Georgia 2023-2024 Regular Session

Georgia House Bill HB1229 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 HB 1229/AP
2		-	House Bill 1229 (AS PASSED HOUSE AND SENATE)
3		-	By: Representatives Carpenter of the 4
4		-	th
5		-	and Tarvin of the 2
6		-	nd
7		-
	1	+	24 LC 47 2867S
	2	+	Senator Payne of the 54th offered the following
	3	+	substitute to HB 1229:
8	4		A BILL TO BE ENTITLED
9	5		AN ACT
10		-	To provide a new charter for the City of Dalton in Whitfield County, Georgia; to provide for
11		-	1
	6	+	To provide a new charter for the City of Dalton in Whitfield County, Georgia; to provide for1
12	7		incorporation, boundaries, and powers of the city; to provide for a governing authority of2
13	8		such city and the powers, duties, authority, election, terms, method of filling vacancies,3
14	9		compensation, qualifications, prohibitions, and removal from office relative to members of4
15	10		such governing authority; to provide for inquiries and investigations; to provide for5
16	11		organization and procedures; to provide for ordinances and codes; to provide for6
17	12		administrative responsibilities; to provide for boards, commissions, and authorities; to7
18	13		provide for a city administrator, a city attorney, a city clerk, and other personnel; to provide8
19	14		for rules and regulations; to provide for a municipal court and the judge or judges thereof;9
20	15		to provide for practices and procedures; to provide for taxation and fees; to provide for10
21	16		franchises, service charges, and assessments; to provide for bonded and other indebtedness;11
22	17		to provide for accounting and budgeting; to provide for the sale of property; to provide for12
23	18		penalties; to provide for an independent school system; to provide for public utilities; to13
24	19		provide for definitions and construction; to provide for fire and police departments and chiefs14
25	20		thereof; to provide for zoning and planning; to provide for a building authority, downtown15
26	21		development authority, and airport authority for the city; to provide for related matters; to16
27	22		provide for prior ordinances and pending matters; to provide for construction; to provide for17
28	23		severability; to repeal specific Acts; to repeal conflicting laws; and for other purposes.18
29		-	H. B. 1229
30		-	- 1 - 24 HB 1229/AP
31		-	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
32		-	19
	24	+	- 1 - 24 LC 47 2867S
	25	+	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19
33	26		ARTICLE I20
34	27		INCORPORATION AND POWERS21
35	28		SECTION 1.10.22
36	29		Name.23
37	30		The City of Dalton in Whitfield County, Georgia, and the inhabitants thereof, are24
38	31		reincorporated by the enactment of this charter and are hereby constituted and declared a25
39	32		body politic and corporate under the name and style City of Dalton, Georgia, and by that26
40	33		name shall have perpetual succession.27
41	34		SECTION 1.11.28
42	35		Corporate boundaries.29
43	36		(a) The boundaries of the city shall be those existing on the effective date of the adoption30
44	37		of this charter with such alterations as may be made from time to time in the manner31
45	38		provided by law. The boundaries of the city at all times shall be shown on a map, a written32
46	39		description, or any combination thereof to be retained permanently in the office of the city33
47	40		clerk and to be designated, as the case may be: "Official Map (or Description) of the34
48	41		corporate limits of Dalton, Georgia." Photographic, typed, or other copies of such map or35
49	42		description certified by the city clerk shall be admitted as evidence in all courts and shall36
50	43		have the same force and effect as the original map or description.37
51	44		(b) The mayor and council may provide for the redrawing of any such map or description38
52	45		by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map or39
53		-	H. B. 1229
54		-	- 2 - 24 HB 1229/AP
55		-	description shall supersede for all purposes the entire map or description which it is
56		-	40
	46	+	- 2 - 24 LC 47 2867S
	47	+	description shall supersede for all purposes the entire map or description which it is40
57	48		designated to replace.41
58	49		SECTION 1.12.42
59	50		Powers and construction.43
60	51		(a) The city shall have all powers possible for a city to have under the present or future44
61	52		Constitution and laws of this state as fully and completely as though they were specifically45
62	53		enumerated in this charter. The city shall have all the powers of self-government not46
63	54		otherwise prohibited by this charter or by general law.47
64	55		(b) The powers of the city shall be construed liberally in favor of the city. The specific48
65	56		mention or failure to mention particular powers shall not be construed as limiting in any way49
66	57		the powers of the city. These powers shall include, but not be limited to, the following:50
67	58		(1) Animal regulations. To regulate and license or to prohibit the keeping or running at51
68	59		large of animals and fowl, and to provide for the impoundment of same if in violation of52
69	60		any ordinance or lawful order; to provide for the disposition by sale, gift, or humane53
70	61		destruction of animals and fowl when not redeemed as provided by ordinance; and to54
71	62		provide punishment for violation of ordinances enacted in this charter;55
72	63		(2) Appropriations and expenditures. To make appropriations for the support of the56
73	64		government of the city; to authorize the expenditure of money for any purposes authorized57
74	65		by this charter and for any purpose for which a municipality is authorized by the laws of58
75	66		the State of Georgia; and to provide for the payment of expenses of the city;59
76	67		(3) Building regulation. To regulate and to license the erection and construction of60
77	68		buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, fire,61
78	69		property maintenance, and heating and air conditioning codes; and to regulate all housing62
79	70		and building trades to the extent permitted by general law;63
80		-	H. B. 1229
81		-	- 3 - 24 HB 1229/AP
82		-	(4) Business regulation and taxation. To levy and to provide for the collection of
83		-	64
	71	+	- 3 - 24 LC 47 2867S
	72	+	(4) Business regulation and taxation. To levy and to provide for the collection of64
84	73		regulatory fees and taxes on privileges, occupations, trades, and professions as authorized65
85	74		by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be66
86	75		enacted; to permit and regulate the same; to provide for the manner and method of payment67
87	76		of such regulatory fees and taxes; and to revoke such permits after due process for failure68
88	77		to pay any city taxes or fees;69
89	78		(5) Condemnation. To condemn property, inside or outside the corporate limits of the city,70
90	79		for present or future use and for any corporate purpose deemed necessary by the mayor and71
91	80		council, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other72
92	81		applicable laws as are or may hereafter be enacted;73
93	82		(6) Contracts. To enter into contracts and agreements with other governmental entities and74
94	83		with private persons and entities;75
95	84		(7) Emergencies. To establish procedures for determining and proclaiming that an76
96	85		emergency situation exists within or without the city, and to make and carry out all77
97	86		reasonable provisions deemed necessary to deal with or meet such an emergency for the78
98	87		protection, safety, health, or well-being of the citizens of the city;79
99	88		(8) Environmental protection. To protect and preserve the natural resources, environment,80
100	89		and vital areas of the city, the region, and the state through the preservation and81
101	90		improvement of air quality, the restoration and maintenance of water resources, the control82
102	91		of erosion and sedimentation, the management of stormwater and establishment of a83
103	92		stormwater utility, the management of solid and hazardous waste, and other necessary84
104	93		actions for the protection of the environment;85
105	94		(9) Ethics. To adopt ethics ordinances and regulations governing the conduct of municipal86
106	95		elected officials, appointed officials, and employees, and to establish procedures for ethics87
107	96		complaints and set forth penalties for violations of such rules and procedures; 88
108	97		(10) Fire regulations. To fix and establish fire limits and from time to time to extend,89
109	98		enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with90
110		-	H. B. 1229
111		-	- 4 - 24 HB 1229/AP
112		-	general law, relating to both fire prevention and detection and to firefighting; and to
113		-	91
	99	+	- 4 - 24 LC 47 2867S
	100	+	general law, relating to both fire prevention and detection and to firefighting; and to91
114	101		prescribe penalties and punishment for violations thereof;92
115	102		(11) Garbage fees. To levy, fix, assess, and collect garbage, refuse, and trash collection93
116	103		and disposal, and other sanitary service charge, tax, or fee for such services as may be94
117	104		necessary in the operation of the city from all individuals, firms, and corporations residing95
118	105		in or doing business therein benefiting from such services; to enforce the payment of such96
119	106		charges, taxes, or fees; and to provide for the manner and method of collecting such service97
120	107		charges;98
121	108		(12) General health, safety, and welfare. To define, regulate, and prohibit any act,99
122	109		practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness,100
123	110		welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such101
124	111		standards;102
125	112		(13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for103
126	113		any purpose related to powers and duties of the city and the general welfare of its citizens,104
127	114		on such terms and conditions as the donor or grantor may impose;105
128	115		(14) Health and sanitation. To prescribe standards of health and sanitation and to provide106
129	116		for the enforcement of such standards;107
130	117		(15) Jail sentences. To provide that persons given jail sentences in the city's municipal108
131	118		court may work out such sentences in any public works or on the streets, roads, drains, and109
132	119		other public property in the city, to provide for commitment of such persons to any jail, to110
133	120		provide for the use of pretrial diversion and any alternative sentencing allowed by law, or111
134	121		to provide for commitment of such persons to any county work camp or county jail by112
135	122		agreement with the appropriate county officials;113
136	123		(16) Motor vehicles. To regulate the operation of motor vehicles and exercise control over114
137	124		all traffic, including parking upon or across the streets, roads, alleys, and walkways of the115
138	125		city;116
139		-	H. B. 1229
140		-	- 5 - 24 HB 1229/AP
141		-	(17) Municipal agencies and delegation of power. To create, alter, or abolish departments,
142		-	117
	126	+	- 5 - 24 LC 47 2867S
	127	+	(17) Municipal agencies and delegation of power. To create, alter, or abolish departments,117
143	128		boards, offices, commissions, and agencies of the city, and to confer upon such agencies118
144	129		the necessary and appropriate authority for carrying out all the powers conferred upon or119
145	130		delegated to the same;120
146	131		(18) Municipal debts. To appropriate and borrow money for the payment of debts of the121
147	132		city and to issue bonds for the purpose of raising revenue to carry out any project, program,122
148	133		or venture authorized by this charter or the laws of the State of Georgia;123
149	134		(19) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or124
150	135		otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or125
151	136		outside the corporate limits of the city or the State of Georgia;126
152	137		(20) Municipal property protection. To provide for the preservation and protection of127
153	138		property and equipment of the city and the administration and use of same by the public;128
154	139		and to prescribe penalties and punishment for violations thereof;129
155	140		(21) Municipal utilities. Except as otherwise set forth in this charter, to acquire, lease,130
156	141		construct, operate, maintain, sell, and dispose of public utilities, including but not limited131
157	142		to a system of waterworks, sewers and drains, sewage disposal, stormwater management,132
158	143		gas works, electric light plants, cable television and other telecommunications,133
159	144		transportation facilities, public airports, and any other public utility; to fix the taxes,134
160	145		charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the135
161	146		withdrawal of service for refusal or failure to pay the same;136
162	147		(22) Nuisance. To define a nuisance and provide for its abatement whether on public or137
163	148		private property;138
164	149		(23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to139
165	150		the authority of this charter and the laws of the State of Georgia;140
166	151		(24) Planning and zoning. To provide comprehensive city planning for development by141
167	152		zoning; and to provide subdivision regulation and the like as the mayor and council deems142
168	153		necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; 143
169		-	H. B. 1229
170		-	- 6 - 24 HB 1229/AP
171		-	(25) Police and fire protection. To exercise the power of arrest through duly appointed
172		-	144
	154	+	- 6 - 24 LC 47 2867S
	155	+	(25) Police and fire protection. To exercise the power of arrest through duly appointed144
173	156		police officers, and to establish, operate, or contract for a police and a firefighting agency; 145
174	157		(26) Public hazards: removal. To provide for the destruction and removal of any building146
175	158		or other structure which is or may become dangerous or detrimental to the public;147
176	159		(27) Public improvements. To provide for the acquisition, construction, building,148
177	160		operation, and maintenance of public ways, parks and playgrounds, recreational facilities,149
178	161		cemeteries, public buildings, libraries, public housing, parking facilities, or charitable,150
179	162		cultural, educational, recreational, conservation, sport, detentional, penal, and medical151
180	163		institutions, agencies, and facilities; and to provide any other public improvements, inside152
181	164		or outside the corporate limits of the city and to regulate the use of public improvements;153
182	165		and for such purposes, property may be acquired by condemnation under Title 22 and154
183	166		Title 32 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted;155
184	167		(28) Public peace. To provide for the prevention and punishment of loitering, disorderly156
185	168		conduct, public drunkenness, riots, and public disturbances;157
186	169		(29) Public transportation. To organize and operate such public transportation systems as158
187	170		are deemed beneficial;159
188	171		(30) Regulation of roadside areas. To prohibit or regulate and control the erection,160
189	172		removal, connection, and maintenance of signs, billboards, trees, shrubs, fences, buildings,161
190	173		driveways, curb cuts, and any and all other structures or obstructions upon or adjacent to162
191	174		the rights of way of streets and roads or within view thereof, within or abutting the163
192	175		corporate limits of the city; and to prescribe penalties and punishment for violation of such164
193	176		ordinances;165
194	177		(31) Retirement. To provide and maintain a retirement plan for officers and employees166
195	178		of the city;167
196	179		(32) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade168
197	180		of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise169
198	181		improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and170
199		-	H. B. 1229
200		-	- 7 - 24 HB 1229/AP
201		-	walkways within the corporate limits of the city; to grant franchises and rights of way
202		-	171
	182	+	- 7 - 24 LC 47 2867S
	183	+	walkways within the corporate limits of the city; to grant franchises and rights of way171
203	184		throughout the streets, roads, and over the bridges and viaducts for the use of public172
204	185		utilities; and to require real estate owners to repair and maintain in a safe condition the173
205	186		sidewalks adjoining their lots or lands, and to impose penalties for failure to do so;174
206	187		(33) Sale of alcoholic beverages. The mayor and council shall have the power by175
207	188		ordinance to regulate, license, and tax the wholesale and retail sale of alcoholic beverages176
208	189		within the city in a manner consistent with state law; and shall have the power to establish177
209	190		and impose by ordinance fines, license suspensions, and license revocations for violations178
210	191		of alcoholic beverage ordinances;179
211	192		(34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,180
212	193		constructing, equipping, operating, maintaining, and extending of a sewage disposal plant181
213	194		and sewerage system, and to levy on those to whom sewers and sewerage systems are made182
214	195		available a sewer service fee, charge, or sewer tax for the availability or use of the sewers;183
215	196		to provide for the manner and method of collecting such service charges and for enforcing184
216	197		payment of the same; and to charge, impose, and collect a sewer connection fee or fees to185
217	198		those connected with the system;186
218	199		(35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish,187
219	200		and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by188
220	201		others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper,189
221	202		and other recyclable materials and to provide for the sale of such items;190
222	203		(36) Special areas of public regulation. To regulate or prohibit junk dealers and the191
223	204		manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use192
224	205		of combustible, explosive, and inflammable materials, the use of lighting and heating193
225	206		equipment, and any other business or situation which may be dangerous to persons or194
226	207		property; to regulate and control the conduct of peddlers and itinerant traders, theatrical195
227	208		performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and196
228		-	H. B. 1229
229		-	- 8 - 24 HB 1229/AP
230		-	tax professional fortune telling, palmistry, and massage parlors; and to restrict adult
231		-	197
	209	+	- 8 - 24 LC 47 2867S
	210	+	tax professional fortune telling, palmistry, and massage parlors; and to restrict adult197
232	211		bookstores and other adult entertainment establishments to certain areas;198
233	212		(37) Special assessments. To levy and provide for the collection of special assessments199
234	213		to cover the costs for any public improvements;200
235	214		(38) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation,201
236	215		and collection of taxes on all property subject to taxation; and to provide homestead202
237	216		exemption from such taxes.203
238	217		(39) Taxes: other. To levy and collect such other taxes as may be allowed now or in the204
239	218		future by law;205
240	219		(40) Urban redevelopment. To organize and operate an urban redevelopment program; 206
241	220		(41) Vehicles for hire. To regulate and license vehicles operated for hire in the city; to207
242	221		limit the number of such vehicles; to require the operators thereof to be licensed; to require208
243	222		public liability insurance on such vehicles in the amounts to be prescribed by ordinance;209
244	223		and to regulate the parking of such vehicles; and210
245	224		(42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges,211
246	225		and immunities necessary or desirable to promote or protect the safety, health, peace,212
247	226		security, good order, comfort, convenience, or general welfare of the city and its213
248	227		inhabitants; to exercise all implied powers necessary or desirable to carry into execution214
249	228		all powers granted in this charter as fully and completely as if such powers were fully215
250	229		stated in this Act; and to exercise all powers now or in the future authorized to be exercised216
251	230		by other municipal governments under other laws of the State of Georgia; and any listing217
252	231		of particular powers in this charter shall not be held to be exclusive of others or restrictive218
253	232		of general words and phrases granting powers, but shall be held to be in addition to such219
254	233		powers unless expressly prohibited to municipalities under the Constitution or applicable220
255	234		laws of the State of Georgia.221
256		-	H. B. 1229
257		-	- 9 - 24 HB 1229/AP
258		-	SECTION 1.13.
259		-	222
	235	+	- 9 - 24 LC 47 2867S
	236	+	SECTION 1.13.222
260	237		Exercise of powers.223
261	238		All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or224
262	239		employees shall be carried into execution as provided by this charter. If this charter makes225
263	240		no provision, such shall be carried into execution as provided by ordinance, resolution, or as226
264	241		provided by pertinent laws of the State of Georgia.227
265	242		ARTICLE II228
266	243		GOVERNMENT STRUCTURE229
267	244		SECTION 2.10.230
268	245		Mayor and council; number; wards; election.231
269	246		The legislative authority of the government of the city, except as otherwise specifically232
270	247		provided in this charter, shall be vested in a governing body to be composed of a mayor and233
271	248		four councilmembers who shall be known as the Mayor and Council of the City of Dalton,234
272	249		Georgia. The governing body established shall in all respects be a successor to and235
273	250		continuation of the governing authority under prior law. The mayor and councilmembers236
274	251		shall be elected in the manner provided by general law and this charter. For the purpose of237
275	252		electing councilmembers, the city shall consist of four wards. The boundaries of the four238
276	253		wards shall be those existing on the effective date of the adoption of this charter with such239
277	254		alterations as may be made from time to time in the manner provided by law. The240
278	255		boundaries of each ward at all times shall be shown on a map, a written description, or any241
279	256		combination thereof, to be retained in the office of the city clerk and to be designated, as the242
280	257		case may be: "Official Map (or Description) of the Election Wards of the City of Dalton,243
281	258		Georgia." Photographic, typed, or other copies of such map or description certified by the244
282		-	H. B. 1229
283		-	- 10 - 24 HB 1229/AP
284		-	city clerk shall be admitted as evidence in all courts and shall have the same force and effect
285		-	245
	259	+	- 10 - 24 LC 47 2867S
	260	+	city clerk shall be admitted as evidence in all courts and shall have the same force and effect245
286	261		as the original map or description. Each candidate for the position of councilmember must246
287	262		reside in the ward he or she seeks to represent, but such wards shall be residency wards only247
288	263		and not voting wards. All elections for mayor and councilmembers shall be elected at large248
289	264		by the voters of the entire city.249
290	265		SECTION 2.11.250
291	266		Terms and qualifications for office for mayor and councilmembers.251
292	267		The mayor and councilmembers shall serve for terms of four years and until their respective252
293	268		successors are elected and qualified. No person shall be eligible to serve as mayor or253
294	269		councilmember unless that person shall have been a resident of the area comprising the254
295	270		corporate limits of the city for a continuous period of at least 12 months immediately prior255
296	271		to the date of the election for mayor or councilmember, shall continue to reside therein256
297	272		during that person's period of service, and shall continue to be registered and qualified to vote257
298	273		in municipal elections of the city. In addition to the requirements in this section, no person258
299	274		shall be eligible to serve as a councilmember representing a ward unless that person has been259
300	275		a resident of the ward such person seeks to represent for a continuous period of at least six 260
301	276		months immediately prior to the date of the election for councilmember and continues to261
302	277		reside in such ward during that person's period of service. In the event that a councilmember262
303	278		no longer resides in the ward he or she was elected to represent, such councilmember shall263
304	279		immediately resign from the council. The terms of councilmembers shall be staggered as in264
305	280		effect on the date of this charter. For purposes of this provision, a person shall be deemed265
306	281		to be a resident where he or she is domiciled.266
307		-	H. B. 1229
308		-	- 11 - 24 HB 1229/AP
309		-	SECTION 2.12.
310		-	267
	282	+	- 11 - 24 LC 47 2867S
	283	+	SECTION 2.12.267
311	284		Vacancy; filling of vacancies.268
312	285		(a) The office of mayor or councilmember shall become vacant upon the incumbent's death,269
313	286		resignation, forfeiture of office, removal from office in any manner authorized by this270
314	287		charter, or occurrence of any event specified by the Constitution of the State of Georgia,271
315	288		Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.272
316	289		(b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of273
317	290		the unexpired term, if any, by appointment by the mayor and council or those members274
318	291		remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12275
319	292		months or more prior to the expiration of the term of that office, it shall be filled for the276
320	293		remainder of the unexpired term by a special election, as provided for in Section 5.13 of this277
321	294		charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are278
322	295		or may hereafter be enacted.279
323	296		(c) This provision shall also apply to a temporary vacancy created by the suspension from280
324	297		office of the mayor or any councilmember.281
325	298		SECTION 2.13.282
326	299		Compensation and expenses.283
327	300		The mayor and councilmembers shall receive compensation and expenses for their services284
328	301		as provided by ordinance. The compensation in effect as of the date of enactment of this285
329	302		charter shall continue until modified as provided herein.286
330		-	H. B. 1229
331		-	- 12 - 24 HB 1229/AP
332		-	SECTION 2.14.
333		-	287
	303	+	- 12 - 24 LC 47 2867S
	304	+	SECTION 2.14.287
334	305		Conflicts of interest; holding other offices.288
335	306		(a) Elected and appointed officers of the city are trustees and servants of the residents of the289
336	307		city and shall act in a fiduciary capacity for the benefit of such residents.290
337	308		(b) No elected official, appointed officer, or employee of the city, any agency, or political291
338	309		entity to which this charter applies shall knowingly:292
339	310		(1) Engage in any business or transaction, or have a financial or other personal interest,293
340	311		direct or indirect, which is incompatible with the proper discharge of that person's official294
341	312		duties or which would tend to impair the independence of the official's judgment or action295
342	313		in the performance of those official duties;296
343	314		(2) Engage in or accept private employment, or render services for private interests when297
344	315		such employment or service is incompatible with the proper discharge of that person's298
345	316		official duties or would tend to impair the independence of the official's judgment or action299
346	317		in the performance of those official duties;300
347	318		(3) Disclose confidential information, including information obtained at meetings which301
348	319		are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,302
349	320		government, or affairs of the governmental body by which the official is engaged without303
350	321		proper legal authorization; or use such information to advance the financial or other private304
351	322		interest of the official or others;305
352	323		(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from306
353	324		any person, firm, or corporation which to the official's knowledge is interested, directly or307
354	325		indirectly, in any manner whatsoever, in business dealings with the governmental body by308
355	326		which the official is engaged; provided, however, that an elected official who is a candidate309
356	327		for public office may accept campaign contributions and services in connection with any310
357	328		such campaign;311
358		-	H. B. 1229
359		-	- 13 - 24 HB 1229/AP
360		-	(5) Represent other private interests in any action or proceeding against this city or any
361		-	312
	329	+	- 13 - 24 LC 47 2867S
	330	+	(5) Represent other private interests in any action or proceeding against this city or any312
362	331		portion of its government; or313
363	332		(6) Vote or otherwise participate in the negotiation or in the making of any contract with314
364	333		any business or entity in which the official has a financial interest.315
365	334		(c) Any elected official, appointed officer, or employee who shall have any financial316
366	335		interest, directly or indirectly, in any contract or matter pending before or within any317
367	336		department of the city shall disclose such interest to the city council. The mayor or any318
368	337		councilmember who has a financial interest in any matter pending before the city council319
369	338		shall disclose such interest and such disclosure shall be entered on the records of the city320
370	339		council, and that official shall disqualify himself or herself from participating in any decision321
371	340		or vote relating thereto. Any elected official, appointed officer, or employee of any agency322
372	341		or political entity to which this charter applies who shall have any financial interest, directly323
373	342		or indirectly, in any contract or matter pending before or within such entity shall disclose324
374	343		such interest to the governing body of such agency or entity.325
375	344		(d) No elected official, appointed officer, or employee of the city, or any agency or entity326
376	345		to which this charter applies shall use property owned by such governmental entity for327
377	346		personal benefit or profit but shall use such property only in their capacity as an officer or328
378	347		employee of the city.329
379	348		(e) Any violation of this section which occurs with the knowledge, express or implied, of330
380	349		a party to a contract or sale shall render said contract or sale voidable at the option of the city331
381	350		council.332
382	351		(f) Except where authorized by law, neither the mayor nor any councilmember shall hold333
383	352		any other elective or appointive office in the city or otherwise be employed by said334
384	353		government or any agency thereof during the term for which that official was elected.335
385	354		(g) No appointive officer of the city shall continue in such employment upon qualifying as336
386	355		a candidate for nomination or election to any public office. No employee of the city shall337
387	356		continue in such employment upon qualifying for or election to any public office in this city338
388		-	H. B. 1229
389		-	- 14 - 24 HB 1229/AP
390		-	or any other public office which is inconsistent, incompatible, or in conflict with the duties
391		-	339
	357	+	- 14 - 24 LC 47 2867S
	358	+	or any other public office which is inconsistent, incompatible, or in conflict with the duties339
392	359		of the city employee. Such determination shall be made by the mayor and council either340
393	360		immediately upon election or at any time such conflict may arise.341
394	361		(h)(1) Any city officer or employee who knowingly conceals such financial interest or342
395	362		knowingly violates any of the requirements of this section shall be guilty of malfeasance343
396	363		in office or position and shall be deemed to have forfeited that person's office or position.344
397	364		(2) Any officer or employee of the city who shall forfeit an office or position as described345
398	365		in paragraph (1) of this subsection, shall be ineligible for appointment or election to or346
399	366		employment in a position in the city government for a period of three years thereafter.347
400	367		SECTION 2.15.348
401	368		Inquiries and investigations.349
402	369		Following the adoption of an authorizing resolution, the mayor and council may make350
403	370		inquiries and investigations into the affairs of the city and the conduct of any department,351
404	371		office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths,352
405	372		take testimony, and require the production of evidence. Any person who fails or refuses to353
406	373		obey a lawful order issued in the exercise of these powers by the mayor and council shall be354
407	374		punished as provided by ordinance.355
408	375		SECTION 2.16.356
409	376		General power and authority of the mayor and council.357
410	377		(a) Except as otherwise provided by law or this charter, the mayor and council shall be358
411	378		vested with all the powers of government of this city.359
412	379		(b) In addition to all other powers conferred upon it by law, the mayor and council shall360
413	380		have the authority to adopt and provide for the execution of such ordinances, resolutions,361
414		-	H. B. 1229
415		-	- 15 - 24 HB 1229/AP
416		-	rules, and regulations, not inconsistent with this charter and the Constitution and the laws of
417		-	362
	381	+	- 15 - 24 LC 47 2867S
	382	+	rules, and regulations, not inconsistent with this charter and the Constitution and the laws of362
418	383		the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good363
419	384		order, protection of life and property, health, welfare, sanitation, comfort, convenience,364
420	385		prosperity, or well-being of the inhabitants of the City of Dalton and may enforce such365
421	386		ordinances by imposing penalties for violation thereof.366
422	387		(c) In addition to all other powers conferred upon it by law, the mayor and council shall have367
423	388		the power and authority to appoint, remove, demote, and discharge the head of any368
424	389		department of the city at any time in the mayor and council's discretion, except as otherwise369
425	390		provided by this charter, ordinance, or by law.370
426	391		SECTION 2.17.371
427	392		Eminent domain.372
428	393		The mayor and council is hereby empowered to acquire, construct, operate, and maintain373
429	394		public ways, parks, public grounds, cemeteries, markets, market houses, public buildings,374
430	395		libraries, sewers, drains, sewage treatment, stormwater, infrastructure, waterworks, electrical375
431	396		systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport,376
432	397		curative, corrective, detentional, penal, and medical institutions, agencies and facilities, and377
433	398		any other public improvements inside or outside the city and to regulate the use thereof, and378
434	399		for such purposes, property may be condemned under procedures established under general379
435	400		law applicable now or as provided in the future.380
436	401		SECTION 2.18.381
437	402		Organizational meetings.382
438	403		The mayor and council shall hold an organizational meeting on the first regularly scheduled383
439	404		meeting in January following the November election in which a councilmember seat or the384
440		-	H. B. 1229
441		-	- 16 - 24 HB 1229/AP
442		-	mayoral position is on the ballot. The meeting shall be called to order by the mayor or the
443		-	385
	405	+	- 16 - 24 LC 47 2867S
	406	+	mayoral position is on the ballot. The meeting shall be called to order by the mayor or the385
444	407		city clerk and the oath of office shall be administered to the newly elected members by the386
445	408		city attorney or a judicial officer authorized to administer oaths and shall, to the extent that387
446	409		it comports with federal and state law, be as follows:388
447	410		"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (title of office)389
448	411		of this city and that I will support and defend the charter thereof as well as the constitution390
449	412		and laws of the State of Georgia and of the United States of America. I am not the holder391
450	413		of any unaccounted for public money due this state or any political subdivision or authority392
451	414		thereof. I am not the holder of any office of trust under the government of the United393
452	415		States, any other state, or any foreign state which I by the laws of the State of Georgia am394
453	416		prohibited from holding. I am otherwise qualified to hold said office according to the395
454	417		Constitution and laws of Georgia. I have been a resident of my district and the City of396
455	418		Dalton for the time required by the Constitution and laws of this state and by the municipal397
456	419		charter. I will perform the duties of my office in the best interest of the City of Dalton to398
457	420		the best of my ability without fear, favor, affection, reward, or expectation thereof."399
458	421		SECTION 2.19.400
459	422		Regular and special meetings.401
460	423		(a) The mayor and council shall hold regular meetings at such times and places as shall be402
461	424		prescribed by ordinance. All meetings shall be held in accordance with Code403
462	425		Section 50-14-1 of the O.C.G.A.404
463	426		(b) Special meetings of the mayor and council may be held on call of the mayor or two405
464	427		councilmembers. Notice of such special meetings shall be served on all other members406
465	428		personally, by telephone personally, or by electronic transmission, at least 24 hours in407
466	429		advance of the meeting. Such notice shall not be required if the mayor and all408
467	430		councilmembers are present when the special meeting is called. Such notice of any special409
468		-	H. B. 1229
469		-	- 17 - 24 HB 1229/AP
470		-	meeting may be waived by a councilmember and the mayor in writing before or after such
471		-	410
	431	+	- 17 - 24 LC 47 2867S
	432	+	meeting may be waived by a councilmember and the mayor in writing before or after such410
472	433		a meeting, and attendance at the meeting shall also constitute a waiver of notice on any411
473	434		business transacted in such councilmember's or mayor's presence. Only the business stated412
474	435		in the call may be transacted at the special meeting.413
475	436		(c) All meetings of the mayor and council shall be public to the extent required by law, and414
476	437		notice to the public of special meetings shall be made as fully as is reasonably possible as415
477	438		provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or416
478	439		may hereafter be enacted.417
479	440		SECTION 2.20.418
480	441		Rules of procedure.419
481	442		(a) The mayor and council shall adopt its rules of procedure and order of business consistent420
482	443		with the provisions of this charter and shall provide for keeping minutes of its proceedings,421
483	444		which shall be a public record.422
484	445		(b) Except as otherwise provided by resolution or ordinance, all committees composed423
485	446		entirely of members of the mayor and council shall be appointed by the mayor and shall424
486	447		serve at the pleasure of the mayor.425
487	448		SECTION 2.21.426
488	449		Quorum: voting.427
489	450		(a) Except as otherwise provided in this charter, three councilmembers shall constitute a428
490	451		quorum and shall be authorized to transact the business of the mayor and council. In the429
491	452		event only two councilmembers are eligible to vote on a matter due to the absence,430
492	453		abstention, or recusal of two councilmembers, then the mayor and two councilmembers shall431
493	454		constitute a quorum and shall be authorized to transact the business of the mayor and council.432
494		-	H. B. 1229
495		-	- 18 - 24 HB 1229/AP
496		-	The mayor pro tempore acting in the absence of the mayor shall be counted as a
497		-	433
	455	+	- 18 - 24 LC 47 2867S
	456	+	The mayor pro tempore acting in the absence of the mayor shall be counted as a433
498	457		councilmember for the purposes of determining a quorum and voting. Except as otherwise434
499	458		provided in this charter, the affirmative vote of three councilmembers shall be required for435
500	459		the adoption of any ordinance, resolution, or motion. In the event the quorum is comprised436
501	460		of the mayor and two councilmembers, then the affirmative vote of the mayor and two437
502	461		councilmembers shall be required for the adoption of any ordinance, resolution, or motion. 438
503	462		In the case of a tie vote among the four councilmembers, the vote of two councilmembers439
504	463		and the mayor shall be required for the adoption of any ordinance, resolution, or motion. 440
505	464		Voting on the adoption of ordinances, resolutions, or motions shall be by voice vote and the441
506	465		vote shall be recorded in the minutes of the proceedings, but any member of the mayor and442
507	466		council shall have the right to request a roll-call vote and such vote shall be recorded in the443
508	467		minutes of the proceedings. An abstention or recusal shall not be counted as a vote for or444
509	468		against and will not defeat a quorum.445
510	469		(b) No member of the city council shall abstain from voting on any matter properly brought446
511	470		before the council for official action except when such councilmember has a conflict of447
512	471		interest which is disclosed in writing prior to or orally at the meeting and made a part of the448
513	472		minutes. Any member of the city council present and eligible to vote on a matter and449
514	473		refusing to do so for any reason other than a properly disclosed and recorded conflict of450
515	474		interest shall be deemed to have acquiesced or concurred with the members of the majority451
516	475		who did vote on the question involved.452
517	476		SECTION 2.22.453
518	477		Ordinance form; procedures.454
519	478		(a) Every proposed ordinance shall be introduced in writing and in the form required for455
520	479		final adoption. No ordinance shall contain a subject which is not expressed in its title. The456
521	480		enacting clause shall be "BE IT ORDAINED by the Mayor and Council of the City of Dalton457
522		-	H. B. 1229
523		-	- 19 - 24 HB 1229/AP
524		-	and by authority of the same, IT IS HEREBY ORDAINED" and every ordinance shall so
525		-	458
	481	+	- 19 - 24 LC 47 2867S
	482	+	and by authority of the same, IT IS HEREBY ORDAINED" and every ordinance shall so458
526	483		begin.459
527	484		(b) An ordinance may be introduced by any councilmember or the mayor and be read at a460
528	485		regular or special meeting of the mayor and council. Ordinances shall be considered and461
529	486		adopted or rejected by the mayor and council in accordance with the rules which it shall462
530	487		establish; provided, however, that an ordinance shall not be adopted the same day it is463
531	488		introduced, except for emergency ordinances provided for in Section 2.24 of this charter.464
532	489		Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to465
533	490		the mayor and to each councilmember and shall file a reasonable number of copies in the466
534	491		office of the clerk and at such other public places as the city council may designate.467
535	492		SECTION 2.23.468
536	493		Action requiring an ordinance.469
537	494		Acts of the mayor and council which have the force and effect of law shall be enacted by470
538	495		ordinance.471
539	496		SECTION 2.24.472
540	497		Emergencies.473
541	498		(a) To meet a public emergency affecting life, health, property, or public peace, the mayor474
542	499		and council may convene on the call of the mayor or two councilmembers and promptly475
543	500		adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or476
544	501		extend a franchise; or authorize the borrowing of money except for loans to be repaid477
545	502		within 30 days. An emergency ordinance shall be introduced in the form prescribed for478
546	503		ordinances generally, except that it shall be plainly designated as an emergency ordinance479
547	504		and shall contain, after the enacting clause, a declaration stating that an emergency exists,480
548		-	H. B. 1229
549		-	- 20 - 24 HB 1229/AP
550		-	and describing the emergency in clear and specific terms. An emergency ordinance may be
551		-	481
	505	+	- 20 - 24 LC 47 2867S
	506	+	and describing the emergency in clear and specific terms. An emergency ordinance may be481
552	507		adopted, with or without amendment, or rejected at the meeting at which it is introduced. It482
553	508		shall become effective upon adoption or at such later time as it may specify. Every483
554	509		emergency ordinance shall automatically stand repealed 30 days following the date upon484
555	510		which it was adopted, but this shall not prevent reenactment of the ordinance in the manner485
556	511		specified in this section if the emergency still exists. An emergency ordinance may also be486
557	512		repealed by adoption of a repealing ordinance in the same manner specified in this section487
558	513		for adoption of emergency ordinances.488
559	514		(b) Such meetings shall be open to the public to the extent required by law, and notice to the489
560	515		public of emergency meetings shall be made as fully as is reasonably possible in accordance490
561	516		with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may491
562	517		hereafter be enacted.492
563	518		SECTION 2.25.493
564	519		Codes of technical regulations.494
565	520		(a) The mayor and council may adopt any standard code of technical regulations by495
566	521		reference thereto in an adopting ordinance. The procedure and requirements governing such496
567	522		adopting ordinance shall be as prescribed for ordinances generally except that:497
568	523		(1) The requirements of Section 2.22(b) of this charter for distribution and filing of copies498
569	524		of the ordinance shall be construed to include copies of any code of technical regulations,499
570	525		as well as the adopting ordinance; and500
571	526		(2) A copy of each adopted code of technical regulations, as well as the adopting501
572	527		ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this502
573	528		charter.503
574	529		(b) Copies of any adopted code of technical regulations shall be made available by the city504
575	530		clerk or building inspector for inspection by the public.505
576		-	H. B. 1229
577		-	- 21 - 24 HB 1229/AP
578		-	SECTION 2.26.
579		-	506
	531	+	- 21 - 24 LC 47 2867S
	532	+	SECTION 2.26.506
580	533		Signing; authenticating; recording; codification; printing.507
581	534		(a) The city clerk shall authenticate all ordinances adopted by the mayor and council by his508
582	535		or her signature and record in full in a properly indexed book kept for that purpose.509
583	536		(b) The mayor and council shall provide for the preparation of a general codification of all510
584	537		the ordinances of the city having the force and effect of law. The general codification shall511
585	538		be adopted by the mayor and council by ordinance and shall be published, together with all512
586	539		amendments thereto and such codes of technical regulations and other rules and regulations513
587	540		as the mayor and council may specify. This codification shall be known and may be cited514
588	541		officially as "The Code of the City of Dalton, Georgia." Copies of the code shall be515
589	542		furnished to all officers, departments, and agencies of the city and made available for516
590	543		purchase by the public at a reasonable price as fixed by the mayor and council.517
591	544		(c) The mayor and council shall cause each ordinance and each amendment to this charter518
592	545		to be printed promptly following its adoption, and the printed ordinances and charter519
593	546		amendments shall be made available for purchase by the public at reasonable prices to be520
594	547		fixed by the mayor and council. Following publication of the first code under this charter521
595	548		and at all times thereafter, the ordinances and charter amendments shall be printed in522
596	549		substantially the same style as the code currently in effect and shall be suitable in form for523
597	550		incorporation therein. The mayor and council shall make such further arrangements as524
598	551		deemed desirable with reproduction and distribution of any current changes in or additions525
599	552		to codes of technical regulations and other rules and regulations included in the code.526
600		-	H. B. 1229
601		-	- 22 - 24 HB 1229/AP
602		-	SECTION 2.27.
603		-	527
	553	+	- 22 - 24 LC 47 2867S
	554	+	SECTION 2.27.527
604	555		City administrator; appointment; qualifications; compensation.528
605	556		The mayor and council shall appoint a city administrator for an indefinite term and shall fix529
606	557		the city administrator's compensation. The city administrator shall be appointed solely on530
607	558		the basis of executive and administrative qualifications.531
608	559		SECTION 2.28.532
609	560		Removal of city administrator.533
610	561		The city administrator is employed at will and may be summarily removed from office at any534
611	562		time by the mayor and council at a meeting held in accordance with this charter. In this535
612	563		matter the mayor shall be entitled to cast a vote without regard to a tie vote among the536
613	564		councilmembers.537
614	565		SECTION 2.29.538
615	566		Powers and duties of the city administrator.539
616	567		The city administrator shall be the chief executive and administrative officer of the city. The540
617	568		city administrator shall be responsible to the city council for the administration of all city541
618	569		affairs placed in the city administrator's charge by or under this charter. As the chief542
619	570		executive and administrative officer, the city administrator shall:543
620	571		(1) Supervise the administration of all departments, offices, and agencies of the city,544
621	572		except as otherwise provided by this charter or by law;545
622	573		(2) To act as budget officer for the City of Dalton pursuant to the powers set forth in Code546
623	574		Section 36-81-1of the O.C.G.A., et seq. To further set the budgetary calendar to meet the547
624	575		requirements of law and prescribe the form for presentation of any budgetary request to the548
625		-	H. B. 1229
626		-	- 23 - 24 HB 1229/AP
627		-	City of Dalton. Budget requests shall be initially filed with the city administrator. The city
628		-	549
	576	+	- 23 - 24 LC 47 2867S
	577	+	City of Dalton. Budget requests shall be initially filed with the city administrator. The city549
629	578		administrator shall annually, or more often as may be required by the mayor and council,550
630	579		prepare and propose a balanced budget for the City of Dalton;551
631	580		(3) Care and be responsible for all buildings and all real and personal property of the city;552
632	581		(4) In the event there is not an acting department head, appoint, suspend, or remove all city553
633	582		employees in such department, except as otherwise provided by law or this charter;554
634	583		(5) Advise the mayor and council on the hiring or termination of department heads over555
635	584		whom the city administrator has management and supervision responsibility;556
636	585		(6) Attend meetings of the mayor and council and its committees and assist all of the557
637	586		standing or special committees of the city and make available to them such information as558
638	587		may be needed;559
639	588		(7) Advise and assist the mayor and councilmembers in the performance of their duties;560
640	589		(8) Review and advise the mayor and council regarding the activities of the various561
641	590		departments, bureaus, boards, commissions, authorities, of the city under the direct562
642	591		authority of the mayor and council;563
643	592		(9) Serve ex officio as a nonvoting member of all boards, commissions, authorities, or564
644	593		agencies of the city under the direct authority of the mayor and council, except for those565
645	594		boards, commissions, authorities, or agencies created under local act or for which authority566
646	595		is provided by general statute of the General Assembly of Georgia; and567
647	596		(10) Perform all other duties as may be lawfully delegated to him or her by the mayor and568
648	597		council.569
649	598		SECTION 2.30.570
650	599		Mayor and council interference with administration.571
651	600		Except as otherwise provided in this charter and except for the purpose of inquiries and572
652	601		investigations under Section 2.15 of this charter, the mayor and council or its members shall573
653		-	H. B. 1229
654		-	- 24 - 24 HB 1229/AP
655		-	provide orders or direction to city officers and employees who are subject to the direction
656		-	574
	602	+	- 24 - 24 LC 47 2867S
	603	+	provide orders or direction to city officers and employees who are subject to the direction574
657	604		and supervision of the city administrator through the city administrator, and neither the575
658	605		mayor and council nor its members shall give orders to any such officer or employee, either576
659	606		publicly or privately.577
660	607		SECTION 2.31.578
661	608		Powers and duties of mayor.579
662	609		The mayor shall:580
663	610		(1) Preside at all meetings of the city council;581
664	611		(2) Present first draft of agenda at all meetings of the city council;582
665	612		(3) Be the head of the city for the purpose of service of process and for ceremonial583
666	613		purposes, and be the official spokesperson for the city and the chief advocate of policy;584
667	614		(4) Be the deciding vote on matters before the city council in the event of a tied vote of the585
668	615		councilmembers;586
669	616		(5) Have power to administer oaths and to take affidavits; and587
670	617		(6) Sign as a matter of course on behalf of the city all written and approved contracts,588
671	618		ordinances and other instruments executed by the city which by law are required to be in589
672	619		writing.590
673	620		SECTION 2.32.591
674	621		Selection of mayor pro tempore.592
675	622		By a majority vote of the mayor and council, a councilmember shall be elected to serve as593
676	623		mayor pro tempore who shall serve at the pleasure of the mayor and council for same term594
677	624		as the mayor. The mayor pro tempore shall continue to vote and otherwise participate as a595
678	625		councilmember.596
679		-	H. B. 1229
680		-	- 25 - 24 HB 1229/AP
681		-	SECTION 2.33.
682		-	597
	626	+	- 25 - 24 LC 47 2867S
	627	+	SECTION 2.33.597
683	628		Mayor pro tempore.598
684	629		During the absence or physical or mental disability of the mayor for any cause, the mayor599
685	630		pro tempore, or in the mayor pro tempore's absence or disability for any reason, any one of600
686	631		the councilmembers chosen by a majority vote of councilmembers, shall be clothed with all601
687	632		the rights and privileges of the mayor and shall perform the duties of the office of the mayor602
688	633		so long as such absence or disability shall continue. Any such absence or disability shall be603
689	634		declared by majority vote of all councilmembers. The mayor pro tempore or selected604
690	635		councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying605
691	636		financial interest as provided in Section 2.14 of this charter.606
692	637		ARTICLE III607
693	638		ADMINISTRATIVE AFFAIRS608
694	639		SECTION 3.10.609
695	640		Chief financial officer.610
696	641		(a) The office of chief financial officer is created and established for the city with the611
697	642		powers, duties, method of appointment, qualifications, term of office, and compensation as612
698	643		hereinafter provided.613
699	644		(b) The mayor and council by a majority vote shall appoint a chief financial officer for an614
700	645		indefinite term by motion recorded in the minutes of the proceedings of the mayor and615
701	646		council. In this matter the mayor may cast a vote without regard to a tie vote among the616
702	647		councilmembers.617
703	648		(c) The compensation of the chief financial officer shall be fixed by the city administrator.618
704		-	H. B. 1229
705		-	- 26 - 24 HB 1229/AP
706		-	(d) The chief financial officer shall be the director of the department of finance and shall
707		-	619
	649	+	- 26 - 24 LC 47 2867S
	650	+	(d) The chief financial officer shall be the director of the department of finance and shall619
708	651		report to the city administrator.620
709	652		(e) The chief financial officer shall perform such financial duties as may be assigned by the621
710	653		city administrator or as may be required by law.622
711	654		(f) The chief financial officer may be suspended and or removed by a majority vote of the623
712	655		mayor and council. In this matter the mayor may cast a vote without regard to a tie vote624
713	656		among the councilmembers.625
714	657		SECTION 3.11.626
715	658		City clerk.627
716	659		(a) The mayor and council shall appoint a city clerk for an indefinite term by motion628
717	660		recorded in the minutes of the proceedings of the mayor and council who shall not be an629
718	661		elected officer or the head of any other department of the city. The city clerk shall report to630
719	662		the city administrator. The city clerk may be suspended and or removed by a majority vote631
720	663		of the mayor and council. In this matter the mayor may cast a vote without regard to a tie632
721	664		vote among the councilmembers.633
722	665		(b) The city clerk shall be the custodian of the official city seal and city records; attend all634
723	666		meetings of the mayor and council and keep accurate minutes of all its proceedings; maintain635
724	667		all oaths taken by officers and employees of the city; supervise and keep a record of all636
725	668		elections; maintain a record of all appointments to office; be the custodian of all city637
726	669		contracts, deeds to city real estate, and leases of city property; authenticate and certify city638
727	670		documents; and undertake such additional tasks as may be assigned by the city administrator639
728	671		from time to time.640
729	672		(c) The compensation of the city clerk shall be fixed by the city administrator.641
730		-	H. B. 1229
731		-	- 27 - 24 HB 1229/AP
732		-	SECTION 3.12.
733		-	642
	673	+	- 27 - 24 LC 47 2867S
	674	+	SECTION 3.12.642
734	675		City auditor.643
735	676		(a) The mayor and council shall appoint a city auditor for an indefinite term who shall be a644
736	677		certified public accountant or a certified public accountant firm. The city auditor shall be645
737	678		responsible for providing an annual independent audit of all city accounts, funds, and646
738	679		financial transactions in accordance with generally accepted auditing principles.647
739	680		(b) The city auditor is not a public official of the city and does not take an oath of office. 648
740	681		The city auditor shall at all times be an independent contractor.649
741	682		(c) The city auditor shall be removed at any time upon majority vote of the mayor and650
742	683		council. In this matter the mayor may cast a vote without regard to a tie vote among the651
743	684		councilmembers.652
744	685		SECTION 3.13.653
745	686		City attorney.654
746	687		The mayor and council shall appoint a city attorney who has been recommended by the city655
747	688		administrator for an indefinite term who shall be a member in good standing of the State Bar656
748	689		of Georgia, and shall have practiced law for at least five years at the time of his or her657
749	690		appointment, together with such assistant city attorneys as may be authorized, and shall658
750	691		provide for the payment of such attorney or attorneys for services rendered to the city. The659
751	692		city attorney may be removed by the majority vote of the mayor and council. In this matter660
752	693		the mayor may cast a vote without regard to a tie vote among the councilmembers. The city661
753	694		attorney shall be responsible for providing for the representation and defense of the city in662
754	695		all litigation in which the city is a party; may be the prosecuting attorney in the municipal663
755	696		court; shall attend the meetings of the mayor and council and its commissions and664
756	697		authorities; shall advise the mayor, councilmembers, and other officers and employees of the665
757		-	H. B. 1229
758		-	- 28 - 24 HB 1229/AP
759		-	city concerning legal aspects of the city's affairs; and shall perform such other duties as may
760		-	666
	698	+	- 28 - 24 LC 47 2867S
	699	+	city concerning legal aspects of the city's affairs; and shall perform such other duties as may666
761	700		be required by virtue of the position as city attorney. The city attorney shall review all667
762	701		contracts of the city but shall not have the power to bind the city.668
763	702		SECTION 3.14.669
764	703		Administrative and service departments.670
765	704		(a) Except as otherwise provided in this charter, the mayor and council, by ordinance or671
766	705		resolution, shall prescribe the functions or duties of, and establish, abolish, alter, consolidate,672
767	706		or leave vacant, all nonelective offices, positions of employment, departments, and agencies673
768	707		of the city as necessary for the proper administration of the affairs and government of the674
769	708		city.675
770	709		(b) Except as otherwise provided by this charter or by law, the directors of departments and676
771	710		other appointed officers of the city shall be appointed solely on the basis of their respective677
772	711		administrative and professional qualifications.678
773	712		(c) All appointive officers and directors of departments shall receive such compensation as679
774	713		prescribed by the city administrator.680
775	714		(d) There shall be a director of each department or agency who shall be its principal officer.681
776	715		Each director shall, subject to the direction and supervision of the city administrator, be682
777	716		responsible for the administration and direction of the affairs and operations of that director´s683
778	717		department or agency.684
779	718		(e) The director of each department or agency may be removed by the majority vote of the685
780	719		mayor and council. In this matter the mayor may cast a vote without regard to a tie vote686
781	720		among the councilmembers.687
782		-	H. B. 1229
783		-	- 29 - 24 HB 1229/AP
784		-	SECTION 3.15.
785		-	688
	721	+	- 29 - 24 LC 47 2867S
	722	+	SECTION 3.15.688
786	723		Boards, commissions, and authorities.689
787	724		General Authority.690
788	725		(1) The mayor and council shall create by ordinance such boards, commissions, and691
789	726		authorities to fulfill any investigative, advisory, quasi-judicial, or quasi-legislative function692
790	727		as the mayor and council deems necessary and shall by ordinance establish the693
791	728		composition, period of existence, duties, and powers thereof;694
792	729		(2) All members of boards, commissions, and authorities of the city shall be appointed by695
793	730		the mayor and council for such terms of office and in such manner as shall be provided by696
794	731		ordinance, except where other appointing authority, terms of office, or manner of697
795	732		appointment is prescribed by this charter or by law. Except as otherwise prescribed by this698
796	733		charter or by law, members of boards, commissions, and authorities of the city shall serve699
797	734		at will and may be removed by the majority vote of the mayor and council. In this matter700
798	735		the mayor may cast a vote without regard to a tie vote among the councilmembers;701
799	736		(3) The mayor and council, by ordinance, may provide for the compensation and702
800	737		reimbursement for actual and necessary expenses of the members of any board,703
801	738		commission, or authority;704
802	739		(4) Except as otherwise provided by charter or by law, no member of any board,705
803	740		commission, or authority shall hold any elective office in the city;706
804	741		(5) Any vacancy on a board, commission, or authority of the city shall be filled for the707
805	742		unexpired term in the manner prescribed in this section for original appointment, except708
806	743		as otherwise provided by this charter or by law;709
807	744		(6) No member of a board, commission, or authority shall assume office until that person710
808	745		has taken an oath obligating himself or herself to faithfully and impartially perform the711
809	746		duties of that member's office, such oath to be prescribed by ordinance or resolution;712
810		-	H. B. 1229
811		-	- 30 - 24 HB 1229/AP
812		-	(7) Except as otherwise provided by this charter or by law, each board, commission, or
813		-	713
	747	+	- 30 - 24 LC 47 2867S
	748	+	(7) Except as otherwise provided by this charter or by law, each board, commission, or713
814	749		authority of the city shall elect one of its members as chair and one member as vice chair,714
815	750		and may elect as its secretary one of its own members or may appoint as secretary an715
816	751		employee of the city. Each board, commission, or authority of the city government may716
817	752		establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances717
818	753		of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or718
819	754		the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with719
820	755		the city clerk; and720
821	756		(8) All meetings of boards, commissions, and authorities shall be public to the extent721
822	757		required by law, and notice to the public of special meetings shall be made as fully as is722
823	758		reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such723
824	759		applicable laws as are or may hereafter be enacted.724
825	760		SECTION 3.16.725
826	761		Personnel policies.726
827	762		(a) All employees of the city shall serve at will and may be terminated at any time unless727
828	763		otherwise provided by this charter, ordinance, or by law.728
829	764		(b) Subject to subsection (a) of this section, the rights, status, salaries, wages, rank, and729
830	765		conditions of employment of all employees of the city shall be and remain as they existed at730
831	766		the time this charter becomes effective, and shall so remain until and unless changed or731
832	767		terminated under some provision of this charter, by ordinance or resolution of the mayor and732
833	768		council, or by the exercise of such authority delegated by mayor and council.733
834	769		(c) No appointed officer and no employee of the city shall continue in such employment734
835	770		upon qualifying as a candidate for nomination or election to any public office.735
836		-	H. B. 1229
837		-	- 31 - 24 HB 1229/AP
838		-	ARTICLE IV
839		-	736
	771	+	- 31 - 24 LC 47 2867S
	772	+	ARTICLE IV736
840	773		JUDICIAL BRANCH737
841	774		SECTION 4.10.738
842	775		Creation; name.739
843	776		There shall be a court to be known as the Municipal Court of the City of Dalton, Georgia.740
844	777		SECTION 4.11.741
845	778		Chief judge; associate judge; prosecuting attorney.742
846	779		(a) The municipal court shall be presided over by a chief judge and such part-time, full-time,743
847	780		or stand-by judges as shall be provided by ordinance.744
848	781		(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless745
849	782		that person shall have attained the age of 21 years, shall be a member in good standing of the746
850	783		State Bar of Georgia, and shall possess all qualifications required by law. All judges shall747
851	784		be appointed by the mayor and council.748
852	785		(c) Compensation of the judges shall be fixed by the mayor and council.749
853	786		(d) Judges shall serve terms and be removed as provided by general law.750
854	787		(e) Before assuming office, each judge shall take the oath provided in Section 2.18 of this751
855	788		charter. The oath shall be entered upon the minutes of the proceedings of the mayor and752
856	789		council.753
857	790		(f) The mayor and council may employ a qualified attorney to prosecute violations of city754
858	791		ordinances and other offenses over which the municipal court has jurisdiction upon such755
859	792		terms as the mayor and council may determine.756
860	793		(g) The municipal court shall have a court administrator appointed by the mayor and council.757
861		-	H. B. 1229
862		-	- 32 - 24 HB 1229/AP
863		-	SECTION 4.12.
864		-	758
	794	+	- 32 - 24 LC 47 2867S
	795	+	SECTION 4.12.758
865	796		Convening.759
866	797		The municipal court shall be convened at regular intervals as determined by the court760
867	798		administrator.761
868	799		SECTION 4.13.762
869	800		Jurisdiction; powers.763
870	801		(a) The municipal court shall try and punish violations of this charter, all city ordinances,764
871	802		and such other violations as provided by law.765
872	803		(b) The municipal court shall have authority to punish those in its presence for contempt,766
873	804		provided that such punishment shall not exceed $200.00 or ten days in jail.767
874	805		(c) The municipal court may fix punishment for offenses within its jurisdiction not768
875	806		exceeding a fine of $1,000.00 or imprisonment for 180 days, or both such fine and769
876	807		imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing, as770
877	808		now or hereafter provided by law.771
878	809		(d) The city administrator shall have authority to establish a schedule of fees to defray the772
879	810		cost of operation and shall be entitled to reimbursement of the cost of meals, transportation,773
880	811		and caretaking of prisoners bound over to superior courts for violations of state law.774
881	812		(e) The municipal court shall have authority to establish bail and recognizances to ensure775
882	813		the presence of those charged with violations before said court, and shall have discretionary776
883	814		authority to accept cash or personal or real property as surety for the appearance of persons777
884	815		charged with violations. Whenever any person shall give bail for that person's appearance778
885	816		and shall fail to appear at the time fixed for trial, the bond shall be forfeited, and the judge779
886	817		presiding at such time shall issue an execution thereon by serving the defendant and the780
887	818		defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In the781
888		-	H. B. 1229
889		-	- 33 - 24 HB 1229/AP
890		-	event that cash or property is accepted in lieu of bond for security for the appearance of a
891		-	782
	819	+	- 33 - 24 LC 47 2867S
	820	+	event that cash or property is accepted in lieu of bond for security for the appearance of a782
892	821		defendant at trial, and such defendant fails to appear at the time and place fixed for trial, the783
893	822		cash so deposited shall be on order of the judge declared forfeited to the city, or the property784
894	823		so deposited shall have a lien against it for the value forfeited which lien shall be enforceable785
895	824		in the same manner and to the same extent as a lien for city property taxes.786
896	825		(f) The municipal court shall have the same authority as superior courts to compel the787
897	826		production of evidence in the possession of any party; to enforce obedience to its orders,788
898	827		judgments, and sentences; and to administer such oaths as are necessary.789
899	828		(g) The municipal court may compel the presence of all parties necessary to a proper790
900	829		disposal of each case by the issuance of summonses, subpoenas, and warrants which may be791
901	830		served as executed by any officer as authorized by this charter or by law.792
902	831		(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of793
903	832		persons charged with offenses against any ordinance of the city, and each judge of the794
904	833		municipal court shall have the same authority as a magistrate of the state to issue warrants795
905	834		for offenses against state laws committed within the city.796
906	835		SECTION 4.14.797
907	836		Appeal.798
908	837		Any person aggrieved by a decision of the municipal court shall have the right to appeal as799
909	838		provided by law.800
910	839		SECTION 4.15.801
911	840		Rules for court.802
912	841		With the approval of the mayor and council, the court administrator shall have full power and803
913	842		authority to make reasonable rules and regulations necessary and proper to secure the804
914		-	H. B. 1229
915		-	- 34 - 24 HB 1229/AP
916		-	efficient and successful administration of the municipal court; provided, however, that the
917		-	805
	843	+	- 34 - 24 LC 47 2867S
	844	+	efficient and successful administration of the municipal court; provided, however, that the805
918	845		mayor and council may adopt in part or in total the rules and regulations applicable to806
919	846		municipal courts. The rules and regulations made or adopted shall be filed with the city807
920	847		clerk, shall be available for public inspection, and, upon request, a copy shall be furnished808
921	848		to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.809
922	849		ARTICLE V810
923	850		ELECTIONS AND REMOVAL811
924	851		SECTION 5.10.812
925	852		Applicability of general law.813
926	853		All primaries and elections shall be held and conducted in accordance with Chapter 2 of814
927	854		Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.815
928	855		SECTION 5.11.816
929	856		Nonpartisan elections.817
930	857		Political parties shall not conduct primaries for city offices and all names of candidates for818
931	858		city offices shall be listed without party designations.819
932	859		SECTION 5.12.820
933	860		Election by majority vote.821
934	861		The candidates for mayor and councilmember who receive a majority of the votes cast in the822
935	862		applicable election shall be elected to a term of office. In the event no candidate receives a823
936	863		majority of the votes cast in said election, a run-off election shall be held between the two824
937		-	H. B. 1229
938		-	- 35 - 24 HB 1229/AP
939		-	candidates receiving the highest number of votes. Such runoff shall be held at the time
940		-	825
	864	+	- 35 - 24 LC 47 2867S
	865	+	candidates receiving the highest number of votes. Such runoff shall be held at the time825
941	866		specified by state election law, unless such run-off date is postponed by court order.826
942	867		SECTION 5.13.827
943	868		Special elections.828
944	869		The mayor and council shall have the power to call for a special election as provided by this829
945	870		charter or the laws of the State of Georgia. Any special election shall be held and conducted830
946	871		in accordance with Chapter 2 of Title 21 of the O.C.G.A. the "Georgia Election Code," as831
947	872		now or hereafter amended.832
948	873		SECTION 5.14.833
949	874		Other provisions.834
950	875		Except as otherwise provided by this charter, the mayor and council shall, by ordinance,835
951	876		prescribe such rules and regulations it deems appropriate to fulfill any options and duties836
952	877		under the "Georgia Election Code."837
953	878		SECTION 5.15.838
954	879		Removal of officers.839
955	880		(a) The mayor or a councilmember may be removed from office for any one or more of the840
956	881		causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may841
957	882		hereafter be enacted.842
958	883		(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished843
959	884		by one of the following methods:844
960		-	H. B. 1229
961		-	- 36 - 24 HB 1229/AP
962		-	(1) A decision of an impartial panel following a hearing on action taken by the city
963		-	845
	885	+	- 36 - 24 LC 47 2867S
	886	+	(1) A decision of an impartial panel following a hearing on action taken by the city845
964	887		council. In the event an elected officer is sought to be removed by the action of the city846
965	888		council, such officer shall be entitled to a written notice specifying the ground or grounds847
966	889		for removal and to a public hearing which shall be held not less than ten days after the848
967	890		service of such written notice. The city council shall provide by ordinance for the manner849
968	891		in which such hearings shall be held. Any elected officer sought to be removed from office850
969	892		as herein provided shall have the right of appeal from the decision of the city council to the851
970	893		Superior Court of Whitfield County. Such appeal shall be governed by the same rules as852
971	894		govern appeals to the superior court from the probate court; or853
972	895		(2) An order of the Superior Court of Whitfield County following a hearing on a complaint854
973	896		seeking such removal brought by any resident of the City of Dalton.855
974	897		SECTION 5.16.856
975	898		Registration; conduct of elections.857
976	899		The mayor and council is authorized and empowered to designate and contract with the858
977	900		Whitfield County Registrar and Board of Elections to receive voter registration of city859
978	901		electors, qualify candidates, and to conduct city elections.860
979	902		ARTICLE VI861
980	903		FINANCE862
981	904		SECTION 6.10.863
982	905		Property tax.864
983	906		The mayor and council may assess, levy, and collect an ad valorem tax on all real and865
984	907		personal property within the corporate limits of the city that is subject to such taxation by the866
985		-	H. B. 1229
986		-	- 37 - 24 HB 1229/AP
987		-	state and county. This tax is for the purpose of raising revenues to defray the costs of
988		-	867
	908	+	- 37 - 24 LC 47 2867S
	909	+	state and county. This tax is for the purpose of raising revenues to defray the costs of867
989	910		operating the city government, of providing governmental services, for the repayment of868
990	911		principal and interest on general obligations, and for any other public purpose as determined869
991	912		by the mayor and council in its discretion.870
992	913		SECTION 6.11.871
993	914		Millage rate; due dates; payment methods.872
994	915		The mayor and council, by ordinance, shall establish a millage rate for the city property tax,873
995	916		a due date, and the time period within which these taxes must be paid. The mayor and874
996	917		council, by ordinance, may provide for the payment of these taxes by installments or in one875
997	918		lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.876
998	919		The mayor and council may contract with the Whitfield County Tax Commissioner to collect877
999	920		taxes.878
1000	921		SECTION 6.12.879
1001	922		Occupation and business taxes.880
1002	923		The mayor and council by ordinance shall have the power to levy such occupation or881
1003	924		business taxes as are not denied by law. The mayor and council may classify businesses,882
1004	925		occupations, or professions for the purpose of such taxation in any way which may be lawful883
1005	926		and may compel the payment of such taxes as provided in Section 6.18 of this charter.884
1006		-	H. B. 1229
1007		-	- 38 - 24 HB 1229/AP
1008		-	SECTION 6.13.
1009		-	885
	927	+	- 38 - 24 LC 47 2867S
	928	+	SECTION 6.13.885
1010	929		Administration fees; regulatory fees; permits.886
1011	930		The mayor and council by ordinance shall have the power to require businesses or887
1012	931		practitioners doing business within the city to obtain a permit for such activity from the city888
1013	932		and pay a reasonable administration fee or regulatory fee for such permit as provided by889
1014	933		general law. Such fees shall reflect the total cost to the city of regulating the activity, and,890
1015	934		if unpaid, shall be collected as provided in Section 6.18 of this charter.891
1016	935		SECTION 6.14.892
1017	936		Franchises.893
1018	937		(a) The mayor and council shall have the power to grant franchises for the use of the city's894
1019	938		streets and alleys for the purposes of railroads, street railways, telephone companies, electric895
1020	939		companies, electric membership corporations, cable television and other telecommunications896
1021	940		companies, gas companies, transportation companies, and other similar organizations. The897
1022	941		mayor and council shall determine the duration, terms, whether the same shall be exclusive898
1023	942		or nonexclusive, and the consideration for such franchises; provided, however, no franchise899
1024	943		shall be granted for a period in excess of 35 years and no franchise shall be granted unless900
1025	944		the city receives just and adequate compensation therefor. The mayor and council shall901
1026	945		provide for the registration of all franchises with the city clerk in a registration book kept by902
1027	946		the city clerk. The mayor and council may provide by ordinance for the registration within903
1028	947		a reasonable time of all franchises previously granted.904
1029	948		(b) If no franchise agreement is in effect, the mayor and council has the authority to impose905
1030	949		a tax on gross receipts for the use of the city's streets and alleys for the purposes of railroads,906
1031	950		street railways, telephone companies, electric companies, electric membership corporations,907
1032		-	H. B. 1229
1033		-	- 39 - 24 HB 1229/AP
1034		-	cable television and other telecommunications companies, gas companies, transportation
1035		-	908
	951	+	- 39 - 24 LC 47 2867S
	952	+	cable television and other telecommunications companies, gas companies, transportation908
1036	953		companies, and other similar organizations.909
1037	954		SECTION 6.15.910
1038	955		Service charges.911
1039	956		The mayor and council by ordinance shall have the power to assess and collect fees, charges,912
1040	957		and tolls for stormwater, solid waste collection, sanitary and health services, or any other913
1041	958		services provided, or made available within and without the corporate limits of the city for914
1042	959		the total cost to the city of providing or making available such services. If unpaid, such915
1043	960		charges shall be collected as provided in Section 6.18 of this charter.916
1044	961		SECTION 6.16.917
1045	962		Special assessments.918
1046	963		The mayor and council by ordinance shall have the power to assess and collect the cost of919
1047	964		constructing, reconstructing, widening, or improving any public way, street, sidewalk,920
1048	965		curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property921
1049	966		owners under such terms and conditions as are reasonable. If unpaid, such charges shall be922
1050	967		collected as provided in Section 6.18 of this charter.923
1051	968		SECTION 6.17.924
1052	969		Construction; other taxes and fees.925
1053	970		The city shall be empowered to levy any other tax or fee allowed now or hereafter by law,926
1054	971		and the specific mention of any right, power, or authority in this article shall not be construed927
1055	972		as limiting in any way the general powers of the city to govern its local affairs.928
1056		-	H. B. 1229
1057		-	- 40 - 24 HB 1229/AP
1058		-	SECTION 6.18.
1059		-	929
	973	+	- 40 - 24 LC 47 2867S
	974	+	SECTION 6.18.929
1060	975		Collection of delinquent taxes and fees.930
1061	976		The mayor and council, by ordinance, may provide generally for the collection of delinquent931
1062	977		taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by932
1063	978		whatever reasonable means as are not precluded by law. This shall include providing for the933
1064	979		dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.934
1065	980		fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the935
1066	981		persons required to pay the taxes or fees imposed; revoking city permits or licenses for936
1067	982		failure to pay any city taxes or fees; and providing for the assignment or transfer of tax937
1068	983		executions.938
1069	984		SECTION 6.19.939
1070	985		General obligation bonds.940
1071	986		The mayor and council shall have the power to issue bonds for the purpose of raising revenue941
1072	987		to carry out any project, program, or venture authorized under this charter or the laws of the942
1073	988		state. Such bonding authority shall be exercised in accordance with the laws governing bond943
1074	989		issuance by municipalities in effect at the time said issue is undertaken.944
1075	990		SECTION 6.20.945
1076	991		Revenue bonds.946
1077	992		Revenue bonds may be issued by the mayor and council as state law now or hereafter947
1078	993		provides. Such bonds are to be paid out of any revenue produced by the project, program,948
1079	994		or venture for which they were issued.949
1080		-	H. B. 1229
1081		-	- 41 - 24 HB 1229/AP
1082		-	SECTION 6.21.
1083		-	950
	995	+	- 41 - 24 LC 47 2867S
	996	+	SECTION 6.21.950
1084	997		Short-term loans.951
1085	998		The city may obtain short-term loans and must repay such loans not later than December 31952
1086	999		of each year, unless otherwise provided by law.953
1087	1000		SECTION 6.22.954
1088	1001		Lease-purchase contracts.955
1089	1002		The city may enter into multi-year lease, purchase, or lease-purchase contracts for the956
1090	1003		acquisition of goods, materials, real and personal property, services, and supplies provided957
1091	1004		the contract terminates without further obligation on the part of the city at the close of the958
1092	1005		calendar year in which it was executed and at the close of each succeeding calendar year for959
1093	1006		which it may be renewed. Contracts must be executed in accordance with the requirements960
1094	1007		of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may961
1095	1008		hereafter be enacted.962
1096	1009		SECTION 6.23.963
1097	1010		Fiscal year.964
1098	1011		The mayor and council shall set the fiscal year by ordinance. This fiscal year shall constitute965
1099	1012		the budget year and the year for financial accounting and reporting of each and every office,966
1100	1013		department, agency, and activity of the city government unless otherwise provided by state967
1101	1014		or federal law.968
1102		-	H. B. 1229
1103		-	- 42 - 24 HB 1229/AP
1104		-	SECTION 6.24.
1105		-	969
	1015	+	- 42 - 24 LC 47 2867S
	1016	+	SECTION 6.24.969
1106	1017		Preparation of budgets.970
1107	1018		(a) The mayor and council shall provide a resolution on the procedures and requirements for971
1108	1019		the preparation and execution of an annual operating budget and a capital budget, including972
1109	1020		requirements as to the scope, content, and form of such budgets and plans.973
1110	1021		(b) Budgets shall be prepared for the General Fund, Debt Service Fund, Capital Projects974
1111	1022		Fund, Special Revenue Funds, and any other fund deemed as necessary by the mayor and975
1112	1023		council or mandated by state law.976
1113	1024		SECTION 6.25.977
1114	1025		Submission of operating budget to mayor and council.978
1115	1026		On or before a date fixed by the city council but not later than 30 days prior to the beginning979
1116	1027		of each fiscal year, the city administrator shall submit to the mayor and council a proposed980
1117	1028		operating budget for the ensuing fiscal year. The budget shall be accompanied by a message981
1118	1029		from the city administrator containing a statement of the general fiscal policies of the city,982
1119	1030		the important features of the budget, explanations of major changes recommended for the983
1120	1031		next fiscal year, a general summary of the budget, and such other pertinent comments and984
1121	1032		information. The operating budget and the capital budget hereinafter provided for, the985
1122	1033		budget message, and all supporting documents shall be filed in the office of the city clerk and986
1123	1034		shall be open to public inspection.987
1124		-	H. B. 1229
1125		-	- 43 - 24 HB 1229/AP
1126		-	SECTION 6.26.
1127		-	988
	1035	+	- 43 - 24 LC 47 2867S
	1036	+	SECTION 6.26.988
1128	1037		Action by mayor and council on budget.989
1129	1038		(a) The mayor and council may amend the operating budget and the capital budget proposed990
1130	1039		by the city administrator, except that the budget as finally amended and adopted must991
1131	1040		provide for all expenditures required by state law or by other provisions of this charter and992
1132	1041		for all debt service requirements for the ensuing fiscal year and the total appropriations from993
1133	1042		any fund shall not exceed the estimated fund balance, reserves, and revenues.994
1134	1043		(b) The mayor and council by voice vote shall adopt the final operating budget and the995
1135	1044		capital budget for the ensuing fiscal year not later than the first regularly scheduled meeting996
1136	1045		of each year. If the mayor and council fails to adopt the budget by this date, the amounts997
1137	1046		appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing998
1138	1047		fiscal year on a month-to-month basis, with all items prorated accordingly until such time as999
1139	1048		the mayor and council adopts a budget for the ensuing fiscal year. Adoption of the budgets1000
1140	1049		shall take the form of an appropriations ordinance setting out the estimated revenues in detail1001
1141	1050		by sources and making appropriations according to fund and by organizational unit, purpose,1002
1142	1051		or activity as set out in the budget preparation resolution adopted pursuant to Section 6.241003
1143	1052		of this charter.1004
1144	1053		(c) The amount set out in the adopted operating budget and the capital budget for each city1005
1145	1054		department shall constitute the annual appropriation for such, and no expenditure shall be1006
1146	1055		made or encumbrance created in excess of the otherwise unencumbered balance of the1007
1147	1056		appropriations or allotment thereof to which it is chargeable.1008
1148		-	H. B. 1229
1149		-	- 44 - 24 HB 1229/AP
1150		-	SECTION 6.27.
1151		-	1009
	1057	+	- 44 - 24 LC 47 2867S
	1058	+	SECTION 6.27.1009
1152	1059		Tax levies.1010
1153	1060		The mayor and council shall levy by ordinance such taxes as are necessary and authorized1011
1154	1061		by the laws of the State of Georgia. The taxes and tax rates set by such ordinance shall be1012
1155	1062		such that reasonable estimates of revenues from such levy shall at least be sufficient, together1013
1156	1063		with other anticipated revenues, fund balances, and applicable reserves, to equal the total1014
1157	1064		amount appropriated for each of the several funds set forth in the annual operating budget1015
1158	1065		for defraying the expenses of the general government of the city.1016
1159	1066		SECTION 6.28.1017
1160	1067		Changes in appropriations.1018
1161	1068		The mayor and council by ordinance may make changes in the appropriations contained in1019
1162	1069		the current operating budget at any regular, special, or emergency meeting called for such1020
1163	1070		purpose.1021
1164	1071		SECTION 6.29.1022
1165	1072		Capital budget.1023
1166	1073		(a) On or before the date fixed by the mayor and council, the city administrator shall submit1024
1167	1074		to the mayor and council a proposed capital improvements plan with a recommended capital1025
1168	1075		budget containing the means of financing the improvements proposed for the ensuing fiscal1026
1169	1076		year. The mayor and council shall have power to accept, with or without amendments, or1027
1170	1077		reject the proposed plan and proposed budget. The mayor and council shall not authorize an1028
1171	1078		expenditure for the construction of any building, structure, work, or improvement, unless the1029
1172		-	H. B. 1229
1173		-	- 45 - 24 HB 1229/AP
1174		-	appropriations for such project are included in the capital budget, except to meet a public
1175		-	1030
	1079	+	- 45 - 24 LC 47 2867S
	1080	+	appropriations for such project are included in the capital budget, except to meet a public1030
1176	1081		emergency as provided in Section 2.24 of this charter.1031
1177	1082		(b) The mayor and council shall adopt by ordinance the final capital budget for the ensuing1032
1178	1083		fiscal year. The city administrator may submit amendments to the capital budget to the1033
1179	1084		mayor and council at any time during the fiscal year, accompanied by recommendations. 1034
1180	1085		Any such amendments to the capital budget shall become effective only upon adoption by1035
1181	1086		ordinance.1036
1182	1087		SECTION 6.30.1037
1183	1088		Unexpended appropriations and capital budgets.1038
1184	1089		All unexpended appropriations and capital budgets shall lapse at the fiscal year-end without1039
1185	1090		any action of the mayor and council.1040
1186	1091		SECTION 6.31.1041
1187	1092		Independent audit.1042
1188	1093		There shall be an annual independent audit of all city accounts, funds, and financial1043
1189	1094		transactions by the city auditor. The audit shall be conducted according to generally1044
1190	1095		accepted auditing principles. Any audit of any funds by the state or federal governments may1045
1191	1096		be accepted as satisfying the requirements of this charter. Copies of annual audit reports1046
1192	1097		shall be available at printing costs to the public.1047
1193		-	H. B. 1229
1194		-	- 46 - 24 HB 1229/AP
1195		-	SECTION 6.32.
1196		-	1048
	1098	+	- 46 - 24 LC 47 2867S
	1099	+	SECTION 6.32.1048
1197	1100		Contracting procedures.1049
1198	1101		No contract with the city shall be binding on the city unless:1050
1199	1102		(a) It is in writing;1051
1200	1103		(b) It is drawn by or submitted to and reviewed by the city attorney;1052
1201	1104		(c) It is made or authorized by the mayor and council and such approval is entered in the1053
1202	1105		minutes kept by the mayor and council pursuant to Section 2.20 of this charter; and1054
1203	1106		(d) It is signed by the mayor or a department head specifically authorized by the mayor and1055
1204	1107		council by ordinance or resolution.1056
1205	1108		SECTION 6.33.1057
1206	1109		Purchasing.1058
1207	1110		The mayor and council shall by resolution prescribe procedures for a system of purchasing1059
1208	1111		for the city.1060
1209	1112		SECTION 6.34.1061
1210	1113		Sale and lease of city property.1062
1211	1114		(a) Except as otherwise provided in this charter, the mayor and council may sell and convey1063
1212	1115		or lease any real or personal property owned or held by the city for governmental or other1064
1213	1116		purposes as now or hereafter provided by law.1065
1214	1117		(b) The mayor and council may quitclaim any rights it may have in property not needed for1066
1215	1118		public purposes upon report by the city administrator and adoption of a resolution, both1067
1216	1119		finding that the property is not needed for public or other purposes and that the interest of the1068
1217	1120		city has no readily ascertainable monetary value.1069
1218		-	H. B. 1229
1219		-	- 47 - 24 HB 1229/AP
1220		-	(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place
1221		-	1070
	1121	+	- 47 - 24 LC 47 2867S
	1122	+	(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place1070
1222	1123		of the city, a small parcel or tract of land is cut off or separated by such work from a larger1071
1223	1124		tract or boundary of land owned by the city, the mayor and council may authorize the city1072
1224	1125		administrator to sell and convey said cut off or separated parcel or tract of land to an abutting1073
1225	1126		or adjoining property owner or owners where such sale and conveyance facilitates the1074
1226	1127		enjoyment of the highest and best use of the abutting owner's property. Included in the sales1075
1227	1128		contract shall be a provision for the rights of way of said street, avenue, alley, or public1076
1228	1129		place. Each abutting property owner shall be notified of the availability of the property and1077
1229	1130		given the opportunity to purchase said property under such terms and conditions as set out1078
1230	1131		by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered1079
1231	1132		shall convey all title and interest the city has in such property, notwithstanding the fact that1080
1232	1133		no public sale after advertisement was or is hereafter made.1081
1233	1134		SECTION 6.35.1082
1234	1135		Insurance.1083
1235	1136		The city shall maintain sufficient casualty and liability insurance coverage on all property1084
1236	1137		owned or operated by city personnel to adequately indemnify the city on claims of loss by1085
1237	1138		injured or aggrieved parties. The amounts of insurance coverage shall be set from time to1086
1238	1139		time by the city council in the form of a resolution as the need arises.1087
1239	1140		ARTICLE VII1088
1240	1141		INDEPENDENT CITY SCHOOL DISTRICT1089
1241	1142		SECTION 7.10.1090
1242	1143		Acknowledgment of establishment of Dalton City Public School District1091
1243	1144		and authority to continue and maintain the Dalton City Public School District.1092
1244		-	H. B. 1229
1245		-	- 48 - 24 HB 1229/AP
1246		-	(a) Be it acknowledged that the City of Dalton has established an independent public school
1247		-	1093
	1145	+	- 48 - 24 LC 47 2867S
	1146	+	(a) Be it acknowledged that the City of Dalton has established an independent public school1093
1248	1147		district for the City of Dalton and organized a school board for the governance of said school1094
1249	1148		district, known as the Dalton City Public School District, pursuant to an Act consolidating,1095
1250	1149		amending, and codifying the various Acts incorporating the City of Dalton, approved1096
1251	1150		February 24, 1874 (Ga. L. 1874, p. 181), as amended, which school district and school board1097
1252	1151		are hereby affirmed.1098
1253	1152		(b) Be it further acknowledged that Article VIII, Section V, Paragraph I of the Constitution1099
1254	1153		of this state provides that "[e]xisting county and independent school systems shall be1100
1255	1154		continued" and the city does authorize and recognize that Dalton City Public School District1101
1256	1155		shall continue to exist as an independent school district whose borders are coterminous with1102
1257	1156		the City of Dalton as now or in the future may exist.1103
1258	1157		(c) Be it further acknowledged that the independent school district known as the Dalton City1104
1259	1158		Public School District has continued to operate and has not ceased in its functions and duties1105
1260	1159		since its creation.1106
1261	1160		(d) Be it enacted by the authority aforesaid that the Board of Education of the Dalton City1107
1262	1161		Public School District is hereby authorized and empowered, and authority is granted to the1108
1263	1162		board of education to continue to maintain and control the Dalton City Public School1109
1264	1163		District, as an independent public school district in the city, through local taxation and other1110
1265	1164		means of support as permitted by Georgia law and in conformity with and as permitted by1111
1266	1165		Article VIII, Section V, Paragraph I of the Constitution of this state.1112
1267	1166		SECTION 7.11.1113
1268	1167		Election of board of education.1114
1269	1168		The board of education and the election of the members of the Board of Education of the1115
1270	1169		Dalton City Public School District shall be governed by all applicable local Acts and any1116
1271	1170		applicable state law.1117
1272		-	H. B. 1229
1273		-	- 49 - 24 HB 1229/AP
1274		-	SECTION 7.12.
1275		-	1118
	1171	+	- 49 - 24 LC 47 2867S
	1172	+	SECTION 7.12.1118
1276	1173		Organization of board of education.1119
1277	1174		Be it further enacted by the authority aforesaid, that the officers of said board of education1120
1278	1175		shall be as provided by law and the policies of the board of education.1121
1279	1176		SECTION 7.13.1122
1280	1177		Powers and duties of board of education.1123
1281	1178		Be it further enacted by the authority aforesaid that the Board of Education of the Dalton City1124
1282	1179		Public School District is hereby vested with all the authority and power provided for in the1125
1283	1180		Georgia Constitution and any applicable local acts and state law applicable to both county1126
1284	1181		and independent school districts, including, but not limited to, incurring debt; however, the1127
1285	1182		board of education shall be required to obtain approval from the mayor and council of the1128
1286	1183		City of Dalton prior to incurring any debt, and such approval shall be evidenced by resolution1129
1287	1184		or ordinance. The board of education shall faithfully perform the duties prescribed under the1130
1288	1185		local Acts and under any applicable state law.1131
1289	1186		SECTION 7.14.1132
1290	1187		Superintendent; appointment; qualifications; compensation.1133
1291	1188		The board of education shall employ a superintendent for a definite term, in accordance with1134
1292	1189		applicable state law and board policy, and shall fix the superintendent's compensation.1135
1293		-	H. B. 1229
1294		-	- 50 - 24 HB 1229/AP
1295		-	SECTION 7.15.
1296		-	1136
	1190	+	- 50 - 24 LC 47 2867S
	1191	+	SECTION 7.15.1136
1297	1192		Powers and duties of the superintendent.1137
1298	1193		The superintendent shall be the chief administrative officer of the Dalton City Public School1138
1299	1194		District. The superintendent shall be responsible to the board for the administration of all1139
1300	1195		school district affairs placed in the superintendent's charge by or under this charter. As the1140
1301	1196		chief administrative officer of the school district, the superintendent shall faithfully perform1141
1302	1197		the duties prescribed by the board, by all applicable state laws, and by contract with the board1142
1303	1198		of education.1143
1304	1199		SECTION 7.16.1144
1305	1200		Accounting and payment of school taxes to board of education.1145
1306	1201		All taxes levied for public education in the City of Dalton, including penalties and interest1146
1307	1202		for delinquent taxes, collected by Whitfield County for or on behalf of the City of Dalton1147
1308	1203		Public School District shall be accounted for and paid over to the board of education on a1148
1309	1204		monthly basis less the cost of collecting said taxes. For each monthly period, the board of1149
1310	1205		education shall request from the Whitfield County Tax Commissioner's Office, or other1150
1311	1206		appropriate tax collecting authority, an accounting of the taxes, penalties, and interest,1151
1312	1207		collected in such period. The board of education shall be responsible for the prorated cost1152
1313	1208		of collecting ad valorem taxes levied for the education of students in the City of Dalton.1153
1314	1209		SECTION 7.17.1154
1315	1210		Funds as trust funds.1155
1316	1211		Be it further enacted by the authority aforesaid, that all assessments of taxes and all funds1156
1317	1212		arising from or collected under this Act may be by the City of Dalton, on all taxable property,1157
1318		-	H. B. 1229
1319		-	- 51 - 24 HB 1229/AP
1320		-	necessary for the support, maintenance, and operation of public schools at a rate not to
1321		-	1158
	1213	+	- 51 - 24 LC 47 2867S
	1214	+	necessary for the support, maintenance, and operation of public schools at a rate not to1158
1322	1215		exceed 14 mills, kept separate and distinct from other assessments and collections of the City1159
1323	1216		of Dalton, and are to be used solely for the purposes designated in this section. The1160
1324	1217		Whitfield County Tax Commissioner's Office, or other appropriate tax collecting authority,1161
1325	1218		shall keep a separate, full, and distinct itemized account showing all monies raised, when,1162
1326	1219		how, from whom, and for what purposes and the disposition of the same; and to whom,1163
1327	1220		when, and for what purposes paid out. Such levy and assessment may be made at 1001164
1328	1221		percent of the taxable property fair market value subject to any limitation by ordinance or1165
1329	1222		other law.1166
1330	1223		ARTICLE VIII1167
1331	1224		BOARD OF WATER, LIGHT AND SINKING FUND COMMISSIONERS1168
1332	1225		SECTION 8.10.1169
1333	1226		Organization of board.1170
1334	1227		(a) At the first regular meeting in January of each year, the mayor and council of the City1171
1335	1228		of Dalton shall be authorized to elect a Board of Water, Light and Sinking Fund1172
1336	1229		Commissioners that consists of five members.1173
1337	1230		(b) The Board of Water, Light and Sinking Fund Commissioners shall consist of five1174
1338	1231		commissioners appointed by the mayor and council who shall serve five-year terms. The1175
1339	1232		terms shall be staggered as in effect on the date of this charter. Any vacancy in a term of a1176
1340	1233		commissioner shall be filled for the expiration of that term by appointment of the mayor and1177
1341	1234		city council. Upon the expiration of the term of service of any commissioner so appointed,1178
1342	1235		the mayor and city council shall appoint a commissioner for a full term. Existing1179
1343	1236		commissioners as of the date of this charter shall serve out the balance of their terms.1180
1344		-	H. B. 1229
1345		-	- 52 - 24 HB 1229/AP
1346		-	(c) The authority, powers, and duties of said commissioners shall be regulated by such
1347		-	1181
	1237	+	- 52 - 24 LC 47 2867S
	1238	+	(c) The authority, powers, and duties of said commissioners shall be regulated by such1181
1348	1239		ordinances as the mayor and council may prescribe, and as otherwise set forth in this1182
1349	1240		Article VIII.1183
1350	1241		SECTION 8.11.1184
1351	1242		General scope of authority, powers, and duties as to public utilities.1185
1352	1243		(a) The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton1186
1353	1244		(doing business as "Dalton Utilities") shall have entire control of all public utilities of the1187
1354	1245		City of Dalton, and such control shall extend into the newly annexed area of said city. Said1188
1355	1246		board shall have authority of extending the services of said utilities beyond the city limits of1189
1356	1247		the City of Dalton when in their judgment it is to the best interest of the city to do so.1190
1357	1248		(b) The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton,1191
1358	1249		doing business as "Dalton Utilities," shall have the power to control and operate any and all1192
1359	1250		public utilities that the convenience and necessity of the citizens of the City of Dalton1193
1360	1251		require, and have the right and power to operate any such public utilities within the City of1194
1361	1252		Dalton when the convenience and necessity of the citizens of the city are affected.1195
1362	1253		(c) The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton, doing1196
1363	1254		business as "Dalton Utilities," shall have entire control of the public utilities of the City of1197
1364	1255		Dalton and as a part of said control, the board shall have authority to make all contracts1198
1365	1256		necessary for the operation of said utilities; to buy all supplies and material needed, and to1199
1366	1257		make all necessary improvements and extensions, to employ all help necessary in the1200
1367	1258		operation of said utilities and all utility sectors thereof; to make all rates, rules, and1201
1368	1259		regulations for furnishing utility services to the inhabitants of said city and to enforce the1202
1369	1260		same; and to deal in every way with said utilities as a separate and distinct part of the city1203
1370	1261		government. Said board shall fix rates for utility services sufficiently high so as to bring in1204
1371	1262		sufficient revenue to maintain said public utilities and to provide for needed repairs,1205
1372		-	H. B. 1229
1373		-	- 53 - 24 HB 1229/AP
1374		-	extensions, and improvements. Said board shall collect all monies due to said utilities and
1375		-	1206
	1263	+	- 53 - 24 LC 47 2867S
	1264	+	extensions, and improvements. Said board shall collect all monies due to said utilities and1206
1376	1265		shall pay all debts of said public utilities. No contract made by said board shall bind said city1207
1377	1266		but shall be binding upon said board which shall operate as a separate and distinct part of the1208
1378	1267		City of Dalton with the authority set forth in this section and pursuant to law and ordinances. 1209
1379	1268		No monies shall be appropriated by the mayor and council of the City of Dalton to the1210
1380	1269		operation and improvement of said utilities, except that the board shall collect and receive1211
1381	1270		the principal and interest on the public debt as now provided by law. As used in this section,1212
1382	1271		the term "utility services" shall mean any and all services provided by the board through1213
1383	1272		various utility sectors as set forth in Section 8.12 of this charter, and otherwise as authorized1214
1384	1273		by law or ordinance, and is not intended to limit the board from providing utility services in1215
1385	1274		the future that are not set forth in Section 8.12 of this charter and that may be later authorized1216
1386	1275		by law or ordinance.1217
1387	1276		SECTION 8.12.1218
1388	1277		Utility sectors.1219
1389	1278		(a) Public sewer system. The Board of Water, Light and Sinking Fund Commissioners of1220
1390	1279		the City of Dalton shall have power and authority to control and operate the public sewer1221
1391	1280		system in said city in such way and manner as the board deems appropriate, and for such1222
1392	1281		purpose they may employ competent engineers and superintendents, at such times and at1223
1393	1282		such salaries as may be agreed upon by the board. The board shall have entire control of the1224
1394	1283		public sewer system of the City of Dalton, and such control shall extend into all newly1225
1395	1284		annexed areas of said city. Said board shall have the power and authority to make all1226
1396	1285		contracts necessary for the operation of said public sewer system; to buy all supplies and1227
1397	1286		materials needed, and to make all necessary improvements and extensions, to employ all1228
1398	1287		clerical and other help necessary in the operation of said system; to make rates, rules, and1229
1399	1288		regulations for the furnishing of sewer service to residential, commercial, and industrial users1230
1400		-	H. B. 1229
1401		-	- 54 - 24 HB 1229/AP
1402		-	of said system, and to enforce the same; and the power to control and operate such system
1403		-	1231
	1289	+	- 54 - 24 LC 47 2867S
	1290	+	of said system, and to enforce the same; and the power to control and operate such system1231
1404	1291		as the convenience and necessity of the citizens of the City of Dalton shall require. Said1232
1405	1292		board shall make no contracts for the price of using the public sewer system for a longer1233
1406	1293		period than two years, and at the expiration of any term or lease the price paid for the use1234
1407	1294		thereof shall be adjusted according to the regulations then established.1235
1408	1295		(b) Communications and information services and facilities. The Board of Water, Light and1236
1409	1296		Sinking Fund Commissioners of the City of Dalton shall have the authority to construct,1237
1410	1297		acquire, control, operate, and provide as public utilities:1238
1411	1298		(1) Communications services and facilities, and1239
1412	1299		(2) Information services and facilities; of all kinds, without limitation, over or through all1240
1413	1300		media, including wireline and wireless, whether such services and facilities are now known1241
1414	1301		or are developed in the future, within or without the City of Dalton and within or without1242
1415	1302		Whitfield County, Georgia. Notwithstanding the foregoing, the specification of any such1243
1416	1303		services and facilities as public utilities is not intended to confer any additional power or1244
1417	1304		be in any way in derogation of the power and authority of the Georgia Public Service1245
1418	1305		Commission or any other regulatory body with respect to any such services and facilities,1246
1419	1306		or subject any such services or facilities to common carrier or public utility regulation. The1247
1420	1307		board shall have power and authority to control and operate the communications services1248
1421	1308		and facilities and the information services and facilities in said city in such way and manner1249
1422	1309		as the board deems appropriate, and for such purpose they may employ competent1250
1423	1310		engineers and superintendents, at such times and at such salaries as may be agreed upon1251
1424	1311		by the board. The board shall have entire control of the communications services and1252
1425	1312		facilities and the information services and facilities of the City of Dalton, wherever located,1253
1426	1313		and such control shall extend into all newly annexed areas of said city. Said board shall1254
1427	1314		have the power and authority to make all contracts necessary for the operation of said1255
1428	1315		communications services and facilities and the information services and facilities; to buy1256
1429	1316		all supplies and materials needed, and to make all necessary improvements and extensions,1257
1430		-	H. B. 1229
1431		-	- 55 - 24 HB 1229/AP
1432		-	to employ all clerical and other help necessary in the operation of said facilities; to make
1433		-	1258
	1317	+	- 55 - 24 LC 47 2867S
	1318	+	to employ all clerical and other help necessary in the operation of said facilities; to make1258
1434	1319		rates, rules, and regulations for the furnishing of communications services and facilities and1259
1435	1320		the information services and facilities to residential and industrial users of said facilities,1260
1436	1321		and to enforce the same; and the power to control and operate such communications1261
1437	1322		services and facilities and the information services and facilities as the convenience and1262
1438	1323		necessity of the citizens of the City of Dalton shall require.1263
1439	1324		(c) Water system. The Board of Water, Light and Sinking Fund Commissioners of the City1264
1440	1325		of Dalton shall have power and authority to control and operate the water system in said city1265
1441	1326		in such way and manner as the board deems appropriate, and for such purpose they may1266
1442	1327		employ competent engineers and superintendents, at such times and at such salaries as may1267
1443	1328		be agreed upon by the board. The board shall have entire control of the public water system1268
1444	1329		of the City of Dalton, and such control shall extend into all newly annexed areas of said city.1269
1445	1330		Said board shall have the power and authority to make all contracts necessary for the1270
1446	1331		operation of said public water system; to buy all supplies and materials needed, and to make1271
1447	1332		all necessary improvements and extensions, to employ all clerical and other help necessary1272
1448	1333		in the operation of said system; to make rates, rules, and regulations for the furnishing of1273
1449	1334		water service to residential, commercial, and industrial users of said system, and to enforce1274
1450	1335		the same; and the power to control and operate such system as the convenience and necessity1275
1451	1336		of the citizens of the City of Dalton shall require. The board shall regulate the distribution1276
1452	1337		and use of the water in all places and for all purposes, where the same may be required, and1277
1453	1338		from time to time shall fix the price thereof, and the time of payment; and they shall erect1278
1454	1339		such number of public hydrants in such places as they may see fit, and direct in what manner1279
1455	1340		and for what purposes the same may be used, all of which they may change at their1280
1456	1341		discretion. Said board shall make no contracts for the price of using water for a longer period1281
1457	1342		than two years, and at the expiration of any term or lease the price paid for the use thereof1282
1458	1343		shall be adjusted according to the regulations then established. Said board shall have full1283
1459	1344		power and authority to require the payment, in advance, for the use or rent of water furnished1284
1460		-	H. B. 1229
1461		-	- 56 - 24 HB 1229/AP
1462		-	by the utility in or upon any building, place, or premises, and in case prompt payment shall
1463		-	1285
	1345	+	- 56 - 24 LC 47 2867S
	1346	+	by the utility in or upon any building, place, or premises, and in case prompt payment shall1285
1464	1347		not be made, they may shut off the water from such building, place, or premises, and shall1286
1465	1348		not be compelled to supply said building, place, or premises with water until such arrears,1287
1466	1349		with accrued interest thereon, shall be fully paid.1288
1467	1350		(d) Electric system. The Board of Water, Light and Sinking Fund Commissioners of the1289
1468	1351		City of Dalton shall have power and authority to control and operate the electrical1290
1469	1352		transmission, distribution, and generation systems in said city in such way and manner as the1291
1470	1353		board deems appropriate, and for such purpose they may employ competent engineers and1292
1471	1354		superintendents, at such times and at such salaries as may be agreed upon by the board. The1293
1472	1355		board shall have entire control of the public electric generation and transmission systems of1294
1473	1356		the City of Dalton, and such control shall extend into all newly annexed areas of said city.1295
1474	1357		Said board shall have the power and authority to make all contracts necessary for the1296
1475	1358		operation of said electric generation, distribution, and transmission systems; to buy all1297
1476	1359		supplies and materials needed, and to make all necessary improvements and extensions, to1298
1477	1360		employ all clerical and other help necessary in the operation of said systems; to make rates,1299
1478	1361		rules, and regulations for the furnishing of electric service to residential, commercial, and1300
1479	1362		industrial users of said system, and to enforce the same; and the power to control and operate1301
1480	1363		such system as the convenience and necessity of the citizens of the City of Dalton shall1302
1481	1364		require. The board may acquire additional sources of supply of electric power within or1303
1482	1365		without the City of Dalton and within or without Whitfield County, Georgia. Said additional1304
1483	1366		sources of supply may include the whole of or any lesser interest in any electric generating1305
1484	1367		or distribution facilities within or without the State of Georgia and the whole of or any lesser1306
1485	1368		interest in any transmission lines running from any additional source of supply to and within1307
1486	1369		the City of Dalton. Any such additional source of supply may include the whole of or any1308
1487	1370		interest in a nuclear generating facility, including any or all nuclear fuel necessary for the1309
1488	1371		operation thereof. Said board shall make no contracts for the price of electricity for a longer1310
1489	1372		period than two years, and at the expiration of any term or lease the price paid for the use1311
1490		-	H. B. 1229
1491		-	- 57 - 24 HB 1229/AP
1492		-	thereof shall be adjusted according to the regulations then established. The Board of Water,
1493		-	1312
	1373	+	- 57 - 24 LC 47 2867S
	1374	+	thereof shall be adjusted according to the regulations then established. The Board of Water,1312
1494	1375		Light and Sinking Fund Commissioners may enter agreements for the sale of surplus1313
1495	1376		electricity to others if and when there shall be any excess over and above the city's1314
1496	1377		requirements from time to time and may enter all contracts necessary or useful to assure1315
1497	1378		efficient and economical management of any such additional source of supply, including1316
1498	1379		transmission lines.1317
1499	1380		(e) Natural gas system. The Board of Water, Light and Sinking Fund Commissioners of the1318
1500	1381		City of Dalton shall have power and authority to control and operate the natural gas system1319
1501	1382		in said city in such way and manner as the board deems appropriate, and for such purpose1320
1502	1383		they may employ competent engineers and superintendents, at such times and at such salaries1321
1503	1384		as may be agreed upon by the board. The board shall have entire control of the public natural1322
1504	1385		gas system of the City of Dalton, and such control shall extend into all newly annexed areas1323
1505	1386		of said city. Said board shall have the power and authority to make all contracts necessary1324
1506	1387		for the operation of said natural gas system; to buy all supplies and materials needed, and to1325
1507	1388		make all necessary improvements and extensions, to employ all clerical and other help1326
1508	1389		necessary in the operation of said systems; to make rates, rules, and regulations for the1327
1509	1390		furnishing of natural gas service to residential, commercial, and industrial users of said1328
1510	1391		system, and to enforce the same; and the power to control and operate such system as the1329
1511	1392		convenience and necessity of the citizens of the City of Dalton shall require. Said board shall1330
1512	1393		make no contracts for the price of natural gas for a longer period than two years, and at the1331
1513	1394		expiration of any term or lease the price paid for the use thereof shall be adjusted according1332
1514	1395		to the regulations then established. The board may acquire additional sources of supply of1333
1515	1396		natural gas within or without the City of Dalton and within or without Whitfield County,1334
1516	1397		Georgia.1335
1517		-	H. B. 1229
1518		-	- 58 - 24 HB 1229/AP
1519		-	SECTION 8.13.
1520		-	1336
	1398	+	- 58 - 24 LC 47 2867S
	1399	+	SECTION 8.13.1336
1521	1400		Chief executive officer.1337
1522	1401		(a) The Board of Water, Light and Sinking Fund Commissioners shall appoint and employ1338
1523	1402		a president and chief executive officer who shall be qualified by training, education, and1339
1524	1403		experience for the overall management of the utility. He or she shall serve at the pleasure1340
1525	1404		of said board, which shall fix salary, and shall have such authority as delegated by said board1341
1526	1405		and as set forth in this section.1342
1527	1406		(b) The president and chief executive officer of the utility shall report to the Board of Water,1343
1528	1407		Light and Sinking Fund Commissioners at its monthly meetings and at special meetings, and1344
1529	1408		shall carry out and execute all policies and directives of said board.1345
1530	1409		(c) The president and chief executive officer of the utility shall, in consultation with the1346
1531	1410		board, determine the number of employees necessary for the operation of the utility, and fix1347
1532	1411		their duties and compensation. The prior consent of the Board of Water, Light and Sinking1348
1533	1412		Fund Commissioners shall be required with respect to expenditures and contracts in excess1349
1534	1413		of certain limits set by said board by resolution from time to time. The president and chief1350
1535	1414		executive officer shall, in consultation with the board, have control of all actual construction1351
1536	1415		and repairs, the immediate management of operation of the utility, and the enforcement and1352
1537	1416		execution of all policies, programs, plans, and decisions made or adopted by the said board. 1353
1538	1417		The president and chief executive officer shall maintain permanent records regarding actions1354
1539	1418		taken. The president and chief executive officer shall prepare plans and specifications, take1355
1540	1419		bids, and let contracts, subject to the approval of said board. The president and chief1356
1541	1420		executive officer shall prepare and submit to said board periodic reports on the utility's1357
1542	1421		compliance with local, state and federal laws in the areas of safety, environmental matters,1358
1543	1422		and civil rights. There shall be such other officers, executives, and employees of the utility1359
1544	1423		as may be required. The officers, executives, and employees shall be appointed and removed1360
1545	1424		by the president and chief executive officer subject to the provisions of applicable local,1361
1546		-	H. B. 1229
1547		-	- 59 - 24 HB 1229/AP
1548		-	state, and federal laws or binding contracts entered into between employees and the Board
1549		-	1362
	1425	+	- 59 - 24 LC 47 2867S
	1426	+	state, and federal laws or binding contracts entered into between employees and the Board1362
1550	1427		of Water, Light and Sinking Fund Commissioners. The president and chief executive officer1363
1551	1428		shall have such further power, duties, and responsibilities as may be assigned to him by said1364
1552	1429		board from time to time.1365
1553	1430		(d) The president and chief executive officer shall enter into contracts and shall have the1366
1554	1431		authority to enter into contracts with vendors, customers, lenders, depositories, utilities,1367
1555	1432		engineering firms, consultants, and government agencies as may be necessary to effect1368
1556	1433		proper operations of the utility. The prior consent of the Board of Water, Light and Sinking1369
1557	1434		Fund Commissioners shall be required with respect to contracts in excess of certain limits1370
1558	1435		set by the board by resolution from time to time.1371
1559	1436		(e) All checks, drafts, or other orders for payment of money, notes, or other evidences of1372
1560	1437		indebtedness issued in the name of the utility shall be signed by the chief financial officer1373
1561	1438		and countersigned by the president and chief executive officer, and may be signed by such1374
1562	1439		other officer or officers, agent or agents, of the utility and in such manner as may from time1375
1563	1440		to time be determined by the president and chief executive officer.1376
1564	1441		(f) All funds of the utility shall be deposited from time to time to the credit of the utility in1377
1565	1442		such banks, trust companies, or other depositories as the president and chief executive officer1378
1566	1443		may select in consultation with the Board of Water, Light and Sinking Fund Commissioners.1379
1567	1444		SECTION 8.14.1380
1568	1445		Control over public utilities; rates, charges to comply with1381
1569	1446		councilmanic proceedings for issuance of revenue bonds or certificates.1382
1570	1447		As by law and this charter, the Board of Water, Light and Sinking Fund Commissioners of1383
1571	1448		the City of Dalton shall have entire control over all public utilities owned or operated by said1384
1572	1449		city, within or without its limits, with authority to make all contracts necessary to operate1385
1573	1450		such utilities, to make all improvements and extensions thereto and to fix, impose, and1386
1574		-	H. B. 1229
1575		-	- 60 - 24 HB 1229/AP
1576		-	collect the rates and charges made for services and commodities supplied by such public
1577		-	1387
	1451	+	- 60 - 24 LC 47 2867S
	1452	+	collect the rates and charges made for services and commodities supplied by such public1387
1578	1453		utilities; provided, however, that such rates and charges shall always be such as to comply1388
1579	1454		with the provisions of any proceedings adopted by the mayor and council of said city1389
1580	1455		authorizing the issuance of revenue bonds or certificates payable from the revenues of such1390
1581	1456		public utilities, or any part thereof.1391
1582	1457		SECTION 8.15.1392
1583	1458		Right of eminent domain for public utilities.1393
1584	1459		The City of Dalton shall have the right and power to condemn lands, rights of way for public1394
1585	1460		utilities, easements, or right to use property of any kind, whether or not the same is already1395
1586	1461		in use for such purpose, using the method of procedure provided under the general laws of1396
1587	1462		the State of Georgia, and said City of Dalton is hereby vested with the power of eminent1397
1588	1463		domain over private property for such purposes, whenever the Board of Water, Light and1398
1589	1464		Sinking Fund Commissioners shall deem it necessary to the proper management and control1399
1590	1465		of such public utilities that they exercise said power.1400
1591	1466		SECTION 8.16.1401
1592	1467		Investment of sinking funds.1402
1593	1468		The Board of Water, Light and Sinking Fund Commissioners shall be authorized to control1403
1594	1469		the sinking funds collected by the city related to operation of the utility, to invest the same1404
1595	1470		in such manner, and in such securities, and upon such terms as the Board of Water, Light and1405
1596	1471		Sinking Fund Commissioners may deem to be to the best interest of said city.1406
1597		-	H. B. 1229
1598		-	- 61 - 24 HB 1229/AP
1599		-	SECTION 8.17.
1600		-	1407
	1472	+	- 61 - 24 LC 47 2867S
	1473	+	SECTION 8.17.1407
1601	1474		Disposition of surplus funds and financial reporting.1408
1602	1475		If said utility has funds in excess of what is reasonably necessary for the operation of said1409
1603	1476		utility and for contemplated improvements, the Board of Water, Light and Sinking Fund1410
1604	1477		Commissioners shall pay a sum to the city treasury on an annual basis in an amount that is1411
1605	1478		determined by the mayor and council in consultation with the board, subject to any1412
1606	1479		ordinance, resolution, or other law now or hereinafter in effect which may limit, alter, or1413
1607	1480		otherwise determine said payment. The board, through the president and chief executive1414
1608	1481		officer, shall, at the request of the mayor and council of the city, provide to the mayor and1415
1609	1482		council such regular and routine reports agreed upon by the mayor, council, and the board1416
1610	1483		as may be necessary for the mayor and council to determine the financial status of the utility.1417
1611	1484		The board shall act in a fiscally responsible manner so as to ensure to the greatest extent1418
1612	1485		possible that excess funds will be available to be transferred to the city treasury.1419
1613	1486		SECTION 8.18.1420
1614	1487		Penalties for diversion of water, adulteration, injury to supply.1421
1615	1488		If any person or persons shall willfully or maliciously divert the water, or any portion1422
1616	1489		thereof, from the water system of the city, or shall corrupt or render the same impure, or shall1423
1617	1490		injure or destroy any canal, aqueduct, pipe, hydrant, conduit, machinery, or other property1424
1618	1491		used or required for procuring or distributing water, such person or persons, their aiders and1425
1619	1492		abettors, shall forfeit to the mayor and council, to be recovered in an action of trespass, treble1426
1620	1493		the amount of damages, besides cost of said suit, which shall appear on trial to have been1427
1621	1494		sustained; all such acts are declared to be misdemeanors under the laws of this state, and the1428
1622	1495		parties found guilty thereof may be punished as prescribed in Code Section 17-10-3 of the1429
1623	1496		O.C.G.A.1430
1624		-	H. B. 1229
1625		-	- 62 - 24 HB 1229/AP
1626		-	ARTICLE IX
1627		-	1431
	1497	+	- 62 - 24 LC 47 2867S
	1498	+	ARTICLE IX1431
1628	1499		POLICE AND FIRE DEPARTMENTS1432
1629	1500		SECTION 9.10.1433
1630	1501		Creation; composition.1434
1631	1502		The City of Dalton shall have a police department consisting of a chief of police, to be1435
1632	1503		appointed by the mayor and council, and such other police officers as may be determined by1436
1633	1504		the chief of police. The City of Dalton shall have a fire department consisting of a fire chief,1437
1634	1505		to be appointed by the mayor and council, and such other firefighters as may be determined1438
1635	1506		by the fire chief. 1439
1636	1507		SECTION 9.11.1440
1637	1508		Age requirements for employment.1441
1638	1509		No person shall be employed by the City of Dalton for work as a mandate peace officer or1442
1639	1510		mandate peace officer in training or certified firefighter or certified firefighter in training1443
1640	1511		unless such person has reached the age of 18 years, which shall be established by a birth1444
1641	1512		certificate or other proper proof of age acceptable to the mayor and council.1445
1642	1513		SECTION 9.12.1446
1643	1514		Authority of chief of police to remove nuisances.1447
1644	1515		The chief of police shall also be empowered to remove all nuisances within the corporate1448
1645	1516		limits of the city.1449
1646		-	H. B. 1229
1647		-	- 63 - 24 HB 1229/AP
1648		-	SECTION 9.13.
1649		-	1450
	1517	+	- 63 - 24 LC 47 2867S
	1518	+	SECTION 9.13.1450
1650	1519		Duties of chief of police and authority to account for fines and fi. fas.1451
1651	1520		The duties of the chief of police shall be those duties as are now imposed on the police chief1452
1652	1521		of the City of Dalton by law, and he or she shall be responsible for other duties and1453
1653	1522		responsibilities as may from time to time be placed upon the chief of police by mayor and1454
1654	1523		council. The city council may in their discretion require the chief of police to collect and1455
1655	1524		account for all fines and fi. fas.1456
1656	1525		SECTION 9.14.1457
1657	1526		Duties of fire chief.1458
1658	1527		The duties of the fire chief shall be those duties as are now imposed on the fire chief of the1459
1659	1528		City of Dalton by law, and he or she shall be responsible for other duties and responsibilities1460
1660	1529		as may from time to time be placed upon the fire chief by mayor and council.1461
1661	1530		SECTION 9.15.1462
1662	1531		Chiefs constituted heads of departments; status; removal.1463
1663	1532		The chief of police and the chief of the fire department of the City of Dalton shall be the1464
1664	1533		head of their respective departments, and shall hold office until removed by the mayor and1465
1665	1534		council. Such chiefs shall be appointed by the mayor and council of the City of Dalton. The1466
1666	1535		chief of police and the chief of the fire department may be removed, demoted, or discharged1467
1667	1536		at any time by the mayor and council of the City of Dalton.1468
1668		-	H. B. 1229
1669		-	- 64 - 24 HB 1229/AP
1670		-	SECTION 9.16.
1671		-	1469
	1537	+	- 64 - 24 LC 47 2867S
	1538	+	SECTION 9.16.1469
1672	1539		Supervision and control of police officers and firefighters.1470
1673	1540		All police officers shall be subject to the direction and control of the chief of police, and all1471
1674	1541		firefighters shall be subject to the direction and control of the chief of the fire department,1472
1675	1542		and each respective chief shall have the right to discharge or suspend any officer or1473
1676	1543		firefighter for incompetency, insubordination, or misconduct, and report such suspension or1474
1677	1544		discharge to the city administrator.1475
1678	1545		SECTION 9.17.1476
1679	1546		Salaries.1477
1680	1547		The salaries of the chief of police, the chief of the fire department, and all officers and1478
1681	1548		firefighters shall be fixed by the city administrator from time to time.1479
1682	1549		ARTICLE X1480
1683	1550		ZONING AND PLANNING1481
1684	1551		SECTION 10.10.1482
1685	1552		Adoption of plan for districting city, regulating districts.1483
1686	1553		The mayor and council may, in the interest of the public health, safety, order, convenience,1484
1687	1554		comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting1485
1688	1555		or zoning of the city for the purpose of regulating the location of trades, industries, apartment1486
1689	1556		houses, dwellings, or other uses of property, or for the purpose of regulating the height of1487
1690	1557		the buildings or other structures, or for the area or dimensions of the lots, or of the yards used1488
1691	1558		in connection with buildings or other structures, or for the purposes of regulating the1489
1692		-	H. B. 1229
1693		-	- 65 - 24 HB 1229/AP
1694		-	alignment of buildings or other structures near street frontages. The zoning regulations may
1695		-	1490
	1559	+	- 65 - 24 LC 47 2867S
	1560	+	alignment of buildings or other structures near street frontages. The zoning regulations may1490
1696	1561		be based upon any one or more of the purposes above described. The city may be divided1491
1697	1562		into such number of districts and zones, and such districts may be of such shape and area,1492
1698	1563		as the mayor and council shall deem best situated to accomplish the purposes of the zoning1493
1699	1564		regulations, including, but not limited to, unified zoning with Whitfield County. In the1494
1700	1565		determination and establishment of districts and regulations, classifications may be used1495
1701	1566		based on the nature or character of the trade, industry, profession, or other activity conducted1496
1702	1567		or to be conducted upon the premises, the number of persons, families or other group units1497
1703	1568		to reside in or use buildings, the public, quasi-public, or private nature of the use of premises,1498
1704	1569		or upon any other basis or bases relevant to the promotion of the public health, safety, order,1499
1705	1570		morals, conveniences, prosperity, or welfare.1500
1706	1571		SECTION 10.11.1501
1707	1572		Classification, regulation of residential districts.1502
1708	1573		For the reasons above stated, said mayor and council shall have the further right and power,1503
1709	1574		in any districts proposed to be set aside primarily for residence purposes, to further classify1504
1710	1575		the use thereof, and to provide therein the class or classes of residents to be housed therein,1505
1711	1576		and to provide therein such other and similar regulations and restrictions as shall secure the1506
1712	1577		peace and good order of the city and residents thereof.1507
1713	1578		SECTION 10.12.1508
1714	1579		Amendment of zoning regulations.1509
1715	1580		The City of Dalton, by and through its mayor and council, may from time to time amend or1510
1716	1581		change the regulations or districts established by the zoning ordinance.1511
1717		-	H. B. 1229
1718		-	- 66 - 24 HB 1229/AP
1719		-	SECTION 10.13.
1720		-	1512
	1582	+	- 66 - 24 LC 47 2867S
	1583	+	SECTION 10.13.1512
1721	1584		Vote required to adopt, amend zoning regulations.1513
1722	1585		No such ordinance or amendment thereto, authorized by any section of this article, shall be1514
1723	1586		adopted except by three-fourths vote of the mayor and council.1515
1724	1587		ARTICLE XI1516
1725	1588		AUTHORITIES AND COMMISSIONS1517
1726	1589		DIVISION 1. DEVELOPMENT AUTHORITY1518
1727	1590		SECTION 11.10.1519
1728	1591		City of Dalton building authority.1520
1729	1592		(a) The City of Dalton Building Authority, created pursuant to an Act consolidating,1521
1730	1593		amending, and codifying the various Acts incorporating the City of Dalton, approved1522
1731	1594		February 24, 1874 (Ga. L. 1874, p. 181), as amended, and is hereby affirmed, which is1523
1732	1595		deemed to be an instrumentality of the State of Georgia and a public corporation and in that1524
1733	1596		name, style, and title said body may contract and be contracted with, sue and be sued, plead1525
1734	1597		and be interpleaded, and complain and defend in all courts of law and equity. In the event1526
1735	1598		the name of said authority shall ever become the subject of change, the same may be1527
1736	1599		accomplished by an act of the General Assembly.1528
1737	1600		(b) The said authority was created for the purpose of acquiring, constructing, equipping,1529
1738	1601		maintaining, and operating self-liquidating projects embracing buildings and facilities for1530
1739	1602		use by the City of Dalton, Georgia, for its governmental, proprietary and administrative1531
1740	1603		functions and for the use by such other agencies, authorities, departments, and political1532
1741	1604		subdivisions of the State of Georgia or the government of the United States as may contract1533
1742	1605		with the authority for the use of such facilities. The City of Dalton, Georgia, has the1534
1743		-	H. B. 1229
1744		-	- 67 - 24 HB 1229/AP
1745		-	authority to lease or sell lands, buildings, or land and buildings now owned by the City of
1746		-	1535
	1606	+	- 67 - 24 LC 47 2867S
	1607	+	authority to lease or sell lands, buildings, or land and buildings now owned by the City of1535
1747	1608		Dalton, Georgia, to said authority by appropriate resolution of the mayor and council of said1536
1748	1609		city and upon such terms and conditions as said mayor and council shall prescribe; provided,1537
1749	1610		that such sales by the City of Dalton, Georgia, to the authority shall be for cash, and provided1538
1750	1611		that such leases shall not exceed 50 years in duration.1539
1751	1612		(c) The authority shall consist of five members as follows: 1540
1752	1613		(1) One shall be the mayor of the City of Dalton, Georgia;1541
1753	1614		(2) One shall be a member of the city council of said city to be appointed by said city1542
1754	1615		council;1543
1755	1616		(3) One shall be a banker or other person having knowledge of financial matters, who is1544
1756	1617		a resident of the City of Dalton, to be appointed by the mayor and council of said city;1545
1757	1618		(4) One shall be a businessman, who is a resident of the City of Dalton, to be appointed1546
1758	1619		by the mayor and council of said city; and1547
1759	1620		(5) One shall be a citizen of the City of Dalton, who is a freeholder and qualified1548
1760	1621		registered voter of said city, to be appointed by the mayor and council of said city.1549
1761	1622		The terms of office of the members who are the mayor and city councilmember shall be1550
1762	1623		concurrent with their terms of office as mayor and councilmember. The terms of office of1551
1763	1624		the remaining members of the authority shall be four years and until their successors are1552
1764	1625		appointed and qualified. Successors to such members and to the member who is a city1553
1765	1626		councilmember shall be appointed as the original members were appointed, as provided1554
1766	1627		herein, and any vacancies shall be filled by the appointing authority, as provided herein, for1555
1767	1628		the unexpired term. Immediately after such appointments, the members of such authority1556
1768	1629		shall enter upon their duties. The authority shall elect one of its members as chairperson, and1557
1769	1630		one as vice chairperson, and shall also elect a secretary and treasurer, which secretary and1558
1770	1631		treasurer need not necessarily be a member of the authority. Three members of the authority1559
1771	1632		shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum1560
1772	1633		to exercise all the rights and perform all the duties of the authority. The members of the1561
1773		-	H. B. 1229
1774		-	- 68 - 24 HB 1229/AP
1775		-	authority shall receive no compensation for their services but may be reimbursed by the
1776		-	1562
	1634	+	- 68 - 24 LC 47 2867S
	1635	+	authority shall receive no compensation for their services but may be reimbursed by the1562
1777	1636		authority for their actual expenses necessarily incurred in the performance of their duties. 1563
1778	1637		The authority shall make rules and regulations for its own government. It shall have1564
1779	1638		perpetual existence. In the event the number of the members of the authority, the1565
1780	1639		qualifications of the membership of the authority, or the manner in which the members of1566
1781	1640		the authority shall be selected shall ever become the subject of change, the same may be1567
1782	1641		accomplished by an act of the General Assembly.1568
1783	1642		(d) As used in this article, the following words and terms shall have the following meanings:1569
1784	1643		(1) The word "authority" shall mean the City of Dalton Building Authority.1570
1785	1644		(2) The words "the City of Dalton" and "city" shall mean the corporate body created by1571
1786	1645		the General Assembly of Georgia under the name and style of "The City of Dalton."1572
1787	1646		(3) The word "project" shall be deemed to mean and include one or a combination of two1573
1788	1647		or more of the following: buildings and facilities intended for use as courthouse, jail, police1574
1789	1648		station, fire station, administrative offices and other offices and related uses, and all1575
1790	1649		buildings, structures, electric, gas, steam, and water utilities and facilities of every kind and1576
1791	1650		character deemed by the authority necessary or convenient for the efficient operation of1577
1792	1651		any department, board, office, commission, or agency of the City of Dalton in the1578
1793	1652		performance of its governmental, proprietary and administrative functions, or of such1579
1794	1653		buildings and facilities intended for use by any division, department, institution, agency,1580
1795	1654		or political subdivision of the State of Georgia or the government of the United States.1581
1796	1655		(4) The term "cost of the project" shall embrace the cost of construction, the cost of all1582
1797	1656		lands, properties, rights and easements, and franchises acquired, the cost of all machinery1583
1798	1657		and equipment, financing charges, interest prior to and during construction, cost of1584
1799	1658		engineering, architectural and legal expenses, of plans and specifications, and other1585
1800	1659		expenses necessary or incident to determining the feasibility or practicability of the project,1586
1801	1660		administrative expense, and such other expenses as may be necessary or incident to the1587
1802	1661		financing authorized in this section, the construction of any project, the placing of the same1588
1803		-	H. B. 1229
1804		-	- 69 - 24 HB 1229/AP
1805		-	in operation, and the condemnation of property necessary for such construction and
1806		-	1589
	1662	+	- 69 - 24 LC 47 2867S
	1663	+	in operation, and the condemnation of property necessary for such construction and1589
1807	1664		operation. Any obligation or expense incurred for any of the foregoing purposes shall be1590
1808	1665		regarded as a part of the cost of the project and may be paid or reimbursed as such out of1591
1809	1666		the proceeds of revenue bonds issued under the provisions in this section.1592
1810	1667		(5) The terms "revenue bonds" and "bonds," as used in this section, shall mean revenue1593
1811	1668		bonds under the provisions of the Revenue Bond Law, Code Section 36-82-60 of the1594
1812	1669		O.C.G.A., et seq., and such type of obligations may be issued by the authority as1595
1813	1670		authorized under said Revenue Bond Law, and in addition, shall also mean obligations of1596
1814	1671		the authority, the issuance of which are hereinafter specifically provided for herein.1597
1815	1672		(6) Any project or combination of projects shall be deemed "self-liquidating" if, in the1598
1816	1673		judgment of the authority, the revenues to be derived by the authority from rentals of said1599
1817	1674		project or projects to the City of Dalton or agencies, authorities, departments, and political1600
1818	1675		subdivisions of the State of Georgia and of the United States will be sufficient to pay the1601
1819	1676		cost of maintaining, repairing, and operating the project and to pay the principal and1602
1820	1677		interest of revenue bonds which may be issued for the cost of such project, projects, or1603
1821	1678		combination of projects.1604
1822	1679		(e) The authority shall have the powers:1605
1823	1680		(1) To have a seal and alter the same at pleasure;1606
1824	1681		(2) To acquire by purchase, lease, or otherwise, and to hold, lease and dispose of real and1607
1825	1682		personal property of every kind and character for its corporate purposes;1608
1826	1683		(3) To acquire in its own name by purchase, on such terms and conditions and in such1609
1827	1684		manner as it may deem proper or by condemnation in accordance with the provisions of1610
1828	1685		any and all existing laws applicable to the condemnation of property for public use, real1611
1829	1686		property, or rights of easements therein, or franchises necessary or convenient for its1612
1830	1687		corporate purposes, and to use the same so long as its corporate existence shall continue1613
1831	1688		and to lease or make contracts with respect to the use of or dispose of the same in any1614
1832	1689		manner it deems to the best advantage of the authority, the authority being under no1615
1833		-	H. B. 1229
1834		-	- 70 - 24 HB 1229/AP
1835		-	obligation to accept and pay for any property condemned as provided herein except from
1836		-	1616
	1690	+	- 70 - 24 LC 47 2867S
	1691	+	obligation to accept and pay for any property condemned as provided herein except from1616
1837	1692		the funds provided herein, and in any proceedings to condemn, such orders may be made1617
1838	1693		by the court having jurisdiction of the suit, action, or proceedings as may be just to the1618
1839	1694		authority and to the owners of the property to be condemned, and no property shall be1619
1840	1695		acquired as provided herein upon which any lien or other incumbrance exists, unless at the1620
1841	1696		time such property is so acquired a sufficient sum of money be deposited in trust to pay1621
1842	1697		and redeem the fair value of such lien or incumbrance;1622
1843	1698		(4) To appoint and select officers, agents, and employees, including engineering,1623
1844	1699		architectural and construction experts, fiscal agents and attorneys, and fix their1624
1845	1700		compensation;1625
1846	1701		(5) To make contracts and leases and to execute all instruments necessary or convenient,1626
1847	1702		including contracts for construction of projects and leases of projects or contracts with1627
1848	1703		respect to the use of projects which it causes to be erected or acquired, and the City of1628
1849	1704		Dalton and any divisions, departments, institutions, agencies, counties, or political1629
1850	1705		subdivisions of the State of Georgia are hereby authorized to enter into contracts, leases,1630
1851	1706		or agreements with the authority upon such terms and for such purposes as they deem1631
1852	1707		advisable; and without limiting the generality of the above, authority is specifically granted1632
1853	1708		to the said city and any division, department, institution, agency, or political subdivision1633
1854	1709		of the State of Georgia to enter into lease contracts and related agreements for the use of1634
1855	1710		any structure, building, or facility or a combination of any two or more structures,1635
1856	1711		buildings, or facilities of the authority for a term not exceeding 50 years and any division,1636
1857	1712		department, institution, agency, or political subdivision of the State of Georgia may1637
1858	1713		obligate itself to pay an agreed sum for the use of such property and the City of Dalton1638
1859	1714		may enter into lease contracts and related agreements for the use of any structure, building,1639
1860	1715		or facility or a combination of two or more structures, buildings, or facilities of the1640
1861	1716		authority for a term not exceeding 50 years upon a majority vote of its governing body and1641
1862	1717		may obligate itself to pay an agreed sum for the use of such property so leased and also1642
1863		-	H. B. 1229
1864		-	- 71 - 24 HB 1229/AP
1865		-	obligate itself as a part of the undertaking to pay the cost of maintaining, repairing, and
1866		-	1643
	1718	+	- 71 - 24 LC 47 2867S
	1719	+	obligate itself as a part of the undertaking to pay the cost of maintaining, repairing, and1643
1867	1720		operating the property furnished by and leased from the authority;1644
1868	1721		(6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve,1645
1869	1722		equip, operate, and manage projects, as hereinabove defined, to be located on property1646
1870	1723		owned by or leased by the authority, the cost of any such project to be paid in whole or in1647
1871	1724		part from the proceeds of revenue bonds of the authority or from such proceeds and any1648
1872	1725		grant from the United States of America or any agency or instrumentality thereof;1649
1873	1726		(7) To accept loans, grants of money, or materials, or property of any kind from the United1650
1874	1727		States of America or any agency, or instrumentality thereof upon such terms and1651
1875	1728		conditions as the United States of America or such agency or instrumentality may impose.1652
1876	1729		(8) To borrow money for any of its corporate purposes and to issue negotiable revenue1653
1877	1730		bonds payable solely from funds pledged for that purpose, and to provide for the payment1654
1878	1731		of the same and for the rights of the holders thereof;1655
1879	1732		(9) To exercise any power usually possessed by private corporations performing similar1656
1880	1733		functions, which is not in conflict with this charter, the Constitution, and laws of this state;1657
1881	1734		and1658
1882	1735		(10) To do all things necessary or convenient to carry out the powers expressly given in1659
1883	1736		this charter.1660
1884	1737		(f) The authority, or any authority or body which has or which may in the future succeed to1661
1885	1738		the powers, duties, and liabilities vested in the authority created hereby, shall have power1662
1886	1739		and is hereby authorized at one time, or from time to time, to provide by resolution for the1663
1887	1740		issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost1664
1888	1741		as defined of any one or more projects. The principal and interest of such revenue bonds1665
1889	1742		shall be payable solely from the special fund in this section provided for such payment. The1666
1890	1743		bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the1667
1891	1744		maximum limit prescribed in the Revenue Bond Law, Code Section 36-82-60 of the1668
1892	1745		O.C.G.A. et seq., or any amendment thereto, shall be payable semiannually, shall mature at1669
1893		-	H. B. 1229
1894		-	- 72 - 24 HB 1229/AP
1895		-	such time or times not exceeding 30 years from their date or dates, shall be payable in such
1896		-	1670
	1746	+	- 72 - 24 LC 47 2867S
	1747	+	such time or times not exceeding 30 years from their date or dates, shall be payable in such1670
1897	1748		medium of payment as to both principal and interest as may be determined by the authority,1671
1898	1749		and may be made redeemable before maturity, at the option of the authority at such price or1672
1899	1750		prices and under such terms and conditions as may be fixed by the authority in the resolution1673
1900	1751		providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued1674
1901	1752		pursuant to and in conformity with the Revenue Bond Law, Code Section 36-82-60 of the1675
1902	1753		O.C.G.A. et seq., and all procedures pertaining to such issuance and the conditions thereof1676
1903	1754		shall be the same as those contained in said Revenue Bond Law and any amendments1677
1904	1755		thereto.1678
1905	1756		(g) The authority shall determine the form of the bonds, including any interest coupons to1679
1906	1757		be attached thereto, and shall fix the denomination or denominations of the bonds and the1680
1907	1758		place or places of payment of principal and interest thereof which may be at any bank or1681
1908	1759		trust company within or without the state. The bonds may be issued in coupon or registered1682
1909	1760		form or both, as the authority may determine, and provision may be made for the registration1683
1910	1761		of any coupon bond as to the principal alone and also as to both the principal and interest.1684
1911	1762		(h) In case any officer whose signature shall appear on any bonds or whose facsimile1685
1912	1763		signature shall appear on any coupon shall cease to be an officer before the delivery of such1686
1913	1764		bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as1687
1914	1765		if or she had remained in office until such delivery. All such bonds shall be signed by the1688
1915	1766		chairperson of the authority and attested by the secretary and treasurer of the authority and1689
1916	1767		the official seal of the authority shall be affixed thereto and any coupons attached thereto1690
1917	1768		shall bear the facsimile signatures of the chairperson and secretary and treasurer of the1691
1918	1769		authority. Any bond may be signed, sealed, and attested on behalf of the authority by such1692
1919	1770		persons as at the actual time of the execution of such bonds shall be duly authorized or hold1693
1920	1771		the proper office, although at the date of delivery and payment of such bonds such persons1694
1921	1772		may not have been so authorized or shall not have held such office.1695
1922		-	H. B. 1229
1923		-	- 73 - 24 HB 1229/AP
1924		-	(i) All revenue bonds issued under the provisions of this section shall be fully negotiable for
1925		-	1696
	1773	+	- 73 - 24 LC 47 2867S
	1774	+	(i) All revenue bonds issued under the provisions of this section shall be fully negotiable for1696
1926	1775		all purposes and shall have and are hereby declared to have all of the qualifications of1697
1927	1776		negotiable instruments under the laws of the state. Such bonds are declared to be issued for1698
1928	1777		an essential public and governmental purpose and the said bonds and the income thereof1699
1929	1778		shall be exempt from all taxation within the state.1700
1930	1779		(j) The authority may sell such bonds in such manner and for such price as it may determine1701
1931	1780		to be for the best interest of the authority.1702
1932	1781		(k) The proceeds of such bonds shall be used solely for the payment of the cost of the1703
1933	1782		project or projects, and unless otherwise provided in the resolution authorizing the issuance1704
1934	1783		of the bonds or in the trust indenture, additional bonds may in like manner be issued to1705
1935	1784		provide the amount of any deficit, which unless otherwise provided in the resolution1706
1936	1785		authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the1707
1937	1786		same issue and shall be entitled to payment from the same fund without preference or1708
1938	1787		priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any1709
1939	1788		issue shall exceed the amount required for the purpose for which such bonds are issued, the1710
1940	1789		surplus shall be paid into such funds as may be provided in the resolution authorizing the1711
1941	1790		issuance of the bonds or in the trust indenture.1712
1942	1791		(l) Prior to the preparation of definitive bonds, the authority may, under like restrictions,1713
1943	1792		issue interim receipts, interim certificates, or temporary bonds, with or without coupons1714
1944	1793		exchangeable for definitive bonds upon the issuance of the latter.1715
1945	1794		(m) The authority may also provide for the replacement of any bond which shall become1716
1946	1795		mutilated or be destroyed or lost.1717
1947	1796		(n) Such revenue bonds may be issued without any other proceedings. In the discretion of1718
1948	1797		the authority, revenue bonds of a single issue may be issued for the purpose of any particular1719
1949	1798		project. Any resolution, providing for the issuance of revenue bonds upon the provisions1720
1950	1799		hereof, shall become effective immediately upon its passage and need not be published or1721
1951		-	H. B. 1229
1952		-	- 74 - 24 HB 1229/AP
1953		-	posted, and any such resolution may be passed at any regular or special or adjourned meeting
1954		-	1722
	1800	+	- 74 - 24 LC 47 2867S
	1801	+	posted, and any such resolution may be passed at any regular or special or adjourned meeting1722
1955	1802		of the authority by a majority of the quorum as provided in this chapter.1723
1956	1803		(o) Revenue bonds issued by the authority hereunder shall not be deemed to constitute a1724
1957	1804		debt of the City of Dalton, Georgia, nor of any municipality, county, authority, or political1725
1958	1805		subdivision of the State of Georgia or instrumentality of the United States government which1726
1959	1806		may contract with such authority. No contracts entered into by the authority with any such1727
1960	1807		municipality, county, authority, or political subdivision of the State of Georgia or1728
1961	1808		instrumentality of the United States government shall create a debt of the respective1729
1962	1809		municipalities, counties, authorities, or political subdivisions of the State of Georgia within1730
1963	1810		the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia,1731
1964	1811		but any such municipality, county, authority, or political subdivision of the State of Georgia1732
1965	1812		may obligate itself to pay the payments required under such contracts from monies received1733
1966	1813		from taxes and from any other source without creating a debt within the meaning of Article1734
1967	1814		IX, Section V, Paragraph I of the Constitution of the State of Georgia.1735
1968	1815		(p) In the discretion of the authority, any issue of such revenue bonds may be secured by a1736
1969	1816		trust indenture by and between the authority and a corporate trustee, which may be any trust1737
1970	1817		company or bank having the powers of a trust company within or outside of the state. Such1738
1971	1818		trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the1739
1972	1819		authority, including the proceeds derived from the sale from time to time of any surplus1740
1973	1820		property of the authority, both real and personal. Either the resolution providing for the1741
1974	1821		issuance of revenue bonds or such trust indenture may contain such provisions for protecting1742
1975	1822		and enforcing the rights and remedies of the bondholders as may be reasonable and proper1743
1976	1823		and not in violation of law, including covenants setting forth the duties of the authority in1744
1977	1824		relation to the acquisition of property, the construction of the project, the maintenance,1745
1978	1825		operation, repair and insurance of the property, and the custody, safeguarding, and1746
1979	1826		application of all monies, including the proceeds derived from the sale of property of the1747
1980	1827		authority, both real and personal, and may also provide that any project shall be constructed1748
1981		-	H. B. 1229
1982		-	- 75 - 24 HB 1229/AP
1983		-	and paid for under the supervision and approval of consulting engineers, architects employed
1984		-	1749
	1828	+	- 75 - 24 LC 47 2867S
	1829	+	and paid for under the supervision and approval of consulting engineers, architects employed1749
1985	1830		or designated by the authority, and satisfactory to the original purchasers of the bonds issued1750
1986	1831		therefor and may also require that the security given by contractors and by any depository1751
1987	1832		of the proceeds of the bonds, revenues, or other monies be satisfactory to such purchasers,1752
1988	1833		and may also contain provisions concerning the conditions, if any, upon which additional1753
1989	1834		revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated1754
1990	1835		under the laws of this state to act as such depository and to furnish such indemnifying bonds1755
1991	1836		or pledge such securities as may be required by the authority. Such indenture may set forth1756
1992	1837		the rights and remedies of the bondholders and of the trustee, and may restrict the individual1757
1993	1838		right of action of bondholders as is customary in trust indentures securing bonds and1758
1994	1839		debentures of corporations. In addition to the foregoing, such trust indenture may contain1759
1995	1840		such other provisions as the authority may deem reasonable and proper for the security of1760
1996	1841		the bondholders. All expenses incurred in carrying out such trust indenture may be treated1761
1997	1842		as a part of the cost of maintenance, operation, and repair of the project affected by such1762
1998	1843		indenture.1763
1999	1844		(q) The authority shall, in the resolution providing for the issuance of revenue bonds or in1764
2000	1845		the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any1765
2001	1846		officer or person who or any agency, bank, or trust company which shall act as trustee of1766
2002	1847		such funds and shall hold and apply the same to the purposes hereof, subject to such1767
2003	1848		regulations as are herein provided and such regulations as may be provided in such1768
2004	1849		resolution or trust indenture.1769
2005	1850		(r) The revenues, fees, tolls, and earnings derived from any particular project or projects,1770
2006	1851		regardless of whether or not such fees, earnings, and revenues were produced by a particular1771
2007	1852		project for which bonds have been issued and any monies derived from the sale of any1772
2008	1853		properties, both real and personal of the authority, unless otherwise pledged and allocated,1773
2009	1854		may be pledged and allocated by the authority to the payment of the principal and interest1774
2010	1855		on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or1775
2011		-	H. B. 1229
2012		-	- 76 - 24 HB 1229/AP
2013		-	in the trust instrument may provide, and such funds so pledged from whatever source
2014		-	1776
	1856	+	- 76 - 24 LC 47 2867S
	1857	+	in the trust instrument may provide, and such funds so pledged from whatever source1776
2015	1858		received, which said pledge may include funds received from one or more or all sources,1777
2016	1859		shall be set aside at regular intervals as may be provided in the resolution or trust indenture,1778
2017	1860		into a sinking fund which said sinking fund shall be pledged to and charged with the1779
2018	1861		payments of:1780
2019	1862		(1) The interest upon such revenue bonds as such interest shall fall due;1781
2020	1863		(2) The principal of the bonds as the same shall fall due;1782
2021	1864		(3) The necessary charges of paying agent or agents for paying principal and interest; and1783
2022	1865		(4) Any premium upon bonds retired by call or purchase as hereinabove provided.1784
2023	1866		The use and disposition of such sinking fund shall be subject to such regulations as may be1785
2024	1867		provided in the resolution authorizing the issuance of the revenue bonds or in the trust1786
2025	1868		indenture, but, except as may otherwise be provided in such resolution or trust indenture,1787
2026	1869		such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or1788
2027	1870		priority of one over another. Subject to the provisions of the resolution authorizing the1789
2028	1871		issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be1790
2029	1872		applied to the purchase or redemption of bonds and any such bonds so purchased or1791
2030	1873		redeemed shall forthwith be cancelled and shall not again be issued.1792
2031	1874		(s) Any holder of revenue bonds issued under the provisions hereof or any of the coupons1793
2032	1875		appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the1794
2033	1876		rights herein given may be restricted by resolution passed before the issuance of the bonds1795
2034	1877		or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other1796
2035	1878		proceedings, protect, and enforce any and all rights under the laws of the State of Georgia1797
2036	1879		or granted hereunder such resolution or trust indenture, and may enforce and compel1798
2037	1880		performance of all duties required herein or by such resolution or trust indenture, to be1799
2038	1881		performed by the authority, or any officer thereof, including the fixing, charging, and1800
2039	1882		collecting of revenues, fees, tolls, and other charges for the use of the facilities and services1801
2040	1883		furnished.1802
2041		-	H. B. 1229
2042		-	- 77 - 24 HB 1229/AP
2043		-	(t) The authority is hereby authorized to provide by resolution for the issue of revenue bonds
2044		-	1803
	1884	+	- 77 - 24 LC 47 2867S
	1885	+	(t) The authority is hereby authorized to provide by resolution for the issue of revenue bonds1803
2045	1886		of the authority for the purpose of refunding any revenue bonds issued under the provisions1804
2046	1887		hereof and then outstanding, together with accrued interest thereon. The issuance of such1805
2047	1888		revenue refunding bonds, the maturities and all other details thereof, the rights of the holders1806
2048	1889		thereof, and the duties of the authority in respect to the same, shall be governed by the1807
2049	1890		foregoing provisions hereof insofar as the same may be applicable.1808
2050	1891		(u) Any action to protect, or enforce any rights under the provisions of this section or any1809
2051	1892		suit or action against such authority shall be brought in the superior court of Whitfield1810
2052	1893		County, Georgia, and any action pertaining to validation of any bonds issued under the1811
2053	1894		provisions of this section shall likewise be brought in said court which shall have exclusive,1812
2054	1895		original jurisdiction of such actions.1813
2055	1896		(v) Bonds of the authority shall be confirmed and validated in accordance with the1814
2056	1897		procedure of the Revenue Bond Law, Code Section 36-82-60 of the O.C.G.A., et seq. The1815
2057	1898		petition for validation shall also make party defendant to such action any municipality,1816
2058	1899		county, authority, subdivision, or instrumentality of the State of Georgia or the United States1817
2059	1900		government or any department or agency of the United States government, if subject to be1818
2060	1901		sued, which has contracted with the authority for the services and facilities of the project for1819
2061	1902		which bonds are to be issued and sought to be validated and such municipality, county,1820
2062	1903		authority, subdivision, or instrumentality shall be required to show cause, if any, why such1821
2063	1904		contract or contracts and the terms and conditions thereof should not be inquired into by the1822
2064	1905		court and the validity of the terms thereof be determined and the contract or contracts1823
2065	1906		adjudicated as security for the payment of any such bonds of the authority. The bonds when1824
2066	1907		validated and the judgment of validation shall be final and conclusive with respect to such1825
2067	1908		bonds, against the authority issuing the same, and any municipality, county, authority,1826
2068	1909		subdivision, or instrumentality of the United States government, if a party to the validation1827
2069	1910		proceedings, contracting with the said The City of Dalton Building Authority.1828
2070		-	H. B. 1229
2071		-	- 78 - 24 HB 1229/AP
2072		-	(w) While any of the bonds issued by the authority remain outstanding, the powers, duties,
2073		-	1829
	1911	+	- 78 - 24 LC 47 2867S
	1912	+	(w) While any of the bonds issued by the authority remain outstanding, the powers, duties,1829
2074	1913		or existence of said authority or of its officers, employees, or agents shall not be diminished1830
2075	1914		or impaired in any manner that will affect adversely the interest and rights of the holders of1831
2076	1915		such bonds, and no other entity, department, agency, or authority will be created which will1832
2077	1916		compete with the authority to such an extent as to affect adversely the interest and rights of1833
2078	1917		the holders of such bonds, nor will the state itself so compete with the authority. The1834
2079	1918		provisions of this section shall be for the benefit of the authority and the holders of any such1835
2080	1919		bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract1836
2081	1920		with the holders of such bonds.1837
2082	1921		(x) All monies received pursuant to the authority hereof, whether as proceeds from the sale1838
2083	1922		of revenue bonds, as grants, or other contributions, or as revenues, income, fees, and1839
2084	1923		earnings shall be deemed to be trust funds to be held and applied solely as provided for1840
2085	1924		herein.1841
2086	1925		(y) It is hereby declared that the authority will be performing an essential governmental1842
2087	1926		function in the exercise of the power conferred upon it hereunder and that the authority shall1843
2088	1927		be required to pay no taxes or assessments upon any of the property acquired by it or under1844
2089	1928		its jurisdiction, control, possession, or supervision, or upon its activities in the operation and1845
2090	1929		maintenance of the buildings erected or acquired by it or any fees, rentals, or other charges1846
2091	1930		for the use of such buildings, or other income received by the authority.1847
2092	1931		(z) The authority shall have the same immunity and exemption from liability for torts and1848
2093	1932		negligence as the State of Georgia has and the officers, agents, and employees of the1849
2094	1933		authority when in performance of the work of the authority shall have the same immunity1850
2095	1934		and exemption from liability for torts and negligence as the officers, agents, and employees1851
2096	1935		of the State of Georgia. The authority may be sued in the same manner as private1852
2097	1936		corporations may be sued on any contractual obligation of the authority.1853
2098	1937		(aa) The property of the authority shall not be subject to levy and sale under legal process1854
2099	1938		except such property, revenue, income, or funds as may be pledged, assigned, mortgaged,1855
2100		-	H. B. 1229
2101		-	- 79 - 24 HB 1229/AP
2102		-	or conveyed to secure an obligation of the authority, and any such property, revenue, funds,
2103		-	1856
	1939	+	- 79 - 24 LC 47 2867S
	1940	+	or conveyed to secure an obligation of the authority, and any such property, revenue, funds,1856
2104	1941		or income may be sold under legal process or under any power granted by the authority to1857
2105	1942		enforce payment of the obligation.1858
2106	1943		SECTION 11.11.1859
2107	1944		Downtown Dalton development authority.1860
2108	1945		The General Assembly created in and for the City of Dalton, the downtown Dalton1861
2109	1946		development authority for the purpose of the redevelopment of the downtown Dalton area.1862
2110	1947		Said authority shall have the power to employ engineers and planners, to contract for the1863
2111	1948		construction of buildings and other facilities, and to contract with the City of Dalton for the1864
2112	1949		construction, reconstruction, altering, changing and closing of streets and alleys. The1865
2113	1950		authority shall have the power to issue bonds and revenue certificates, and to pledge1866
2114	1951		revenues and to levy and collect taxes within said districts for the retirement of said1867
2115	1952		indebtedness. No taxes shall be levied by said authority on property used for residential1868
2116	1953		purposes or used for school or church purposes. The authority shall have the right and power1869
2117	1954		of eminent domain for the purpose of acquiring property in the carrying out of its aims and1870
2118	1955		objectives.1871
2119	1956		DIVISION 2. AIRPORT AUTHORITY1872
2120	1957		SECTION 11.12.1873
2121	1958		Short title.1874
2122	1959		This section shall be known and may be cited as the "City of Dalton Airport Authority1875
2123	1960		Ordinances."1876
2124		-	H. B. 1229
2125		-	- 80 - 24 HB 1229/AP
2126		-	SECTION 11.13.
2127		-	1877
	1961	+	- 80 - 24 LC 47 2867S
	1962	+	SECTION 11.13.1877
2128	1963		Purposes.1878
2129	1964		The City of Dalton airport authority, was created pursuant to an Act consolidating,1879
2130	1965		amending, and codifying the various Acts incorporating the City of Dalton, approved1880
2131	1966		February 24, 1874, (Ga. L. 1874, p. 181), as amended, and is hereby affirmed. The City of1881
2132	1967		Dalton airport authority's purposes shall be to oversee the day-to-day operation and general1882
2133	1968		management of the existing airport and landing field of the City of Dalton for the use of1883
2134	1969		aircraft and related aeronautical activities.1884
2135	1970		SECTION 11.14.1885
2136	1971		Membership.1886
2137	1972		The City of Dalton airport authority shall be composed of five individuals with qualifications1887
2138	1973		as provided in this section, all of whom shall be appointed by the mayor and council of the1888
2139	1974		City of Dalton pursuant to passage of appropriate resolutions. The members of the City of1889
2140	1975		Dalton airport authority shall be designated by the mayor and council to serve terms for1890
2141	1976		terms of five years. The terms of the members of such authority shall be staggered as in1891
2142	1977		effect on the date of this charter. Upon the death, resignation, or other event creating a1892
2143	1978		vacancy in the seat of any member of the authority, the mayor and council shall fill the1893
2144	1979		vacancy by appointing a qualified individual to fill the unexpired term of the vacating1894
2145	1980		member through passage of an appropriate resolution of the mayor and council. For1895
2146	1981		purposes of determining the time of the regular expiration of any term of office of any1896
2147	1982		member of the authority, a year shall be deemed to run from the date of the first regular1897
2148	1983		meeting of the mayor and council in January of any calendar year until the first regular1898
2149	1984		meeting of the mayor and council in the succeeding calendar year. A member of the1899
2150		-	H. B. 1229
2151		-	- 81 - 24 HB 1229/AP
2152		-	authority must, at the time of appointment by the mayor and council and at all times
2153		-	1900
	1985	+	- 81 - 24 LC 47 2867S
	1986	+	authority must, at the time of appointment by the mayor and council and at all times1900
2154	1987		thereafter, during the tenure of service on the authority possess the following qualifications:1901
2155	1988		(1) Maintain a permanent residence within Whitfield County, Georgia; and1902
2156	1989		(2) Be not less than 18 years of age.1903
2157	1990		SECTION 11.15.1904
2158	1991		Ex officio members.1905
2159	1992		The city administrator or his or her successor in office shall be a nonvoting ex officio1906
2160	1993		member of the authority who shall be entitled to participate in all meetings of the authority.1907
2161	1994		SECTION 11.16.1908
2162	1995		Meetings.1909
2163	1996		The authority shall meet at such times as may be necessary to transact the business and fulfill1910
2164	1997		its public purpose but the authority shall hold an organizational meeting each year within 301911
2165	1998		days of the first meeting of the mayor and council in January. At each organizational1912
2166	1999		meeting, the members of the authority shall elect one of its members as its chairperson and1913
2167	2000		another member as secretary. The term of the chairperson and secretary shall be for a period1914
2168	2001		beginning with their election by the authority and expiring with the organizational meeting1915
2169	2002		of the authority in the following year or upon their death, resignation, or vacancy in the1916
2170	2003		position of authority member for whatever reason, whichever shall earlier occur. In the1917
2171	2004		event of a death, resignation, or vacancy in the position of authority member of the1918
2172	2005		chairperson or secretary of the authority, the members of the authority shall elect one of their1919
2173	2006		members to fill the vacant office for the expiration of the term of office. The chairperson1920
2174	2007		and secretary of the authority may be elected by the authority members for succeeding terms1921
2175	2008		during their tenure. A meeting of the authority may be held upon call of the chairperson, or1922
2176		-	H. B. 1229
2177		-	- 82 - 24 HB 1229/AP
2178		-	any two members of the authority, or upon call of the city administrator as a nonvoting ex
2179		-	1923
	2009	+	- 82 - 24 LC 47 2867S
	2010	+	any two members of the authority, or upon call of the city administrator as a nonvoting ex1923
2180	2011		officio member. A quorum for the transaction of business of the authority shall consist of1924
2181	2012		three voting members of the authority. Each voting member of the authority shall have one1925
2182	2013		vote on all matters and issues to be decided. A vote of the majority of the members of the1926
2183	2014		authority present in person and voting at any meeting of the authority shall carry on any1927
2184	2015		decision to be made.1928
2185	2016		SECTION 11.17.1929
2186	2017		Compensation.1930
2187	2018		No member of the authority shall be paid any salary or compensation for his or her service.1931
2188	2019		However, the mayor and council shall be authorized in its discretion to set by ordinance a1932
2189	2020		mileage allowance and per diem expense for members of the authority traveling or in1933
2190	2021		attendance on official business of the authority. The salary and employment benefits of any1934
2191	2022		staff members of the authority shall be determined by the mayor and council through the1935
2192	2023		budgetary processes of the mayor and council.1936
2193	2024		SECTION 11.18.1937
2194	2025		Staff.1938
2195	2026		The authority shall be authorized to hire, contract with, or appoint an airport manager and1939
2196	2027		such other employees as they deem necessary to carry out the business, affairs, and public1940
2197	2028		purposes of the authority provided compensation and any related benefits to said employees1941
2198	2029		of the authority are included within the budget for the authority set by the mayor and council1942
2199	2030		of the City of Dalton. Further, the authority may employ or retain such expert or consultant1943
2200	2031		services as required to carry on its operations and meet its public purposes subject to the1944
2201	2032		budgetary allowances as set by the mayor and council.1945
2202		-	H. B. 1229
2203		-	- 83 - 24 HB 1229/AP
2204		-	SECTION 11.19.
2205		-	1946
	2033	+	- 83 - 24 LC 47 2867S
	2034	+	SECTION 11.19.1946
2206	2035		Budget.1947
2207	2036		The authority through its chairperson shall submit an annual request for budget to the mayor1948
2208	2037		and council or its designated committee at the times and in the form directed by the mayor1949
2209	2038		and council.1950
2210	2039		SECTION 11.20.1951
2211	2040		Legal services.1952
2212	2041		The city attorney shall serve as counsel and legal adviser to the authority and shall perform1953
2213	2042		such legal services as the authority shall request.1954
2214	2043		SECTION 11.21.1955
2215	2044		Powers.1956
2216	2045		Subject to any general limitations enacted by the mayor and council as well as the budgetary1957
2217	2046		allowances or limitations imposed by the mayor and council and the rights and interests of1958
2218	2047		any holder of bonds or obligations issued by the City of Dalton relating to or affecting1959
2219	2048		property owned, operated, or leased by the city for airport and related aeronautical activities,1960
2220	2049		the authority shall have and exercise the following powers:1961
2221	2050		(1) To have a seal and alter the same at its pleasure;1962
2222	2051		(2) To appoint, select, and employ officers, agents and employees including engineering,1963
2223	2052		architectural, and construction experts, and fiscal agents and fix their respective1964
2224	2053		compensation subject to its budgetary limitations;1965
2225	2054		(3) To oversee the day-to-day operations and general management of the airport and1966
2226	2055		landing field; however, such power shall not include the power to make or terminate1967
2227		-	H. B. 1229
2228		-	- 84 - 24 HB 1229/AP
2229		-	contracts or leases with respect to land, which powers are expressly reserved to the mayor
2230		-	1968
	2056	+	- 84 - 24 LC 47 2867S
	2057	+	contracts or leases with respect to land, which powers are expressly reserved to the mayor1968
2231	2058		and council; and1969
2232	2059		(4) To promulgate rules and regulations for air and ground operations on the airport and1970
2233	2060		landing field all in conformity with applicable provisions of federal, state and local laws,1971
2234	2061		statutes, ordinances, and regulations.1972
2235	2062		SECTION 11.22.1973
2236	2063		Monies payable to general fund.1974
2237	2064		All revenues collected by the authority on leases, franchises, hangar rentals, service fees,1975
2238	2065		surplus property sales, and from any other source shall be properly accounted for and paid1976
2239	2066		over to the general fund of the City of Dalton. The mayor and council shall establish1977
2240	2067		accounts and audit procedures for revenues collected by the authority and shall implement1978
2241	2068		same at all times.1979
2242	2069		ARTICLE XII1980
2243	2070		GENERAL PROVISIONS1981
2244	2071		SECTION 12.10.1982
2245	2072		Bonds for officials.1983
2246	2073		The officers and employees of this city, both elective and appointive, shall execute such1984
2247	2074		surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor1985
2248	2075		and council shall from time to time require by ordinance or as may be provided by law.1986
2249		-	H. B. 1229
2250		-	- 85 - 24 HB 1229/AP
2251		-	SECTION 12.11.
2252		-	1987
	2076	+	- 85 - 24 LC 47 2867S
	2077	+	SECTION 12.11.1987
2253	2078		Prior ordinances.1988
2254	2079		All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent1989
2255	2080		with this charter are hereby declared valid and of full effect and force until amended or1990
2256	2081		repealed by the mayor and council.1991
2257	2082		SECTION 12.12.1992
2258	2083		Pending matters.1993
2259	2084		Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1994
2260	2085		contracts, and legal or administrative proceedings shall continue and any such ongoing work1995
2261	2086		or cases shall be completed by such city agencies, personnel, or offices as may be provided1996
2262	2087		by the mayor and council.1997
2263	2088		SECTION 12.13.1998
2264	2089		Construction.1999
2265	2090		(a) Section captions in this charter are informative only and are not to be considered as a2000
2266	2091		part thereof.2001
2267	2092		(b) The word "shall" is mandatory and the word "may" is permissive.2002
2268	2093		(c) The singular shall include the plural, the masculine shall include the feminine, and vice 2003
2269	2094		versa.2004
2270		-	H. B. 1229
2271		-	- 86 - 24 HB 1229/AP
2272		-	SECTION 12.14.
2273		-	2005
	2095	+	- 86 - 24 LC 47 2867S
	2096	+	SECTION 12.14.2005
2274	2097		Severability.2006
2275	2098		If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall2007
2276	2099		be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect2008
2277	2100		or impair other parts of this charter unless it clearly appears that such other parts are wholly2009
2278	2101		and necessarily dependent upon the part held to be invalid or unconstitutional, it being the2010
2279	2102		legislative intent in enacting this charter that each article, section, subsection, paragraph,2011
2280	2103		sentence, or part thereof be enacted separately and independent of each other.2012
2281	2104		SECTION 12.15.2013
2282	2105		Specific repealer.2014
2283	2106		(a) An Act consolidating, amending, and codifying the various Acts incorporating the City2015
2284	2107		of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), and all amendatory Acts2016
2285	2108		thereto are hereby repealed in their entirety.2017
2286	2109		(b) All laws and parts of laws relating to or affecting the City of Dalton in force when this2018
2287	2110		charter shall take effect are hereby repealed and superseded to the extent that the same are2019
2288	2111		inconsistent with the provisions of this charter and no further.2020
2289	2112		(c) All other laws and parts of laws shall continue in force until repealed, amended,2021
2290	2113		modified or superseded.2022
2291	2114		(d) Insofar as the provisions of this charter are the same in terms or in substance and effect2023
2292	2115		as provisions of law in force when this charter shall take effect, relating to or affecting the2024
2293	2116		City of Dalton, the provisions of this charter are intended to be not a new enactment but a2025
2294	2117		continuation of such provisions of law, and this charter shall be so construed and applied.2026
2295		-	H. B. 1229
2296		-	- 87 - 24 HB 1229/AP
2297		-	SECTION 12.16.
2298		-	2027
	2118	+	- 87 - 24 LC 47 2867S
	2119	+	SECTION 12.16.2027
2299	2120		Repealer.2028
2300	2121		All laws and parts of laws in conflict with this Act are repealed. 2029
2301		-	H. B. 1229
2302	2122		- 88 -