Georgia CommonsHB 1246: Clayton, City of; provide new charter
Last action May 11, 2026 · Effective Date 2026-05-11
House Bill 1246 replaces the City of Clayton's old 1909 charter with a completely new one, spelling out how the mayor, city council, city manager, and courts will run city government.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest LegiScan holds.
In plain language
The City of Clayton has operated under a charter first approved in 1909. This bill throws that document out and replaces it with a comprehensive new charter that reincorporates the city and lays out its boundaries, powers, and government structure from scratch. The new charter sets up a council-manager form of government, where an elected mayor and city council set policy and an appointed city manager runs day-to-day operations. It spells out four-year terms for the mayor and council, rules for filling vacancies and removing officials, how ordinances and emergency ordinances are passed, and how the mayor can veto and the council can override that veto. It also creates a municipal court, lays out taxing and bonding powers, budgeting procedures, and personnel rules for city employees. Section 7.19 repeals the 1909 charter Act and all its amendments outright, and Section 7.20 repeals any conflicting laws.
What the bill does
- Reincorporates the City of Clayton under an entirely new charter and repeals the 1909 charter Act and all amendments to it.
- Establishes a council-manager government where the council sets policy and an appointed city manager handles daily administration.
- Sets four-year terms for the mayor and council members, residency requirements, and detailed procedures for vacancies and removal from office.
- Gives the mayor veto power over ordinances, subject to override by a four-member council vote.
- Creates the Municipal Court of Clayton and defines its judges' qualifications, jurisdiction, and procedures for bail, fines, and appeals.
- Grants the city broad taxing, bonding, franchise, and property powers, including property taxes, service charges, and general obligation bonds.
Who it affects
Clayton's elected mayor and city council members, the appointed city manager and other city staff, municipal court judges and defendants, city residents and taxpayers, businesses operating in the city, and utility or franchise holders such as cable and telecommunications companies operating within city limits.
Why it matters
Because the new charter changes how Clayton is governed day to day, residents would see a clearer division between the elected officials who set policy and the appointed manager who runs operations, new rules for mayoral vetoes, and a formally structured municipal court handling local violations and fines.
Key provisions
- Section 1.10 through 1.14 reincorporate the city, set its boundaries, and grant it broad general powers of self-government.
- Section 2.10 establishes the council-manager form of government, with the council setting policy and the manager carrying it out.
- Section 2.11 sets four-year terms and a 12-month residency requirement for mayor and council candidates.
- Section 2.26 details a formal process for removing the city manager, including a preliminary resolution, a public hearing option, and a final removal vote.
- Section 2.31 gives the mayor four days to sign or veto an ordinance, with a council override requiring an affirmative vote of four members.
- Article IV (Sections 4.10-4.15) creates the Municipal Court of Clayton, setting judge qualifications, jurisdiction, bail authority, and appeal rights to the Superior Court of Rabun County.
- Article VI (Sections 6.10-6.33) authorizes property taxes, license fees, franchises, utility charges, special assessments, and both general obligation and revenue bonds.
- Section 7.19 repeals the City of Clayton's original 1909 incorporating Act and all later amendments to it.
From the bill
“The City of Clayton, 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 Clayton, Georgia”
“The general duties of the council shall be to set policy; the general duties of the manager shall be to carry out those policies.”
Status timeline
- Effective Date 2026-05-11
- Act 553
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Passed/Adopted (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
Show full history (13 actions)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Victor Anderson (R, HD-010)
Votes
- House voteFebruary 17, 2026
163 yea, 1 nay (7 not voting, 4 absent)
- Senate voteFebruary 24, 2026
53 yea, 0 nay (1 not voting, 1 absent)
Topics
- city charters
- local government
- municipal court
- Clayton Georgia
- city taxation