HB1536: HB1536 Eatonton, City of; provide a new charter

26 LC 62 0460/AP 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,1 and powers of the city; to provide for the exercise of powers and limitations on powers; to2 provide for a governing authority of such city and the powers, duties, authority, prohibitions,3 elections, terms, removal from office, method of filling vacancies, compensation, expenses,4 and qualifications; to provide for conflict of interest and holding other offices; to provide for5 inquiries and investigations; to provide for organization and meeting procedures; to provide6 for ordinances; to provide for eminent domain; to provide for codes; to provide for the office7 of mayor and certain duties and powers relative to the office o f mayor; to provide for a8 mayor pro tempore; to provide for a city administrator; to prov ide for administrative9 responsibilities; to provide for boards, commissions, and autho rities; to provide for a city10 attorney, city clerk, and other personnel; to provide for the establishment of a municipal court11 and the judge or judges thereof; to provide for practices and p rocedures; to provide for12 taxation, permits, and fees; to provide for franchises, service charges, and assessments; to13 provide for bonded and other indebtedness; to provide for accou nting and budgeting; to14 provide for contracting and purchasing; to provide for sale of city property; to provide for15 bonds for officials; to provide for pending matters; to provide for definitions and16 construction; to provide for severability; to provide for relat ed matters; to provide for an17 effective date; to repeal specific Acts; to repeal conflicting laws; and for other purposes.18 H. B. 1536 - 1 - 26 LC 62 0460/AP BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19 ARTICLE I20 INCORPORATION AND POWERS21 SECTION 1.1.22 Reincorporation.23 The City of Eatonton, in Putnam County, and the inhabitants thereof are reincorporated by24 the enactment of this charter and are hereby constituted and de clared a body politic and25 corporate under the name and style "City of Eatonton, Georgia" and by that name shall have26 perpetual succession.27 SECTION 1.2.28 Corporate boundaries.29 The corporate boundaries of this city shall be those existing o n the effective date of the30 adoption of this charter with such alterations as may be made f rom time to time in the31 manner provided by law.32 The corporate limits of the City of Eatonton shall mean and include the territory described33 as follows:34 All of that property located in Putnam County, Georgia consisting of twelve thousand five35 hundred sixty-six and thirty-six one hundreds (12,566.36) acres more or less and being a36 circle with a radius of two and one half (2.5) miles and with a center point being located37 in the center of the courthouse square in the City of Eatonton, Georgia. The center point38 of the courthouse square is to be found by drawing a line from each corner of said square39 to the opposite corner of said square.40 H. B. 1536 - 2 - 26 LC 62 0460/AP SECTION 1.3.41 Powers and construction.42 (a) This city shall have all the powers possible for a city to have under the present or future43 construction or laws of this state as fully and completely as t hough they were specifically44 enumerated in this charter. This city shall have all the power s of self-government not45 otherwise prohibited by this charter or by general law.46 (b) The powers of this city shall be construed liberally in fa vor of the city. The specific47 mention or failure to mention powers shall not be construed as limiting in any way the48 powers of this city.49 SECTION 1.4.50 Examples of powers.51 (a) Alcoholic beverages. To regulate and license the keeping for sale, selling, or offering52 for sale of any spirituous, vinous, malt, or fermented wines or liquors within the corporate53 limits of the city consistent with the laws of the State of Georgia;54 (b) Animal regulations. To regulate and license or to prohibit the keeping or running at large55 of animals and fowl and to provide for the impoundment of same if in violation of any56 ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction57 of animals and fowl when not redeemed as provided by ordinance; and to provide58 punishment for violation of ordinances enacted under this charter;59 (c) Appropriations and expenditures. To make appropriations f or the support of the60 government of the city; to authorize the expenditure of money for any purposes authorized61 by this charter and for any purpose for which a municipality is authorized by the laws of the62 State of Georgia; and to provide for the payment of expenses of the city;63 H. B. 1536 - 3 - 26 LC 62 0460/AP (d) Building regulation. To regulate and to license the erection and construction of buildings64 and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and65 air-conditioning codes; and to regulate all housing and building trades;66 (e) Business regulation and taxation. To levy and to provide for the collection of regulatory67 fees and taxes on privileges, occupations, trades and professions, as authorized by Title 4868 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit69 and regulate the same; to provide for the manner and method of payment of such regulatory70 fees and taxes; and to revoke such permits after due process for failure to pay any city taxes71 or fees;72 (f) Condemnation. To condemn property, inside or outside the corporate limits of the city,73 for present or future use and for any corporate purpose deemed necessary by the governing74 authority, utilizing procedures enumerated in Title 22 of the O .C.G.A., or such other75 applicable laws as are or may hereafter be enacted;76 (g) Contracts. To enter into contracts and agreements with other governmental entities and77 with private persons, firms, and corporations;78 (h) Emergencies. To establish procedures for determining and proclaiming that an79 emergency situation exists within or outside the city and to make and carry out all reasonable80 provisions deemed necessary to deal with or meet such an emerge ncy for the protection,81 safety, health, or well-being of the citizens of the city;82 (i) Environmental protection. To protect and preserve the natural resources, environment,83 and vital areas of the state through the preservation and impro vement of air quality, the84 restoration and maintenance of water resources, the control of erosion and sedimentation, the85 management of solid and hazardous waste, and other necessary actions for the protection of86 the environment;87 (j) Fire regulations. To fix and establish fire limits and, from time to time, extend, enlarge,88 or restrict the same; to prescribe fire safety regulations not inconsistent with general law,89 H. B. 1536 - 4 - 26 LC 62 0460/AP relating to both fire prevention and detection and to fire fighting; and to prescribe penalties90 and punishment for violations thereof;91 (k) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and92 disposal, and other sanitary service charge, tax, or fee for such services as may be necessary93 in the operation of the city from all individuals, firms, and corporations residing in the city94 or doing business therein benefiting from such services; to enf orce the payment of such95 charges, taxes or fees; and to provide for the manner and method of collecting such service96 charges;97 (l) General health, safety, and welfare. To define, regulate, and prohibit any act, practice,98 conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare,99 and safety of the inhabitants of the city and to provide for the enforcement of such standards;100 (m) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any101 purpose related to powers and duties of the city and the genera l welfare of its citizens, on102 such terms and conditions as the donor or grantor may impose;103 (n) Health and sanitation. To prescribe standards of health and sanitation and to provide for104 the enforcement of such standards;105 (o) Jail sentences. To provide that persons given jail sentences in the municipal court may106 work out such sentences in any public works or on the streets, roads, drains, and other public107 property in the city; to provide for commitment of such persons to any jail; or to provide for108 commitment of such persons to any county work camp or county jail by agreement with the109 appropriate county officials;110 (p) Motor vehicles. To regulate the operation of motor vehicles and exercise control over111 all traffic, including parking upon or across the streets, road s, alleys, and walkways of the112 city;113 (q) Municipal agencies and delegation of power. To create, alter, or abolish departments,114 boards, offices, commissions, and agencies of the city and to confer upon such agencies the115 H. B. 1536 - 5 - 26 LC 62 0460/AP necessary and appropriate authority for carrying out all the po wers conferred upon or116 delegated to the same;117 (r) Municipal debts. To appropriate and borrow money for the payment of debts of the city118 and to issue bonds for the purpose of raising revenue to carry out any project, program, or119 venture authorized by this charter or the laws of the State of Georgia;120 (s) Municipal property ownership. To acquire, dispose of, lea se, and hold in trust or121 otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or122 outside the property limits of the city;123 (t) Municipal property protection. To provide for the preservation and protection of property124 and equipment of the city and the administration and use of sam e by the public; and to125 prescribe penalties and punishment for violations thereof;126 (u) Municipal utilities. To acquire, lease, construct, operate, maintain, sell and dispose of127 public utilities, including but not limited to a system of wate rworks, sewers and drains,128 sewage disposal, stormwater management, gas works, electric light plants, cable television129 and other telecommunications, broadband internet, transportation facilities, public airports,130 and any other public utility; and to fix the taxes, charges, ra tes, fares, fees, assessments,131 regulations and penalties, and to provide for the withdrawal of service for refusal or failure132 to pay the same;133 (v) Nuisance. To define a nuisance and provide for its abatem ent, whether on public or134 private property;135 (w) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the136 authority of this charter and the laws of the State of Georgia;137 (x) Planning and zoning. To provide comprehensive city planni ng for development by138 zoning; and to provide subdivision regulation and the like as t he city council deems139 necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;140 (y) Police and fire protection. To exercise the power of arrest through duly appointed police141 officers, and to establish, operate, or contract for police and firefighting agencies;142 H. B. 1536 - 6 - 26 LC 62 0460/AP (z) Public hazards; removal. To provide for the destruction and removal of any building or143 other structure which is or may become dangerous or detrimental to the public;144 (aa) Public improvements. To provide for the acquisition, construction, building, operation,145 and maintenance of parks and playgrounds, public grounds, recre ational facilities, public146 buildings, and charitable, cultural, educational, recreational, conservation, and sports147 institutions, agencies, and facilities; and to regulate the use of public improvements;148 (bb) Public peace. To provide for the prevention and punishme nt of loitering, disorderly149 conduct, drunkenness, riots, and public disturbances;150 (cc) Public utilities and services. To grant franchises or make contracts for or impose taxes151 on public utilities and public service companies and to prescribe the rates, fares, regulations,152 and standards and conditions of services to be provided by the franchise grantee or153 contractor, insofar as not in conflict with valid regulations o f the Georgia Public Service154 Commission;155 (dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal,156 and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other157 structures or obstructions upon or adjacent to the rights of way of streets and roads or within158 view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and159 punishment for violation of such ordinances;160 (ee) Retirement. To provide and maintain a retirement plan for elected officials, officers,161 and employees of the city;162 (ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of,163 abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve,164 maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within165 the corporate limits of the city; and to grant franchises and r ights of way throughout the166 streets and roads and over the bridges and viaducts for the use of public utilities; and to167 require real estate owners to repair and maintain in a safe condition the sidewalks adjoining168 their lots or lands and to impose penalties for failure to do so;169 H. B. 1536 - 7 - 26 LC 62 0460/AP (gg) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish,170 and refuse, and to regulate the collection and disposal of garb age, rubbish, and refuse by171 others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper,172 and other recyclable materials, and to provide for the sale of such items;173 (hh) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops,174 the manufacture, sale, or transportation of any intoxicating li quors, alcoholic beverages,175 tobacco, and use of firearms; to regulate the transportation, storage, and use of combustible,176 explosive, and inflammable materials, the use of lighting and h eating equipment, and any177 other business or situation which may be dangerous to persons or property; to regulate and178 control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and179 shows of any kind, by taxation or otherwise; and to license, ta x, regulate, or prohibit180 professional fortunetelling, palmistry, adult bookstores, and massage parlors;181 (ii) Special assessments. To levy and provide for the collect ion of special assessments to182 cover the costs for any public improvements;183 (jj) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and184 collection of taxes on all property subject to taxation;185 (kk) Taxes; other. To levy and collect such other taxes as ma y be allowed, now or in the186 future, by law;187 (ll) Vehicles for hire. To regulate and license vehicles operated for hire in the city; to limit188 the number of such vehicles; to require the operators thereof to be licensed; to require public189 liability insurance on such vehicles in the amounts to be presc ribed by ordinance; and to190 regulate the parking of such vehicles;191 (mm) Urban redevelopment. To organize and operate an urban redevelopment program; and192 (nn) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and193 immunities necessary or desirable to promote or protect the safety, health, peace, security,194 good order, comfort, convenience, or general welfare of the cit y and its inhabitants; to195 exercise all implied powers necessary or desirable to carry into execution all powers granted196 H. B. 1536 - 8 - 26 LC 62 0460/AP in this charter as fully and completely as if such powers were fully stated herein; to exercise197 all powers now or in the future authorized to be exercised by other municipal governments198 under other laws of the State of Georgia; and no listing of particular powers in this charter199 shall be held to be exclusive of others, nor restrictive of general words and phrases granting200 powers, but shall be held to be in addition to such powers, unl ess expressly prohibited to201 municipalities under the Constitution or applicable laws of the State of Georgia.202 SECTION 1.5.203 Exercise of powers.204 All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or205 employees shall be carried into execution as provided by this charter. If this charter makes206 no provision, such shall be carried into execution as provided by ordinance or as provided207 by pertinent laws of the State of Georgia.208 SECTION 1.6.209 Vesting of property owned.210 The title to any property, real or personal, within or without the corporate limits of said city211 heretofore acquired by the City of Eatonton, with or without pr oper charter authority, is212 hereby vested in the City of Eatonton, Georgia created by this charter, the acquisition thereof213 being hereby ratified and made lawful.214 H. B. 1536 - 9 - 26 LC 62 0460/AP SECTION 1.7.215 Assumption of former debts.216 The City of Eatonton created by this Act is hereby made responsible, as a body corporate,217 for all legal undertakings, liabilities, and debts of the former City of Eatonton, whether for218 principal and interest or outstanding bonds, or other contracts or indebtedness.219 ARTICLE II220 GOVERNMENT STRUCTURE221 SECTION 2.1.222 City council creation; number; election.223 The legislative authority of the government of this city, excep t as otherwise specifically224 provided in this charter, shall be vested in a city council to be composed of a mayor and225 seven councilmembers. The city council established shall in all respects be a successor to226 and continuation of the governing authority under prior law. The mayor and councilmembers227 shall be elected in the manner provided by general law and this charter.228 SECTION 2.2.229 City councilmembers; terms and qualifications for office; wards.230 (a) The mayor and councilmembers serving on the effective date of this charter shall serve231 until the expiration of the terms for which each was elected. Their successors shall be232 elected at the municipal election immediately preceding expiration of such term.233 (b) The members of the city council shall serve for terms of f our years and until their234 respective successors are elected and qualified. No person sha ll be eligible to serve as235 councilmember unless that person shall have been a resident of the city for 12 months prior236 H. B. 1536 - 10 - 26 LC 62 0460/AP to qualifying for election to the office; each shall continue t o reside therein during that237 member's period of service and to be registered and qualified to vote in municipal elections238 of this city.239 (c) In addition to the above requirements, no person shall be eligible to serve as a240 councilmember representing a council district unless that person has been a resident of the241 district such person seeks to represent for a continuous period of at least six months242 immediately prior to qualifying for election to the office and continues to reside in such243 district during that person's period of service.244 (d) No person shall be eligible to hold the office of mayor or councilmember until having245 passed his or her 21st birthday.246 (e) No person shall be eligible to hold office of mayor or councilmember if convicted of any247 crime involving moral turpitude.248 (f) The term of office of each member of the city council shal l begin on the first day of249 January immediately following the election of such member unless general law authorizes250 or requires the term to begin upon some other date.251 (g) For the purpose of electing councilmembers, the city shall be divided into four wards,252 which shall consist of the territory shown on "Exhibit A" attached hereto and are enumerated253 as follows:254 WARD 1255 COUNTY FIPS 237 TRACT 960201256 1066257 1067258 1068259 1070260 COUNTY FIPS 237 TRACT 960203261 1000262 H. B. 1536 - 11 - 26 LC 62 0460/AP 3001263 3004264 3005265 3006266 3007267 3009268 3010269 3011270 3012271 3013272 3021273 3023274 4000275 4001276 4012277 4016278 4024279 COUNTY FIPS 237 TRACT 960204280 1002281 1003282 1004283 1005284 1006285 1007286 1008287 1009288 H. B. 1536 - 12 - 26 LC 62 0460/AP 1010289 1011290 1012291 1013292 1016293 1017294 1021295 1022296 1023297 1024298 1025299 3000300 3003301 3004302 WARD 2303 COUNTY FIPS 237 TRACT 960101304 2009305 COUNTY FIPS 237 TRACT 960203306 1005307 1006308 1009309 COUNTY FIPS 237 TRACT 960101310 1014311 1015312 H. B. 1536 - 13 - 26 LC 62 0460/AP 1018313 1019314 1020315 2001316 2002317 2003318 2004319 2005320 2006321 2007322 2008323 2034324 2035325 2036326 2037327 2038328 2039329 3001330 3002331 3005332 3006333 3007334 3008335 3009336 3010337 3011338 3012339 H. B. 1536 - 14 - 26 LC 62 0460/AP 3013340 3014341 3015342 3017343 WARD 3344 COUNTY FIPS 237 TRACT 960101345 2010346 COUNTY FIPS 237 TRACT 960203347 1003348 1007349 1008350 1010351 1011352 1012353 1013354 1014355 1015356 1016357 1017358 1018359 1019360 1020361 1021362 1022363 1023364 H. B. 1536 - 15 - 26 LC 62 0460/AP 1024365 1027366 1028367 1029368 1030369 1031370 1034371 1035372 1036373 1037374 1038375 2047376 COUNTY FIPS 237 TRACT 960204377 2010378 2011379 2012380 2013381 2014382 2015383 2016384 2017385 2018386 2019387 2020388 2021389 2024390 H. B. 1536 - 16 - 26 LC 62 0460/AP 2025391 2028392 2031393 2032394 2033395 3016396 3018397 3019398 3020399 3021400 COUNTY FIPS 237 TRACT 960301401 2008402 2009403 2010404 2011405 2015406 2016407 WARD 4408 COUNTY FIPS 237 TRACT 960203409 1001410 1002411 1004412 2022413 2025414 2029415 H. B. 1536 - 17 - 26 LC 62 0460/AP 2030416 2031417 2032418 2033419 2039420 2040421 2041422 2042423 2043424 2044425 2045426 2046427 2048428 3002429 3003430 3008431 3014432 3015433 3016434 3017435 3018436 3019437 3020438 3022439 4002440 4003441 4004442 H. B. 1536 - 18 - 26 LC 62 0460/AP 4005443 4006444 4007445 4008446 4009447 4010448 4011449 4013450 4014451 4015452 4017453 4018454 4019455 4020456 4021457 4022458 4023459 4025460 4026461 4027462 4028463 For the purposes of this section, the terms "tract" or "census tract," "block group," and464 "block" shall mean and shall describe the same geographical boundaries as provided in the465 report of the Bureau of the Census for the United States decenn ial census of 2020 for the466 State of Georgia (Putnam County).467 H. B. 1536 - 19 - 26 LC 62 0460/AP (h) The city council seats shall be designated Ward 1, Ward 2, Ward 3, Ward 4, Wards 1 and468 4, Wards 2 and 3, and At-Large. Candidates shall designate the district for which they are469 offering when qualifying for election.470 (1) One councilmember shall be elected by a majority of the qualified voters from Ward471 1 of the city as delineated and described in this section.472 (2) One councilmember shall be elected by a majority of the qualified voters from Ward473 2 of the city as delineated and described in this section.474 (3) One councilmember shall be elected by a majority of the qualified voters from Ward475 3 of the city as delineated and described in this section.476 (4) One councilmember shall be elected by a majority of the qualified voters from Ward477 4 of the city as delineated and described in this section.478 (5) One councilmember shall be elected by a majority of the qualified voters from Ward479 1 and Ward 4 combined of the city as delineated and described in this section.480 (6) One councilmember shall be elected by a majority of the qualified voters from Ward481 2 and Ward 3 combined of the city as delineated and described in this section.482 (7) One councilmember shall be elected by a majority of the qualified voters from the city483 at large.484 SECTION 2.3.485 Vacancy; filling of vacancies; suspensions.486 (a) Vacancies. The office of mayor or councilmember shall bec ome vacant upon the487 incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by488 the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated,489 or such other applicable laws as are or may hereafter be enacted.490 (b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled491 for the remainder of the unexpired term, if any, by appointment by the city council or those492 H. B. 1536 - 20 - 26 LC 62 0460/AP members remaining if less than 12 months remain in the unexpire d term. If such vacancy493 occurs 12 months or more prior to the expiration of the term of that office, it shall be filled494 for the remainder of the unexpired term by a special election, as provided for in Section 5.5495 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia496 Annotated, or other such laws as are or may hereafter be enacted.497 (c) Suspension. Upon the suspension from office of mayor or councilmember in any manner498 authorized by the general laws of the State of Georgia, the city council or those remaining499 shall appoint a successor for the duration of the suspension. If the suspension becomes500 permanent, then the office shall become vacant and shall be filled for the remainder of the501 unexpired term, if any, as provided for in this charter.502 SECTION 2.4.503 Compensation and expenses.504 The mayor and each councilmember shall receive compensation, benefits, and expenses for505 their services as provided by ordinance.506 SECTION 2.5.507 Conflicts of interest; holding other offices.508 (a) Elected and appointed officers of the city are trustees and servants of the residents of the509 city and shall act in a fiduciary capacity for the benefit of such residents.510 (b) Conflict of interest. No elected official, appointed officer, or employee of the city or any511 agency or political entity to which this charter applies shall knowingly:512 (1) Engage in any business or transaction or have a financial or other personal interest,513 direct or indirect, which is incompatible with the proper discharge of that person's official514 H. B. 1536 - 21 - 26 LC 62 0460/AP duties or which would tend to impair the independence of that person's judgment or action515 in the performance of his or her official duties;516 (2) Engage in or accept private employment or render services for private interests when517 such employment or service is incompatible with the proper disc harge of that person's518 official duties or would tend to impair the independence of that person's judgment or action519 in the performance of his or her official duties;520 (3) Disclose confidential information, including information obtained at meetings which521 are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,522 government, or affairs of the governmental body by which that person is engaged without523 proper legal authorization, or use such information to advance the financial or other private524 interest of that person or others;525 (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from526 any person, firm, or corporation which to that person's knowledge is interested, directly or527 indirectly, in any manner whatsoever, in business dealings with the governmental body by528 which that person is engaged; provided, however, that an elected official who is a candidate529 for public office may accept campaign contributions and services in connection with any530 such campaign;531 (5) Represent other private interests in any action or proceed ing against this city or any532 portion of its government; or533 (6) Vote or otherwise participate in the negotiation or in the making of any contract with534 any business or entity in which that person has a financial interest.535 (c) Disclosure. Any elected official, appointed officer, or e mployee who shall have any536 financial interest, directly or indirectly, in any contract or matter pending before or within537 any department of the city shall disclose such interest to the city council. The mayor or any538 councilmember who has a financial interest in any matter pendin g before the city council539 shall disclose such interest, and such disclosure shall be ente red on the records of the city540 council, and that person shall disqualify himself or herself from participating in any decision541 H. B. 1536 - 22 - 26 LC 62 0460/AP or vote relating thereto. Any elected official, appointed officer, or employee of any agency542 or political entity to which this charter applies who shall have any financial interest, directly543 or indirectly, in any contract or matter pending before or with in such entity shall disclose544 such interest to the governing body of such agency or entity.545 (d) Use of public property. No elected official, appointed officer, or employee of the city546 or any agency or entity to which this charter applies shall use property owned by such547 governmental entity for personal benefit, convenience, or profit except in accordance with548 policies promulgated by the city council or the governing body of such agency or entity.549 (e) Contracts voidable and rescindable. Any violation of this section which occurs with the550 knowledge, express or implied, of a party to a contract or sale shall render such contract or551 sale voidable at the option of the city council.552 (f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor553 any councilmember shall hold any other elective or compensated appointive office in the city554 or otherwise be employed by said government or any agency there of during the term for555 which that person was elected. No former councilmember and no former mayor shall hold556 any compensated appointive office in the city until one year after the expiration of the term557 for which that person was elected.558 (g) Political activities of certain officers and employees. No appointed officer or employee559 of the city shall continue in such employment upon qualifying as a candidate for nomination560 or election to any public office. No employee of the city shall continue in such employment561 upon election to any public office in this city or any other public office which is inconsistent,562 incompatible, or in conflict with his or her duties as a city e mployee. Such determination563 shall be made by the mayor and city council either immediately upon election or at any time564 such conflict may arise.565 (h) Penalties for violation.566 H. B. 1536 - 23 - 26 LC 62 0460/AP (1) Any city officer or employee who knowingly conceals such f inancial interest or567 knowingly violates any of the requirements of this section shall be guilty of malfeasance568 in office or position and shall be deemed to have forfeited that person's office or position.569 (2) Any officer or employee of the city who shall forfeit his or her office or position as570 described in paragraph (1) of this subsection shall be ineligible for appointment, election571 to, or employment in a city government position for a period of three years thereafter.572 SECTION 2.6.573 Inquiries and investigations.574 Following the adoption of an authorizing resolution, the city council may make inquiries and575 investigations into the affairs of the city and in the conduct of any department, office, or576 agency thereof and for this purpose may subpoena witnesses, adm inister oaths, take577 testimony, and require the production of evidence. Any person who fails or refuses to obey578 a lawful order issued in the exercise of these powers by the city council shall be punished as579 may be provided by ordinance.580 SECTION 2.7.581 General power and authority of the city council.582 (a) Except as otherwise provided by law or this charter, the city council shall be vested with583 all the powers of government of this city.584 (b) In addition to all other powers conferred upon it by law, the council shall have the585 authority to adopt and provide for the execution of such ordinances, resolutions, rules, and586 regulations, not inconsistent with this charter and the Constitution and the laws of the State587 of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,588 protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity,589 H. B. 1536 - 24 - 26 LC 62 0460/AP or well-being of the inhabitants of the City of Eatonton and may enforce such ordinances by590 imposing penalties for violation thereof.591 SECTION 2.8.592 Eminent domain.593 The city council is hereby empowered to acquire, construct, ope rate and maintain public594 ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,595 sewers, drains, sewage treatment, waterworks, electrical system s, gas systems, airports,596 hospitals, and charitable, educational, recreational, sport, cu rative, corrective, detentional,597 penal and medical institutions, agencies and facilities, and any other public improvements598 inside or outside the city, and to regulate the use thereof, an d for such purposes, property599 may be condemned under procedures established under general law applicable now or as600 provided in the future.601 SECTION 2.9.602 Meetings.603 (a) The city council shall hold regular meetings at such times and places as shall be604 prescribed by ordinance.605 (b) At the first regular meeting in January of each even-numbered year, the oath of office606 shall be administered to the newly elected members by a judicia l officer authorized to607 administer oaths and shall, to the extent that it comports with federal and state law, be as608 follows:609 "I do solemnly (swear)(affirm) that I will faithfully perform t he duties of610 (mayor)(councilmember) of this city and that I will support and defend the charter thereof611 as well as the Constitution and laws of the State of Georgia an d of the United States of612 H. B. 1536 - 25 - 26 LC 62 0460/AP America. I am not the holder of any unaccounted for public money due this state or any613 political subdivision or authority thereof. I am not the holder of any office of trust under614 the government of the United States, any other state, or any fo reign state which I by the615 laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold616 said office according to the Constitution and laws of Georgia. I have been a resident of my617 ward and the City of Eatonton for the time required by the Cons titution and laws of this618 state and by the municipal charter. I will perform the duties of my office in the best interest619 of the City of Eatonton to the best of my ability without fear, favor, affection, reward, or620 expectation thereof."621 (c) Special meetings of the city council may be held on call of the mayor or three members622 of the city council. Notice of such special meeting shall be s erved on all other members623 personally, or by telephone personally, at least 24 hours in ad vance of the meeting. Such624 notice to councilmembers shall not be required if the mayor and all councilmembers are625 present when the special meeting is called. Such notice of any special meeting may be626 waived by a councilmember in writing before or after such a meeting, and attendance at the627 meeting shall also constitute a waiver of notice on any busines s transacted in such628 councilmember's presence. Only the business stated in the call may be transacted at the629 special meeting.630 (d) All meetings of the city council shall be public to the extent required by law and notice631 to the public of special meetings shall be made as fully as is reasonably possible, as provided632 by O.C.G.A. § 50-14-1 or other such applicable laws as are or may hereafter be enacted.633 H. B. 1536 - 26 - 26 LC 62 0460/AP SECTION 2.10.634 Rules of procedure.635 (a) The city council shall adopt its rules of procedure and order of business consistent with636 the provisions of this charter and shall provide for keeping of a book of minutes, or journal,637 of its proceedings, which shall be a public record.638 (b) All committees and committee chairpersons of the city council shall be appointed by the639 mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to640 appoint new members to any committee at any time.641 SECTION 2.11.642 Quorum; voting.643 Four councilmembers, including the presiding officer but not the mayor, shall constitute a644 quorum to transact business of the city council. The affirmati ve vote of a majority of the645 councilmembers present at a meeting at which a quorum is presen t shall be sufficient to646 transact business, unless a greater number is required by this charter or by general law. 647 Voting on the adoption of ordinances shall be by voice vote, sh ow of hands, or similar648 indicator and the vote shall be recorded in the minutes, or journal; but any councilmember649 shall have the right to request a roll-call vote, and such vote shall also be recorded in the650 minutes, or journal.651 SECTION 2.12.652 Ordinance form; procedures.653 (a) Every proposed ordinance should be introduced in writing and in the form required for654 final adoption. No ordinance shall contain a subject which is not expressed in its title. The655 H. B. 1536 - 27 - 26 LC 62 0460/AP enacting clause shall be "It is hereby ordained by the governin g authority of the City of656 Eatonton..." and every ordinance shall so begin.657 (b) Amendments to any of the provisions of this Code may be ma de by amending such658 provisions by specific reference to the section number of this Code in the following659 language: "That section _____ of the Code of Ordinances, City o f Eatonton, Georgia, is660 amended to read as follows:...." The new provisions shall then be set out in full.661 (c) An ordinance may be introduced by any councilmember and be read at a regular or662 special meeting of the city council. Ordinances shall be considered and adopted or rejected663 by the city council in accordance with the rules which it shall establish; provided, however,664 an ordinance shall not be considered for adoption the same day it is introduced, except for665 emergency ordinances provided for in Section 2.15 of this charter. Upon introduction of any666 ordinance, the clerk shall as soon as possible distribute a cop y to the mayor and to each667 councilmember and shall file a reasonable number of copies in the office of the clerk and at668 such other public places as the city council may designate.669 SECTION 2.13.670 Action requiring an ordinance.671 Acts of the city council which have the force and effect of law shall be enacted by ordinance.672 SECTION 2.14.673 Codes of technical regulations.674 (a) The city council may adopt any standard code of technical regulations by reference675 thereto in an adopting ordinance. The procedure and requirements governing such adopting676 ordinance shall be as prescribed for ordinances generally except that:677 H. B. 1536 - 28 - 26 LC 62 0460/AP (1) The requirements of subsection (b) of Section 2.12 of this charter for distribution and678 filing of copies of the ordinance shall be construed to include copies of any code of679 technical regulations, as well as the adopting ordinance; and680 (2) A copy of each adopted code of technical regulations, as w ell as the adopting681 ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.16 of this682 charter.683 (b) Copies of any adopted code of technical regulations shall be made available by the clerk684 for inspection by the public.685 SECTION 2.15.686 Emergencies.687 (a) To meet a public emergency affecting life, health, propert y, or public peace, the city688 council may convene on call of the mayor or three councilmembers and may promptly adopt689 an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a690 franchise; regulate the rate c harged by any public utility for its services; or authorize the691 borrowing of money except for loans to be repaid within 30 days. An emergency ordinance692 shall be introduced in the form prescribed for ordinances gener ally, except that it shall be693 plainly designated as an emergency ordinance and shall contain, after the enacting clause,694 a declaration stating that an emergency exists and describing t he emergency in clear and695 specific terms. An emergency ordinance may be adopted, with or without amendment, or696 rejected at the meeting at which it is introduced, but the affi rmative vote of at least three697 councilmembers shall be required for adoption. It shall become effective upon adoption or698 at such later time as it may specify. Every emergency ordinance shall automatically stand699 repealed 30 days following the date upon which it was adopted, but this shall not preclude700 reenactment of the ordinance in the manner specified in this se ction if the emergency still701 H. B. 1536 - 29 - 26 LC 62 0460/AP exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance702 in the same manner specified in this section for adoption of emergency ordinances.703 (b) Such meetings shall be open to the public to the extent required by law, and notice to the704 public of emergency meetings shall be made as fully as is reasonably possible in accordance705 with O.C.G.A. § 50-14-1 or such other applicable laws as are or may hereafter be enacted.706 SECTION 2.16.707 Signing; authenticating; recording; codification; printing.708 (a) The clerk shall authenticate by the clerk's signature and record in full in a properly709 indexed book kept for that purpose all ordinances adopted by the city council.710 (b) The city council shall provide for the preparation of a ge neral codification of all the711 ordinances of the city having the force and effect of law. The general codification shall be712 adopted by the city council by ordinance and shall be published promptly, together with all713 amendments thereto and such codes of technical regulations and other rules and regulations714 as the city council may specify. This compilation shall be known and cited officially as the715 "Code of Ordinances, City of Eatonton, Georgia." Copies of the code shall be furnished to716 all officers, departments, and agencies of the city and made av ailable for purchase by the717 public at a reasonable price as fixed by the city council.718 (c) The city council shall cause each ordinance and each amend ment to this charter to be719 printed promptly following its adoption, and the printed ordinances and charter amendments720 shall be made available for purchase by the public at reasonable prices to be fixed by the city721 council. Following publication of the first code under this charter and at all times thereafter,722 the ordinances and charter amendments shall be printed in substantially the same style as the723 code currently in effect and shall be suitable in form for inco rporation therein. The city724 council shall make such further arrangements as deemed desirabl e with reproduction and725 H. B. 1536 - 30 - 26 LC 62 0460/AP distribution of any current changes in or additions to codes of technical regulations and other726 rules and regulations included in the code.727 SECTION 2.17.728 Election of mayor; forfeiture; compensation.729 (a) The mayor shall be elected at large by majority vote and s hall serve for a term of four730 years and until a successor is elected and qualified. The mayor shall be a qualified elector731 of this city and shall have been a resident of the city for 12 months prior to the election. The732 mayor shall continue to reside in this city during the period o f service. The mayor shall733 forfeit the office on the same grounds and under the same procedure as for councilmembers. 734 The compensation of the mayor shall be established in the same manner as for735 councilmembers.736 (b) The term of office of mayor shall begin on the first day o f January immediately737 following such election unless general law authorizes or requir es the term to begin upon738 some other date.739 SECTION 2.18.740 Mayor pro tem; selection; duties.741 (a) By a majority vote, the councilmembers shall elect a councilmember to serve as mayor742 pro tem. The mayor pro tem shall assume the duties and powers of the mayor during the743 mayor's physical or mental disability, suspension from office, or absence. Any such744 disability or absence shall be declared by a majority vote of the councilmembers. The mayor745 pro tem shall sign all contracts and ordinances in which the ma yor has a disqualifying746 financial interest as provided in Section 2.5 of this charter.747 H. B. 1536 - 31 - 26 LC 62 0460/AP (b) If the mayor pro tem is absent, any one of the remaining councilmembers, chosen by a748 majority vote of the members present, shall be clothed with all the rights and privileges of749 the mayor and shall perform the mayor's duties during the mayor 's physical or mental750 disability, suspension from office, or absence. When serving as mayor, the mayor pro tem751 shall not also vote as a member of the council.752 SECTION 2.19.753 Powers and duties of mayor.754 The mayor shall have authority:755 (1) To serve as the head of the city for the purpose of service of process and for ceremonial756 purposes and be the official spokesperson for the city and the chief advocate of policy;757 (2) To administer oaths and to take affidavits;758 (3) To preside over any and all meetings of the city council, but not to vote therein except759 in elections and impeachments;760 (4) To call special meetings of the council whenever he or she may deem same necessary,761 provided that he or she shall be required to call a meeting of said city council whenever762 three councilmembers shall so request in writing;763 (5) To have general oversight over all executive officers, employees or servants of the city,764 and in case of misconduct, or neglect of duty on the part of any such officer, employee or765 servant, he or she shall have power to suspend any such officer , employee or servant,766 pending investigation by city council;767 (6) To pardon offenders against the city ordinances and to suspend, revoke or vacate any768 sentence of the municipal court of the city, four of the seven councilmembers approving769 such veto, suspension or reduction;770 H. B. 1536 - 32 - 26 LC 62 0460/AP (7) Sign as a matter of course on behalf of the city all writt en and approved contracts,771 ordinances, and other instruments executed by the city which by law are required to be in772 writing and within a level of authorization as established by the city council; and773 (8) To exercise all other powers conferred upon him or her by this charter, or which may774 hereafter be conferred upon him or her by ordinance of the city council not in conflict with775 this charter.776 SECTION 2.20.777 City administrator; appointment; qualifications; compensation.778 The city council shall appoint a city administrator for an indefinite term and shall fix the city779 administrator's compensation. The city administrator shall be appointed without regard to780 political beliefs and solely on the basis of his or her executi ve and administrative781 qualifications with special reference to his or her educational background and actual782 experience in and knowledge of the duties of office.783 SECTION 2.21.784 City administrator; powers and duties enumerated.785 The city administrator shall have the power, and it shall be his or her duty to:786 (1) See that all laws and ordinances of the city are faithfully enforced;787 (2) Hire and discharge for cause any employee of the city not authorized to be appointed788 or elected by the city council, provided that such power to app oint or discharge may be789 delegated to any other official or employee by the city administrator;790 (3) Supervise and direct the official conduct of all appointed city officers;791 (4) Exercise supervision and control over all departments and divisions of the city except792 where otherwise provided by law;793 H. B. 1536 - 33 - 26 LC 62 0460/AP (5) Attend all meetings of the city council with the right to take part, but not vote, in all794 discussions;795 (6) Recommend to the city council for adoption such measures a s he or she may deem796 necessary and expedient;797 (7) Supervise the purchasing and submit to the city council prior to the beginning of such798 fiscal year a budget of proposed expenditures for the ensuing y ear, showing in as much799 detail as practicable the amounts allotted to each department of the city government, and800 the reasons for such estimated expenditures;801 (8) Keep current accounts showing at all times the fiscal condition of the city, including802 the current and anticipated expenses, appropriations, cash on hand and anticipated revenue803 of all municipal funds and accounts;804 (9) Keep the members of the city council fully advised as to t he financial condition and805 needs of the city;806 (10) Fix all salaries and compensation of city employees lawfully employed by him or her,807 subject to the approval of the city council;808 (11) Examine all proposed contracts to which the city may be party, and sign on behalf of809 the city any contract authorized by the city council, except where the city council directs810 that some other officer may do so;811 (12) Supervise the performance of all contracts made for work for the city;812 (13) Supervise, through the purchasing agents, all purchases o f supplies, material and813 equipment for the city and see that they are received as contra cted for, provided that if a814 purchase of unbudgeted items in excess of $500.00 is involved, prior approval of the city815 council shall be necessary;816 (14) Conduct all sales which the city council may authorize of personal property of the city817 which has become unnecessary or unfit for the city to use;818 (15) Keep a current inventory showing all real and personal property of the city, and its819 location;820 H. B. 1536 - 34 - 26 LC 62 0460/AP (16) See to publication of all notices and documents required by law to be published;821 (17) Prepare for the election officials all notices, ballots and election supplies necessary822 in connection with municipal elections;823 (18) Prepare and have custody of all municipal records required by law to be kept by the824 city and not by a specific officer; and825 (19) Perform such other duties as may be prescribed by this ch arter, or required by826 ordinance or resolution of the city council.827 SECTION 2.22.828 City council interference with administration.829 Except for the purpose of inquiries and investigations under Section 2.6 of the city charter,830 the mayor and the city council or its members shall deal with c ity officers and employees831 who are subject to the direction or supervision of the city adm inistrator solely through the832 city administrator, and neither the mayor, nor the city council nor its members shall give833 orders directly to any such officer or employee, either publicly or privately.834 SECTION 2.23.835 Removal of city administrator.836 The city administrator shall be employed at will and may be summarily removed from office837 at any time by the city council.838 H. B. 1536 - 35 - 26 LC 62 0460/AP SECTION 2.24.839 Acting city administrator.840 By letter filed with the city clerk, the city administrator shall designate, subject to approval841 of the city council, a qualified city administrative officer to exercise the powers and perform842 the duties of administrator during the city administrator's temporary absence or physical or843 mental disability. During such absence or disability, the city council may revoke such844 designation at any time and appoint another officer of the city to serve until the city845 administrator shall return or the city administrator's disability shall cease.846 ARTICLE III847 ADMINISTRATIVE AFFAIRS848 SECTION 3.1.849 Administrative and service departments.850 (a) Except as otherwise provided in this charter, the city council shall prescribe the functions851 or duties of and shall establish, abolish, alter, consolidate, or leave vacant all nonelective852 offices, positions of employment, departments, and agencies of the city as necessary for the853 proper administration of the affairs and government of this city.854 (b) Except as otherwise provided by this charter or by law, the department heads and other855 appointed officers of the city shall be appointed solely on the basis of their respective856 administrative and professional qualifications.857 (c) All appointed officers and department heads shall receive such compensation as858 prescribed by resolution.859 (d) There shall be a head of each department or agency who sha ll be its principal officer.860 Each department head shall, subject to the direction and supervision of the city administrator,861 H. B. 1536 - 36 - 26 LC 62 0460/AP be responsible for the administration and direction of the affa irs and operations of that862 particular department or agency.863 (e) All appointed officers and department heads, except where otherwise prescribed by this864 charter or by law, shall be appointed by the city council. All officers and department heads865 shall be employees at will and subject to removal or suspension at any time, unless otherwise866 provided by law or ordinance.867 SECTION 3.2.868 Boards, commissions, and authorities.869 (a) The city council shall create by ordinance such boards, commissions, and authorities to870 fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems871 necessary and shall by ordinance establish the composition, period of existence, duties, and872 powers thereof.873 (b) All members of boards, commissions, and authorities of the city shall be appointed by874 the mayor and council for such terms of office and in such manner as shall be provided by875 ordinance, except where other appointing authority, terms of of fice, or manner of876 appointment is prescribed by this charter or by law.877 (c) The city council by ordinance may provide for the compensation and reimbursement for878 actual and necessary expenses of the members of any board, commission, or authority.879 (d) Except as otherwise provided by charter or by law, no memb er of any board,880 commission, or authority shall hold any elective office in the city or Putnam County. This881 provision shall not apply to the mayor or councilmembers.882 (e) Any vacancy on a board, commission, or authority of the ci ty shall be filled for the883 unexpired term in the manner prescribed in this charter for original appointment, except as884 otherwise provided by this charter or by law.885 H. B. 1536 - 37 - 26 LC 62 0460/AP (f) No member of a board, commission, or authority shall assume office until that person has886 executed and filed with the clerk of the city an oath obligatin g that person to perform887 faithfully and impartially the duties of his or her office; suc h oath shall be prescribed by888 ordinance and administered by the mayor or the mayor's designee.889 (g) All members of boards, commissions, or authorities of the city serve at will and may be890 removed at any time by the mayor and council unless otherwise provided by law.891 (h) Except as otherwise provided by this charter or by law, ea ch board, commission, or892 authority of the city shall elect one of its members as chairperson and one member as vice893 chairperson and may elect as its secretary one of its own membe rs or may appoint as894 secretary an employee of the city. Each board, commission, or authority of the city895 government may establish such bylaws, rules, and regulations no t inconsistent with this896 charter, ordinances of the city, or law, as it deems appropriat e and necessary for the897 fulfillment of its duties or the conduct of its affairs. Copie s of such bylaws, rules, and898 regulations shall be filed with the clerk of the city.899 SECTION 3.3.900 City attorney.901 (a) The city council shall appoint a city attorney, together with such assistant city attorneys902 as may be authorized, and shall provide for the payment of such attorney or attorneys for903 services rendered to the city. The city attorney shall be resp onsible for providing for the904 representation and defense of the city in all litigation in which the city is a party, may be the905 prosecuting officer in the municipal court, shall attend the me etings of the city council as906 directed, shall advise the mayor and council and other officers and employees of the city907 concerning legal aspects of the city's affairs, and shall perform such other duties as may be908 required by virtue of such person's position as city attorney.909 H. B. 1536 - 38 - 26 LC 62 0460/AP (b) The city attorney is not a public official of the city and does not take an oath of office. 910 A law firm, in lieu of an individual, may be designated as the city attorney.911 SECTION 3.4.912 City clerk.913 The city council shall appoint a city clerk who shall not be a councilmember. The city clerk914 shall be custodian of the official city seal and city records, maintain city council records915 required by this charter, and perform such other duties as may be required by the city council.916 SECTION 3.5.917 Position classification and pay plans.918 The city administrator shall be responsible for the preparation of a position classification and919 pay plan which shall be submitted to the city council for approval. Such plan may apply to920 all employees of the city and any of its agencies, departments, boards, commissions, or921 authorities. When a pay plan has been adopted, the city council shall not increase or decrease922 the salary range applicable to any position except by amendment of such pay plan. For923 purposes of this section, all elected and appointed city officials are not city employees.924 SECTION 3.6.925 Personnel policies.926 All employees serve at will and may be removed from office at a ny time unless otherwise927 provided by ordinance.928 H. B. 1536 - 39 - 26 LC 62 0460/AP ARTICLE IV929 JUDICIAL BRANCH930 SECTION 4.1.931 Creation; name.932 There shall be a court to be known as the Municipal Court of the City of Eatonton, Georgia.933 SECTION 4.2.934 Chief judge; associate judge.935 (a) The municipal court shall be presided over by a chief judge and such part-time, full-time,936 or stand-by judges as shall be provided by ordinance.937 (b) No person shall be qualified or eligible to serve as judge of the municipal court unless938 that person shall have attained the age of 25 years, shall be a member of the State Bar of939 Georgia, shall have practiced law for at least three years prior to his or her appointment, and940 shall possess all other qualifications required by law. He or she shall hold no other municipal941 office in the city during his or her tenure as judge. The judg e shall be appointed by the942 governing body and shall serve until a successor is appointed and qualified.943 (c) Compensation of the judges shall be fixed by ordinance.944 (d) Any judge shall serve at will and may be removed from offi ce in accordance with945 O.C.G.A. § 36-32-2.1, as amended, or any successor statute enac ted by the General946 Assembly.947 (e) Before assuming office, each judge shall take an oath, giv en by the mayor or other948 officer authorized by law to administer oaths, that such judge will honestly and faithfully949 discharge the duties of the judge's office to the best of his o r her ability and without fear,950 favor, or partiality. The oath shall be entered upon the official minutes of the city council.951 H. B. 1536 - 40 - 26 LC 62 0460/AP SECTION 4.3.952 Solicitor.953 There shall be a solicitor of the Municipal Court of Eatonton, Georgia. Duties, powers,954 qualifications, appointment, term of service, compensation, and removal may be provided955 by ordinance.956 SECTION 4.4.957 Clerk.958 There shall be a clerk of the Municipal Cour t of Eatonton, Geor gia. Duties, powers,959 qualifications, appointment, term of service, compensation, and removal may be provided960 by ordinance.961 SECTION 4.5.962 Convening.963 The municipal court shall be convened at regular intervals as determined by the chief judge,964 subject to ordinance.965 SECTION 4.6.966 Jurisdiction; powers.967 (a) The municipal court shall try and punish violations of this charter, all city ordinances,968 and such other violations as provided by law.969 (b) The municipal court shall have authority to punish those i n its presence for contempt,970 provided that such punishment shall not exceed $200.00 or ten days in jail.971 H. B. 1536 - 41 - 26 LC 62 0460/AP (c) The municipal court may fix punishment for offenses within its jurisdiction not972 exceeding a fine of $1,000.00 or imp risonment for 180 days or b oth such fine and973 imprisonment or may fix punishment by fine, imprisonment, or al ternative sentencing, as974 now or hereafter provided by law.975 (d) The municipal court shall have authority to establish a schedule of fees to defray the cost976 of operation and shall be entitled to require reimbursement from any defendant found guilty977 of any violation of an ordinance or state law the costs of tran sportation, incarceration, and978 the caretaking of any defendant bound over to superior or state court for violations of state979 law.980 (e) The municipal court shall have authority to establish bail and recognizances to ensure981 the presence of those charged with violations before such court and shall have discretionary982 authority to accept cash or personal or real property as surety for the appearance of persons983 charged with violations. Whenever any person shall give bail for that person's appearance984 and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the985 judge presiding at such time and an execution issued thereon by serving the defendant and986 the defendant's sureties with a rule nisi at least two days bef ore a hearing on the rule nisi. 987 In the event that cash or property is accepted in lieu of bond for security for the appearance988 of a defendant at trial, and if such defendant fails to appear at the time and place fixed for989 trial, the cash so deposited shall be, on order of the judge, declared forfeited to the city, or990 the property so deposited shall have a lien against it for the value forfeited which lien shall991 be enforceable in the same manner and to the same extent as a lien for city property taxes.992 (f) The municipal court shall have the same authority as super ior courts to compel the993 production of evidence in the possession of any party; to enfor ce obedience to its orders,994 judgments, and sentences; and to administer such oaths as are necessary.995 (g) The municipal court may compel the presence of all parties necessary to a proper996 disposal of each case by the issuance of summonses, subpoenas, and warrants which may be997 served as executed by any officer as authorized by this charter or by law.998 H. B. 1536 - 42 - 26 LC 62 0460/AP (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of999 persons charged with offenses against any ordinance of the city , and each judge of the1000 municipal court shall have the same authority as a magistrate of the state to issue warrants1001 for offenses against state laws committed within the city.1002 SECTION 4.7.1003 Certiorari.1004 The right of certiorari from the decision and judgment of the municipal court shall exist in1005 all criminal cases and ordinance violation cases, and such certiorari shall be obtained under1006 the sanction of a judge of the Superior Court of Putnam County under the laws of the State1007 of Georgia regulating the granting and issuance of writs of certiorari.1008 SECTION 4.8.1009 Rules for court.1010 With the approval of the city council, the judge shall have full power and authority to make1011 reasonable rules and regulations necessary and proper to secure the efficient and successful1012 administration of the municipal court; provided, however, that the city council may adopt in1013 part or as a whole the rules and regulations applicable to muni cipal courts. The rules and1014 regulations made or adopted shall be filed with the city clerk and be available for public1015 inspection, and, upon request, a copy shall be furnished to all defendants in municipal court1016 proceedings at least 48 hours prior to such proceedings.1017 H. B. 1536 - 43 - 26 LC 62 0460/AP ARTICLE V1018 ELECTIONS AND REMOVAL1019 SECTION 5.1.1020 Applicability of general law.1021 All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title1022 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.1023 SECTION 5.2.1024 Regular elections; time for holding.1025 (a) There shall be a municipal general election held biennially in odd-numbered years on the1026 Tuesday next following the first Monday in November.1027 (b) There shall be elected the mayor, councilmember Ward 1 and 4, councilmember Ward1028 2 and 3, and councilmember at-large at one election and at ever y other election thereafter. 1029 The remaining city council seats shall be filled at the electio n alternating with the first1030 election, so that a continuing body is created. Terms shall be f o r f o u r y e a r s . C u r r e n t1031 members of the city council shall serve their remaining terms.1032 SECTION 5.3.1033 Nonpartisan elections.1034 Political parties shall not conduct primaries for city offices, and all names of candidates for1035 city offices shall be listed without party designations.1036 H. B. 1536 - 44 - 26 LC 62 0460/AP SECTION 5.4.1037 Election by majority vote.1038 The councilmembers from Ward 1, Ward 2, Ward 3, Ward 4, Ward 1 and 4, and Ward 2 and1039 3 shall be elected by a majority vote of the electors of their respective districts. The mayor1040 and councilmember at-large shall be elected by a majority vote of the votes cast for each1041 position by the electors of the city at large.1042 SECTION 5.5.1043 Special elections; vacancies.1044 In the event that the office of mayor or councilmember shall become vacant as provided in1045 Section 2.3 of this charter, the city council or those remaining shall order a special election1046 to fill the balance of the unexpired term of such official; pro vided, however, that, if such1047 vacancy occurs within 12 months of the expiration of the term of that office, the city council1048 or those members remaining shall appoint a successor, who shall meet the qualifications for1049 office in Section 2.2 of this charter, for the remainder of the term. In all other respects, the1050 special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the1051 O.C.G.A., the "Georgia Election Code," as now or hereafter amended.1052 SECTION 5.6.1053 Other provisions.1054 Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe1055 such rules and regulations as it deems appropriate to fulfill a ny options and duties under1056 Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."1057 H. B. 1536 - 45 - 26 LC 62 0460/AP SECTION 5.7.1058 Removal of officers.1059 (a) A councilmember, the mayor, or other appointed officers pr ovided for in this charter1060 shall be removed from office for any one or more of the causes provided in Title 45 of the1061 O.C.G.A. or such other applicable laws as are or may hereafter be enacted.1062 (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished1063 by one of the following methods:1064 (1) Following a hearing at which an impartial panel shall render a decision. In the event1065 an elected officer is sought to be removed by the action of the city council, such officer1066 shall be entitled to a written notice specifying the ground or grounds for removal and to a1067 public hearing which shall be held not less than ten days after the service of such written1068 notice. The city council shall provide by ordinance for the manner in which such hearings1069 shall be held. Any elected officer sought to be removed from o ffice as provided in this1070 section shall have the right of appeal from the decision of the city council to the Superior1071 Court of Putnam County. Such appeal shall be governed by the s ame rules as govern1072 appeals to the superior court from the probate court; or1073 (2) By an order of the Superior Court of Putnam County followi ng a hearing on a1074 complaint seeking such removal brought by any resident of the City of Eatonton.1075 (c) This section shall not apply to municipal court judges, wh ose removal is governed by1076 Article IV of this charter and state law.1077 H. B. 1536 - 46 - 26 LC 62 0460/AP ARTICLE VI1078 FINANCE1079 SECTION 6.1.1080 Property tax.1081 The city council may assess, levy, and collect an ad valorem ta x on all real and personal1082 property within the corporate limits of the city that is subject to such taxation by the state and1083 county. This tax is for the purpose of raising revenues to defray the costs of operating the city1084 government, of providing governmental services, for the repayment of principal and interest1085 on general obligations, and for any other public purpose as det ermined by the city council1086 in its discretion.1087 SECTION 6.2.1088 Millage rate; due dates; payment methods.1089 The city council by resolution shall establish a millage rate for the city property tax, a due1090 date, and the time period within which these taxes must be paid . The city council may1091 provide for the payment of these taxes by installments or in on e lump sum, as well as1092 authorize the voluntary payment of taxes prior to the time when due.1093 SECTION 6.3.1094 Occupation and business taxes.1095 The city council by ordinance shall have the power to levy such occupation or business taxes1096 as are not denied by law. The city council may classify busine sses, occupations, or1097 professions for the purpose of such taxation in any way which m ay be lawful and may1098 compel the payment of such taxes as provided in Section 6.9 of this charter.1099 H. B. 1536 - 47 - 26 LC 62 0460/AP SECTION 6.4.1100 Licenses; permits; fees.1101 The city council by ordinance shall have the power to require b usinesses or practitioners1102 doing business in this city to obtain a permit for such activit y from the city and pay a1103 regulatory fee for such permit as provided by general law. Such fees shall reflect the total1104 cost to the city of regulating the activity and, if unpaid, sha ll be collected as provided in1105 Section 6.9 of this charter.1106 SECTION 6.5.1107 Franchises.1108 (a) The city council shall have the power to grant franchises for the use of this city's streets1109 and alleys for the purposes of railroads, street railways, tele phone companies, electric1110 companies, electric membership corporations, cable television and other telecommunications1111 companies, gas companies, transportation companies, and other similar organizations. The1112 city council shall determine the duration and terms, whether the same shall be exclusive or1113 nonexclusive, and the consideration for such franchises; provided, however, that no franchise1114 shall be granted for a period in excess of 35 years, and no franchise shall be granted unless1115 the city receives just and adequate compensation therefor. The city council shall provide for1116 the registration of all franchises with the city clerk in a reg istration book kept by the city1117 clerk. The city council may provide by ordinance for the regis tration within a reasonable1118 time of all franchises previously granted.1119 (b) If no franchise agreement is in effect, the city council has the authority to impose a tax1120 on gross receipts for the use of this city's streets and alleys for the purposes of railroads,1121 street railways, telephone companies, electric companies, electric membership corporations,1122 H. B. 1536 - 48 - 26 LC 62 0460/AP cable television and other telecommunications companies, gas co mpanies, transportation1123 companies, and other similar organizations.1124 SECTION 6.6.1125 Service charges.1126 The city council by ordinance shall have the power to assess an d collect fees, charges,1127 assessments, and tolls for services provided or made available within and outside the1128 corporate limits of the city. If unpaid, such charges shall be collected as provided in Section1129 6.9 of this charter.1130 SECTION 6.7.1131 Special assessments.1132 The city council by ordinance shall have the power to assess an d collect the costs of1133 constructing, reconstructing, widening, or improving any public way, street, sidewalk,1134 curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property1135 owners. If unpaid, such charges shall be collected as provided in Section 6.9 of this charter.1136 SECTION 6.8.1137 Construction; other taxes.1138 This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,1139 and the specific mention of any right, power, or authority in this article shall not be construed1140 as limiting in any way the general powers of this city to govern its local affairs.1141 H. B. 1536 - 49 - 26 LC 62 0460/AP SECTION 6.9.1142 Collection of delinquent taxes and fees.1143 The city council by ordinance may provide generally for the collection of delinquent taxes,1144 fees, or other revenue due the city under Sections 6.1 through 6.8 of this charter by whatever1145 reasonable means as are not precluded by law. This shall inclu de providing for the dates1146 when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.;1147 creation and priority of liens; making delinquent taxes and fees personal debts of the persons1148 required to pay the taxes or fees imposed; revoking city permits for failure to pay any city1149 taxes or fees; and providing for the assignment or transfer of tax executions.1150 SECTION 6.10.1151 General obligation bonds.1152 The city council shall have the power to issue bonds for the pu rpose of raising revenue to1153 carry out any project, program, or venture authorized under thi s charter or the laws of the1154 state. Such bonding authority shall be exercised in accordance with the laws governing bond1155 issuance by municipalities in effect at the time said issue is undertaken.1156 SECTION 6.11.1157 Revenue bonds.1158 Revenue bonds may be issued by the city council as state law no w or hereafter provides.1159 Such bonds are to be paid out of any revenue produced by the project, program, or venture1160 for which they were issued.1161 H. B. 1536 - 50 - 26 LC 62 0460/AP SECTION 6.12.1162 Short-term loans.1163 The city may obtain short-term loans and must repay such loans not later than December 311164 of each year, unless otherwise provided by law.1165 SECTION 6.13.1166 Lease-purchase contracts.1167 The city may enter into multiyear lease, purchase, or lease-pur chase contracts for the1168 acquisition of goods, materials, real and personal property, services, and supplies, provided1169 the contract terminates without further obligation on the part of the municipality at the close1170 of the calendar year in which it was executed and at the close of each succeeding calendar1171 year for which it may be renewed. Contracts must be executed i n accordance with the1172 requirements of O.C.G.A. § 36-60-13, or other such applicable laws as are or may hereafter1173 be enacted.1174 SECTION 6.14.1175 Fiscal year.1176 The city council shall set the fiscal year by ordinance. This f iscal year shall constitute the1177 budget year and the year for financial accounting and reporting of each and every office,1178 department, agency, and activity of the city government.1179 H. B. 1536 - 51 - 26 LC 62 0460/AP SECTION 6.15.1180 Budget ordinance.1181 The city council shall provide an ordinance on the procedures a nd requirements for the1182 preparation and execution of an annual operating budget, a capi tal improvement plan, and1183 a capital budget, including requirements as to the scope, content, and form of such budgets1184 and plans. The city council shall also comply with the budgeting and auditing provisions of1185 Chapter 81 of Title 36 of the O.C.G.A.1186 SECTION 6.16.1187 Operating budget.1188 On or before a date fixed by the city council but not later than 60 days prior to the beginning1189 of each fiscal year, the mayor, through the city administrator, shall submit to the city council1190 a proposed operating budget for the ensuing fiscal year. The bu dget shall be accompanied1191 by a message from the city administrator containing a statement of the general fiscal policies1192 of the city, the important features of the budget, explanations of major changes recommended1193 for the next fiscal year, a general summary of the budget, and other pertinent comments and1194 information. The operating budget and the capital budget provided for in Section 6.10 of this1195 charter, the budget message, and all supporting documents shall be filed in the office of the1196 city clerk and shall be open to public inspection.1197 SECTION 6.17.1198 Action by city council on budget.1199 (a) The councilmembers may amend the operating budget proposed by the mayor, except1200 that the budget as finally amended and adopted must provide for all expenditures required1201 H. B. 1536 - 52 - 26 LC 62 0460/AP by state law or by other provisions of this charter and for all debt service requirements for1202 the ensuing fiscal year. The total appropriations from any fun d shall not exceed the1203 estimated fund balance, reserves, and revenues.1204 (b) The city council by resolution shall adopt the final operating budget for the ensuing fiscal1205 year not later than the first day of such fiscal year. If the city council fails to adopt the1206 budget by said date, the amounts appropriated for operation for the then current fiscal year1207 shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items1208 prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal1209 year. Adoption of the budget shall take the form of an appropriations resolution setting out1210 the estimated revenues in detail by sources and making appropriations according to fund and1211 by organizational unit, purpose, or activity as set out in the budget preparation ordinance1212 adopted pursuant to Section 6.15 of this charter.1213 (c) The amount set out in the adopted operating budget for eac h organizational unit shall1214 constitute the annual appropriation for such, and no expenditur e shall be made or1215 encumbrance created in excess of the otherwise unencumbered balance of the appropriations1216 or allotment thereof to which it is chargeable.1217 SECTION 6.18.1218 Levy of taxes.1219 The city council shall levy by resolution such taxes as are necessary. The taxes and tax rates1220 set by such resolution shall be such that reasonable estimates of revenues from such levy1221 shall at least be sufficient, together with other anticipated r evenues, fund balances, and1222 applicable reserves, to equal the total amount appropriated for each of the several funds set1223 forth in the annual operating budget for defraying the expenses of the general government1224 of this city.1225 H. B. 1536 - 53 - 26 LC 62 0460/AP SECTION 6.19.1226 Changes in appropriations.1227 The city council by resolution may make changes in the appropri ations contained in the1228 current operating budget at any regular meeting or special or emergency meeting called for1229 such purpose, but any additional appropriations may be made onl y from an existing1230 unexpended surplus.1231 SECTION 6.20.1232 Capital improvements.1233 On or before the date fixed by the city council, but not later than 60 days prior to the1234 beginning of each fiscal year, the city administrator shall sub mit to the city council a1235 proposed capital improvements plan, with a recommended capital budget containing the1236 means of financing the improvements proposed for the ensuing fiscal year. The city council1237 shall have power to accept, with or without amendments, or reje ct the proposed plan and1238 budget.1239 SECTION 6.21.1240 Audits.1241 There shall be an annual independent audit of all city accounts , funds, and financial1242 transactions by a certified public accountant selected by the city council. The audit shall be1243 conducted according to generally accepted auditing principles. Any audit of any funds by the1244 state or federal governments may be accepted as satisfying the requirements of this charter.1245 Copies of annual audit reports shall be available at printing costs to the public.1246 H. B. 1536 - 54 - 26 LC 62 0460/AP SECTION 6.22.1247 Procurement and property management.1248 No contract with the city shall be binding on the city unless:1249 (1) It is in writing;1250 (2) It is drawn by or submitted and reviewed by the city attor ney and, as a matter of1251 course, is signed by the city attorney to indicate such drafting or review; and1252 (3) It is made or authorized by the city council and such appr oval is entered in the city1253 council minutes book, or journal, of proceedings pursuant to Section 2.16 of this charter.1254 SECTION 6.23.1255 Purchasing.1256 The city council may by ordinance prescribe procedures for a sy stem of centralized1257 purchasing for the city.1258 SECTION 6.24.1259 Sale and lease of property.1260 (a) The city council may sell and convey or lease any real or personal property owned or1261 held by the city for governmental or other purposes as now or hereafter provided by law.1262 (b) The city council may quitclaim any rights it may have in property not needed for public1263 purposes upon report by the city administrator and adoption of a resolution, both finding that1264 the property is not needed for public or other purposes and that the interest of the city has no1265 readily ascertainable monetary value.1266 (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place1267 of the city, a small parcel or tract of land is cut off or separated by such work from a larger1268 H. B. 1536 - 55 - 26 LC 62 0460/AP tract or boundary of land owned by the city, the city council m ay authorize the city1269 administrator to sell and convey said cut-off or separated parcel or tract of land to an abutting1270 or adjoining property owner or owners where such sale and conveyance facilitates the highest1271 and best use of the abutting owner's property. Included in the sales contract shall be a1272 provision for the rights of way of said street, avenue, alley, or public place. Each abutting1273 property owner shall be notified of the availability of the property and given the opportunity1274 to purchase said property under such terms and conditions as set out by ordinance. All deeds1275 and conveyances heretofore and hereafter so executed and delivered shall convey all title and1276 interest the city has in such property, notwithstanding the fac t that no public sale after1277 advertisement was or is hereafter made.1278 ARTICLE VII1279 GENERAL PROVISIONS1280 SECTION 7.1.1281 Bonds for officials.1282 The officers and employees of this city, both elected and appointed, shall execute such surety1283 or fidelity bonds in such amounts and upon such terms and condi tions as the city council1284 shall from time to time require by ordinance or as may be provided by law.1285 SECTION 7.2.1286 Prior ordinances.1287 All ordinances, resolutions, rules, and regulations now in forc e in the city and not1288 inconsistent with this charter are hereby declared valid and of full effect and force until1289 amended or repealed by the city council.1290 H. B. 1536 - 56 - 26 LC 62 0460/AP SECTION 7.3.1291 Existing personnel and officers.1292 Except as specifically provided otherwise by this charter, all personnel and officers of the1293 city and their rights, privileges, and powers shall continue beyond the time this charter takes1294 effect for a period of 180 days before or during which the existing city council shall pass a1295 transition ordinance detailing the changes in personnel and app ointed officers required or1296 desired and arranging such titles, rights, privileges, and powers as may be required or desired1297 to allow a reasonable transition.1298 SECTION 7.4.1299 Pending matters.1300 Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1301 contracts, and legal or administrative proceedings shall continue, and any such ongoing work1302 or cases shall be completed by such city agencies, personnel, or offices as may be provided1303 by the city council.1304 SECTION 7.5.1305 Construction and definitions.1306 (a) Section captions in this charter are informative only and are not to be considered as a part1307 thereof.1308 (b) The word "shall" is mandatory and the word "may" is permissive.1309 (c) The singular shall include the plural, the masculine shall include the feminine, and vice1310 versa.1311 H. B. 1536 - 57 - 26 LC 62 0460/AP SECTION 7.6.1312 Severability.1313 If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1314 held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1315 or impair other parts of this charter unless it clearly appears that such other parts are wholly1316 and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1317 legislative intent in enacting this charter that each article, section, subsection, paragraph,1318 sentence or part thereof be enacted separately and independent of each other.1319 SECTION 7.7.1320 Effective date.1321 This Act shall become effective on July 1, 2026.1322 ARTICLE VIII1323 REPEALER1324 SECTION 8.1.1325 Specific repealer.1326 An Act to incorporate the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620),1327 is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their1328 entirety.1329 H. B. 1536 - 58 - 26 LC 62 0460/AP SECTION 8.2.1330 General repealer.1331 All laws and parts of laws in conflict with this Act are repealed.1332 H. B. 1536 - 59 -