Taxes: other. To levy and collect such other taxes as may be allowed now or in the
future by law.
(mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the
number of such vehicles; to require the operators thereof to be licensed; to require public
liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to
regulate the parking of such vehicles.
(nn) Urban redevelopment. To organize and operate an urban redevelopment program.
(oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges and
immunities necessary or desirable to promote or protect the safety, health, peace, security,
good order, comfort, convenience, or general welfare of the city and its inhabitants; and to
exercise all implied powers necessary or desirable to carry into execution all powers granted
in this charter as fully and completely as if such powers were fully stated in this section; and
to exercise all powers now or in the future authorized to be exercised by other municipal
governments under other laws of the State of Georgia; and no listing of particular powers in
this charter shall be held to be exclusive of others, nor restrictive of general words and
phrases granting powers, but shall be held to be in addition to such powers unless expressly
prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.5.
Exercise of powers.
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or
employees shall be carried into execution as provided by this charter. If this charter makes
no provision, such shall be carried into execution as provided by ordinance or as provided
by pertinent laws of the State of Georgia.
ARTICLE II
GOVERNMENT STRUCTURE
SECTION 2.1.
City council creation; number; election.
(a) The legislative authority of the government of this city, except as otherwise specifically
provided in this charter, shall be vested in a city council to be composed of a mayor and five
councilmembers. The city council established shall in all respects be a successor to and
continuation of the governing authority under prior law. The mayor and councilmembers
shall be elected in the manner provided by general law and this charter.
(b) The council shall be composed of five members elected by the voters of the city at large
in accordance with provisions of Article V. Not more than one councilmember shall reside
in each district. The mayor shall be elected as provided in Section 2.32.
SECTION 2.2.
City council terms and qualifications for office.
The mayor and members of the city council shall serve for terms of four years and until their
respective successors are elected and qualified. No person shall be eligible to serve as mayor
or councilmember unless that person shall have been a resident of the city for 24 months
prior to the date of election of the mayor or members of the council; each shall continue to
reside therein during that member's period of service and to be registered and qualified to
vote in municipal elections of this city.
SECTION 2.3.
Vacancy; filling of vacancies.
(a) Vacancies. The office of mayor or councilmember shall become vacant upon the
incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by
the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable
laws as are or may hereafter be enacted.
(b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled
for the remainder of the unexpired term, if any, by appointment by the city council or those
members remaining if less than 12 months remains in the unexpired term. If such vacancy
occurs 12 months or more prior to the expiration of the term of that office, it shall be filled
for the remainder of the unexpired term by a special election, as provided for in Section 5.5
of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws
as are or may hereafter be enacted.
(c) This provision shall also apply to a temporary vacancy created by the suspension from
office of the mayor or any councilmember.
SECTION 2.4.
Compensation and expenses.
The mayor and councilmembers shall receive compensation and expenses for their services
as provided by ordinance.
SECTION 2.5.
Holding other office; voting when financially interested.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the
city and shall act in a fiduciary capacity for the benefit of such residents.
(b) Except as authorized by law, the mayor or any councilmember shall not hold any other
city office or city employment during the term for which that person was elected.
(c) Neither the mayor nor any member of the city council shall vote upon, sign or veto any
ordinance, resolution, contract or other matter in which that person is financially interested.
SECTION 2.6.
Conflicts of interest; holding other offices.
(a) Fiduciary duty - Elected and appointed officers of the city are trustees and servants of
the residents of the city and shall act in a fiduciary capacity for the benefit of such residents.
(b) Conflict of interest - No elected official, appointed officer, or employee of the city or any
agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction, or have a financial or other personal interest,
directly or indirectly, which is incompatible with the proper discharge of that person's
official duties or which would tend to impair the independence of the official's judgment
or action in the performance of those official duties;
(2) Engage in or accept private employment, or render services for private interests when
such employment or service is incompatible with the proper discharge of that person's
official duties or would tend to impair the independence of the official's judgment or action
in the performance of those official duties;
(3) Disclose confidential information, including information obtained at meetings which
are closed pursuant to Title 50, Chapter 14 of the O.C.G.A., concerning the property,
government, or affairs of the governmental body by which the official is engaged without
proper legal authorization; or use such information to advance the financial or other private
interest of the official or others;
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from
any person, firm or corporation which to the official's knowledge is interested, directly or
indirectly, in any manner whatsoever, in business dealings with the governmental body by
which the official is engaged; provided, however, that an elected official who is a candidate
for public office may accept campaign contributions and services in connection with any
such campaign;
(5) Represent other private interests in any action or proceeding against this city or any
portion of its government; or
(6) Vote or otherwise participate in the negotiation or in the making of any contract with
any business or entity in which the official has a financial interest.
(c) Disclosure - Any elected official, appointed officer, or employee who shall have any
financial interest, directly or indirectly, in any contract or matter pending before or within
any department of the city shall disclose such interest to the city council. The mayor or any
councilmember who has a financial interest in any matter pending before the city council
shall disclose such interest and such disclosure shall be entered on the records of the city
council, and that official shall disqualify himself or herself from participating in any decision
or vote relating thereto. Any elected official, appointed officer, or employee of any agency
or political entity to which this charter applies who shall have any financial interest, directly
or indirectly, in any contract or matter pending before or within such entity shall disclose
such interest to the governing body of such agency or entity.
(d) Use of public property - No elected official, appointed officer, or employee of the city
or any agency or entity to which this charter applies shall use property owned by such
governmental entity for personal benefit or profit but shall use such property only in their
capacity as an officer or employee of the city.
(e) Contracts voidable and rescindable - Any violation of this section which occurs with the
knowledge, express or implied, of a party to a contract or sale shall render said contract or
sale voidable at the option of the city council.
(f) Ineligibility of elected official - Except where authorized by law, neither the mayor nor
any councilmember shall hold any other elective or appointive office in the city or otherwise
be employed by said government or any agency thereof during the term for which that
official was elected. No former mayor and no former councilmember shall hold any
appointive office in the city until one year after the expiration of the term for which that
official was elected.
(g) Political activities of certain officers and employees - No appointive officer of the city
shall continue in such employment upon qualifying as a candidate for nomination or election
to any public office. No employee of the city shall continue in such employment upon
qualifying for or election to any public office in this city or any other public office which is
inconsistent, incompatible or in conflict with the duties of the city employee. Such
determination shall be made by the mayor and council either immediately upon election or
at any time such conflict may arise.
(h) Penalties for violation.
(1) Any city officer or employee who knowingly conceals such financial interest or
knowingly violates any of the requirements of this section shall be guilty of malfeasance
in office or position and shall be deemed to have forfeited that person's office or position.
(2) Any officer or employee of the city who shall forfeit an office or position, as described
in paragraph (1) above, shall be ineligible for appointment or election to or employment
in a position in the city government for a period of three years thereafter.
SECTION 2.7.
Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and
investigations into the affairs of the city and the conduct of any department, office or agency
thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and
require the production of evidence. Any person who fails or refuses to obey a lawful order
issued in the exercise of these powers by the city council shall be punished as provided by
ordinance.
SECTION 2.8.
General power and authority of the city council.
(a) Except as otherwise provided by law or this charter, the city council shall be vested with
all the powers of government of this city.
(b) In addition to all other powers conferred upon it by law, the council shall have the
authority to adopt and provide for the execution of such ordinances, resolutions, rules, and
regulations, not inconsistent with this charter and the Constitution and the laws of the State
of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,
protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity,
or well-being of the inhabitants of the City of Yatesville and may enforce such ordinances
by imposing penalties for violation thereof.
SECTION 2.9.
Eminent domain.
The city council is hereby empowered to acquire, construct, operate and maintain public
ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,
sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports,
hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional,
penal and medical institutions, agencies and facilities, and any other public improvements
inside or outside the city, and to regulate the use thereof, and for such purposes, property
may be condemned under procedures established under general law applicable now or as
provided in the future.
SECTION 2.10.
Organizational meeting.
The city council shall hold an organizational meeting on the fourth Tuesday of every month.
The meeting shall be called to order by the mayor-elect or city clerk and the oath of office
shall be administered to the newly elected members by a judicial officer authorized to
administer oaths and shall, to the extent that it comports with federal and state law, be as
follows:
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of
(mayor)(councilmember) of this city and that I will support and defend the charter thereof
as well as the Constitution and laws of the State of Georgia and of the United States of
America. I am not the holder of any unaccounted for public money due this state or any
political subdivision or authority thereof. I am not the holder of any office of trust under
the government of the United States, any other state, or any foreign state which I by the
laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold
said office according to the Constitution and laws of Georgia. I have been a resident [of
my district and] the City of Yatesville for the time required by the Constitution and laws
of this state and by the municipal charter. I will perform the duties of my office in the best
interest of the City of Yatesville to the best of my ability without fear, favor, affection,
reward, or expectation thereof."
SECTION 2.11.
Regular and special meetings.
(a) The city council shall hold regular meetings at such times and places as shall be
prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or three members
of the city council. Notice of such special meetings shall be served on all other members
personally, or by telephone personally, at least 48 hours in advance of the meeting. Such
notice to councilmembers shall not be required if the mayor and all councilmembers are
present when the special meeting is called. Such notice of any special meeting may be
waived by a councilmember in writing before or after such a meeting, and attendance at the
meeting shall also constitute a waiver of notice on any business transacted in such
councilmembers presence. Only the business stated in the call may be transacted at the
special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice
to the public of special meetings shall be made fully as is reasonably possible as provided by
Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter
be enacted.
SECTION 2.12.
Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with
the provisions of this charter and shall provide for keeping a journal of its proceedings, which
shall be a public record.
(b) All committees and committee chairs and officers of the city council shall be appointed
by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power
to appoint new members to any committee at any time.
SECTION 2.13.
Quorum; voting.
(a) Three councilmembers shall constitute a quorum and shall be authorized to transact
business of the city council. Voting on the adoption of ordinances shall be by voice vote and
the vote shall be recorded in the journal, but any member of the city council shall have the
right to request a roll call vote and such vote shall be recorded in the journal. Except as
otherwise provided in this charter, the affirmative vote of three councilmembers shall be
required for the adoption of any ordinance, resolution, or motion.
(b) No member of the city council shall abstain from voting on any matter properly brought
before the council for official action except when such councilmember has a conflict of
interest which is disclosed in writing prior to or at the meeting and made a part of the
minutes. Any member of the city council present and eligible to vote on a matter and
refusing to do so for any reason other than a properly disclosed and recorded conflict of
interest shall be deemed to have acquiesced or concurred with the members of the majority
who did vote on the question involved.
SECTION 2.14.
Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required for
final adoption. No ordinance shall contain a subject which is not expressed in its title. The
enacting clause shall be "It is hereby ordained by the governing authority of the City of
Yatesville" and every ordinance shall so begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or
special meeting of the city council. Ordinances shall be considered and adopted or rejected
by the city council in accordance with the rules which it shall establish; provided, however,
an ordinance shall not be adopted the same day it is introduced, except for emergency
ordinances provided in Section 2.16. Upon introduction of any ordinance, the city clerk shall
as soon as possible distribute a copy to the mayor and to each councilmember and shall file
a reasonable number of copies in the office of the city clerk and at such other public places
as the city council may designate.
SECTION 2.15.
Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.16.
Emergencies.
(a) To meet a public emergency affecting life, health, property or public peace, the city
council may convene on call of the mayor or three councilmembers and promptly adopt an
emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a
franchise; regulate the rate charged by any public utility for its services; or authorize the
borrowing of money except for loans to be repaid within 30 days. An emergency ordinance
shall be introduced in the form prescribed for ordinances generally, except that it shall be
plainly designated as an emergency ordinance and shall contain, after the enacting clause,
a declaration stating that an emergency exists, and describing the emergency in clear and
specific terms. An emergency ordinance may be adopted, with or without amendment, or
rejected at the meeting at which it is introduced, but the affirmative vote of at least three
councilmembers shall be required for adoption. It shall become effective upon adoption or
at such later time as it may specify. Every emergency ordinance shall automatically stand
repealed 30 days following the date upon which it was adopted, but this shall not prevent
reenactment of the ordinance in the manner specified in this section if the emergency still
exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance
in the same manner specified in this section for adoption of emergency ordinances.
(b) Such meetings shall be open to the public to the extent required by law and notice to the
public of emergency meetings shall be made as fully as is reasonably possible in accordance
with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may
hereafter be enacted.
SECTION 2.17.
Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference
thereto in an adopting ordinance. The procedure and requirements governing such adopting
ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of Section 2.14(b) for distribution and filing of copies of the
ordinance shall be construed to include copies of any code of technical regulations, as well
as the adopting ordinance; and
(2) A copy of each adopted code of technical regulations, as well as the adopting
ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.18.
(b) Copies of any adopted code of technical regulations shall be made available by the city
clerk for inspection by the public.
SECTION 2.18.
Signing; authenticating; recording; codification; printing.
(a) The city clerk shall authenticate by the city clerk's signature and record in full in a
properly indexed book kept for that purpose, all ordinances adopted by the council.
(b) The city council shall provide for the preparation of a general codification of all the
ordinances of the city having the force and effect of law. The general codification shall be
adopted by the city council by ordinance and shall be published promptly, together with all
amendments thereto and such codes of technical regulations and other rules and regulations
as the city council may specify. This compilation shall be known and cited officially as "The
Code of the City of Yatesville, Georgia." Copies of the code shall be furnished to all
officers, departments and agencies of the city, and made available for purchase by the public
at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be
printed promptly following its adoption, and the printed ordinances and charter amendments
shall be made available for purchase by the public at reasonable prices to be fixed by the city
council. Following publication of the first code under this charter and at all times thereafter,
the ordinances and charter amendments shall be printed in substantially the same style as the
code currently in effect and shall be suitable in form for incorporation therein. The city
council shall make such further arrangements as deemed desirable with reproduction and
distribution of any current changes in or additions to codes of technical regulations and other
rules and regulations included in the code.
SECTION 2.19.
Selection of mayor and mayor pro tem.
At each regular election the voters of the city shall elect a mayor at large for a term of four
years. The mayor shall be a qualified elector of this city and shall have been a resident of the
city for 24 months prior to the election. The mayor shall continue to reside in this city during
the period of service. The mayor shall forfeit the office on the same grounds and under the
same procedure as for councilmembers. The compensation of the mayor shall be established
in the same manner as for councilmembers. The council shall elect from among its members
a mayor pro tem who shall act as mayor during the absence or disability of the mayor, but
shall only vote once on matters before the council, and, if a vacancy occurs, shall become
mayor for the remainder of the expired term.
SECTION 2.20.
Powers and duties of mayor.
The mayor shall:
(1) Preside at all meetings of the city council;
(2) Be the head of the city for the purpose of service of process and for ceremonial
purposes, and be the official spokesperson for the city and the chief advocate of policy;
(3) Have power to administer oaths and to take affidavits;
(4) Sign as a matter of course on behalf of the city all written and approved contracts,
ordinances and other instruments executed by the city which by law are required to be in
writing;
(5) Vote on matters before the city council only in the case of a tie vote;
(6) Prepare and submit to the city council a recommended annual operating budged and
recommended capital budget; and
(7) Fulfill such other executive and administrative duties as the city council shall establish
by ordinance.
SECTION 2.21.
Chief executive officer.
The mayor shall be the chief executive of this city. The mayor shall possess all of the
executive and administrative power granted to the city under the Constitution and laws of the
State of Georgia, and all executive and administrative powers contained in this charter.
SECTION 2.22.
Position of mayor pro tem.
During the absence or physical or mental disability of the mayor for any cause, the mayor
pro tem, or in the mayor pro tem's absence or disability for any reason, any one of the
councilmembers chosen by a majority vote of the city council, shall be clothed with all the
rights and privileges of the mayor and shall perform the duties of the office of the mayor so
long as such absence or disability shall continue. Any such absence or disability shall be
declared by majority vote of all councilmembers. The mayor pro tem or selected
councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying
financial interest as provided in Section 2.5. When acting as mayor, the mayor pro tem shall
continue to have only vote as a member of the council.
ARTICLE III
ADMINISTRATIVE AFFAIRS
SECTION 3.1.
Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall
prescribe the functions or duties, and establish, abolish, alter, consolidate or leave vacant all
nonelective offices, positions of employment, departments, and agencies of the city, as
necessary for the proper administration of the affairs and government of this city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and
other appointed officers of the city shall be appointed solely on the basis of their respective
administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as
prescribed by ordinance or resolution.
(d) There shall be a director of each department or agency who shall be its principal officer.
Each director shall, subject to the direction and supervision of the mayor, be responsible for
the administration and direction of the affairs and operations of that director's department or
agency.
(e) All appointive officers and directors under the supervision of the mayor shall be
nominated by the mayor with confirmation of appointment by the city council. All
appointive officers and directors shall be employees at-will and subject to removal or
suspension at any time by the mayor unless otherwise provided by law or ordinance.
SECTION 3.2.
Boards, commissions, and authorities.
(a) The city council shall create by ordinance such boards, commissions and authorities to
fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems
necessary, and shall by ordinance establish the composition, period of existence, duties and
powers thereof.
(b) All members of boards, commissions and authorities of the city shall be appointed by the
city council for such terms of office and in such manner as shall be provided by ordinance,
except where other appointing authority, terms of office, or manner of appointment is
prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimbursement
for actual and necessary expenses of the members of any board, commission or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission
or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission or authority of the city shall be filled for the
unexpired term in the manner prescribed in this section for original appointment, except as
otherwise provided by this charter or by law.
(f) No member of a board, commission or authority shall assume office until that person has
executed and filed with the city clerk an oath obligating himself to faithfully and impartially
perform the duties of that member's office, such oath to be prescribed by ordinance and
administered by the mayor.
(g) All board members serve at-will and may be removed at any time by a vote of three
members of the city council unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission or
authority of the city shall elect one of its members as chair and one member as vice chair,
and may elect as its secretary one of its own members or may appoint as secretary an
employee of the city. Each board, commission or authority of the city government may
establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances
of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or
the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the
city clerk.
SECTION 3.3.
City attorney.
(a) The city council and mayor shall appoint a city attorney, together with such assistant city
attorneys as may be authorized, and shall provide for the payment of such attorney or
attorneys for services rendered to the city. The city attorney shall be responsible for
providing for the representation and defense of the city in all litigation in which the city is
a party; may be the prosecuting officer in the municipal court; shall attend the meetings of
the council as directed; shall advise the city council, mayor, and other officers and employees
of the city concerning legal aspects of the city's affairs; and shall perform such other duties
as may be required by virtue of the person's position as city attorney.
(b) The city attorney is not a public official of the city and does not take an oath of office.
The city attorney shall at all times be an independent contractor. A law firm, rather than an
individual, may be designated as the city attorney.
SECTION 3.4.
City clerk.
The city council and mayor shall appoint a city clerk who shall not be a councilmember. The
city clerk shall be custodian of the official city seal and city records; maintain city council
records required by this charter; and perform such other duties as may be required by the city
council.
SECTION 3.5.
Position classification and pay plans.
The mayor shall be responsible for the preparation of a position classification and pay plan
which shall be submitted to the city council for approval. Such plan may apply to all
employees of the city and any of its agencies, departments, boards, commissions or
authorities. When a pay plan has been adopted, the city council shall not increase or decrease
the salary range applicable to any position except by amendment of such pay plan. For
purposes of this section, all elected and appointed city officials are not city employees.
SECTION 3.6.
Personnel policies.
All employees serve at-will and may be removed from office at any time unless otherwise
provided by ordinance.
ARTICLE IV
MUNICIPAL COURT
SECTION 4.1.
Creation; name.
There shall be a court to be known as the Municipal Court of the City of Yatesville.
SECTION 4.2.
Chief judge; other judges.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time,
or stand-by judges as shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless
that person shall have attained the age of 21 years and shall possess all qualifications
required by law. All judges shall be appointed by the city council and shall serve until a
successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges shall serve a term and may be removed as provided by general law.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge
will honestly and faithfully discharge the duties of the office to the best of that person's
ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of
the city council.
SECTION 4.3.
Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.4.
Jurisdiction; powers.
(a) The municipal court shall have jurisdiction and authority to try and punish violations of
this charter, all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have authority to punish those in its presence for contempt,
provided that such punishment shall not exceed ten days in jail and a fine as authorized by
law.
(c) The municipal court may fix punishment for offenses within its jurisdiction not
exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and
imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now,
or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost
of operation and shall be entitled to reimbursement of the cost of meals, transportation, and
caretaking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure
the presence of those charged with violations before said court and shall have discretionary
authority to accept cash or personal or real property as surety for the appearance of persons
charged with violations. Whenever any person shall give bail for that person's appearance
and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge
presiding at such time, and an execution issued thereon by serving the defendant and the
defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the
event that cash or property is accepted in lieu of bond for security for the appearance of a
defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,
the cash so deposited shall be on order of the judge declared forfeited to the city, or the
property so deposited shall have a lien against it for the value forfeited which lien shall be
enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the
production of evidence in the possession of any party; to enforce obedience to its orders,
judgments and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper
disposal of each case by the issuance of summonses, subpoenas, and warrants which may be
served as executed by any officer as authorized by this charter or by law.
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of
persons charged with offenses against any ordinance of the city, and each judge of the
municipal court shall have the same authority as a magistrate of the state to issue warrants
for offenses against state laws committed within the city.
SECTION 4.5.
Rules for court.
With the approval of the city council, the judge shall have full power and authority to make
reasonable rules and regulations necessary and proper to secure the efficient and successful
administration of the municipal court; provided, however, that the city council may adopt in
part or in toto the rules and regulations applicable to municipal courts. The rules and
regulations made or adopted shall be filed with the city clerk and shall be available for public
inspection.
SECTION 4.6.
Petitions for review.
The right to seek petitions for review from the decision and judgment of the municipal court
shall exist in all criminal cases and ordinance violation cases, and such petitions shall be
made to the Superior Court of Upson County under the laws of the State of Georgia
regulating appeals to the superior courts.
ARTICLE V
ELECTIONS AND REMOVAL
SECTION 5.1.
Applicability of general law.
All primaries and elections shall be held and conducted in accordance with the Georgia
Election Code (Title 21, Chapter 2 of the O.C.G.A.) as now or hereafter amended.
SECTION 5.2.
Election of city council and mayor.
(a) There shall be a municipal general election biennially in the odd-numbered years on the
Tuesday next following the first Monday in November.
(b) There shall be elected the mayor and two councilmembers at one election and at every
other regular election thereafter. The remaining city council seats shall be filled at the
election alternating with the first election so that a continuing body is created. Terms shall
be for four years.
SECTION 5.3.
Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for
city offices shall be listed without party designations.
SECTION 5.4.
Election by plurality.
The person receiving a plurality of the votes cast for any city office shall be elected.
SECTION 5.5.
Special elections; vacancies.
In the event that the office of mayor or councilmember shall become vacant as provided in
Section 2.3 of this charter, the city council or those remaining shall order a special election
to fill the balance of the unexpired term of such official; provided, however, if such vacancy
occurs within 12 months of the expiration of the term of that office, the city council or those
remaining shall appoint a successor for the remainder of the term. In all other respects, the
special election shall be held and conducted in accordance with the Georgia Election Code,
Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended.
SECTION 5.6.
Other provisions.
.
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe
such rules and regulations it deems appropriate to fulfill any options and duties under the
Georgia Election Code.
SECTION 5.7.
Removal of officers.
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall
be removed from office for any one or more of the causes provided in Title 45 of the
O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished
by one of the following methods:
(1) Following a hearing at which an impartial panel shall render a decision. In the event
an elected officer is sought to be removed by the action of the city council, such officer
shall be entitled to a written notice specifying the ground or grounds for removal and to a
public hearing which shall be held not less than ten (10) days after the service of such
written notice. The city council shall provide by ordinance for the manner in which such
hearings shall be held. Any elected officer sought to be removed from office as provided
in this section shall have the right of appeal from the decision of the city council to the
Superior Court of Upson County. Such appeal shall be governed by the same rules as
govern appeals to the superior court from the probate court.
(2) By an order of the Superior Court of Upson County following a hearing on a complaint
seeking such removal brought by any resident of the City of Yatesville.
ARTICLE VI
FINANCE
SECTION 6.1.
Property tax.
The city council may assess, levy and collect an ad valorem tax on all real and personal
property within the corporate limits of the city that is subject to such taxation by the state and
county. This tax is for the purpose of raising revenues to defray the costs of operating the
city government, of providing governmental services, for the repayment of principal and
interest on general obligations, and for any other public purpose as determined by the city
council in its discretion.
SECTION 6.2.
Millage rate; due dates; payment methods.
The city council, by ordinance, shall establish a millage rate for the city property tax, a due
date, and the time period within which these taxes must be paid. The city council, by
ordinance, may provide for the payment of these taxes by two installments or in one lump
sum, as well as authorize the voluntary payment of taxes prior to the time when due.
SECTION 6.3.
Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes
as are not denied by law. The city council may classify businesses, occupations or
professions for the purpose of such taxation in any way which may be lawful and may
compel the payment of such taxes as provided in Section 6.9.
SECTION 6.4.
Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners
doing business within this city to obtain a permit for such activity from the city and pay a
reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect
the total cost to the city of regulating the activity, and if unpaid, shall be collected as
provided in Section 6.9.
SECTION 6.5.
Franchises.
(a) The city council shall have the power to grant franchises for the use of this city's streets
and alleys for the purposes of railroads, street railways, telephone companies, electric
companies, electric membership corporations, cable television and other telecommunications
companies, gas companies, transportation companies and other similar organizations. The
city council shall determine the duration, terms, whether the same shall be exclusive or
nonexclusive, and the consideration for such franchises; provided, however, no franchise
shall be granted for a period in excess of 35 years and no franchise shall be granted unless
the city receives just and adequate compensation therefor. The city council shall provide for
the registration of all franchises with the city clerk in a registration book kept by the city
clerk. The city council may provide by ordinance for the registration within a reasonable
time of all franchises previously granted.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax
on gross receipts for the use of this city's streets and alleys for the purposes of railroads,
street railways, telephone companies, electric companies, electric membership corporations,
cable television and other telecommunications companies, gas companies, transportation
companies and other similar organizations.
SECTION 6.6.
Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges,
assessments, and tolls for sewers, sanitary and health services, or any other services provided
or made available within and without the corporate limits of the city. If unpaid, such charges
shall be collected as provided in Section 6.9.
SECTION 6.7.
Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of
constructing, reconstructing, widening, or improving any public way, street, sidewalk,
curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property
owners. If unpaid, such charges shall be collected as provided in Section 6.9.
SECTION 6.8.
Construction; other taxes and fees.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,
and the specific mention of any right, power or authority in this article shall not be construed
as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.9.
Collection of delinquent taxes and fees.
The city council, by ordinance, may provide generally for the collection of delinquent taxes,
fees, or other revenue due the city under Sections 6.1 through 6.8 by whatever reasonable
means as are not precluded by law. This shall include providing for the dates when the taxes
or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and
priority of liens; making delinquent taxes and fees personal debts of the persons required to
pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees;
and providing for the assignment or transfer of tax executions.
SECTION 6.10.
General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to
carry out any project, program or venture authorized under this charter or the laws of the
state. Such bonding authority shall be exercised in accordance with the laws governing bond
issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.11.
Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides.
Such bonds are to be paid out of any revenue produced by the project, program or venture
for which they were issued.
SECTION 6.12.
Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31
of each year, unless otherwise provided by law.
SECTION 6.13.
Lease-purchase contracts.
The city may enter into multiyear lease, purchase or lease purchase contracts for the
acquisition of goods, materials, real and personal property, services, and supplies provided
the contract terminates without further obligation on the part of the municipality at the close
of the calendar year in which it was executed and at the close of each succeeding calendar
year for which it may be renewed. Contracts must be executed in accordance with the
requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are
or may hereafter be enacted.
SECTION 6.14.
Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the
budget year and the year for financial accounting and reporting of each and every office,
department, agency and activity of the city government unless otherwise provided by state
or federal law.
SECTION 6.15.
Preparation of budgets.
The city council shall provide an ordinance on the procedures and requirements for the
preparation and execution of an annual operating budget, a capital improvement plan and a
capital budget, including requirements as to the scope, content and form of such budgets and
plans.
SECTION 6.16.
Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 45 days prior to the beginning
of each fiscal year, the mayor shall submit to the city council a proposed operating budget
for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor
containing a statement of the general fiscal policies of the city, the important features of the
budget, explanations of major changes recommended for the next fiscal year, a general
summary of the budget, and such other pertinent comments and information. The operating
budget and the capital budget provided for in this section, the budget message, and all
supporting documents shall be filed in the office of the city clerk and shall be open to public
inspection.
SECTION 6.17.
Action by city council on budget.
(a) The city council may amend the operating budget proposed by the mayor; except that the
budget as finally amended and adopted must provide for all expenditures required by state
law or by other provisions of this charter and for all debt service requirements for the ensuing
fiscal year, and the total appropriations from any fund shall not exceed the estimated fund
balance, reserves, and revenues.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal
year not later than the thirtieth day of March of each year. If the city council fails to adopt
the budget by this date, the amounts appropriated for operation for the current fiscal year
shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items
prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal
year. Adoption of the budget shall take the form of an appropriations ordinance setting out
the estimated revenues in detail by sources and making appropriations according to fund and
by organizational unit, purpose, or activity as set out in the budget preparation ordinance
adopted pursuant to Section 6.15.
(c) The amount set out in the adopted operating budget for each organizational unit shall
constitute the annual appropriation for such, and no expenditure shall be made or
encumbrance created in excess of the otherwise unencumbered balance of the appropriations
or allotment thereof, to which it is chargeable.
SECTION 6.18.
Tax levies.
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates
set by such ordinances shall be such that reasonable estimates of revenues from such levy
shall at least be sufficient, together with other anticipated revenues, fund balances and
applicable reserves, to equal the total amount appropriated for each of the several funds set
forth in the annual operating budget for defraying the expenses of the general government
of this city.
SECTION 6.19.
Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the
current operating budget, at any regular meeting, special or emergency meeting called for
such purpose, but any additional appropriations may be made only from an existing
unexpended surplus.
SECTION 6.20.
Capital budget.
(a) On or before the date fixed by the city council but no later than 45 days prior to the
beginning of each fiscal year, the mayor shall submit to the city council a proposed capital
improvements plan with a recommended capital budget containing the means of financing
the improvements proposed for the ensuing fiscal year. The city council shall have power
to accept, with or without amendments, or reject the proposed plan and proposed budget.
The city council shall not authorize an expenditure for the construction of any building,
structure, work or improvement, unless the appropriations for such project are included in
the capital budget, except to meet a public emergency as provided in Section 2.16.
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal
year not later than the thirtieth day of March of each year. No appropriation provided for in
a prior capital budget shall lapse until the purpose for which the appropriation was made
shall have been accomplished or abandoned; provided, however, the mayor may submit
amendments to the capital budget at any time during the fiscal year, accompanied by
recommendations. Any such amendments to the capital budget shall become effective only
upon adoption by ordinance.
SECTION 6.21.
Independent audit.
There shall be an annual independent audit of all city accounts, funds and financial
transactions by a certified public accountant selected by the city council. The audit shall be
conducted according to generally accepted auditing principles. Any audit of any funds by
the state or federal government may be accepted as satisfying the requirements of this
section. Copies of annual audit reports shall be available at printing costs to the public.
SECTION 6.22.
Contracting procedures.
No contract with the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn by or submitted to and reviewed by the city attorney, and as a matter of
course, is signed by the city attorney to indicate such drafting or review; and
(3) It is made or authorized by the city council and such approval is entered in the city
council journal of proceedings pursuant to Section 2.13.
SECTION 6.23.
Centralized purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized
purchasing for the city.
SECTION 6.24.
Sale and lease of city property.
(a) The city council may sell and convey, or lease any real or personal property owned or
held by the city for governmental or other purposes as now or hereafter provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public
purposes upon report by the mayor and adoption of a resolution, both finding that the
property is not needed for public or other purposes and that the interest of the city has no
readily ascertainable monetary value.
(c) Whenever in opening, extending or widening any street, avenue, alley or public place of
the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract
or boundary of land owned by the city, the city council may authorize the mayor to sell and
convey said cut-off or separated parcel or tract of land to an abutting or adjoining property
owner or owners where such sale and conveyance facilitates the enjoyment of the highest and
best use of the abutting owner's property. Included in the sales contract shall be a provision
for the rights-of-way of said street, avenue, alley or public place. Each abutting property
owner shall be notified of the availability of the property and given the opportunity to
purchase said property under such terms and conditions as set out by ordinance. All deeds
and conveyances heretofore and hereafter so executed and delivered shall convey all title and
interest the city has in such property, notwithstanding the fact that no public sale after
advertisement was or is hereafter made.
ARTICLE VII
GENERAL PROVISIONS
SECTION 7.1.
Bonds for officials.
The officers and employees of this city, both elective and appointive, shall execute such
surety or fidelity bonds in such amounts and upon such terms and conditions as the city
council shall from time to time require by ordinance or as may be provided by law.
SECTION 7.2.
Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent
with this charter are hereby declared valid and of full effect and force until amended or
repealed by the city council.
SECTION 7.3.
Existing personnel and officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the
city and their rights, privileges and powers shall continue beyond the time this charter takes
effect for a period of 180 days before or during which the existing city council shall pass a
transition ordinance detailing the changes in personnel and appointive officers required or
desired and arranging such titles, rights, privileges and powers as may be required or desired
to allow a reasonable transition.
SECTION 7.4.
Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,
contracts and legal or administrative proceedings shall continue and any such ongoing work
or cases shall be completed by such city agencies, personnel or offices as may be provided
by the city council.
SECTION 7.5.
Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part
thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice
versa.
SECTION 7.6.
Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
or impair other parts of this charter unless it clearly appears that such other parts are wholly
and necessarily dependent upon the part held to be invalid or unconstitutional, it being the
legislative intent in enacting this charter that each article, section, subsection, paragraph,
sentence or part thereof be enacted separately and independent of each other.
ARTICLE VIII
Effective date.
This Act shall become effective on July 1, 2026.
ARTICLE IX
Repealer.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 1205 replaces the entire governing charter for the City of Yatesville, resetting the structure, powers, elections, courts, and finances of the city's government effective July 1, 2026.

### Plain-language summary

This bill rewrites the full charter for the City of Yatesville in Upson County, replacing the city's prior governing document with a comprehensive new one. It reincorporates the city, restates its boundaries, and lays out broad home rule powers covering everything from zoning and utilities to animal control and business licensing.
The bill sets up a city council of a mayor and five councilmembers elected at large to four year terms, spells out how vacancies are filled, and details conflict of interest rules, meeting procedures, and ordinance adoption steps. It creates a municipal court with defined jurisdiction and penalty limits, establishes election rules under the Georgia Election Code, and lays out finance provisions covering property taxes, franchises, bonds, budgeting, and audits.
The new charter takes effect July 1, 2026, and repeals any conflicting prior laws.

### What it does

- Reincorporates the City of Yatesville and reestablishes its boundaries, to be kept on an official map or description at the city clerk's office.
- Creates a five member city council plus a mayor, all elected at large to four year terms, with a 24 month residency requirement to run for office.
- Establishes a Municipal Court of the City of Yatesville with authority to fine up to $1,000 and jail offenders for up to 180 days for ordinance violations.
- Sets conflict of interest rules for officials, including disclosure requirements and penalties such as forfeiture of office for violations.
- Lays out detailed finance powers, including property taxes, occupation taxes, franchises up to 35 years, and bonding authority, plus budget and audit procedures.
- Sets the charter's effective date as July 1, 2026, and repeals any state laws that conflict with it.

### Who it affects

Residents and businesses of the City of Yatesville, the mayor and city council, city employees and appointed officers such as the city attorney and city clerk, boards and commissions, the municipal court and its judges, and Upson County's superior court, which hears appeals and removal cases.

### Why it matters

City government in Yatesville would operate under an entirely new rulebook covering how officials are elected, how taxes and fees are set, how the municipal court punishes ordinance violations, and how budgets and contracts are handled, replacing whatever charter provisions governed the city before.

### Key provisions

- Section 2.1 vests legislative power in a council of a mayor and five members elected at large, continuing as successor to the prior governing authority.
- Section 2.3 sets rules for filling vacancies: council appointment if under 12 months remain in a term, special election if 12 months or more remain.
- Section 2.16 allows emergency ordinances but bars them from levying taxes, granting franchises, or authorizing long-term borrowing.
- Section 4.4 caps municipal court punishment at a $1,000 fine or 180 days imprisonment, or both, unless other law allows more.
- Section 5.2 sets biennial elections in odd-numbered years, staggering the mayor and two council seats separately from the remaining seats.
- Section 6.5 caps franchise grants for streets and alleys at 35 years and requires the city receive adequate compensation.
- Section 6.17 requires the city council to adopt a final operating budget by March 30 each year, or prior year funding continues month-to-month.
- Article VIII sets the charter's effective date as July 1, 2026, and Article IX repeals conflicting laws.

## Status

- Status: Passed (2026-05-11)
- Last action: Effective Date 2026-07-01 (2026-05-11)
- Sponsors: Robert Dickey
- Official page: https://www.legis.ga.gov/legislation/72881

> The history, votes, and amendments (886 characters) are at https://georgiacommons.org/bills/2025-2026/hb1205.md?full=1