House Bill 1536 (AS PASSED HOUSE AND SENATE)
By: Representatives Rhodes of the 124th and Washburn of the 144th
A BILL TO BE ENTITLED
AN ACT
To provide a new charter for the City of Eatonton; 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 tempore; to provide for a city administrator; 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; to repeal specific Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
INCORPORATION AND POWERS
SECTION 1.1.
Reincorporation.
The City of Eatonton, in Putnam County, and the inhabitants thereof are reincorporated by
the enactment of this charter and are hereby constituted and declared a body politic and
corporate under the name and style "City of Eatonton, Georgia" and by that name shall have
perpetual succession.
SECTION 1.2.
Corporate boundaries.
The corporate 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 corporate limits of the City of Eatonton shall mean and include the territory described
as follows:
All of that property located in Putnam County, Georgia consisting of twelve thousand five
hundred sixty-six and thirty-six one hundreds (12,566.36) acres more or less and being a
circle with a radius of two and one half (2.5) miles and with a center point being located
in the center of the courthouse square in the City of Eatonton, Georgia. The center point
of the courthouse square is to be found by drawing a line from each corner of said square
to the opposite corner of said square.
SECTION 1.3.
Powers and construction.
(a) This city shall have all the powers possible for a city to have under the present or future
construction or laws of this state as fully and completely as though they were specifically
enumerated in this charter. This city shall have all the powers of self-government not
otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific
mention or failure to mention powers shall not be construed as limiting in any way the
powers of this city.
SECTION 1.4.
Examples of powers.
(a) Alcoholic beverages. To regulate and license the keeping for sale, selling, or offering
for sale of any spirituous, vinous, malt, or fermented wines or liquors within the corporate
limits of the city consistent with the laws of the State of Georgia;
(b) Animal regulations. To regulate and license or to prohibit the keeping or running at large
of animals and fowl and to provide for the impoundment of same if in violation of any
ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction
of animals and fowl when not redeemed as provided by ordinance; and to provide
punishment for violation of ordinances enacted under this charter;
(c) 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;
(d) Building regulation. To regulate and to license the erection and construction of buildings
and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and
air-conditioning codes; and to regulate all housing and building trades;
(e) 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;
(f) 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;
(g) Contracts. To enter into contracts and agreements with other governmental entities and
with private persons, firms, and corporations;
(h) Emergencies. To establish procedures for determining and proclaiming that an
emergency situation exists within or outside the city and to make and carry out all reasonable
provisions deemed necessary to deal with or meet such an emergency for the protection,
safety, health, or well-being of the citizens of the city;
(i) Environmental protection. To protect and preserve the natural resources, environment,
and vital areas of the state through the preservation and improvement of air quality, the
restoration and maintenance of water resources, the control of erosion and sedimentation, the
management of solid and hazardous waste, and other necessary actions for the protection of
the environment;
(j) Fire regulations. To fix and establish fire limits and, from time to time, extend, enlarge,
or restrict the same; to prescribe fire safety regulations not inconsistent with general law,
relating to both fire prevention and detection and to fire fighting; and to prescribe penalties
and punishment for violations thereof;
(k) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and
disposal, and other sanitary service charge, tax, or fee for such services as may be necessary
in the operation of the city from all individuals, firms, and corporations residing in the city
or doing business therein benefiting from such services; to enforce the payment of such
charges, taxes or fees; and to provide for the manner and method of collecting such service
charges;
(l) 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;
(m) 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;
(n) Health and sanitation. To prescribe standards of health and sanitation and to provide for
the enforcement of such standards;
(o) Jail sentences. To provide that persons given jail sentences in the municipal court may
work out such sentences in any public works or on the streets, roads, drains, and other public
property in the city; to provide for commitment of such persons to any jail; or to provide for
commitment of such persons to any county work camp or county jail by agreement with the
appropriate county officials;
(p) 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;
(q) 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;
(r) 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;
(s) 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;
(t) 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;
(u) 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, broadband internet, 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;
(v) Nuisance. To define a nuisance and provide for its abatement, whether on public or
private property;
(w) 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;
(x) Planning and zoning. To provide comprehensive city planning for development by
zoning; and to provide subdivision regulation and the like as the city council deems
necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;
(y) Police and fire protection. To exercise the power of arrest through duly appointed police
officers, and to establish, operate, or contract for police and firefighting agencies;
(z) 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;
(aa) Public improvements. To provide for the acquisition, construction, building, operation,
and maintenance of parks and playgrounds, public grounds, recreational facilities, public
buildings, and charitable, cultural, educational, recreational, conservation, and sports
institutions, agencies, and facilities; and to regulate the use of public improvements;
(bb) Public peace. To provide for the prevention and punishment of loitering, disorderly
conduct, drunkenness, riots, and public disturbances;
(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 services to be provided by the franchise grantee or
contractor, insofar as not in conflict with valid regulations of the Georgia Public Service
Commission;
(dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal,
and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other
structures or obstructions upon or adjacent to the rights of way of streets and roads or within
view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and
punishment for violation of such ordinances;
(ee) Retirement. To provide and maintain a retirement plan for elected officials, 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) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish,
and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by
others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper,
and other recyclable materials, and to provide for the sale of such items;
(hh) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops,
the manufacture, sale, or transportation of any intoxicating liquors, alcoholic beverages,
tobacco, and use of firearms; to regulate the transportation, storage, and use of combustible,
explosive, and inflammable materials, the use of lighting and heating equipment, and any
other business or situation which may be dangerous to persons or property; to regulate and
control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and
shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit
professional fortunetelling, palmistry, adult bookstores, and massage parlors;
(ii) Special assessments. To levy and provide for the collection of special assessments to
cover the costs for any public improvements;
(jj) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and
collection of taxes on all property subject to taxation;
(kk) Taxes; other. To levy and collect such other taxes as may be allowed, now or in the
future, by law;
(ll) Vehicles for hire. To regulate and license vehicles operated for hire in the city; to limit
the number of such vehicles; to require the operators thereof to be licensed; to require public
liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to
regulate the parking of such vehicles;
(mm) Urban redevelopment. To organize and operate an urban redevelopment program; and
(nn) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and
immunities necessary or desirable to promote or protect the safety, health, peace, security,
good order, comfort, convenience, or general welfare of the city and its inhabitants; to
exercise all implied powers necessary or desirable to carry into execution all powers granted
in this charter as fully and completely as if such powers were fully stated herein; to exercise
all powers now or in the future authorized to be exercised by other municipal governments
under other laws of the State of Georgia; and no listing of particular powers in this charter
shall be held to be exclusive of others, nor restrictive of general words and phrases granting
powers, but shall be held to be in addition to such powers, unless expressly prohibited to
municipalities under the Constitution or applicable laws of the State of Georgia.
SECTION 1.5.
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.
SECTION 1.6.
Vesting of property owned.
The title to any property, real or personal, within or without the corporate limits of said city
heretofore acquired by the City of Eatonton, with or without proper charter authority, is
hereby vested in the City of Eatonton, Georgia created by this charter, the acquisition thereof
being hereby ratified and made lawful.
SECTION 1.7.
Assumption of former debts.
The City of Eatonton created by this Act is hereby made responsible, as a body corporate,
for all legal undertakings, liabilities, and debts of the former City of Eatonton, whether for
principal and interest or outstanding bonds, or other contracts or indebtedness.
ARTICLE II
GOVERNMENT STRUCTURE
SECTION 2.1.
City council creation; number; election.
The legislative authority of the government of this city, except as otherwise specifically
provided in this charter, shall be vested in a city council to be composed of a mayor and
seven councilmembers. The city council established shall in all respects be a successor to
and continuation of the governing authority under prior law. The mayor and councilmembers
shall be elected in the manner provided by general law and this charter.
SECTION 2.2.
City councilmembers; terms and qualifications for office; wards.
(a) The mayor and councilmembers serving on the effective date of this charter shall serve
until the expiration of the terms for which each was elected. Their successors shall be
elected at the municipal election immediately preceding expiration of such term.
(b) The members of the city council shall serve for terms of four years and until their
respective successors are elected and qualified. No person shall be eligible to serve as
councilmember unless that person shall have been a resident of the city for 12 months prior
to qualifying for election to the office; 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.
(c) In addition to the above requirements, no person shall be eligible to serve as a
councilmember representing a council district unless that person has been a resident of the
district such person seeks to represent for a continuous period of at least six months
immediately prior to qualifying for election to the office and continues to reside in such
district during that person's period of service.
(d) No person shall be eligible to hold the office of mayor or councilmember until having
passed his or her 21st birthday.
(e) No person shall be eligible to hold office of mayor or councilmember if convicted of any
crime involving moral turpitude.
(f) The term of office of each member of the city council shall begin on the first day of
January immediately following the election of such member unless general law authorizes
or requires the term to begin upon some other date.
(g) For the purpose of electing councilmembers, the city shall be divided into four wards,
which shall consist of the territory shown on "Exhibit A" attached hereto and are enumerated
as follows:
<ins>WARD 1
</ins> COUNTY FIPS 237 TRACT 960201
1066
1067
1068
1070
COUNTY FIPS 237 TRACT 960203
1000
3001
3004
3005
3006
3007
3009
3010
3011
3012
3013
3021
3023
4000
4001
4012
4016
4024
COUNTY FIPS 237 TRACT 960204
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1016
1017
1021
1022
1023
1024
1025
3000
3003
3004
<ins>WARD 2
</ins> COUNTY FIPS 237 TRACT 960101
2009
COUNTY FIPS 237 TRACT 960203
1005
1006
1009
COUNTY FIPS 237 TRACT 960101
1014
1015
1018
1019
1020
2001
2002
2003
2004
2005
2006
2007
2008
2034
2035
2036
2037
2038
2039
3001
3002
3005
3006
3007
3008
3009
3010
3011
3012
3013
3014
3015
3017
<ins>WARD 3
</ins> COUNTY FIPS 237 TRACT 960101
2010
COUNTY FIPS 237 TRACT 960203
1003
1007
1008
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1027
1028
1029
1030
1031
1034
1035
1036
1037
1038
2047
COUNTY FIPS 237 TRACT 960204
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2024
2025
2028
2031
2032
2033
3016
3018
3019
3020
3021
COUNTY FIPS 237 TRACT 960301
2008
2009
2010
2011
2015
2016
<ins>WARD 4
</ins> COUNTY FIPS 237 TRACT 960203
1001
1002
1004
2022
2025
2029
2030
2031
2032
2033
2039
2040
2041
2042
2043
2044
2045
2046
2048
3002
3003
3008
3014
3015
3016
3017
3018
3019
3020
3022
4002
4003
4004
4005
4006
4007
4008
4009
4010
4011
4013
4014
4015
4017
4018
4019
4020
4021
4022
4023
4025
4026
4027
4028
For the purposes of this section, the terms "tract" or "census tract," "block group," and
"block" shall mean and shall describe the same geographical boundaries as provided in the
report of the Bureau of the Census for the United States decennial census of 2020 for the
State of Georgia (Putnam County).
(h) The city council seats shall be designated Ward 1, Ward 2, Ward 3, Ward 4, Wards 1 and
4, Wards 2 and 3, and At-Large. Candidates shall designate the district for which they are
offering when qualifying for election.
(1) One councilmember shall be elected by a majority of the qualified voters from Ward
1 of the city as delineated and described in this section.
(2) One councilmember shall be elected by a majority of the qualified voters from Ward
2 of the city as delineated and described in this section.
(3) One councilmember shall be elected by a majority of the qualified voters from Ward
3 of the city as delineated and described in this section.
(4) One councilmember shall be elected by a majority of the qualified voters from Ward
4 of the city as delineated and described in this section.
(5) One councilmember shall be elected by a majority of the qualified voters from Ward
1 and Ward 4 combined of the city as delineated and described in this section.
(6) One councilmember shall be elected by a majority of the qualified voters from Ward
2 and Ward 3 combined of the city as delineated and described in this section.
(7) One councilmember shall be elected by a majority of the qualified voters from the city
at large.
SECTION 2.3.
Vacancy; filling of vacancies; suspensions.
(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 Official Code of Georgia Annotated,
or such other applicable laws as are or may hereafter be enacted.
(b) Filling of vacancies. A vacancy in the office of mayor 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 remain 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 Official Code of Georgia
Annotated, or other such laws as are or may hereafter be enacted.
(c) Suspension. Upon the suspension from office of mayor or councilmember in any manner
authorized by the general laws of the State of Georgia, the city council or those remaining
shall appoint a successor for the duration of the suspension. If the suspension becomes
permanent, then the office shall become vacant and shall be filled for the remainder of the
unexpired term, if any, as provided for in this charter.
SECTION 2.4.
Compensation and expenses.
The mayor and each councilmember shall receive compensation, benefits, and expenses for
their services as provided by ordinance.
SECTION 2.5.
Conflicts of interest; holding other offices.
(a) Elected and appointed officers of the city are trustees and servants of the residents of the
city and shall act in a fiduciary capacity for the benefit of such residents.
(b) Conflict of interest. No elected official, appointed officer, or employee of the city or any
agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other personal interest,
direct or indirect, which is incompatible with the proper discharge of that person's official
duties or which would tend to impair the independence of that person's judgment or action
in the performance of his or her official duties;
(2) Engage in or accept private employment or render services for private interests when
such employment or service is incompatible with the proper discharge of that person's
official duties or would tend to impair the independence of that person's judgment or action
in the performance of his or her official duties;
(3) Disclose confidential information, including information obtained at meetings which
are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,
government, or affairs of the governmental body by which that person is engaged without
proper legal authorization, or use such information to advance the financial or other private
interest of that person or others;
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from
any person, firm, or corporation which to that person's knowledge is interested, directly or
indirectly, in any manner whatsoever, in business dealings with the governmental body by
which that person is engaged; provided, however, that an elected official who is a candidate
for public office may accept campaign contributions and services in connection with any
such campaign;
(5) Represent other private interests in any action or proceeding against this city or any
portion of its government; or
(6) Vote or otherwise participate in the negotiation or in the making of any contract with
any business or entity in which that person has a financial interest.
(c) Disclosure. Any elected official, appointed officer, or employee who shall have any
financial interest, directly or indirectly, in any contract or matter pending before or within
any department of the city shall disclose such interest to the city council. The mayor or any
councilmember who has a financial interest in any matter pending before the city council
shall disclose such interest, and such disclosure shall be entered on the records of the city
council, and that person shall disqualify himself or herself from participating in any decision
or vote relating thereto. Any elected official, appointed officer, or employee of any agency
or political entity to which this charter applies who shall have any financial interest, directly
or indirectly, in any contract or matter pending before or within such entity shall disclose
such interest to the governing body of such agency or entity.
(d) Use of public property. No elected official, appointed officer, or employee of the city
or any agency or entity to which this charter applies shall use property owned by such
governmental entity for personal benefit, convenience, or profit except in accordance with
policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts voidable and rescindable. Any violation of this section which occurs with the
knowledge, express or implied, of a party to a contract or sale shall render such contract or
sale voidable at the option of the city council.
(f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor
any councilmember shall hold any other elective or compensated appointive office in the city
or otherwise be employed by said government or any agency thereof during the term for
which that person was elected. No former councilmember and no former mayor shall hold
any compensated appointive office in the city until one year after the expiration of the term
for which that person was elected.
(g) Political activities of certain officers and employees. No appointed officer or employee
of the city shall continue in such employment upon qualifying as a candidate for nomination
or election to any public office. No employee of the city shall continue in such employment
upon election to any public office in this city or any other public office which is inconsistent,
incompatible, or in conflict with his or her duties as a city employee. Such determination
shall be made by the mayor and city council either immediately upon election or at any time
such conflict may arise.
(h) Penalties for violation.
(1) Any city officer or employee who knowingly conceals such financial interest or
knowingly violates any of the requirements of this section shall be guilty of malfeasance
in office or position and shall be deemed to have forfeited that person's office or position.
(2) Any officer or employee of the city who shall forfeit his or her office or position as
described in paragraph (1) of this subsection shall be ineligible for appointment, election
to, or employment in a city government position for a period of three years thereafter.
SECTION 2.6.
Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and
investigations into the affairs of the city and in the conduct of any department, office, or
agency thereof and for this purpose may subpoena witnesses, administer oaths, take
testimony, and require the production of evidence. Any person who fails or refuses to obey
a lawful order issued in the exercise of these powers by the city council shall be punished as
may be provided by ordinance.
SECTION 2.7.
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 Eatonton and may enforce such ordinances by
imposing penalties for violation thereof.
SECTION 2.8.
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 2.9.
Meetings.
(a) The city council shall hold regular meetings at such times and places as shall be
prescribed by ordinance.
(b) At the first regular meeting in January of each even-numbered year, 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
ward and the City of Eatonton 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 Eatonton to the best of my ability without fear, favor, affection, reward, or
expectation thereof."
(c) Special meetings of the city council may be held on call of the mayor or three members
of the city council. Notice of such special meeting shall be served on all other members
personally, or by telephone personally, at least 24 hours in advance of the meeting. Such
notice to councilmembers shall not be required if the mayor and all councilmembers are
present when the special meeting is called. Such notice of any special meeting may be
waived by a councilmember in writing before or after such a meeting, and attendance at the
meeting shall also constitute a waiver of notice on any business transacted in such
councilmember's presence. Only the business stated in the call may be transacted at the
special meeting.
(d) All meetings of the city council shall be public to the extent required by law and notice
to the public of special meetings shall be made as fully as is reasonably possible, as provided
by O.C.G.A. § 50-14-1 or other such applicable laws as are or may hereafter be enacted.
SECTION 2.10.
Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with
the provisions of this charter and shall provide for keeping of a book of minutes, or journal,
of its proceedings, which shall be a public record.
(b) All committees and committee chairpersons 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 2.11.
Quorum; voting.
Four councilmembers, including the presiding officer but not the mayor, shall constitute a
quorum to transact business of the city council. The affirmative vote of a majority of the
councilmembers present at a meeting at which a quorum is present shall be sufficient to
transact business, unless a greater number is required by this charter or by general law.
Voting on the adoption of ordinances shall be by voice vote, show of hands, or similar
indicator and the vote shall be recorded in the minutes, or journal; but any councilmember
shall have the right to request a roll-call vote, and such vote shall also be recorded in the
minutes, or journal.
SECTION 2.12.
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
Eatonton..." and every ordinance shall so begin.
(b) Amendments to any of the provisions of this Code may be made by amending such
provisions by specific reference to the section number of this Code in the following
language: "That section _____ of the Code of Ordinances, City of Eatonton, Georgia, is
amended to read as follows:...." The new provisions shall then be set out in full.
(c) An ordinance may be introduced by any councilmember and be read at a regular or
special meeting of the city council. Ordinances shall be considered and adopted or rejected
by the city council in accordance with the rules which it shall establish; provided, however,
an ordinance shall not be considered for adoption the same day it is introduced, except for
emergency ordinances provided for in Section 2.15 of this charter. Upon introduction of any
ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each
councilmember and shall file a reasonable number of copies in the office of the clerk and at
such other public places as the city council may designate.
SECTION 2.13.
Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.14.
Codes of technical regulations.
(a) The city council may adopt any standard code of technical regulations by reference
thereto in an adopting ordinance. The procedure and requirements governing such adopting
ordinance shall be as prescribed for ordinances generally except that:
(1) The requirements of subsection (b) of Section 2.12 of this charter for distribution and
filing of copies of the ordinance shall be construed to include copies of any code of
technical regulations, as well as the adopting ordinance; and
(2) A copy of each adopted code of technical regulations, as well as the adopting
ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.16 of this
charter.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk
for inspection by the public.
SECTION 2.15.
Emergencies.
(a) To meet a public emergency affecting life, health, property, or public peace, the city
council may convene on call of the mayor or three councilmembers and may promptly adopt
an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a
franchise; regulate the rate charged by any public utility for its services; or authorize the
borrowing of money except for loans to be repaid within 30 days. An emergency ordinance
shall be introduced in the form prescribed for ordinances generally, except that it shall be
plainly designated as an emergency ordinance and shall contain, after the enacting clause,
a declaration stating that an emergency exists and describing the emergency in clear and
specific terms. An emergency ordinance may be adopted, with or without amendment, or
rejected at the meeting at which it is introduced, but the affirmative vote of at least three
councilmembers shall be required for adoption. It shall become effective upon adoption or
at such later time as it may specify. Every emergency ordinance shall automatically stand
repealed 30 days following the date upon which it was adopted, but this shall not preclude
reenactment of the ordinance in the manner specified in this section if the emergency still
exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance
in the same manner specified in this section for adoption of emergency ordinances.
(b) Such meetings shall be open to the public to the extent required by law, and notice to the
public of emergency meetings shall be made as fully as is reasonably possible in accordance
with O.C.G.A. § 50-14-1 or such other applicable laws as are or may hereafter be enacted.
SECTION 2.16.
Signing; authenticating; recording; codification; printing.
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly
indexed book kept for that purpose all ordinances adopted by the city council.
(b) The city council shall provide for the preparation of a general codification of all the
ordinances of the city having the force and effect of law. The general codification shall be
adopted by the city council by ordinance and shall be published promptly, together with all
amendments thereto and such codes of technical regulations and other rules and regulations
as the city council may specify. This compilation shall be known and cited officially as the
"Code of Ordinances, City of Eatonton, 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 2.17.
Election of mayor; forfeiture; compensation.
(a) The mayor shall be elected at large by majority vote and shall serve for a term of four
years and until a successor is elected and qualified. The mayor shall be a qualified elector
of this city and shall have been a resident of the city for 12 months 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.
(b) The term of office of mayor shall begin on the first day of January immediately
following such election unless general law authorizes or requires the term to begin upon
some other date.
SECTION 2.18.
Mayor pro tem; selection; duties.
(a) By a majority vote, the councilmembers shall elect a councilmember to serve as mayor
pro tem. The mayor pro tem shall assume the duties and powers of the mayor during the
mayor's physical or mental disability, suspension from office, or absence. Any such
disability or absence shall be declared by a majority vote of the councilmembers. The mayor
pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying
financial interest as provided in Section 2.5 of this charter.
(b) If the mayor pro tem is absent, any one of the remaining councilmembers, chosen by a
majority vote of the members present, shall be clothed with all the rights and privileges of
the mayor and shall perform the mayor's duties during the mayor's physical or mental
disability, suspension from office, or absence. When serving as mayor, the mayor pro tem
shall not also vote as a member of the council.
SECTION 2.19.
Powers and duties of mayor.
The mayor shall have authority:
(1) To serve as 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;
(2) To administer oaths and to take affidavits;
(3) To preside over any and all meetings of the city council, but not to vote therein except
in elections and impeachments;
(4) To call special meetings of the council whenever he or she may deem same necessary,
provided that he or she shall be required to call a meeting of said city council whenever
three councilmembers shall so request in writing;
(5) To have general oversight over all executive officers, employees or servants of the city,
and in case of misconduct, or neglect of duty on the part of any such officer, employee or
servant, he or she shall have power to suspend any such officer, employee or servant,
pending investigation by city council;
(6) To pardon offenders against the city ordinances and to suspend, revoke or vacate any
sentence of the municipal court of the city, four of the seven councilmembers approving
such veto, suspension or reduction;
(7) Sign as a matter of course on behalf of the city all written and approved contracts,
ordinances, and other instruments executed by the city which by law are required to be in
writing and within a level of authorization as established by the city council; and
(8) To exercise all other powers conferred upon him or her by this charter, or which may
hereafter be conferred upon him or her by ordinance of the city council not in conflict with
this charter.
SECTION 2.20.
City administrator; appointment; qualifications; compensation.
The city council shall appoint a city administrator for an indefinite term and shall fix the city
administrator's compensation. The city administrator shall be appointed without regard to
political beliefs and solely on the basis of his or her executive and administrative
qualifications with special reference to his or her educational background and actual
experience in and knowledge of the duties of office.
SECTION 2.21.
City administrator; powers and duties enumerated.
The city administrator shall have the power, and it shall be his or her duty to:
(1) See that all laws and ordinances of the city are faithfully enforced;
(2) Hire and discharge for cause any employee of the city not authorized to be appointed
or elected by the city council, provided that such power to appoint or discharge may be
delegated to any other official or employee by the city administrator;
(3) Supervise and direct the official conduct of all appointed city officers;
(4) Exercise supervision and control over all departments and divisions of the city except
where otherwise provided by law;
(5) Attend all meetings of the city council with the right to take part, but not vote, in all
discussions;
(6) Recommend to the city council for adoption such measures as he or she may deem
necessary and expedient;
(7) Supervise the purchasing and submit to the city council prior to the beginning of such
fiscal year a budget of proposed expenditures for the ensuing year, showing in as much
detail as practicable the amounts allotted to each department of the city government, and
the reasons for such estimated expenditures;
(8) Keep current accounts showing at all times the fiscal condition of the city, including
the current and anticipated expenses, appropriations, cash on hand and anticipated revenue
of all municipal funds and accounts;
(9) Keep the members of the city council fully advised as to the financial condition and
needs of the city;
(10) Fix all salaries and compensation of city employees lawfully employed by him or her,
subject to the approval of the city council;
(11) Examine all proposed contracts to which the city may be party, and sign on behalf of
the city any contract authorized by the city council, except where the city council directs
that some other officer may do so;
(12) Supervise the performance of all contracts made for work for the city;
(13) Supervise, through the purchasing agents, all purchases of supplies, material and
equipment for the city and see that they are received as contracted for, provided that if a
purchase of unbudgeted items in excess of $500.00 is involved, prior approval of the city
council shall be necessary;
(14) Conduct all sales which the city council may authorize of personal property of the city
which has become unnecessary or unfit for the city to use;
(15) Keep a current inventory showing all real and personal property of the city, and its
location;
(16) See to publication of all notices and documents required by law to be published;
(17) Prepare for the election officials all notices, ballots and election supplies necessary
in connection with municipal elections;
(18) Prepare and have custody of all municipal records required by law to be kept by the
city and not by a specific officer; and
(19) Perform such other duties as may be prescribed by this charter, or required by
ordinance or resolution of the city council.
SECTION 2.22.
City council interference with administration.
Except for the purpose of inquiries and investigations under Section 2.6 of the city charter,
the mayor and the city council or its members shall deal with city officers and employees
who are subject to the direction or supervision of the city administrator solely through the
city administrator, and neither the mayor, nor the city council nor its members shall give
orders directly to any such officer or employee, either publicly or privately.
SECTION 2.23.
Removal of city administrator.
The city administrator shall be employed at will and may be summarily removed from office
at any time by the city council.
SECTION 2.24.
Acting city administrator.
By letter filed with the city clerk, the city administrator shall designate, subject to approval
of the city council, a qualified city administrative officer to exercise the powers and perform
the duties of administrator during the city administrator's temporary absence or physical or
mental disability. During such absence or disability, the city council may revoke such
designation at any time and appoint another officer of the city to serve until the city
administrator shall return or the city administrator's disability shall cease.
ARTICLE III
ADMINISTRATIVE AFFAIRS
SECTION 3.1.
Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council shall prescribe the functions
or duties of and shall 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 department heads and other
appointed officers of the city shall be appointed solely on the basis of their respective
administrative and professional qualifications.
(c) All appointed officers and department heads shall receive such compensation as
prescribed by resolution.
(d) There shall be a head of each department or agency who shall be its principal officer.
Each department head shall, subject to the direction and supervision of the city administrator,
be responsible for the administration and direction of the affairs and operations of that
particular department or agency.
(e) All appointed officers and department heads, except where otherwise prescribed by this
charter or by law, shall be appointed by the city council. All officers and department heads
shall be employees at will and subject to removal or suspension at any time, 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 mayor and council for such terms of office and in such manner as shall be provided by
ordinance, except where other appointing authority, terms of office, or manner of
appointment is prescribed by this charter or by law.
(c) The city council by ordinance may provide for the compensation and reimbursement for
actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board,
commission, or authority shall hold any elective office in the city or Putnam County. This
provision shall not apply to the mayor or councilmembers.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the
unexpired term in the manner prescribed in this charter for original appointment, except as
otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until that person has
executed and filed with the clerk of the city an oath obligating that person to perform
faithfully and impartially the duties of his or her office; such oath shall be prescribed by
ordinance and administered by the mayor or the mayor's designee.
(g) All members of boards, commissions, or authorities of the city serve at will and may be
removed at any time by the mayor and council unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission, or
authority of the city shall elect one of its members as chairperson and one member as vice
chairperson and may elect as its secretary one of its own members or may appoint as
secretary an employee of the city. Each board, commission, or authority of the city
government may establish such bylaws, rules, and regulations not inconsistent with this
charter, ordinances of the city, or law, as it deems appropriate and necessary for the
fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and
regulations shall be filed with the clerk of the city.
SECTION 3.3.
City attorney.
(a) The city council shall appoint a city attorney, together with such assistant city attorneys
as may be authorized, and shall provide for the payment of such attorney or attorneys for
services rendered to the city. The city attorney shall be responsible for providing for the
representation and defense of the city in all litigation in which the city is a party, may be the
prosecuting officer in the municipal court, shall attend the meetings of the city council as
directed, shall advise the mayor and council and other officers and employees of the city
concerning legal aspects of the city's affairs, and shall perform such other duties as may be
required by virtue of such person's position as city attorney.
(b) The city attorney is not a public official of the city and does not take an oath of office.
A law firm, in lieu of an individual, may be designated as the city attorney.
SECTION 3.4.
City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk
shall be custodian of the official city seal and city records, maintain city council records
required by this charter, and perform such other duties as may be required by the city council.
SECTION 3.5.
Position classification and pay plans.
The city administrator 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
JUDICIAL BRANCH
SECTION 4.1.
Creation; name.
There shall be a court to be known as the Municipal Court of the City of Eatonton, Georgia.
SECTION 4.2.
Chief judge; associate judge.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time,
or stand-by judges as shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as judge of the municipal court unless
that person shall have attained the age of 25 years, shall be a member of the State Bar of
Georgia, shall have practiced law for at least three years prior to his or her appointment, and
shall possess all other qualifications required by law. He or she shall hold no other municipal
office in the city during his or her tenure as judge. The judge shall be appointed by the
governing body and shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Any judge shall serve at will and may be removed from office in accordance with
O.C.G.A. § 36-32-2.1, as amended, or any successor statute enacted by the General
Assembly.
(e) Before assuming office, each judge shall take an oath, given by the mayor or other
officer authorized by law to administer oaths, that such judge will honestly and faithfully
discharge the duties of the judge's office to the best of his or her ability and without fear,
favor, or partiality. The oath shall be entered upon the official minutes of the city council.
SECTION 4.3.
Solicitor.
There shall be a solicitor of the Municipal Court of Eatonton, Georgia. Duties, powers,
qualifications, appointment, term of service, compensation, and removal may be provided
by ordinance.
SECTION 4.4.
Clerk.
There shall be a clerk of the Municipal Court of Eatonton, Georgia. Duties, powers,
qualifications, appointment, term of service, compensation, and removal may be provided
by ordinance.
SECTION 4.5.
Convening.
The municipal court shall be convened at regular intervals as determined by the chief judge,
subject to ordinance.
SECTION 4.6.
Jurisdiction; powers.
(a) The municipal court shall try and punish violations of this charter, all city ordinances,
and such other violations as provided by law.
(b) The municipal court shall have authority to punish those in its presence for contempt,
provided that such punishment shall not exceed $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not
exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and
imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as
now or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost
of operation and shall be entitled to require reimbursement from any defendant found guilty
of any violation of an ordinance or state law the costs of transportation, incarceration, and
the caretaking of any defendant bound over to superior or state court for violations of state
law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure
the presence of those charged with violations before such court and shall have discretionary
authority to accept cash or personal or real property as surety for the appearance of persons
charged with violations. Whenever any person shall give bail for that person's appearance
and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the
judge presiding at such time and an execution issued thereon by serving the defendant and
the defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi.
In the event that cash or property is accepted in lieu of bond for security for the appearance
of a defendant at trial, and if such defendant fails to appear at the time and place fixed for
trial, the cash so deposited shall be, on order of the judge, declared forfeited to the city, or
the property so deposited shall have a lien against it for the value forfeited which lien shall
be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the
production of evidence in the possession of any party; to enforce obedience to its orders,
judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper
disposal of each case by the issuance of summonses, subpoenas, and warrants which may be
served as executed by any officer as authorized by this charter or by law.
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of
1000 persons charged with offenses against any ordinance of the city, and each judge of the
1001 municipal court shall have the same authority as a magistrate of the state to issue warrants
1002 for offenses against state laws committed within the city.
1003 SECTION 4.7.
1004 Certiorari.
1005 The right of certiorari from the decision and judgment of the municipal court shall exist in
1006 all criminal cases and ordinance violation cases, and such certiorari shall be obtained under
1007 the sanction of a judge of the Superior Court of Putnam County under the laws of the State
1008 of Georgia regulating the granting and issuance of writs of certiorari.
1009 SECTION 4.8.
1010 Rules for court.
1011 With the approval of the city council, the judge shall have full power and authority to make
1012 reasonable rules and regulations necessary and proper to secure the efficient and successful
1013 administration of the municipal court; provided, however, that the city council may adopt in
1014 part or as a whole the rules and regulations applicable to municipal courts. The rules and
1015 regulations made or adopted shall be filed with the city clerk and be available for public
1016 inspection, and, upon request, a copy shall be furnished to all defendants in municipal court
1017 proceedings at least 48 hours prior to such proceedings.
1018 ARTICLE V
1019 ELECTIONS AND REMOVAL
1020 SECTION 5.1.
1021 Applicability of general law.
1022 All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title
1023 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
1024 SECTION 5.2.
1025 Regular elections; time for holding.
1026 (a) There shall be a municipal general election held biennially in odd-numbered years on the
1027 Tuesday next following the first Monday in November.
1028 (b) There shall be elected the mayor, councilmember Ward 1 and 4, councilmember Ward
1029 2 and 3, and councilmember at-large at one election and at every other election thereafter.
1030 The remaining city council seats shall be filled at the election alternating with the first
1031 election, so that a continuing body is created. Terms shall be for four years. Current
1032 members of the city council shall serve their remaining terms.
1033 SECTION 5.3.
1034 Nonpartisan elections.
1035 Political parties shall not conduct primaries for city offices, and all names of candidates for
1036 city offices shall be listed without party designations.
1037 SECTION 5.4.
1038 Election by majority vote.
1039 The councilmembers from Ward 1, Ward 2, Ward 3, Ward 4, Ward 1 and 4, and Ward 2 and
1040 3 shall be elected by a majority vote of the electors of their respective districts. The mayor
1041 and councilmember at-large shall be elected by a majority vote of the votes cast for each
1042 position by the electors of the city at large.
1043 SECTION 5.5.
1044 Special elections; vacancies.
1045 In the event that the office of mayor or councilmember shall become vacant as provided in
1046 Section 2.3 of this charter, the city council or those remaining shall order a special election
1047 to fill the balance of the unexpired term of such official; provided, however, that, if such
1048 vacancy occurs within 12 months of the expiration of the term of that office, the city council
1049 or those members remaining shall appoint a successor, who shall meet the qualifications for
1050 office in Section 2.2 of this charter, for the remainder of the term. In all other respects, the
1051 special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the
1052 O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
1053 SECTION 5.6.
1054 Other provisions.
1055 Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe
1056 such rules and regulations as it deems appropriate to fulfill any options and duties under
1057 Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
1058 SECTION 5.7.
1059 Removal of officers.
1060 (a) A councilmember, the mayor, or other appointed officers provided for in this charter
1061 shall be removed from office for any one or more of the causes provided in Title 45 of the
1062 O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
1063 (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished
1064 by one of the following methods:
1065 (1) Following a hearing at which an impartial panel shall render a decision. In the event
1066 an elected officer is sought to be removed by the action of the city council, such officer
1067 shall be entitled to a written notice specifying the ground or grounds for removal and to a
1068 public hearing which shall be held not less than ten days after the service of such written
1069 notice. The city council shall provide by ordinance for the manner in which such hearings
1070 shall be held. Any elected officer sought to be removed from office as provided in this
1071 section shall have the right of appeal from the decision of the city council to the Superior
1072 Court of Putnam County. Such appeal shall be governed by the same rules as govern
1073 appeals to the superior court from the probate court; or
1074 (2) By an order of the Superior Court of Putnam County following a hearing on a
1075 complaint seeking such removal brought by any resident of the City of Eatonton.
1076 (c) This section shall not apply to municipal court judges, whose removal is governed by
1077 Article IV of this charter and state law.
1078 ARTICLE VI
1079 FINANCE
1080 SECTION 6.1.
1081 Property tax.
1082 The city council may assess, levy, and collect an ad valorem tax on all real and personal
1083 property within the corporate limits of the city that is subject to such taxation by the state and
1084 county. This tax is for the purpose of raising revenues to defray the costs of operating the city
1085 government, of providing governmental services, for the repayment of principal and interest
1086 on general obligations, and for any other public purpose as determined by the city council
1087 in its discretion.
1088 SECTION 6.2.
1089 Millage rate; due dates; payment methods.
1090 The city council by resolution shall establish a millage rate for the city property tax, a due
1091 date, and the time period within which these taxes must be paid. The city council may
1092 provide for the payment of these taxes by installments or in one lump sum, as well as
1093 authorize the voluntary payment of taxes prior to the time when due.
1094 SECTION 6.3.
1095 Occupation and business taxes.
1096 The city council by ordinance shall have the power to levy such occupation or business taxes
1097 as are not denied by law. The city council may classify businesses, occupations, or
1098 professions for the purpose of such taxation in any way which may be lawful and may
1099 compel the payment of such taxes as provided in Section 6.9 of this charter.
1100 SECTION 6.4.
1101 Licenses; permits; fees.
1102 The city council by ordinance shall have the power to require businesses or practitioners
1103 doing business in this city to obtain a permit for such activity from the city and pay a
1104 regulatory fee for such permit as provided by general law. Such fees shall reflect the total
1105 cost to the city of regulating the activity and, if unpaid, shall be collected as provided in
1106 Section 6.9 of this charter.
1107 SECTION 6.5.
1108 Franchises.
1109 (a) The city council shall have the power to grant franchises for the use of this city's streets
1110 and alleys for the purposes of railroads, street railways, telephone companies, electric
1111 companies, electric membership corporations, cable television and other telecommunications
1112 companies, gas companies, transportation companies, and other similar organizations. The
1113 city council shall determine the duration and terms, whether the same shall be exclusive or
1114 nonexclusive, and the consideration for such franchises; provided, however, that no franchise
1115 shall be granted for a period in excess of 35 years, and no franchise shall be granted unless
1116 the city receives just and adequate compensation therefor. The city council shall provide for
1117 the registration of all franchises with the city clerk in a registration book kept by the city
1118 clerk. The city council may provide by ordinance for the registration within a reasonable
1119 time of all franchises previously granted.
1120 (b) If no franchise agreement is in effect, the city council has the authority to impose a tax
1121 on gross receipts for the use of this city's streets and alleys for the purposes of railroads,
1122 street railways, telephone companies, electric companies, electric membership corporations,
1123 cable television and other telecommunications companies, gas companies, transportation
1124 companies, and other similar organizations.
1125 SECTION 6.6.
1126 Service charges.
1127 The city council by ordinance shall have the power to assess and collect fees, charges,
1128 assessments, and tolls for services provided or made available within and outside the
1129 corporate limits of the city. If unpaid, such charges shall be collected as provided in Section
1130 6.9 of this charter.
1131 SECTION 6.7.
1132 Special assessments.
1133 The city council by ordinance shall have the power to assess and collect the costs of
1134 constructing, reconstructing, widening, or improving any public way, street, sidewalk,
1135 curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property
1136 owners. If unpaid, such charges shall be collected as provided in Section 6.9 of this charter.
1137 SECTION 6.8.
1138 Construction; other taxes.
1139 This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,
1140 and the specific mention of any right, power, or authority in this article shall not be construed
1141 as limiting in any way the general powers of this city to govern its local affairs.
1142 SECTION 6.9.
1143 Collection of delinquent taxes and fees.
1144 The city council by ordinance may provide generally for the collection of delinquent taxes,
1145 fees, or other revenue due the city under Sections 6.1 through 6.8 of this charter by whatever
1146 reasonable means as are not precluded by law. This shall include providing for the dates
1147 when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.;
1148 creation and priority of liens; making delinquent taxes and fees personal debts of the persons
1149 required to pay the taxes or fees imposed; revoking city permits for failure to pay any city
1150 taxes or fees; and providing for the assignment or transfer of tax executions.
1151 SECTION 6.10.
1152 General obligation bonds.
1153 The city council shall have the power to issue bonds for the purpose of raising revenue to
1154 carry out any project, program, or venture authorized under this charter or the laws of the
1155 state. Such bonding authority shall be exercised in accordance with the laws governing bond
1156 issuance by municipalities in effect at the time said issue is undertaken.
1157 SECTION 6.11.
1158 Revenue bonds.
1159 Revenue bonds may be issued by the city council as state law now or hereafter provides.
1160 Such bonds are to be paid out of any revenue produced by the project, program, or venture
1161 for which they were issued.
1162 SECTION 6.12.
1163 Short-term loans.
1164 The city may obtain short-term loans and must repay such loans not later than December 31
1165 of each year, unless otherwise provided by law.
1166 SECTION 6.13.
1167 Lease-purchase contracts.
1168 The city may enter into multiyear lease, purchase, or lease-purchase contracts for the
1169 acquisition of goods, materials, real and personal property, services, and supplies, provided
1170 the contract terminates without further obligation on the part of the municipality at the close
1171 of the calendar year in which it was executed and at the close of each succeeding calendar
1172 year for which it may be renewed. Contracts must be executed in accordance with the
1173 requirements of O.C.G.A. § 36-60-13, or other such applicable laws as are or may hereafter
1174 be enacted.
1175 SECTION 6.14.
1176 Fiscal year.
1177 The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the
1178 budget year and the year for financial accounting and reporting of each and every office,
1179 department, agency, and activity of the city government.
1180 SECTION 6.15.
1181 Budget ordinance.
1182 The city council shall provide an ordinance on the procedures and requirements for the
1183 preparation and execution of an annual operating budget, a capital improvement plan, and
1184 a capital budget, including requirements as to the scope, content, and form of such budgets
1185 and plans. The city council shall also comply with the budgeting and auditing provisions of
1186 Chapter 81 of Title 36 of the O.C.G.A.
1187 SECTION 6.16.
1188 Operating budget.
1189 On or before a date fixed by the city council but not later than 60 days prior to the beginning
1190 of each fiscal year, the mayor, through the city administrator, shall submit to the city council
1191 a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied
1192 by a message from the city administrator containing a statement of the general fiscal policies
1193 of the city, the important features of the budget, explanations of major changes recommended
1194 for the next fiscal year, a general summary of the budget, and other pertinent comments and
1195 information. The operating budget and the capital budget provided for in Section 6.10 of this
1196 charter, the budget message, and all supporting documents shall be filed in the office of the
1197 city clerk and shall be open to public inspection.
1198 SECTION 6.17.
1199 Action by city council on budget.
1200 (a) The councilmembers may amend the operating budget proposed by the mayor, except
1201 that the budget as finally amended and adopted must provide for all expenditures required
1202 by state law or by other provisions of this charter and for all debt service requirements for
1203 the ensuing fiscal year. The total appropriations from any fund shall not exceed the
1204 estimated fund balance, reserves, and revenues.
1205 (b) The city council by resolution shall adopt the final operating budget for the ensuing fiscal
1206 year not later than the first day of such fiscal year. If the city council fails to adopt the
1207 budget by said date, the amounts appropriated for operation for the then current fiscal year
1208 shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items
1209 prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal
1210 year. Adoption of the budget shall take the form of an appropriations resolution setting out
1211 the estimated revenues in detail by sources and making appropriations according to fund and
1212 by organizational unit, purpose, or activity as set out in the budget preparation ordinance
1213 adopted pursuant to Section 6.15 of this charter.
1214 (c) The amount set out in the adopted operating budget for each organizational unit shall
1215 constitute the annual appropriation for such, and no expenditure shall be made or
1216 encumbrance created in excess of the otherwise unencumbered balance of the appropriations
1217 or allotment thereof to which it is chargeable.
1218 SECTION 6.18.
1219 Levy of taxes.
1220 The city council shall levy by resolution such taxes as are necessary. The taxes and tax rates
1221 set by such resolution shall be such that reasonable estimates of revenues from such levy
1222 shall at least be sufficient, together with other anticipated revenues, fund balances, and
1223 applicable reserves, to equal the total amount appropriated for each of the several funds set
1224 forth in the annual operating budget for defraying the expenses of the general government
1225 of this city.
1226 SECTION 6.19.
1227 Changes in appropriations.
1228 The city council by resolution may make changes in the appropriations contained in the
1229 current operating budget at any regular meeting or special or emergency meeting called for
1230 such purpose, but any additional appropriations may be made only from an existing
1231 unexpended surplus.
1232 SECTION 6.20.
1233 Capital improvements.
1234 On or before the date fixed by the city council, but not later than 60 days prior to the
1235 beginning of each fiscal year, the city administrator shall submit to the city council a
1236 proposed capital improvements plan, with a recommended capital budget containing the
1237 means of financing the improvements proposed for the ensuing fiscal year. The city council
1238 shall have power to accept, with or without amendments, or reject the proposed plan and
1239 budget.
1240 SECTION 6.21.
1241 Audits.
1242 There shall be an annual independent audit of all city accounts, funds, and financial
1243 transactions by a certified public accountant selected by the city council. The audit shall be
1244 conducted according to generally accepted auditing principles. Any audit of any funds by the
1245 state or federal governments may be accepted as satisfying the requirements of this charter.
1246 Copies of annual audit reports shall be available at printing costs to the public.
1247 SECTION 6.22.
1248 Procurement and property management.
1249 No contract with the city shall be binding on the city unless:
1250 (1) It is in writing;
1251 (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of
1252 course, is signed by the city attorney to indicate such drafting or review; and
1253 (3) It is made or authorized by the city council and such approval is entered in the city
1254 council minutes book, or journal, of proceedings pursuant to Section 2.16 of this charter.
1255 SECTION 6.23.
1256 Purchasing.
1257 The city council may by ordinance prescribe procedures for a system of centralized
1258 purchasing for the city.
1259 SECTION 6.24.
1260 Sale and lease of property.
1261 (a) The city council may sell and convey or lease any real or personal property owned or
1262 held by the city for governmental or other purposes as now or hereafter provided by law.
1263 (b) The city council may quitclaim any rights it may have in property not needed for public
1264 purposes upon report by the city administrator and adoption of a resolution, both finding that
1265 the property is not needed for public or other purposes and that the interest of the city has no
1266 readily ascertainable monetary value.
1267 (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place
1268 of the city, a small parcel or tract of land is cut off or separated by such work from a larger
1269 tract or boundary of land owned by the city, the city council may authorize the city
1270 administrator to sell and convey said cut-off or separated parcel or tract of land to an abutting
1271 or adjoining property owner or owners where such sale and conveyance facilitates the highest
1272 and best use of the abutting owner's property. Included in the sales contract shall be a
1273 provision for the rights of way of said street, avenue, alley, or public place. Each abutting
1274 property owner shall be notified of the availability of the property and given the opportunity
1275 to purchase said property under such terms and conditions as set out by ordinance. All deeds
1276 and conveyances heretofore and hereafter so executed and delivered shall convey all title and
1277 interest the city has in such property, notwithstanding the fact that no public sale after
1278 advertisement was or is hereafter made.
1279 ARTICLE VII
1280 GENERAL PROVISIONS
1281 SECTION 7.1.
1282 Bonds for officials.
1283 The officers and employees of this city, both elected and appointed, shall execute such surety
1284 or fidelity bonds in such amounts and upon such terms and conditions as the city council
1285 shall from time to time require by ordinance or as may be provided by law.
1286 SECTION 7.2.
1287 Prior ordinances.
1288 All ordinances, resolutions, rules, and regulations now in force in the city and not
1289 inconsistent with this charter are hereby declared valid and of full effect and force until
1290 amended or repealed by the city council.
1291 SECTION 7.3.
1292 Existing personnel and officers.
1293 Except as specifically provided otherwise by this charter, all personnel and officers of the
1294 city and their rights, privileges, and powers shall continue beyond the time this charter takes
1295 effect for a period of 180 days before or during which the existing city council shall pass a
1296 transition ordinance detailing the changes in personnel and appointed officers required or
1297 desired and arranging such titles, rights, privileges, and powers as may be required or desired
1298 to allow a reasonable transition.
1299 SECTION 7.4.
1300 Pending matters.
1301 Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,
1302 contracts, and legal or administrative proceedings shall continue, and any such ongoing work
1303 or cases shall be completed by such city agencies, personnel, or offices as may be provided
1304 by the city council.
1305 SECTION 7.5.
1306 Construction and definitions.
1307 (a) Section captions in this charter are informative only and are not to be considered as a part
1308 thereof.
1309 (b) The word "shall" is mandatory and the word "may" is permissive.
1310 (c) The singular shall include the plural, the masculine shall include the feminine, and vice
1311 versa.
1312 SECTION 7.6.
1313 Severability.
1314 If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be
1315 held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
1316 or impair other parts of this charter unless it clearly appears that such other parts are wholly
1317 and necessarily dependent upon the part held to be invalid or unconstitutional, it being the
1318 legislative intent in enacting this charter that each article, section, subsection, paragraph,
1319 sentence or part thereof be enacted separately and independent of each other.
1320 SECTION 7.7.
1321 Effective date.
1322 This Act shall become effective on July 1, 2026.
1323 ARTICLE VIII
1324 REPEALER
1325 SECTION 8.1.
1326 Specific repealer.
1327 An Act to incorporate the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620),
1328 is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their
1329 entirety.
1330 SECTION 8.2.
1331 General repealer.
1332 All laws and parts of laws in conflict with this Act are repealed.