Georgia House Bill HB1229 Latest Draft

                            24 HB 1229/AP
House Bill 1229 (AS PASSED HOUSE AND SENATE)
By: Representatives Carpenter of the 4
th
 and Tarvin of the 2
nd
 
A BILL TO BE ENTITLED
AN ACT
To provide a new charter for the City of Dalton in Whitfield County, Georgia; to provide for
1
incorporation, boundaries, and powers of the city; to provide for a governing authority of2
such city and the powers, duties, authority, election, terms, method of filling vacancies,3
compensation, qualifications, prohibitions, and removal from office relative to members of4
such governing authority; to provide for inquiries and investigations; to provide for5
organization and procedures; to provide for ordinances and codes; to provide for6
administrative responsibilities; to provide for boards, commissions, and authorities; to7
provide for a city administrator, a city attorney, a city clerk, and other personnel; to provide8
for rules and regulations; to provide for a municipal court and the judge or judges thereof;9
to provide for practices and procedures; to provide for taxation and fees; to provide for10
franchises, service charges, and assessments; to provide for bonded and other indebtedness;11
to provide for accounting and budgeting; to provide for the sale of property; to provide for12
penalties; to provide for an independent school system; to provide for public utilities; to13
provide for definitions and construction; to provide for fire and police departments and chiefs14
thereof; to provide for zoning and planning; to provide for a building authority, downtown15
development authority, and airport authority for the city; to provide for related matters; to16
provide for prior ordinances and pending matters; to provide for construction; to provide for17
severability; to repeal specific Acts; to repeal conflicting laws; and for other purposes.18
H. B. 1229
- 1 - 24 HB 1229/AP
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
19
ARTICLE I20
INCORPORATION AND POWERS21
SECTION 1.10.22
Name.23
The City of Dalton in Whitfield County, Georgia, and the inhabitants thereof, are24
reincorporated by the enactment of this charter and are hereby constituted and declared a25
body politic and corporate under the name and style City of Dalton, Georgia, and by that26
name shall have perpetual succession.27
SECTION 1.11.28
Corporate boundaries.29
(a)  The boundaries of the city shall be those existing on the effective date of the adoption30
of this charter with such alterations as may be made from time to time in the manner31
provided by law.  The boundaries of the city at all times shall be shown on a map, a written32
description, or any combination thereof to be retained permanently in the office of the city33
clerk and to be designated, as the case may be: "Official Map (or Description) of the34
corporate limits of Dalton, Georgia."  Photographic, typed, or other copies of such map or35
description certified by the city clerk shall be admitted as evidence in all courts and shall36
have the same force and effect as the original map or description.37
(b)  The mayor and council may provide for the redrawing of any such map or description38
by ordinance to reflect lawful changes in the corporate boundaries.  A redrawn map or39
H. B. 1229
- 2 - 24 HB 1229/AP
description shall supersede for all purposes the entire map or description which it is
40
designated to replace.41
SECTION 1.12.42
Powers and construction.43
(a)  The city shall have all powers possible for a city to have under the present or future44
Constitution and laws of this state as fully and completely as though they were specifically45
enumerated in this charter.  The city shall have all the powers of self-government not46
otherwise prohibited by this charter or by general law.47
(b)  The powers of the city shall be construed liberally in favor of the city.  The specific48
mention or failure to mention particular powers shall not be construed as limiting in any way49
the powers of the city.  These powers shall include, but not be limited to, the following:50
(1)  Animal regulations.  To regulate and license or to prohibit the keeping or running at51
large of animals and fowl, and to provide for the impoundment of same if in violation of52
any ordinance or lawful order; to provide for the disposition by sale, gift, or humane53
destruction of animals and fowl when not redeemed as provided by ordinance; and to54
provide punishment for violation of ordinances enacted in this charter;55
(2)  Appropriations and expenditures.  To make appropriations for the support of the56
government of the city; to authorize the expenditure of money for any purposes authorized57
by this charter and for any purpose for which a municipality is authorized by the laws of58
the State of Georgia; and to provide for the payment of expenses of the city;59
(3)  Building regulation.  To regulate and to license the erection and construction of60
buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, fire,61
property maintenance, and heating and air conditioning codes; and to regulate all housing62
and building trades to the extent permitted by general law;63
H. B. 1229
- 3 - 24 HB 1229/AP
(4) Business regulation and taxation. To levy and to provide for the collection of
64
regulatory fees and taxes on privileges, occupations, trades, and professions as authorized65
by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be66
enacted; to permit and regulate the same; to provide for the manner and method of payment67
of such regulatory fees and taxes; and to revoke such permits after due process for failure68
to pay any city taxes or fees;69
(5)  Condemnation.  To condemn property, inside or outside the corporate limits of the city,70
for present or future use and for any corporate purpose deemed necessary by the mayor and71
council, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other72
applicable laws as are or may hereafter be enacted;73
(6)  Contracts.  To enter into contracts and agreements with other governmental entities and74
with private persons and entities;75
(7) Emergencies. To establish procedures for determining and proclaiming that an76
emergency situation exists within or without the city, and to make and carry out all77
reasonable provisions deemed necessary to deal with or meet such an emergency for the78
protection, safety, health, or well-being of the citizens of the city;79
(8)  Environmental protection.  To protect and preserve the natural resources, environment,80
and vital areas of the city, the region, and the state through the preservation and81
improvement of air quality, the restoration and maintenance of water resources, the control82
of erosion and sedimentation, the management of stormwater and establishment of a83
stormwater utility, the management of solid and hazardous waste, and other necessary84
actions for the protection of the environment;85
(9)  Ethics.  To adopt ethics ordinances and regulations governing the conduct of municipal86
elected officials, appointed officials, and employees, and to establish procedures for ethics87
complaints and set forth penalties for violations of such rules and procedures; 88
(10)  Fire regulations.  To fix and establish fire limits and from time to time to extend,89
enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with90
H. B. 1229
- 4 - 24 HB 1229/AP
general law, relating to both fire prevention and detection and to firefighting; and to
91
prescribe penalties and punishment for violations thereof;92
(11)  Garbage fees.  To levy, fix, assess, and collect garbage, refuse, and trash collection93
and disposal, and other sanitary service charge, tax, or fee for such services as may be94
necessary in the operation of the city from all individuals, firms, and corporations residing95
in or doing business therein benefiting from such services; to enforce the payment of such96
charges, taxes, or fees; and to provide for the manner and method of collecting such service97
charges;98
(12)  General health, safety, and welfare.  To define, regulate, and prohibit any act,99
practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness,100
welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such101
standards;102
(13)  Gifts.  To accept or refuse gifts, donations, bequests, or grants from any source for103
any purpose related to powers and duties of the city and the general welfare of its citizens,104
on such terms and conditions as the donor or grantor may impose;105
(14)  Health and sanitation.  To prescribe standards of health and sanitation and to provide106
for the enforcement of such standards;107
(15)  Jail sentences.  To provide that persons given jail sentences in the city's municipal108
court may work out such sentences in any public works or on the streets, roads, drains, and109
other public property in the city, to provide for commitment of such persons to any jail, to110
provide for the use of pretrial diversion and any alternative sentencing allowed by law, or111
to provide for commitment of such persons to any county work camp or county jail by112
agreement with the appropriate county officials;113
(16)  Motor vehicles.  To regulate the operation of motor vehicles and exercise control over114
all traffic, including parking upon or across the streets, roads, alleys, and walkways of the115
city;116
H. B. 1229
- 5 - 24 HB 1229/AP
(17)  Municipal agencies and delegation of power.  To create, alter, or abolish departments,
117
boards, offices, commissions, and agencies of the city, and to confer upon such agencies118
the necessary and appropriate authority for carrying out all the powers conferred upon or119
delegated to the same;120
(18)  Municipal debts.  To appropriate and borrow money for the payment of debts of the121
city and to issue bonds for the purpose of raising revenue to carry out any project, program,122
or venture authorized by this charter or the laws of the State of Georgia;123
(19)  Municipal property ownership.  To acquire, dispose of, lease, and hold in trust or124
otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or125
outside the corporate limits of the city or the State of Georgia;126
(20)  Municipal property protection.  To provide for the preservation and protection of127
property and equipment of the city and the administration and use of same by the public;128
and to prescribe penalties and punishment for violations thereof;129
(21)  Municipal utilities.  Except as otherwise set forth in this charter, to acquire, lease,130
construct, operate, maintain, sell, and dispose of public utilities, including but not limited131
to a system of waterworks, sewers and drains, sewage disposal, stormwater management,132
gas works, electric light plants, cable television and other telecommunications,133
transportation facilities, public airports, and any other public utility; to fix the taxes,134
charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the135
withdrawal of service for refusal or failure to pay the same;136
(22)  Nuisance.  To define a nuisance and provide for its abatement whether on public or137
private property;138
(23)  Penalties.  To provide penalties for violation of any ordinances adopted pursuant to139
the authority of this charter and the laws of the State of Georgia;140
(24)  Planning and zoning.  To provide comprehensive city planning for development by141
zoning; and to provide subdivision regulation and the like as the mayor and council deems142
necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; 143
H. B. 1229
- 6 - 24 HB 1229/AP
(25)  Police and fire protection.  To exercise the power of arrest through duly appointed
144
police officers, and to establish, operate, or contract for a police and a firefighting agency; 145
(26)  Public hazards: removal.  To provide for the destruction and removal of any building146
or other structure which is or may become dangerous or detrimental to the public;147
(27) Public improvements. To provide for the acquisition, construction, building,148
operation, and maintenance of public ways, parks and playgrounds, recreational facilities,149
cemeteries, public buildings, libraries, public housing, parking facilities, or charitable,150
cultural, educational, recreational, conservation, sport, detentional, penal, and medical151
institutions, agencies, and facilities; and to provide any other public improvements, inside152
or outside the corporate limits of the city and to regulate the use of public improvements;153
and for such purposes, property may be acquired by condemnation under Title 22 and154
Title 32 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted;155
(28)  Public peace.  To provide for the prevention and punishment of loitering, disorderly156
conduct, public drunkenness, riots, and public disturbances;157
(29)  Public transportation.  To organize and operate such public transportation systems as158
are deemed beneficial;159
(30)  Regulation of roadside areas.  To prohibit or regulate and control the erection,160
removal, connection, and maintenance of signs, billboards, trees, shrubs, fences, buildings,161
driveways, curb cuts, and any and all other structures or obstructions upon or adjacent to162
the rights of way of streets and roads or within view thereof, within or abutting the163
corporate limits of the city; and to prescribe penalties and punishment for violation of such164
ordinances;165
(31)  Retirement.  To provide and maintain a retirement plan for officers and employees166
of the city;167
(32)  Roadways.  To lay out, open, extend, widen, narrow, establish, or change the grade168
of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise169
improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and170
H. B. 1229
- 7 - 24 HB 1229/AP
walkways within the corporate limits of the city; to grant franchises and rights of way
171
throughout the streets, roads, and over the bridges and viaducts for the use of public172
utilities; and to require real estate owners to repair and maintain in a safe condition the173
sidewalks adjoining their lots or lands, and to impose penalties for failure to do so;174
(33) Sale of alcoholic beverages. The mayor and council shall have the power by175
ordinance to regulate, license, and tax the wholesale and retail sale of alcoholic beverages176
within the city in a manner consistent with state law; and shall have the power to establish177
and impose by ordinance fines, license suspensions, and license revocations for violations178
of alcoholic beverage ordinances;179
(34)  Sewer fees.  To levy a fee, charge, or sewer tax as necessary to assure the acquiring,180
constructing, equipping, operating, maintaining, and extending of a sewage disposal plant181
and sewerage system, and to levy on those to whom sewers and sewerage systems are made182
available a sewer service fee, charge, or sewer tax for the availability or use of the sewers;183
to provide for the manner and method of collecting such service charges and for enforcing184
payment of the same; and to charge, impose, and collect a sewer connection fee or fees to185
those connected with the system;186
(35)  Solid waste disposal.  To provide for the collection and disposal of garbage, rubbish,187
and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by188
others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper,189
and other recyclable materials and to provide for the sale of such items;190
(36)  Special areas of public regulation.  To regulate or prohibit junk dealers and the191
manufacture and sale of intoxicating liquors; to regulate the transportation, storage, and use192
of combustible, explosive, and inflammable materials, the use of lighting and heating193
equipment, and any other business or situation which may be dangerous to persons or194
property; to regulate and control the conduct of peddlers and itinerant traders, theatrical195
performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and196
H. B. 1229
- 8 - 24 HB 1229/AP
tax professional fortune telling, palmistry, and massage parlors; and to restrict adult
197
bookstores and other adult entertainment establishments to certain areas;198
(37)  Special assessments.  To levy and provide for the collection of special assessments199
to cover the costs for any public improvements;200
(38)  Taxes: ad valorem.  To levy and provide for the assessment, valuation, revaluation,201
and collection of taxes on all property subject to taxation; and to provide homestead202
exemption from such taxes.203
(39)  Taxes: other.  To levy and collect such other taxes as may be allowed now or in the204
future by law;205
(40)  Urban redevelopment.  To organize and operate an urban redevelopment program; 206
(41)  Vehicles for hire.  To regulate and license vehicles operated for hire in the city; to207
limit the number of such vehicles; to require the operators thereof to be licensed; to require208
public liability insurance on such vehicles in the amounts to be prescribed by ordinance;209
and to regulate the parking of such vehicles; and210
(42)  Other powers.  To exercise and enjoy all other powers, functions, rights, privileges,211
and immunities necessary or desirable to promote or protect the safety, health, peace,212
security, good order, comfort, convenience, or general welfare of the city and its213
inhabitants; to exercise all implied powers necessary or desirable to carry into execution214
all powers granted in this charter as fully and completely as if such powers were fully215
stated in this Act; and to exercise all powers now or in the future authorized to be exercised216
by other municipal governments under other laws of the State of Georgia; and any listing217
of particular powers in this charter shall not be held to be exclusive of others or restrictive218
of general words and phrases granting powers, but shall be held to be in addition to such219
powers unless expressly prohibited to municipalities under the Constitution or applicable220
laws of the State of Georgia.221
H. B. 1229
- 9 - 24 HB 1229/AP
SECTION 1.13.
222
Exercise of powers.223
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or224
employees shall be carried into execution as provided by this charter.  If this charter makes225
no provision, such shall be carried into execution as provided by ordinance, resolution, or as226
provided by pertinent laws of the State of Georgia.227
ARTICLE II228
GOVERNMENT STRUCTURE229
SECTION 2.10.230
Mayor and council; number; wards; election.231
The legislative authority of the government of the city, except as otherwise specifically232
provided in this charter, shall be vested in a governing body to be composed of a mayor and233
four councilmembers who shall be known as the Mayor and Council of the City of Dalton,234
Georgia. The governing body established shall in all respects be a successor to and235
continuation of the governing authority under prior law.  The mayor and councilmembers236
shall be elected in the manner provided by general law and this charter.  For the purpose of237
electing councilmembers, the city shall consist of four wards.  The boundaries of the four238
wards shall be those existing on the effective date of the adoption of this charter with such239
alterations as may be made from time to time in the manner provided by law. The240
boundaries of each ward at all times shall be shown on a map, a written description, or any241
combination thereof, to be retained in the office of the city clerk and to be designated, as the242
case may be: "Official Map (or Description) of the Election Wards of the City of Dalton,243
Georgia."  Photographic, typed, or other copies of such map or description certified by the244
H. B. 1229
- 10 - 24 HB 1229/AP
city clerk shall be admitted as evidence in all courts and shall have the same force and effect
245
as the original map or description.  Each candidate for the position of councilmember must246
reside in the ward he or she seeks to represent, but such wards shall be residency wards only247
and not voting wards.  All elections for mayor and councilmembers shall be elected at large248
by the voters of the entire city.249
SECTION 2.11.250
Terms and qualifications for office for mayor and councilmembers.251
The mayor and councilmembers shall serve for terms of four years and until their respective252
successors are elected and qualified.  No person shall be eligible to serve as mayor or253
councilmember unless that person shall have been a resident of the area comprising the254
corporate limits of the city for a continuous period of at least 12 months immediately prior255
to the date of the election for mayor or councilmember, shall continue to reside therein256
during that person's period of service, and shall continue to be registered and qualified to vote257
in municipal elections of the city.  In addition to the requirements in this section, no person258
shall be eligible to serve as a councilmember representing a ward unless that person has been259
a resident of the ward such person seeks to represent for a continuous period of at least six 260
months immediately prior to the date of the election for councilmember and continues to261
reside in such ward during that person's period of service.  In the event that a councilmember262
no longer resides in the ward he or she was elected to represent, such councilmember shall263
immediately resign from the council.  The terms of councilmembers shall be staggered as in264
effect on the date of this charter.  For purposes of this provision, a person shall be deemed265
to be a resident where he or she is domiciled.266
H. B. 1229
- 11 - 24 HB 1229/AP
SECTION 2.12.
267
Vacancy; filling of vacancies.268
(a)  The office of mayor or councilmember shall become vacant upon the incumbent's death,269
resignation, forfeiture of office, removal from office in any manner authorized by this270
charter, or occurrence of any event specified by the Constitution of the State of Georgia,271
Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.272
(b)  A vacancy in the office of mayor or councilmember shall be filled for the remainder of273
the unexpired term, if any, by appointment by the mayor and council or those members274
remaining if less than 12 months remains in the unexpired term. If such vacancy occurs 12275
months or more prior to the expiration of the term of that office, it shall be filled for the276
remainder of the unexpired term by a special election, as provided for in Section 5.13 of this277
charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are278
or may hereafter be enacted.279
(c)  This provision shall also apply to a temporary vacancy created by the suspension from280
office of the mayor or any councilmember.281
SECTION 2.13.282
Compensation and expenses.283
The mayor and councilmembers shall receive compensation and expenses for their services284
as provided by ordinance.  The compensation in effect as of the date of enactment of this285
charter shall continue until modified as provided herein.286
H. B. 1229
- 12 - 24 HB 1229/AP
SECTION 2.14.
287
Conflicts of interest; holding other offices.288
(a)  Elected and appointed officers of the city are trustees and servants of the residents of the289
city and shall act in a fiduciary capacity for the benefit of such residents.290
(b)  No elected official, appointed officer, or employee of the city, any agency, or political291
entity to which this charter applies shall knowingly:292
(1)  Engage in any business or transaction, or have a financial or other personal interest,293
direct or indirect, which is incompatible with the proper discharge of that person's official294
duties or which would tend to impair the independence of the official's judgment or action295
in the performance of those official duties;296
(2)  Engage in or accept private employment, or render services for private interests when297
such employment or service is incompatible with the proper discharge of that person's298
official duties or would tend to impair the independence of the official's judgment or action299
in the performance of those official duties;300
(3)  Disclose confidential information, including information obtained at meetings which301
are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,302
government, or affairs of the governmental body by which the official is engaged without303
proper legal authorization; or use such information to advance the financial or other private304
interest of the official or others;305
(4)  Accept any valuable gift, whether in the form of service, loan, thing, or promise, from306
any person, firm, or corporation which to the official's knowledge is interested, directly or307
indirectly, in any manner whatsoever, in business dealings with the governmental body by308
which the official is engaged; provided, however, that an elected official who is a candidate309
for public office may accept campaign contributions and services in connection with any310
such campaign;311
H. B. 1229
- 13 - 24 HB 1229/AP
(5)  Represent other private interests in any action or proceeding against this city or any
312
portion of its government; or313
(6)  Vote or otherwise participate in the negotiation or in the making of any contract with314
any business or entity in which the official has a financial interest.315
(c)  Any elected official, appointed officer, or employee who shall have any financial316
interest, directly or indirectly, in any contract or matter pending before or within any317
department of the city shall disclose such interest to the city council.  The mayor or any318
councilmember who has a financial interest in any matter pending before the city council319
shall disclose such interest and such disclosure shall be entered on the records of the city320
council, and that official shall disqualify himself or herself from participating in any decision321
or vote relating thereto.  Any elected official, appointed officer, or employee of any agency322
or political entity to which this charter applies who shall have any financial interest, directly323
or indirectly, in any contract or matter pending before or within such entity shall disclose324
such interest to the governing body of such agency or entity.325
(d)  No elected official, appointed officer, or employee of the city, or any agency or entity326
to which this charter applies shall use property owned by such governmental entity for327
personal benefit or profit but shall use such property only in their capacity as an officer or328
employee of the city.329
(e)  Any violation of this section which occurs with the knowledge, express or implied, of330
a party to a contract or sale shall render said contract or sale voidable at the option of the city331
council.332
(f)  Except where authorized by law, neither the mayor nor any councilmember shall hold333
any other elective or appointive office in the city or otherwise be employed by said334
government or any agency thereof during the term for which that official was elected.335
(g)  No appointive officer of the city shall continue in such employment upon qualifying as336
a candidate for nomination or election to any public office.  No employee of the city shall337
continue in such employment upon qualifying for or election to any public office in this city338
H. B. 1229
- 14 - 24 HB 1229/AP
or any other public office which is inconsistent, incompatible, or in conflict with the duties
339
of the city employee.  Such determination shall be made by the mayor and council either340
immediately upon election or at any time such conflict may arise.341
(h)(1)  Any city officer or employee who knowingly conceals such financial interest or342
knowingly violates any of the requirements of this section shall be guilty of malfeasance343
in office or position and shall be deemed to have forfeited that person's office or position.344
(2)  Any officer or employee of the city who shall forfeit an office or position as described345
in paragraph (1) of this subsection, shall be ineligible for appointment or election to or346
employment in a position in the city government for a period of three years thereafter.347
SECTION 2.15.348
Inquiries and investigations.349
Following the adoption of an authorizing resolution, the mayor and council may make350
inquiries and investigations into the affairs of the city and the conduct of any department,351
office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths,352
take testimony, and require the production of evidence.  Any person who fails or refuses to353
obey a lawful order issued in the exercise of these powers by the mayor and council shall be354
punished as provided by ordinance.355
SECTION 2.16.356
General power and authority of the mayor and council.357
(a)  Except as otherwise provided by law or this charter, the mayor and council shall be358
vested with all the powers of government of this city.359
(b)  In addition to all other powers conferred upon it by law, the mayor and council shall360
have the authority to adopt and provide for the execution of such ordinances, resolutions,361
H. B. 1229
- 15 - 24 HB 1229/AP
rules, and regulations, not inconsistent with this charter and the Constitution and the laws of
362
the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good363
order, protection of life and property, health, welfare, sanitation, comfort, convenience,364
prosperity, or well-being of the inhabitants of the City of Dalton and may enforce such365
ordinances by imposing penalties for violation thereof.366
(c)  In addition to all other powers conferred upon it by law, the mayor and council shall have367
the power and authority to appoint, remove, demote, and discharge the head of any368
department of the city at any time in the mayor and council's discretion, except as otherwise369
provided by this charter, ordinance, or by law.370
SECTION 2.17.371
Eminent domain.372
The mayor and council is hereby empowered to acquire, construct, operate, and maintain373
public ways, parks, public grounds, cemeteries, markets, market houses, public buildings,374
libraries, sewers, drains, sewage treatment, stormwater, infrastructure, waterworks, electrical375
systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport,376
curative, corrective, detentional, penal, and medical institutions, agencies and facilities, and377
any other public improvements inside or outside the city and to regulate the use thereof, and378
for such purposes, property may be condemned under procedures established under general379
law applicable now or as provided in the future.380
SECTION 2.18.381
Organizational meetings.382
The mayor and council shall hold an organizational meeting on the first regularly scheduled383
meeting in January following the November election in which a councilmember seat or the384
H. B. 1229
- 16 - 24 HB 1229/AP
mayoral position is on the ballot.  The meeting shall be called to order by the mayor or the
385
city clerk and the oath of office shall be administered to the newly elected members by the386
city attorney or a judicial officer authorized to administer oaths and shall, to the extent that387
it comports with federal and state law, be as follows:388
"I do solemnly (swear)(affirm) that I will faithfully perform the duties of (title of office)389
of this city and that I will support and defend the charter thereof as well as the constitution390
and laws of the State of Georgia and of the United States of America.  I am not the holder391
of any unaccounted for public money due this state or any political subdivision or authority392
thereof.  I am not the holder of any office of trust under the government of the United393
States, any other state, or any foreign state which I by the laws of the State of Georgia am394
prohibited from holding.  I am otherwise qualified to hold said office according to the395
Constitution and laws of Georgia.  I have been a resident of my district and the City of396
Dalton for the time required by the Constitution and laws of this state and by the municipal397
charter.  I will perform the duties of my office in the best interest of the City of Dalton to398
the best of my ability without fear, favor, affection, reward, or expectation thereof."399
SECTION 2.19.400
Regular and special meetings.401
(a)  The mayor and council shall hold regular meetings at such times and places as shall be402
prescribed by ordinance. All meetings shall be held in accordance with Code403
Section 50-14-1 of the O.C.G.A.404
(b)  Special meetings of the mayor and council may be held on call of the mayor or two405
councilmembers.  Notice of such special meetings shall be served on all other members406
personally, by telephone personally, or by electronic transmission, at least 24 hours in407
advance of the meeting. Such notice shall not be required if the mayor and all408
councilmembers are present when the special meeting is called.  Such notice of any special409
H. B. 1229
- 17 - 24 HB 1229/AP
meeting may be waived by a councilmember and the mayor in writing before or after such
410
a meeting, and attendance at the meeting shall also constitute a waiver of notice on any411
business transacted in such councilmember's or mayor's presence.  Only the business stated412
in the call may be transacted at the special meeting.413
(c)  All meetings of the mayor and council shall be public to the extent required by law, and414
notice to the public of special meetings shall be made as fully as is reasonably possible as415
provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or416
may hereafter be enacted.417
SECTION 2.20.418
Rules of procedure.419
(a)  The mayor and council shall adopt its rules of procedure and order of business consistent420
with the provisions of this charter and shall provide for keeping minutes of its proceedings,421
which shall be a public record.422
(b)  Except as otherwise provided by resolution or ordinance, all committees composed423
entirely of members of the mayor and council shall be appointed by the mayor and shall424
serve at the pleasure of the mayor.425
SECTION 2.21.426
Quorum: voting.427
(a)  Except as otherwise provided in this charter, three councilmembers shall constitute a428
quorum and shall be authorized to transact the business of the mayor and council.  In the429
event only two councilmembers are eligible to vote on a matter due to the absence,430
abstention, or recusal of two councilmembers, then the mayor and two councilmembers shall431
constitute a quorum and shall be authorized to transact the business of the mayor and council.432
H. B. 1229
- 18 - 24 HB 1229/AP
The mayor pro tempore acting in the absence of the mayor shall be counted as a
433
councilmember for the purposes of determining a quorum and voting.  Except as otherwise434
provided in this charter, the affirmative vote of three councilmembers shall be required for435
the adoption of any ordinance, resolution, or motion.  In the event the quorum is comprised436
of the mayor and two  councilmembers, then the affirmative vote of the mayor and two437
councilmembers shall be required for the adoption of any ordinance, resolution, or motion. 438
In the case of a tie vote among the four councilmembers, the vote of two councilmembers439
and the mayor shall be required for the adoption of any ordinance, resolution, or motion. 440
Voting on the adoption of ordinances, resolutions, or motions shall be by voice vote and the441
vote shall be recorded in the minutes of the proceedings, but any member of the mayor and442
council shall have the right to request a roll-call vote and such vote shall be recorded in the443
minutes of the proceedings.  An abstention or recusal shall not be counted as a vote for or444
against and will not defeat a quorum.445
(b)  No member of the city council shall abstain from voting on any matter properly brought446
before the council for official action except when such councilmember has a conflict of447
interest which is disclosed in writing prior to or orally at the meeting and made a part of the448
minutes.  Any member of the city council present and eligible to vote on a matter and449
refusing to do so for any reason other than a properly disclosed and recorded conflict of450
interest shall be deemed to have acquiesced or concurred with the members of the majority451
who did vote on the question involved.452
SECTION 2.22.453
Ordinance form; procedures.454
(a)  Every proposed ordinance shall be introduced in writing and in the form required for455
final adoption.  No ordinance shall contain a subject which is not expressed in its title.  The456
enacting clause shall be "BE IT ORDAINED by the Mayor and Council of the City of Dalton457
H. B. 1229
- 19 - 24 HB 1229/AP
and by authority of the same, IT IS HEREBY ORDAINED" and every ordinance shall so
458
begin.459
(b)  An ordinance may be introduced by any councilmember or the mayor and be read at a460
regular or special meeting of the mayor and council.  Ordinances shall be considered and461
adopted or rejected by the mayor and council in accordance with the rules which it shall462
establish; provided, however, that an ordinance shall not be adopted the same day it is463
introduced, except for emergency ordinances provided for in Section 2.24 of this charter.464
Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to465
the mayor and to each councilmember and shall file a reasonable number of copies in the466
office of the clerk and at such other public places as the city council may designate.467
SECTION 2.23.468
Action requiring an ordinance.469
Acts of the mayor and council which have the force and effect of law shall be enacted by470
ordinance.471
SECTION 2.24.472
Emergencies.473
(a)  To meet a public emergency affecting life, health, property, or public peace, the mayor474
and council may convene on the call of the mayor or two councilmembers and promptly475
adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or476
extend a franchise; or authorize the borrowing of money except for loans to be repaid477
within 30 days.  An emergency ordinance shall be introduced in the form prescribed for478
ordinances generally, except that it shall be plainly designated as an emergency ordinance479
and shall contain, after the enacting clause, a declaration stating that an emergency exists,480
H. B. 1229
- 20 - 24 HB 1229/AP
and describing the emergency in clear and specific terms.  An emergency ordinance may be
481
adopted, with or without amendment, or rejected at the meeting at which it is introduced.  It482
shall become effective upon adoption or at such later time as it may specify. Every483
emergency ordinance shall automatically stand repealed 30 days following the date upon484
which it was adopted, but this shall not prevent reenactment of the ordinance in the manner485
specified in this section if the emergency still exists.  An emergency ordinance may also be486
repealed by adoption of a repealing ordinance in the same manner specified in this section487
for adoption of emergency ordinances.488
(b)  Such meetings shall be open to the public to the extent required by law, and notice to the489
public of emergency meetings shall be made as fully as is reasonably possible in accordance490
with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may491
hereafter be enacted.492
SECTION 2.25.493
Codes of technical regulations.494
(a) The mayor and council may adopt any standard code of technical regulations by495
reference thereto in an adopting ordinance.  The procedure and requirements governing such496
adopting ordinance shall be as prescribed for ordinances generally except that:497
(1)  The requirements of Section 2.22(b) of this charter for distribution and filing of copies498
of the ordinance shall be construed to include copies of any code of technical regulations,499
as well as the adopting ordinance; and500
(2) A copy of each adopted code of technical regulations, as well as the adopting501
ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of this502
charter.503
(b)  Copies of any adopted code of technical regulations shall be made available by the city504
clerk or building inspector for inspection by the public.505
H. B. 1229
- 21 - 24 HB 1229/AP
SECTION 2.26.
506
Signing; authenticating; recording; codification; printing.507
(a)  The city clerk shall authenticate all ordinances adopted by the mayor and council by his508
or her signature and record in full in a properly indexed book kept for that purpose.509
(b)  The mayor and council shall provide for the preparation of a general codification of all510
the ordinances of the city having the force and effect of law.  The general codification shall511
be adopted by the mayor and council by ordinance and shall be published, together with all512
amendments thereto and such codes of technical regulations and other rules and regulations513
as the mayor and council may specify.  This codification shall be known and may be cited514
officially as "The Code of the City of Dalton, Georgia."  Copies of the code shall be515
furnished to all officers, departments, and agencies of the city and made available for516
purchase by the public at a reasonable price as fixed by the mayor and council.517
(c)  The mayor and council shall cause each ordinance and each amendment to this charter518
to be printed promptly following its adoption, and the printed ordinances and charter519
amendments shall be made available for purchase by the public at reasonable prices to be520
fixed by the mayor and council.  Following publication of the first code under this charter521
and at all times thereafter, the ordinances and charter amendments shall be printed in522
substantially the same style as the code currently in effect and shall be suitable in form for523
incorporation therein.  The mayor and council shall make such further arrangements as524
deemed desirable with reproduction and distribution of any current changes in or additions525
to codes of technical regulations and other rules and regulations included in the code.526
H. B. 1229
- 22 - 24 HB 1229/AP
SECTION 2.27.
527
City administrator; appointment; qualifications; compensation.528
The mayor and council shall appoint a city administrator for an indefinite term and shall fix529
the city administrator's compensation.  The city administrator shall be appointed solely on530
the basis of executive and administrative qualifications.531
SECTION 2.28.532
Removal of city administrator.533
The city administrator is employed at will and may be summarily removed from office at any534
time by the mayor and council at a meeting held in accordance with this charter.  In this535
matter the mayor shall be entitled to cast a vote without regard to a tie vote among the536
councilmembers.537
SECTION 2.29.538
Powers and duties of the city administrator.539
The city administrator shall be the chief executive and administrative officer of the city.  The540
city administrator shall be responsible to the city council for the administration of all city541
affairs placed in the city administrator's charge by or under this charter.  As the chief542
executive and administrative officer, the city administrator shall:543
(1)  Supervise the administration of all departments, offices, and agencies of the city,544
except as otherwise provided by this charter or by law;545
(2)  To act as budget officer for the City of Dalton pursuant to the powers set forth in Code546
Section 36-81-1of the O.C.G.A., et seq.  To further set the budgetary calendar to meet the547
requirements of law and prescribe the form for presentation of any budgetary request to the548
H. B. 1229
- 23 - 24 HB 1229/AP
City of Dalton.  Budget requests shall be initially filed with the city administrator. The city
549
administrator shall annually, or more often as may be required by the mayor and council,550
prepare and propose a balanced budget for the City of Dalton;551
(3)  Care and be responsible for all buildings and all real and personal property of the city;552
(4)  In the event there is not an acting department head, appoint, suspend, or remove all city553
employees in such department, except as otherwise provided by law or this charter;554
(5)  Advise the mayor and council on the hiring or termination of department heads over555
whom the city administrator has management and supervision responsibility;556
(6)  Attend meetings of the mayor and council and its committees and assist all of the557
standing or special committees of the city and make available to them such information as558
may be needed;559
(7)  Advise and assist the mayor and councilmembers in the performance of their duties;560
(8)  Review and advise the mayor and council regarding the activities of the various561
departments, bureaus, boards, commissions, authorities, of the city under the direct562
authority of the mayor and council;563
(9)  Serve ex officio as a nonvoting member of all boards, commissions, authorities, or564
agencies of the city under the direct authority of the mayor and council, except for those565
boards, commissions, authorities, or agencies created under local act or for which authority566
is provided by general statute of the General Assembly of Georgia; and567
(10)  Perform all other duties as may be lawfully delegated to him or her by the mayor and568
council.569
SECTION 2.30.570
Mayor and council interference with administration.571
Except as otherwise provided in this charter and except for the purpose of inquiries and572
investigations under Section 2.15 of this charter, the mayor and council or its members shall573
H. B. 1229
- 24 - 24 HB 1229/AP
provide orders or direction to city officers and employees who are subject to the direction
574
and supervision of the city administrator through the city administrator, and neither the575
mayor and council nor its members shall give orders to any such officer or employee, either576
publicly or privately.577
SECTION 2.31.578
Powers and duties of mayor.579
The mayor shall:580
(1)  Preside at all meetings of the city council;581
(2)  Present first draft of agenda at all meetings of the city council;582
(3)  Be the head of the city for the purpose of service of process and for ceremonial583
purposes, and be the official spokesperson for the city and the chief advocate of policy;584
(4)  Be the deciding vote on matters before the city council in the event of a tied vote of the585
councilmembers;586
(5)  Have power to administer oaths and to take affidavits; and587
(6)  Sign as a matter of course on behalf of the city all written and approved contracts,588
ordinances and other instruments executed by the city which by law are required to be in589
writing.590
SECTION 2.32.591
Selection of mayor pro tempore.592
By a majority vote of the mayor and council, a councilmember shall be elected to serve as593
mayor pro tempore who shall serve at the pleasure of the mayor and council for same term594
as the mayor.  The mayor pro tempore shall continue to vote and otherwise participate as a595
councilmember.596
H. B. 1229
- 25 - 24 HB 1229/AP
SECTION 2.33.
597
Mayor pro tempore.598
During the absence or physical or mental disability of the mayor for any cause, the mayor599
pro tempore, or in the mayor pro tempore's absence or disability for any reason, any one of600
the councilmembers chosen by a majority vote of councilmembers, shall be clothed with all601
the rights and privileges of the mayor and shall perform the duties of the office of the mayor602
so long as such absence or disability shall continue.  Any such absence or disability shall be603
declared by majority vote of all councilmembers.  The mayor pro tempore or selected604
councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying605
financial interest as provided in Section 2.14 of this charter.606
ARTICLE III607
ADMINISTRATIVE AFFAIRS608
SECTION 3.10.609
Chief financial officer.610
(a)  The office of chief financial officer is created and established for the city with the611
powers, duties, method of appointment, qualifications, term of office, and compensation as612
hereinafter provided.613
(b)  The mayor and council by a majority vote shall appoint a chief financial officer for an614
indefinite term by motion recorded in the minutes of the proceedings of the mayor and615
council.  In this matter the mayor may cast a vote without regard to a tie vote among the616
councilmembers.617
(c)  The compensation of the chief financial officer shall be fixed by the city administrator.618
H. B. 1229
- 26 - 24 HB 1229/AP
(d)  The chief financial officer shall be the director of the department of finance and shall
619
report to the city administrator.620
(e)  The chief financial officer shall perform such financial duties as may be assigned by the621
city administrator or as may be required by law.622
(f)  The chief financial officer may be suspended and or removed by a majority vote of the623
mayor and council.  In this matter the mayor may cast a vote without regard to a tie vote624
among the councilmembers.625
SECTION 3.11.626
City clerk.627
(a)  The mayor and council shall appoint a city clerk for an indefinite term by motion628
recorded in the minutes of the proceedings of the mayor and council who shall not be an629
elected officer or the head of any other department of the city.  The city clerk shall report to630
the city administrator.  The city clerk may be suspended and or removed by a majority vote631
of the mayor and council.  In this matter the mayor may cast a vote without regard to a tie632
vote among the councilmembers.633
(b)  The city clerk shall be the custodian of the official city seal and city records; attend all634
meetings of the mayor and council and keep accurate minutes of all its proceedings; maintain635
all oaths taken by officers and employees of the city; supervise and keep a record of all636
elections; maintain a record of all appointments to office; be the custodian of all city637
contracts, deeds to city real estate, and leases of city property; authenticate and certify city638
documents; and undertake such additional tasks as may be assigned by the city administrator639
from time to time.640
(c)  The compensation of the city clerk shall be fixed by the city administrator.641
H. B. 1229
- 27 - 24 HB 1229/AP
SECTION 3.12.
642
City auditor.643
(a)  The mayor and council shall appoint a city auditor for an indefinite term who shall be a644
certified public accountant or a certified public accountant firm.  The city auditor shall be645
responsible for providing an annual independent audit of all city accounts, funds, and646
financial transactions in accordance with generally accepted auditing principles.647
(b)  The city auditor is not a public official of the city and does not take an oath of office. 648
The city auditor shall at all times be an independent contractor.649
(c)  The city auditor shall be removed at any time upon majority vote of the mayor and650
council.  In this matter the mayor may cast a vote without regard to a tie vote among the651
councilmembers.652
SECTION 3.13.653
City attorney.654
The mayor and council shall appoint a city attorney who has been recommended by the city655
administrator for an indefinite term who shall be a member in good standing of the State Bar656
of Georgia, and shall have practiced law for at least five years at the time of his or her657
appointment, together with such assistant city attorneys as may be authorized, and shall658
provide for the payment of such attorney or attorneys for services rendered to the city.  The659
city attorney may be removed by the majority vote of the mayor and council.  In this matter660
the mayor may cast a vote without regard to a tie vote among the councilmembers.  The city661
attorney shall be responsible for providing for the representation and defense of the city in662
all litigation in which the city is a party; may be the prosecuting attorney in the municipal663
court; shall attend the meetings of the mayor and council and its commissions and664
authorities; shall advise the mayor, councilmembers, and other officers and employees of the665
H. B. 1229
- 28 - 24 HB 1229/AP
city concerning legal aspects of the city's affairs; and shall perform such other duties as may
666
be required by virtue of the position as city attorney.  The city attorney shall review all667
contracts of the city but shall not have the power to bind the city.668
SECTION 3.14.669
Administrative and service departments.670
(a)  Except as otherwise provided in this charter, the mayor and council, by ordinance or671
resolution, shall prescribe the functions or duties of, and establish, abolish, alter, consolidate,672
or leave vacant, all nonelective offices, positions of employment, departments, and agencies673
of the city as necessary for the proper administration of the affairs and government of the674
city.675
(b)  Except as otherwise provided by this charter or by law, the directors of departments and676
other appointed officers of the city shall be appointed solely on the basis of their respective677
administrative and professional qualifications.678
(c)  All appointive officers and directors of departments shall receive such compensation as679
prescribed by the city administrator.680
(d)  There shall be a director of each department or agency who shall be its principal officer.681
Each director shall, subject to the direction and supervision of the city administrator, be682
responsible for the administration and direction of the affairs and operations of that director´s683
department or agency.684
(e)  The director of each department or agency may be removed by the majority vote of the685
mayor and council.  In this matter the mayor may cast a vote without regard to a tie vote686
among the councilmembers.687
H. B. 1229
- 29 - 24 HB 1229/AP
SECTION 3.15.
688
Boards, commissions, and authorities.689
General Authority.690
(1)  The mayor and council shall create by ordinance such boards, commissions, and691
authorities to fulfill any investigative, advisory, quasi-judicial, or quasi-legislative function692
as the mayor and council deems necessary and shall by ordinance establish the693
composition, period of existence, duties, and powers thereof;694
(2)  All members of boards, commissions, and authorities of the city shall be appointed by695
the mayor and council for such terms of office and in such manner as shall be provided by696
ordinance, except where other appointing authority, terms of office, or manner of697
appointment is prescribed by this charter or by law.  Except as otherwise prescribed by this698
charter or by law, members of boards, commissions, and authorities of the city shall serve699
at will and may be removed by the majority vote of the mayor and council.  In this matter700
the mayor may cast a vote without regard to a tie vote among the councilmembers;701
(3) The mayor and council, by ordinance, may provide for the compensation and702
reimbursement for actual and necessary expenses of the members of any board,703
commission, or authority;704
(4) Except as otherwise provided by charter or by law, no member of any board,705
commission, or authority shall hold any elective office in the city;706
(5)  Any vacancy on a board, commission, or authority of the city shall be filled for the707
unexpired term in the manner prescribed in this section for original appointment, except708
as otherwise provided by this charter or by law;709
(6)  No member of a board, commission, or authority shall assume office until that person710
has taken an oath obligating himself or herself to faithfully and impartially perform the711
duties of that member's office, such oath to be prescribed by ordinance or resolution;712
H. B. 1229
- 30 - 24 HB 1229/AP
(7)  Except as otherwise provided by this charter or by law, each board, commission, or
713
authority of the city shall elect one of its members as chair and one member as vice chair,714
and may elect as its secretary one of its own members or may appoint as secretary an715
employee of the city.  Each board, commission, or authority of the city government may716
establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances717
of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or718
the conduct of its affairs.  Copies of such bylaws, rules, and regulations shall be filed with719
the city clerk; and720
(8)  All meetings of boards, commissions, and authorities shall be public to the extent721
required by law, and notice to the public of special meetings shall be made as fully as is722
reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such723
applicable laws as are or may hereafter be enacted.724
SECTION 3.16.725
Personnel policies.726
(a)  All employees of the city shall serve at will and may be terminated at any time unless727
otherwise provided by this charter, ordinance, or by law.728
(b)  Subject to subsection (a) of this section, the rights, status, salaries, wages, rank, and729
conditions of employment of all employees of the city shall be and remain as they existed at730
the time this charter becomes effective, and shall so remain until and unless changed or731
terminated under some provision of this charter, by ordinance or resolution of the mayor and732
council, or by the exercise of such authority delegated by mayor and council.733
(c)  No appointed officer and no employee of the city shall continue in such employment734
upon qualifying as a candidate for nomination or election to any public office.735
H. B. 1229
- 31 - 24 HB 1229/AP
ARTICLE IV
736
JUDICIAL BRANCH737
SECTION 4.10.738
Creation; name.739
There shall be a court to be known as the Municipal Court of the City of Dalton, Georgia.740
SECTION 4.11.741
Chief judge; associate judge; prosecuting attorney.742
(a)  The municipal court shall be presided over by a chief judge and such part-time, full-time,743
or stand-by judges as shall be provided by ordinance.744
(b)  No person shall be qualified or eligible to serve as a judge on the municipal court unless745
that person shall have attained the age of 21 years, shall be a member in good standing of the746
State Bar of Georgia, and shall possess all qualifications required by law.  All judges shall747
be appointed by the mayor and council.748
(c)  Compensation of the judges shall be fixed by the mayor and council.749
(d)  Judges shall serve terms and be removed as provided by general law.750
(e)  Before assuming office, each judge shall take the oath provided in Section 2.18 of this751
charter.  The oath shall be entered upon the minutes of the proceedings of the mayor and752
council.753
(f)  The mayor and council may employ a qualified attorney to prosecute violations of city754
ordinances and other offenses over which the municipal court has jurisdiction upon such755
terms as the mayor and council may determine.756
(g)  The municipal court shall have a court administrator appointed by the mayor and council.757
H. B. 1229
- 32 - 24 HB 1229/AP
SECTION 4.12.
758
Convening.759
The municipal court shall be convened at regular intervals as determined by the court760
administrator.761
SECTION 4.13.762
Jurisdiction; powers.763
(a)  The municipal court shall try and punish violations of this charter, all city ordinances,764
and such other violations as provided by law.765
(b)  The municipal court shall have authority to punish those in its presence for contempt,766
provided that such punishment shall not exceed $200.00 or ten days in jail.767
(c) The municipal court may fix punishment for offenses within its jurisdiction not768
exceeding a fine of $1,000.00 or imprisonment for 180 days, or both such fine and769
imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing, as770
now or hereafter provided by law.771
(d)  The city administrator shall have authority to establish a schedule of fees to defray the772
cost of operation and shall be entitled to reimbursement of the cost of meals, transportation,773
and caretaking of prisoners bound over to superior courts for violations of state law.774
(e)  The municipal court shall have authority to establish bail and recognizances to ensure775
the presence of those charged with violations before said court, and shall have discretionary776
authority to accept cash or personal or real property as surety for the appearance of persons777
charged with violations.  Whenever any person shall give bail for that person's appearance778
and shall fail to appear at the time fixed for trial, the bond shall be forfeited, and the judge779
presiding at such time shall issue an execution thereon by serving the defendant and the780
defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi.  In the781
H. B. 1229
- 33 - 24 HB 1229/AP
event that cash or property is accepted in lieu of bond for security for the appearance of a
782
defendant at trial, and such defendant fails to appear at the time and place fixed for trial, the783
cash so deposited shall be on order of the judge declared forfeited to the city, or the property784
so deposited shall have a lien against it for the value forfeited which lien shall be enforceable785
in the same manner and to the same extent as a lien for city property taxes.786
(f)  The municipal court shall have the same authority as superior courts to compel the787
production of evidence in the possession of any party; to enforce obedience to its orders,788
judgments, and sentences; and to administer such oaths as are necessary.789
(g)  The municipal court may compel the presence of all parties necessary to a proper790
disposal of each case by the issuance of summonses, subpoenas, and warrants which may be791
served as executed by any officer as authorized by this charter or by law.792
(h)  Each judge of the municipal court shall be authorized to issue warrants for the arrest of793
persons charged with offenses against any ordinance of the city, and each judge of the794
municipal court shall have the same authority as a magistrate of the state to issue warrants795
for offenses against state laws committed within the city.796
SECTION 4.14.797
Appeal.798
Any person aggrieved by a decision of the municipal court shall have the right to appeal as799
provided by law.800
SECTION 4.15.801
Rules for court.802
With the approval of the mayor and council, the court administrator shall have full power and803
authority to make reasonable rules and regulations necessary and proper to secure the804
H. B. 1229
- 34 - 24 HB 1229/AP
efficient and successful administration of the municipal court; provided, however, that the
805
mayor and council may adopt in part or in total the rules and regulations applicable to806
municipal courts.  The rules and regulations made or adopted shall be filed with the city807
clerk, shall be available for public inspection, and, upon request, a copy shall be furnished808
to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.809
ARTICLE V810
ELECTIONS AND REMOVAL811
SECTION 5.10.812
Applicability of general law.813
All primaries and elections shall be held and conducted in accordance with Chapter 2 of814
Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.815
SECTION 5.11.816
Nonpartisan elections.817
Political parties shall not conduct primaries for city offices and all names of candidates for818
city offices shall be listed without party designations.819
SECTION 5.12.820
Election by majority vote.821
The candidates for mayor and councilmember who receive a majority of the votes cast in the822
applicable election shall be elected to a term of office.  In the event no candidate receives a823
majority of the votes cast in said election, a run-off election shall be held between the two824
H. B. 1229
- 35 - 24 HB 1229/AP
candidates receiving the highest number of votes.  Such runoff shall be held at the time
825
specified by state election law, unless such run-off date is postponed by court order.826
SECTION 5.13.827
Special elections.828
The mayor and council shall have the power to call for a special election as provided by this829
charter or the laws of the State of Georgia.  Any special election shall be held and conducted830
in accordance with Chapter 2 of Title 21 of the O.C.G.A. the "Georgia Election Code," as831
now or hereafter amended.832
SECTION 5.14.833
Other provisions.834
Except as otherwise provided by this charter, the mayor and council shall, by ordinance,835
prescribe such rules and regulations it deems appropriate to fulfill any options and duties836
under the "Georgia Election Code."837
SECTION 5.15.838
Removal of officers.839
(a)  The mayor or a councilmember may be removed from office for any one or more of the840
causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may841
hereafter be enacted.842
(b)  Removal of an officer pursuant to subsection (a) of this section shall be accomplished843
by one of the following methods:844
H. B. 1229
- 36 - 24 HB 1229/AP
(1)  A decision of an impartial panel following a hearing on action taken by the city
845
council.  In the event an elected officer is sought to be removed by the action of the city846
council, such officer shall be entitled to a written notice specifying the ground or grounds847
for removal and to a public hearing which shall be held not less than ten days after the848
service of such written notice.  The city council shall provide by ordinance for the manner849
in which such hearings shall be held.  Any elected officer sought to be removed from office850
as herein provided shall have the right of appeal from the decision of the city council to the851
Superior Court of Whitfield County.  Such appeal shall be governed by the same rules as852
govern appeals to the superior court from the probate court; or853
(2)  An order of the Superior Court of Whitfield County following a hearing on a complaint854
seeking such removal brought by any resident of the City of Dalton.855
SECTION 5.16.856
Registration; conduct of elections.857
The mayor and council is authorized and empowered to designate and contract with the858
Whitfield County Registrar and Board of Elections to receive voter registration of city859
electors, qualify candidates, and to conduct city elections.860
ARTICLE VI861
FINANCE862
SECTION 6.10.863
Property tax.864
The mayor and council may assess, levy, and collect an ad valorem tax on all real and865
personal property within the corporate limits of the city that is subject to such taxation by the866
H. B. 1229
- 37 - 24 HB 1229/AP
state and county.  This tax is for the purpose of raising revenues to defray the costs of
867
operating the city government, of providing governmental services, for the repayment of868
principal and interest on general obligations, and for any other public purpose as determined869
by the mayor and council in its discretion.870
SECTION 6.11.871
Millage rate; due dates; payment methods.872
The mayor and council, by ordinance, shall establish a millage rate for the city property tax,873
a due date, and the time period within which these taxes must be paid.  The mayor and874
council, by ordinance, may provide for the payment of these taxes by installments or in one875
lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.876
The mayor and council may contract with the Whitfield County Tax Commissioner to collect877
taxes.878
SECTION 6.12.879
Occupation and business taxes.880
The mayor and council by ordinance shall have the power to levy such occupation or881
business taxes as are not denied by law.  The mayor and council may classify businesses,882
occupations, or professions for the purpose of such taxation in any way which may be lawful883
and may compel the payment of such taxes as provided in Section 6.18 of this charter.884
H. B. 1229
- 38 - 24 HB 1229/AP
SECTION 6.13.
885
Administration fees; regulatory fees; permits.886
The mayor and council by ordinance shall have the power to require businesses or887
practitioners doing business within the city to obtain a permit for such activity from the city888
and pay a reasonable administration fee or regulatory fee for such permit as provided by889
general law.  Such fees shall reflect the total cost to the city of regulating the activity, and,890
if unpaid, shall be collected as provided in Section 6.18 of this charter.891
SECTION 6.14.892
Franchises.893
(a)  The mayor and council shall have the power to grant franchises for the use of the city's894
streets and alleys for the purposes of railroads, street railways, telephone companies, electric895
companies, electric membership corporations, cable television and other telecommunications896
companies, gas companies, transportation companies, and other similar organizations.  The897
mayor and council shall determine the duration, terms, whether the same shall be exclusive898
or nonexclusive, and the consideration for such franchises; provided, however, no franchise899
shall be granted for a period in excess of 35 years and no franchise shall be granted unless900
the city receives just and adequate compensation therefor.  The mayor and council shall901
provide for the registration of all franchises with the city clerk in a registration book kept by902
the city clerk.  The mayor and council may provide by ordinance for the registration within903
a reasonable time of all franchises previously granted.904
(b)  If no franchise agreement is in effect, the mayor and council has the authority to impose905
a tax on gross receipts for the use of the city's streets and alleys for the purposes of railroads,906
street railways, telephone companies, electric companies, electric membership corporations,907
H. B. 1229
- 39 - 24 HB 1229/AP
cable television and other telecommunications companies, gas companies, transportation
908
companies, and other similar organizations.909
SECTION 6.15.910
Service charges.911
The mayor and council by ordinance shall have the power to assess and collect fees, charges,912
and tolls for stormwater, solid waste collection, sanitary and health services, or any other913
services provided, or made available within and without the corporate limits of the city for914
the total cost to the city of providing or making available such services.  If unpaid, such915
charges shall be collected as provided in Section 6.18 of this charter.916
SECTION 6.16.917
Special assessments.918
The mayor and council by ordinance shall have the power to assess and collect the cost of919
constructing, reconstructing, widening, or improving any public way, street, sidewalk,920
curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property921
owners under such terms and conditions as are reasonable.  If unpaid, such charges shall be922
collected as provided in Section 6.18 of this charter.923
SECTION 6.17.924
Construction; other taxes and fees.925
The city shall be empowered to levy any other tax or fee allowed now or hereafter by law,926
and the specific mention of any right, power, or authority in this article shall not be construed927
as limiting in any way the general powers of the city to govern its local affairs.928
H. B. 1229
- 40 - 24 HB 1229/AP
SECTION 6.18.
929
Collection of delinquent taxes and fees.930
The mayor and council, by ordinance, may provide generally for the collection of delinquent931
taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by932
whatever reasonable means as are not precluded by law.  This shall include providing for the933
dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.934
fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the935
persons required to pay the taxes or fees imposed; revoking city permits or licenses for936
failure to pay any city taxes or fees; and providing for the assignment or transfer of tax937
executions.938
SECTION 6.19.939
General obligation bonds.940
The mayor and council shall have the power to issue bonds for the purpose of raising revenue941
to carry out any project, program, or venture authorized under this charter or the laws of the942
state.  Such bonding authority shall be exercised in accordance with the laws governing bond943
issuance by municipalities in effect at the time said issue is undertaken.944
SECTION 6.20.945
Revenue bonds.946
Revenue bonds may be issued by the mayor and council as state law now or hereafter947
provides.  Such bonds are to be paid out of any revenue produced by the project, program,948
or venture for which they were issued.949
H. B. 1229
- 41 - 24 HB 1229/AP
SECTION 6.21.
950
Short-term loans.951
The city may obtain short-term loans and must repay such loans not later than December 31952
of each year, unless otherwise provided by law.953
SECTION 6.22.954
Lease-purchase contracts.955
The city may enter into multi-year lease, purchase, or lease-purchase contracts for the956
acquisition of goods, materials, real and personal property, services, and supplies provided957
the contract terminates without further obligation on the part of the city at the close of the958
calendar year in which it was executed and at the close of each succeeding calendar year for959
which it may be renewed.  Contracts must be executed in accordance with the requirements960
of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are or may961
hereafter be enacted.962
SECTION 6.23.963
Fiscal year.964
The mayor and council shall set the fiscal year by ordinance.  This fiscal year shall constitute965
the budget year and the year for financial accounting and reporting of each and every office,966
department, agency, and activity of the city government unless otherwise provided by state967
or federal law.968
H. B. 1229
- 42 - 24 HB 1229/AP
SECTION 6.24.
969
Preparation of budgets.970
(a)  The mayor and council shall provide a resolution on the procedures and requirements for971
the preparation and execution of an annual operating budget and a capital budget, including972
requirements as to the scope, content, and form of such budgets and plans.973
(b)  Budgets shall be prepared for the General Fund, Debt Service Fund, Capital Projects974
Fund, Special Revenue Funds, and any other fund deemed as necessary by the mayor and975
council or mandated by state law.976
SECTION 6.25.977
Submission of operating budget to mayor and council.978
On or before a date fixed by the city council but not later than 30 days prior to the beginning979
of each fiscal year, the city administrator shall submit to the mayor and council a proposed980
operating budget for the ensuing fiscal year.  The budget shall be accompanied by a message981
from the city administrator containing a statement of the general fiscal policies of the city,982
the important features of the budget, explanations of major changes recommended for the983
next fiscal year, a general summary of the budget, and such other pertinent comments and984
information.  The operating budget and the capital budget hereinafter provided for, the985
budget message, and all supporting documents shall be filed in the office of the city clerk and986
shall be open to public inspection.987
H. B. 1229
- 43 - 24 HB 1229/AP
SECTION 6.26.
988
Action by mayor and council on budget.989
(a)  The mayor and council may amend the operating budget and the capital budget proposed990
by the city administrator, except that the budget as finally amended and adopted must991
provide for all expenditures required by state law or by other provisions of this charter and992
for all debt service requirements for the ensuing fiscal year and the total appropriations from993
any fund shall not exceed the estimated fund balance, reserves, and revenues.994
(b)  The mayor and council by voice vote shall adopt the final operating budget and the995
capital budget for the ensuing fiscal year not later than the first regularly scheduled meeting996
of each year.  If the mayor and council fails to adopt the budget by this date, the amounts997
appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing998
fiscal year on a month-to-month basis, with all items prorated accordingly until such time as999
the mayor and council adopts a budget for the ensuing fiscal year.  Adoption of the budgets1000
shall take the form of an appropriations ordinance setting out the estimated revenues in detail1001
by sources and making appropriations according to fund and by organizational unit, purpose,1002
or activity as set out in the budget preparation resolution adopted pursuant to Section 6.241003
of this charter.1004
(c)  The amount set out in the adopted operating budget and the capital budget for each city1005
department shall constitute the annual appropriation for such, and no expenditure shall be1006
made or encumbrance created in excess of the otherwise unencumbered balance of the1007
appropriations or allotment thereof to which it is chargeable.1008
H. B. 1229
- 44 - 24 HB 1229/AP
SECTION 6.27.
1009
Tax levies.1010
The mayor and council shall levy by ordinance such taxes as are necessary and authorized1011
by the laws of the State of Georgia.  The taxes and tax rates set by such ordinance shall be1012
such that reasonable estimates of revenues from such levy shall at least be sufficient, together1013
with other anticipated revenues, fund balances, and applicable reserves, to equal the total1014
amount appropriated for each of the several funds set forth in the annual operating budget1015
for defraying the expenses of the general government of the city.1016
SECTION 6.28.1017
Changes in appropriations.1018
The mayor and council by ordinance may make changes in the appropriations contained in1019
the current operating budget at any regular, special, or emergency meeting called for such1020
purpose.1021
SECTION 6.29.1022
Capital budget.1023
(a)  On or before the date fixed by the mayor and council, the city administrator shall submit1024
to the mayor and council a proposed capital improvements plan with a recommended capital1025
budget containing the means of financing the improvements proposed for the ensuing fiscal1026
year.  The mayor and council shall have power to accept, with or without amendments, or1027
reject the proposed plan and proposed budget.  The mayor and council shall not authorize an1028
expenditure for the construction of any building, structure, work, or improvement, unless the1029
H. B. 1229
- 45 - 24 HB 1229/AP
appropriations for such project are included in the capital budget, except to meet a public
1030
emergency as provided in Section 2.24 of this charter.1031
(b)  The mayor and council shall adopt by ordinance the final capital budget for the ensuing1032
fiscal year.  The city administrator may submit amendments to the capital budget to the1033
mayor and council at any time during the fiscal year, accompanied by recommendations. 1034
Any such amendments to the capital budget shall become effective only upon adoption by1035
ordinance.1036
SECTION 6.30.1037
Unexpended appropriations and capital budgets.1038
All unexpended appropriations and capital budgets shall lapse at the fiscal year-end without1039
any action of the mayor and council.1040
SECTION 6.31.1041
Independent audit.1042
There shall be an annual independent audit of all city accounts, funds, and financial1043
transactions by the city auditor. The audit shall be conducted according to generally1044
accepted auditing principles.  Any audit of any funds by the state or federal governments may1045
be accepted as satisfying the requirements of this charter.  Copies of annual audit reports1046
shall be available at printing costs to the public.1047
H. B. 1229
- 46 - 24 HB 1229/AP
SECTION 6.32.
1048
Contracting procedures.1049
No contract with the city shall be binding on the city unless:1050
(a)  It is in writing;1051
(b)  It is drawn by or submitted to and reviewed by the city attorney;1052
(c)  It is made or authorized by the mayor and council and such approval is entered in the1053
minutes kept by the mayor and council pursuant to Section 2.20 of this charter; and1054
(d)  It is signed by the mayor or a department head specifically authorized by the mayor and1055
council by ordinance or resolution.1056
SECTION 6.33.1057
Purchasing.1058
The mayor and council shall by resolution prescribe procedures for a system of purchasing1059
for the city.1060
SECTION 6.34.1061
Sale and lease of city property.1062
(a)  Except as otherwise provided in this charter, the mayor and council may sell and convey1063
or lease any real or personal property owned or held by the city for governmental or other1064
purposes as now or hereafter provided by law.1065
(b)  The mayor and council may quitclaim any rights it may have in property not needed for1066
public purposes upon report by the city administrator and adoption of a resolution, both1067
finding that the property is not needed for public or other purposes and that the interest of the1068
city has no readily ascertainable monetary value.1069
H. B. 1229
- 47 - 24 HB 1229/AP
(c)  Whenever in opening, extending, or widening any street, avenue, alley, or public place
1070
of the city, a small parcel or tract of land is cut off or separated by such work from a larger1071
tract or boundary of land owned by the city, the mayor and council may authorize the city1072
administrator to sell and convey said cut off or separated parcel or tract of land to an abutting1073
or adjoining property owner or owners where such sale and conveyance facilitates the1074
enjoyment of the highest and best use of the abutting owner's property.  Included in the sales1075
contract shall be a provision for the rights of way of said street, avenue, alley, or public1076
place.  Each abutting property owner shall be notified of the availability of the property and1077
given the opportunity to purchase said property under such terms and conditions as set out1078
by ordinance.  All deeds and conveyances heretofore and hereafter so executed and delivered1079
shall convey all title and interest the city has in such property, notwithstanding the fact that1080
no public sale after advertisement was or is hereafter made.1081
SECTION 6.35.1082
Insurance.1083
The city shall maintain sufficient casualty and liability insurance coverage on all property1084
owned or operated by city personnel to adequately indemnify the city on claims of loss by1085
injured or aggrieved parties.  The amounts of insurance coverage shall be set from time to1086
time by the city council in the form of a resolution as the need arises.1087
ARTICLE VII1088
INDEPENDENT CITY SCHOOL DISTRICT1089
SECTION 7.10.1090
Acknowledgment of establishment of Dalton City Public School District1091
 and authority to continue and maintain the Dalton City Public School District.1092
H. B. 1229
- 48 - 24 HB 1229/AP
(a)  Be it acknowledged that the City of Dalton has established an independent public school
1093
district for the City of Dalton and organized a school board for the governance of said school1094
district, known as the Dalton City Public School District, pursuant to an Act consolidating,1095
amending, and codifying the various Acts incorporating the City of Dalton, approved1096
February 24, 1874 (Ga. L. 1874, p. 181), as amended, which school district and school board1097
are hereby affirmed.1098
(b)  Be it further acknowledged that Article VIII, Section V, Paragraph I of the Constitution1099
of this state provides that "[e]xisting county and independent school systems shall be1100
continued" and the city does authorize and recognize that Dalton City Public School District1101
shall continue to exist as an independent school district whose borders are coterminous with1102
the City of Dalton as now or in the future may exist.1103
(c)  Be it further acknowledged that the independent school district known as the Dalton City1104
Public School District has continued to operate and has not ceased in its functions and duties1105
since its creation.1106
(d)  Be it enacted by the authority aforesaid that the Board of Education of the Dalton City1107
Public School District is hereby authorized and empowered, and authority is granted to the1108
board of education to continue to maintain and control the Dalton City Public School1109
District, as an independent public school district in the city, through local taxation and other1110
means of support as permitted by Georgia law and in conformity with and as permitted by1111
Article VIII, Section V, Paragraph I of the Constitution of this state.1112
SECTION 7.11.1113
Election of board of education.1114
The board of education and the election of the members of the Board of Education of the1115
Dalton City Public School District shall be governed by all applicable local Acts and any1116
applicable state law.1117
H. B. 1229
- 49 - 24 HB 1229/AP
SECTION 7.12.
1118
Organization of board of education.1119
Be it further enacted by the authority aforesaid, that the officers of said board of education1120
shall be as provided by law and the policies of the board of education.1121
SECTION 7.13.1122
Powers and duties of board of education.1123
Be it further enacted by the authority aforesaid that the Board of Education of the Dalton City1124
Public School District is hereby vested with all the authority and power provided for in the1125
Georgia Constitution and any applicable local acts and state law applicable to both county1126
and independent school districts, including, but not limited to, incurring debt; however, the1127
board of education shall be required to obtain approval from the mayor and council of the1128
City of Dalton prior to incurring any debt, and such approval shall be evidenced by resolution1129
or ordinance.  The board of education shall faithfully perform the duties prescribed under the1130
local Acts and under any applicable state law.1131
SECTION 7.14.1132
Superintendent; appointment; qualifications; compensation.1133
The board of education shall employ a superintendent for a definite term, in accordance with1134
applicable state law and board policy, and shall fix the superintendent's compensation.1135
H. B. 1229
- 50 - 24 HB 1229/AP
SECTION 7.15.
1136
Powers and duties of the superintendent.1137
The superintendent shall be the chief administrative officer of the Dalton City Public School1138
District.  The superintendent shall be responsible to the board for the administration of all1139
school district affairs placed in the superintendent's charge by or under this charter.  As the1140
chief administrative officer of the school district, the superintendent shall faithfully perform1141
the duties prescribed by the board, by all applicable state laws, and by contract with the board1142
of education.1143
SECTION 7.16.1144
Accounting and payment of school taxes to board of education.1145
All taxes levied for public education in the City of Dalton, including penalties and interest1146
for delinquent taxes, collected by Whitfield County for or on behalf of the City of Dalton1147
Public School District shall be accounted for and paid over to the board of education on a1148
monthly basis less the cost of collecting said taxes.  For each monthly period, the board of1149
education shall request from the Whitfield County Tax Commissioner's Office, or other1150
appropriate tax collecting authority, an accounting of the taxes, penalties, and interest,1151
collected in such period.  The board of education shall be responsible for the prorated cost1152
of collecting ad valorem taxes levied for the education of students in the City of Dalton.1153
SECTION 7.17.1154
Funds as trust funds.1155
Be it further enacted by the authority aforesaid, that all assessments of taxes and all funds1156
arising from or collected under this Act may be by the City of Dalton, on all taxable property,1157
H. B. 1229
- 51 - 24 HB 1229/AP
necessary for the support, maintenance, and operation of public schools at a rate not to
1158
exceed 14 mills, kept separate and distinct from other assessments and collections of the City1159
of Dalton, and are to be used solely for the purposes designated in this section.  The1160
Whitfield County Tax Commissioner's Office, or other appropriate tax collecting authority,1161
shall keep a separate, full, and distinct itemized account showing all monies raised, when,1162
how, from whom, and for what purposes and the disposition of the same; and to whom,1163
when, and for what purposes paid out.  Such levy and assessment may be made at 1001164
percent of the taxable property fair market value subject to any limitation by ordinance or1165
other law.1166
ARTICLE VIII1167
BOARD OF WATER, LIGHT AND SINKING FUND COMMISSIONERS1168
SECTION 8.10.1169
Organization of board.1170
(a)  At the first regular meeting in January of each year, the mayor and council of the City1171
of Dalton shall be authorized to elect a Board of Water, Light and Sinking Fund1172
Commissioners that consists of five members.1173
(b)  The Board of Water, Light and Sinking Fund Commissioners shall consist of five1174
commissioners appointed by the mayor and council who shall serve five-year terms.  The1175
terms shall be staggered as in effect on the date of this charter.  Any vacancy in a term of a1176
commissioner shall be filled for the expiration of that term by appointment of the mayor and1177
city council.  Upon the expiration of the term of service of any commissioner so appointed,1178
the mayor and city council shall appoint a commissioner for a full term. Existing1179
commissioners as of the date of this charter shall serve out the balance of their terms.1180
H. B. 1229
- 52 - 24 HB 1229/AP
(c)  The authority, powers, and duties of said commissioners shall be regulated by such
1181
ordinances as the mayor and council may prescribe, and as otherwise set forth in this1182
Article VIII.1183
SECTION 8.11.1184
General scope of authority, powers, and duties as to public utilities.1185
(a)  The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton1186
(doing business as "Dalton Utilities") shall have entire control of all public utilities of the1187
City of Dalton, and such control shall extend into the newly annexed area of said city.  Said1188
board shall have authority of extending the services of said utilities beyond the city limits of1189
the City of Dalton when in their judgment it is to the best interest of the city to do so.1190
(b)  The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton,1191
doing business as "Dalton Utilities," shall have the power to control and operate any and all1192
public utilities that the convenience and necessity of the citizens of the City of Dalton1193
require, and have the right and power to operate any such public utilities within the City of1194
Dalton when the convenience and necessity of the citizens of the city are affected.1195
(c)  The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton, doing1196
business as "Dalton Utilities," shall have entire control of the public utilities of the City of1197
Dalton and as a part of said control, the board shall have authority to make all contracts1198
necessary for the operation of said utilities; to buy all supplies and material needed, and to1199
make all necessary improvements and extensions, to employ all help necessary in the1200
operation of said utilities and all utility sectors thereof; to make all rates, rules, and1201
regulations for furnishing utility services to the inhabitants of said city and to enforce the1202
same; and to deal in every way with said utilities as a separate and distinct part of the city1203
government.  Said board shall fix rates for utility services sufficiently high so as to bring in1204
sufficient revenue to maintain said public utilities and to provide for needed repairs,1205
H. B. 1229
- 53 - 24 HB 1229/AP
extensions, and improvements.  Said board shall collect all monies due to said utilities and
1206
shall pay all debts of said public utilities.  No contract made by said board shall bind said city1207
but shall be binding upon said board which shall operate as a separate and distinct part of the1208
City of Dalton with the authority set forth in this section and pursuant to law and ordinances. 1209
No monies shall be appropriated by the mayor and council of the City of Dalton to the1210
operation and improvement of said utilities, except that the board shall collect and receive1211
the principal and interest on the public debt as now provided by law.  As used in this section,1212
the term "utility services" shall mean any and all services provided by the board through1213
various utility sectors as set forth in Section 8.12 of this charter, and otherwise as authorized1214
by law or ordinance, and is not intended to limit the board from providing utility services in1215
the future that are not set forth in Section 8.12 of this charter and that may be later authorized1216
by law or ordinance.1217
SECTION 8.12.1218
Utility sectors.1219
(a)  Public sewer system.  The Board of Water, Light and Sinking Fund Commissioners of1220
the City of Dalton shall have power and authority to control and operate the public sewer1221
system in said city in such way and manner as the board deems appropriate, and for such1222
purpose they may employ competent engineers and superintendents, at such times and at1223
such salaries as may be agreed upon by the board.  The board shall have entire control of the1224
public sewer system of the City of Dalton, and such control shall extend into all newly1225
annexed areas of said city.  Said board shall have the power and authority to make all1226
contracts necessary for the operation of said public sewer system; to buy all supplies and1227
materials needed, and to make all necessary improvements and extensions, to employ all1228
clerical and other help necessary in the operation of said system; to make rates, rules, and1229
regulations for the furnishing of sewer service to residential, commercial, and industrial users1230
H. B. 1229
- 54 - 24 HB 1229/AP
of said system, and to enforce the same; and the power to control and operate such system
1231
as the convenience and necessity of the citizens of the City of Dalton shall require.  Said1232
board shall make no contracts for the price of using the public sewer system for a longer1233
period than two years, and at the expiration of any term or lease the price paid for the use1234
thereof shall be adjusted according to the regulations then established.1235
(b)  Communications and information services and facilities.  The Board of Water, Light and1236
Sinking Fund Commissioners of the City of Dalton shall have the authority to construct,1237
acquire, control, operate, and provide as public utilities:1238
(1)  Communications services and facilities, and1239
(2)  Information services and facilities; of all kinds, without limitation, over or through all1240
media, including wireline and wireless, whether such services and facilities are now known1241
or are developed in the future, within or without the City of Dalton and within or without1242
Whitfield County, Georgia.  Notwithstanding the foregoing, the specification of any such1243
services and facilities as public utilities is not intended to confer any additional power or1244
be in any way in derogation of the power and authority of the Georgia Public Service1245
Commission or any other regulatory body with respect to any such services and facilities,1246
or subject any such services or facilities to common carrier or public utility regulation.  The1247
board shall have power and authority to control and operate the communications services1248
and facilities and the information services and facilities in said city in such way and manner1249
as the board deems appropriate, and for such purpose they may employ competent1250
engineers and superintendents, at such times and at such salaries as may be agreed upon1251
by the board.  The board shall have entire control of the communications services and1252
facilities and the information services and facilities of the City of Dalton, wherever located,1253
and such control shall extend into all newly annexed areas of said city.  Said board shall1254
have the power and authority to make all contracts necessary for the operation of said1255
communications services and facilities and the information services and facilities; to buy1256
all supplies and materials needed, and to make all necessary improvements and extensions,1257
H. B. 1229
- 55 - 24 HB 1229/AP
to employ all clerical and other help necessary in the operation of said facilities; to make
1258
rates, rules, and regulations for the furnishing of communications services and facilities and1259
the information services and facilities to residential and industrial users of said facilities,1260
and to enforce the same; and the power to control and operate such communications1261
services and facilities and the information services and facilities as the convenience and1262
necessity of the citizens of the City of Dalton shall require.1263
(c)  Water system.  The Board of Water, Light and Sinking Fund Commissioners of the City1264
of Dalton shall have power and authority to control and operate the water system in said city1265
in such way and manner as the board deems appropriate, and for such purpose they may1266
employ competent engineers and superintendents, at such times and at such salaries as may1267
be agreed upon by the board.  The board shall have entire control of the public water system1268
of the City of Dalton, and such control shall extend into all newly annexed areas of said city.1269
Said board shall have the power and authority to make all contracts necessary for the1270
operation of said public water system; to buy all supplies and materials needed, and to make1271
all necessary improvements and extensions, to employ all clerical and other help necessary1272
in the operation of said system; to make rates, rules, and regulations for the furnishing of1273
water service to residential, commercial, and industrial users of said system, and to enforce1274
the same; and the power to control and operate such system as the convenience and necessity1275
of the citizens of the City of Dalton shall require.  The board shall regulate the distribution1276
and use of the water in all places and for all purposes, where the same may be required, and1277
from time to time shall fix the price thereof, and the time of payment; and they shall erect1278
such number of public hydrants in such places as they may see fit, and direct in what manner1279
and for what purposes the same may be used, all of which they may change at their1280
discretion.  Said board shall make no contracts for the price of using water for a longer period1281
than two years, and at the expiration of any term or lease the price paid for the use thereof1282
shall be adjusted according to the regulations then established.  Said board shall have full1283
power and authority to require the payment, in advance, for the use or rent of water furnished1284
H. B. 1229
- 56 - 24 HB 1229/AP
by the utility in or upon any building, place, or premises, and in case prompt payment shall
1285
not be made, they may shut off the water from such building, place, or premises, and shall1286
not be compelled to supply said building, place, or premises with water until such arrears,1287
with accrued interest thereon, shall be fully paid.1288
(d)  Electric system.  The Board of Water, Light and Sinking Fund Commissioners of the1289
City of Dalton shall have power and authority to control and operate the electrical1290
transmission, distribution, and generation systems in said city in such way and manner as the1291
board deems appropriate, and for such purpose they may employ competent engineers and1292
superintendents, at such times and at such salaries as may be agreed upon by the board.  The1293
board shall have entire control of the public electric generation and transmission systems of1294
the City of Dalton, and such control shall extend into all newly annexed areas of said city.1295
Said board shall have the power and authority to make all contracts necessary for the1296
operation of said electric generation, distribution, and transmission systems; to buy all1297
supplies and materials needed, and to make all necessary improvements and extensions, to1298
employ all clerical and other help necessary in the operation of said systems; to make rates,1299
rules, and regulations for the furnishing of electric service to residential, commercial, and1300
industrial users of said system, and to enforce the same; and the power to control and operate1301
such system as the convenience and necessity of the citizens of the City of Dalton shall1302
require.  The board may acquire additional sources of supply of electric power within or1303
without the City of Dalton and within or without Whitfield County, Georgia.  Said additional1304
sources of supply may include the whole of or any lesser interest in any electric generating1305
or distribution facilities within or without the State of Georgia and the whole of or any lesser1306
interest in any transmission lines running from any additional source of supply to and within1307
the City of Dalton.  Any such additional source of supply may include the whole of or any1308
interest in a nuclear generating facility, including any or all nuclear fuel necessary for the1309
operation thereof.  Said board shall make no contracts for the price of electricity for a longer1310
period than two years, and at the expiration of any term or lease the price paid for the use1311
H. B. 1229
- 57 - 24 HB 1229/AP
thereof shall be adjusted according to the regulations then established.  The Board of Water,
1312
Light and Sinking Fund Commissioners may enter agreements for the sale of surplus1313
electricity to others if and when there shall be any excess over and above the city's1314
requirements from time to time and may enter all contracts necessary or useful to assure1315
efficient and economical management of any such additional source of supply, including1316
transmission lines.1317
(e)  Natural gas system.  The Board of Water, Light and Sinking Fund Commissioners of the1318
City of Dalton shall have power and authority to control and operate the natural gas system1319
in said city in such way and manner as the board deems appropriate, and for such purpose1320
they may employ competent engineers and superintendents, at such times and at such salaries1321
as may be agreed upon by the board.  The board shall have entire control of the public natural1322
gas system of the City of Dalton, and such control shall extend into all newly annexed areas1323
of said city.  Said board shall have the power and authority to make all contracts necessary1324
for the operation of said natural gas system; to buy all supplies and materials needed, and to1325
make all necessary improvements and extensions, to employ all clerical and other help1326
necessary in the operation of said systems; to make rates, rules, and regulations for the1327
furnishing of natural gas service to residential, commercial, and industrial users of said1328
system, and to enforce the same; and the power to control and operate such system as the1329
convenience and necessity of the citizens of the City of Dalton shall require.  Said board shall1330
make no contracts for the price of natural gas for a longer period than two years, and at the1331
expiration of any term or lease the price paid for the use thereof shall be adjusted according1332
to the regulations then established.  The board may acquire additional sources of supply of1333
natural gas within or without the City of Dalton and within or without Whitfield County,1334
Georgia.1335
H. B. 1229
- 58 - 24 HB 1229/AP
SECTION 8.13.
1336
Chief executive officer.1337
(a)  The Board of Water, Light and Sinking Fund Commissioners shall appoint and employ1338
a president and chief executive officer who shall be qualified by training, education, and1339
experience for the overall management of the utility.  He or she shall serve at the pleasure1340
of said board, which shall fix salary, and shall have such authority as delegated by said board1341
and as set forth in this section.1342
(b)  The president and chief executive officer of the utility shall report to the Board of Water,1343
Light and Sinking Fund Commissioners at its monthly meetings and at special meetings, and1344
shall carry out and execute all policies and directives of said board.1345
(c)  The president and chief executive officer of the utility shall, in consultation with the1346
board, determine the number of employees necessary for the operation of the utility, and fix1347
their duties and compensation.  The prior consent of the Board of Water, Light and Sinking1348
Fund Commissioners shall be required with respect to expenditures and contracts in excess1349
of certain limits set by said board by resolution from time to time.  The president and chief1350
executive officer shall, in consultation with the board, have control of all actual construction1351
and repairs, the immediate management of operation of the utility, and the enforcement and1352
execution of all policies, programs, plans, and decisions made or adopted by the said board. 1353
The president and chief executive officer shall maintain permanent records regarding actions1354
taken.  The president and chief executive officer shall prepare plans and specifications, take1355
bids, and let contracts, subject to the approval of said board. The president and chief1356
executive officer shall prepare and submit to said board periodic reports on the utility's1357
compliance with local, state and federal laws in the areas of safety, environmental matters,1358
and civil rights.  There shall be such other officers, executives, and employees of the utility1359
as may be required.  The officers, executives, and employees shall be appointed and removed1360
by the president and chief executive officer subject to the provisions of applicable local,1361
H. B. 1229
- 59 - 24 HB 1229/AP
state, and federal laws or binding contracts entered into between employees and the Board
1362
of Water, Light and Sinking Fund Commissioners.  The president and chief executive officer1363
shall have such further power, duties, and responsibilities as may be assigned to him by said1364
board from time to time.1365
(d)  The president and chief executive officer shall enter into contracts and shall have the1366
authority to enter into contracts with vendors, customers, lenders, depositories, utilities,1367
engineering firms, consultants, and government agencies as may be necessary to effect1368
proper operations of the utility.  The prior consent of the Board of Water, Light and Sinking1369
Fund Commissioners shall be required with respect to contracts in excess of certain limits1370
set by the board by resolution from time to time.1371
(e)  All checks, drafts, or other orders for payment of money, notes, or other evidences of1372
indebtedness issued in the name of the utility shall be signed by the chief financial officer1373
and countersigned by the president and chief executive officer, and may be signed by such1374
other officer or officers, agent or agents, of the utility and in such manner as may from time1375
to time be determined by the president and chief executive officer.1376
(f)  All funds of the utility shall be deposited from time to time to the credit of the utility in1377
such banks, trust companies, or other depositories as the president and chief executive officer1378
may select in consultation with the Board of Water, Light and Sinking Fund Commissioners.1379
SECTION 8.14.1380
Control over public utilities; rates, charges to comply with1381
councilmanic proceedings for issuance of revenue bonds or certificates.1382
As by law and this charter, the Board of Water, Light and Sinking Fund Commissioners of1383
the City of Dalton shall have entire control over all public utilities owned or operated by said1384
city, within or without its limits, with authority to make all contracts necessary to operate1385
such utilities, to make all improvements and extensions thereto and to fix, impose, and1386
H. B. 1229
- 60 - 24 HB 1229/AP
collect the rates and charges made for services and commodities supplied by such public
1387
utilities; provided, however, that such rates and charges shall always be such as to comply1388
with the provisions of any proceedings adopted by the mayor and council of said city1389
authorizing the issuance of revenue bonds or certificates payable from the revenues of such1390
public utilities, or any part thereof.1391
SECTION 8.15.1392
Right of eminent domain for public utilities.1393
The City of Dalton shall have the right and power to condemn lands, rights of way for public1394
utilities, easements, or right to use property of any kind, whether or not the same is already1395
in use for such purpose, using the method of procedure provided under the general laws of1396
the State of Georgia, and said City of Dalton is hereby vested with the power of eminent1397
domain over private property for such purposes, whenever the Board of Water, Light and1398
Sinking Fund Commissioners shall deem it necessary to the proper management and control1399
of such public utilities that they exercise said power.1400
SECTION 8.16.1401
Investment of sinking funds.1402
The Board of Water, Light and Sinking Fund Commissioners shall be authorized to control1403
the sinking funds collected by the city related to operation of the utility, to invest the same1404
in such manner, and in such securities, and upon such terms as the Board of Water, Light and1405
Sinking Fund Commissioners may deem to be to the best interest of said city.1406
H. B. 1229
- 61 - 24 HB 1229/AP
SECTION 8.17.
1407
Disposition of surplus funds and financial reporting.1408
If said utility has funds in excess of what is reasonably necessary for the operation of said1409
utility and for contemplated improvements, the Board of Water, Light and Sinking Fund1410
Commissioners shall pay a sum to the city treasury on an annual basis in an amount that is1411
determined by the mayor and council in consultation with the board, subject to any1412
ordinance, resolution, or other law now or hereinafter in effect which may limit, alter, or1413
otherwise determine said payment.  The board, through the president and chief executive1414
officer, shall, at the request of the mayor and council of the city, provide to the mayor and1415
council such regular and routine reports agreed upon by the mayor, council, and the board1416
as may be necessary for the mayor and council to determine the financial status of the utility.1417
The board shall act in a fiscally responsible manner so as to ensure to the greatest extent1418
possible that excess funds will be available to be transferred to the city treasury.1419
SECTION 8.18.1420
Penalties for diversion of water, adulteration, injury to supply.1421
If any person or persons shall willfully or maliciously divert the water, or any portion1422
thereof, from the water system of the city, or shall corrupt or render the same impure, or shall1423
injure or destroy any canal, aqueduct, pipe, hydrant, conduit, machinery, or other property1424
used or required for procuring or distributing water, such person or persons, their aiders and1425
abettors, shall forfeit to the mayor and council, to be recovered in an action of trespass, treble1426
the amount of damages, besides cost of said suit, which shall appear on trial to have been1427
sustained; all such acts are declared to be misdemeanors under the laws of this state, and the1428
parties found guilty thereof may be punished as prescribed in Code Section 17-10-3 of the1429
O.C.G.A.1430
H. B. 1229
- 62 - 24 HB 1229/AP
ARTICLE IX
1431
POLICE AND FIRE DEPARTMENTS1432
SECTION 9.10.1433
Creation; composition.1434
The City of Dalton shall have a police department consisting of a chief of police, to be1435
appointed by the mayor and council, and such other police officers as may be determined by1436
the chief of police. The City of Dalton shall have a fire department consisting of a fire chief,1437
to be appointed by the mayor and council, and such other firefighters as may be determined1438
by the fire chief. 1439
SECTION 9.11.1440
Age requirements for employment.1441
No person shall be employed by the City of Dalton for work as a mandate peace officer or1442
mandate peace officer in training or certified firefighter or certified firefighter in training1443
unless such person has reached the age of 18 years, which shall be established by a birth1444
certificate or other proper proof of age acceptable to the mayor and council.1445
SECTION 9.12.1446
Authority of chief of police to remove nuisances.1447
The chief of police shall also be empowered to remove all nuisances within the corporate1448
limits of the city.1449
H. B. 1229
- 63 - 24 HB 1229/AP
SECTION 9.13.
1450
Duties of chief of police and authority to account for fines and fi. fas.1451
The duties of the chief of police shall be those duties as are now imposed on the police chief1452
of the City of Dalton by law, and he or she shall be responsible for other duties and1453
responsibilities as may from time to time be placed upon the chief of police by mayor and1454
council.  The city council may in their discretion require the chief of police to collect and1455
account for all fines and fi. fas.1456
SECTION 9.14.1457
Duties of fire chief.1458
The duties of the fire chief shall be those duties as are now imposed on the fire chief of the1459
City of Dalton by law, and he or she shall be responsible for other duties and responsibilities1460
as may from time to time be placed upon the fire chief by mayor and council.1461
SECTION 9.15.1462
Chiefs constituted heads of departments; status; removal.1463
The chief of police and the chief of the fire department of the City of Dalton shall be the1464
head of their respective departments, and shall hold office until removed by the mayor and1465
council.  Such chiefs shall be appointed by the mayor and council of the City of Dalton.  The1466
chief of police and the chief of the fire department may be removed, demoted, or discharged1467
at any time by the mayor and council of the City of Dalton.1468
H. B. 1229
- 64 - 24 HB 1229/AP
SECTION 9.16.
1469
Supervision and control of police officers and firefighters.1470
All police officers shall be subject to the direction and control of the chief of police, and all1471
firefighters shall be subject to the direction and control of the chief of the fire department,1472
and each respective chief shall have the right to discharge or suspend any officer or1473
firefighter for incompetency, insubordination, or misconduct, and report such suspension or1474
discharge to the city administrator.1475
SECTION 9.17.1476
Salaries.1477
The salaries of the chief of police, the chief of the fire department, and all officers and1478
firefighters shall be fixed by the city administrator from time to time.1479
ARTICLE X1480
ZONING AND PLANNING1481
SECTION 10.10.1482
Adoption of plan for districting city, regulating districts.1483
The mayor and council may, in the interest of the public health, safety, order, convenience,1484
comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting1485
or zoning of the city for the purpose of regulating the location of trades, industries, apartment1486
houses, dwellings, or other uses of property, or for the purpose of regulating the height of1487
the buildings or other structures, or for the area or dimensions of the lots, or of the yards used1488
in connection with buildings or other structures, or for the purposes of regulating the1489
H. B. 1229
- 65 - 24 HB 1229/AP
alignment of buildings or other structures near street frontages.  The zoning regulations may
1490
be based upon any one or more of the purposes above described.  The city may be divided1491
into such number of districts and zones, and such districts may be of such shape and area,1492
as the mayor and council shall deem best situated to accomplish the purposes of the zoning1493
regulations, including, but not limited to, unified zoning with Whitfield County.  In the1494
determination and establishment of districts and regulations, classifications may be used1495
based on the nature or character of the trade, industry, profession, or other activity conducted1496
or to be conducted upon the premises, the number of persons, families or other group units1497
to reside in or use buildings, the public, quasi-public, or private nature of the use of premises,1498
or upon any other basis or bases relevant to the promotion of the public health, safety, order,1499
morals, conveniences, prosperity, or welfare.1500
SECTION 10.11.1501
Classification, regulation of residential districts.1502
For the reasons above stated, said mayor and council shall have the further right and power,1503
in any districts proposed to be set aside primarily for residence purposes, to further classify1504
the use thereof, and to provide therein the class or classes of residents to be housed therein,1505
and to provide therein such other and similar regulations and restrictions as shall secure the1506
peace and good order of the city and residents thereof.1507
SECTION 10.12.1508
Amendment of zoning regulations.1509
The City of Dalton, by and through its mayor and council, may from time to time amend or1510
change the regulations or districts established by the zoning ordinance.1511
H. B. 1229
- 66 - 24 HB 1229/AP
SECTION 10.13.
1512
Vote required to adopt, amend zoning regulations.1513
No such ordinance or amendment thereto, authorized by any section of this article, shall be1514
adopted except by three-fourths vote of the mayor and council.1515
ARTICLE XI1516
AUTHORITIES AND COMMISSIONS1517
DIVISION 1. DEVELOPMENT AUTHORITY1518
SECTION 11.10.1519
City of Dalton building authority.1520
(a)  The City of Dalton Building Authority, created pursuant to an Act consolidating,1521
amending, and codifying the various Acts incorporating the City of Dalton, approved1522
February 24, 1874 (Ga. L. 1874, p. 181), as amended, and is hereby affirmed, which is1523
deemed to be an instrumentality of the State of Georgia and a public corporation and in that1524
name, style, and title said body may contract and be contracted with, sue and be sued, plead1525
and be interpleaded, and complain and defend in all courts of law and equity.  In the event1526
the name of said authority shall ever become the subject of change, the same may be1527
accomplished by an act of the General Assembly.1528
(b)  The said authority was created for the purpose of acquiring, constructing, equipping,1529
maintaining, and operating self-liquidating projects embracing buildings and facilities for1530
use by the City of Dalton, Georgia, for its governmental, proprietary and administrative1531
functions and for the use by such other agencies, authorities, departments, and political1532
subdivisions of the State of Georgia or the government of the United States as may contract1533
with the authority for the use of such facilities.  The City of Dalton, Georgia, has the1534
H. B. 1229
- 67 - 24 HB 1229/AP
authority to lease or sell lands, buildings, or land and buildings now owned by the City of
1535
Dalton, Georgia, to said authority by appropriate resolution of the mayor and council of said1536
city and upon such terms and conditions as said mayor and council shall prescribe; provided,1537
that such sales by the City of Dalton, Georgia, to the authority shall be for cash, and provided1538
that such leases shall not exceed 50 years in duration.1539
(c)  The authority shall consist of five members as follows: 1540
(1)  One shall be the mayor of the City of Dalton, Georgia;1541
(2)  One shall be a member of the city council of said city to be appointed by said city1542
council;1543
(3)  One shall be a banker or other person having knowledge of financial matters, who is1544
a resident of the City of Dalton, to be appointed by the mayor and council of said city;1545
(4)  One shall be a businessman, who is a resident of the City of Dalton, to be appointed1546
by the mayor and council of said city; and1547
(5)  One shall be a citizen of the City of Dalton, who is a freeholder and qualified1548
registered voter of said city, to be appointed by the mayor and council of said city.1549
The terms of office of the members who are the mayor and city councilmember shall be1550
concurrent with their terms of office as mayor and councilmember.  The terms of office of1551
the remaining members of the authority shall be four years and until their successors are1552
appointed and qualified.  Successors to such members and to the member who is a city1553
councilmember shall be appointed as the original members were appointed, as provided1554
herein, and any vacancies shall be filled by the appointing authority, as provided herein, for1555
the unexpired term.  Immediately after such appointments, the members of such authority1556
shall enter upon their duties.  The authority shall elect one of its members as chairperson, and1557
one as vice chairperson, and shall also elect a secretary and treasurer, which secretary and1558
treasurer need not necessarily be a member of the authority.  Three members of the authority1559
shall constitute a quorum.  No vacancy on the authority shall impair the right of the quorum1560
to exercise all the rights and perform all the duties of the authority.  The members of the1561
H. B. 1229
- 68 - 24 HB 1229/AP
authority shall receive no compensation for their services but may be reimbursed by the
1562
authority for their actual expenses necessarily incurred in the performance of their duties. 1563
The authority shall make rules and regulations for its own government.  It shall have1564
perpetual existence. In the event the number of the members of the authority, the1565
qualifications of the membership of the authority, or the manner in which the members of1566
the authority shall be selected shall ever become the subject of change, the same may be1567
accomplished by an act of the General Assembly.1568
(d)  As used in this article, the following words and terms shall have the following meanings:1569
(1)  The word "authority" shall mean the City of Dalton Building Authority.1570
(2)  The words "the City of Dalton" and "city" shall mean the corporate body created by1571
the General Assembly of Georgia under the name and style of "The City of Dalton."1572
(3)  The word "project" shall be deemed to mean and include one or a combination of two1573
or more of the following: buildings and facilities intended for use as courthouse, jail, police1574
station, fire station, administrative offices and other offices and related uses, and all1575
buildings, structures, electric, gas, steam, and water utilities and facilities of every kind and1576
character deemed by the authority necessary or convenient for the efficient operation of1577
any department, board, office, commission, or agency of the City of Dalton in the1578
performance of its governmental, proprietary and administrative functions, or of such1579
buildings and facilities intended for use by any division, department, institution, agency,1580
or political subdivision of the State of Georgia or the government of the United States.1581
(4)  The term "cost of the project" shall embrace the cost of construction, the cost of all1582
lands, properties, rights and easements, and franchises acquired, the cost of all machinery1583
and equipment, financing charges, interest prior to and during construction, cost of1584
engineering, architectural and legal expenses, of plans and specifications, and other1585
expenses necessary or incident to determining the feasibility or practicability of the project,1586
administrative expense, and such other expenses as may be necessary or incident to the1587
financing authorized in this section, the construction of any project, the placing of the same1588
H. B. 1229
- 69 - 24 HB 1229/AP
in operation, and the condemnation of property necessary for such construction and
1589
operation. Any obligation or expense incurred for any of the foregoing purposes shall be1590
regarded as a part of the cost of the project and may be paid or reimbursed as such out of1591
the proceeds of revenue bonds issued under the provisions in this section.1592
(5)  The terms "revenue bonds" and "bonds," as used in this section, shall mean revenue1593
bonds under the provisions of the Revenue Bond Law, Code Section 36-82-60 of the1594
O.C.G.A., et seq., and such type of obligations may be issued by the authority as1595
authorized under said Revenue Bond Law, and in addition, shall also mean obligations of1596
the authority, the issuance of which are hereinafter specifically provided for herein.1597
(6)  Any project or combination of projects shall be deemed "self-liquidating" if, in the1598
judgment of the authority, the revenues to be derived by the authority from rentals of said1599
project or projects to the City of Dalton or agencies, authorities, departments, and political1600
subdivisions of the State of Georgia and of the United States will be sufficient to pay the1601
cost of maintaining, repairing, and operating the project and to pay the principal and1602
interest of revenue bonds which may be issued for the cost of such project, projects, or1603
combination of projects.1604
(e)  The authority shall have the powers:1605
(1)  To have a seal and alter the same at pleasure;1606
 (2)  To acquire by purchase, lease, or otherwise, and to hold, lease and dispose of real and1607
personal property of every kind and character for its corporate purposes;1608
(3)  To acquire in its own name by purchase, on such terms and conditions and in such1609
manner as it may deem proper or by condemnation in accordance with the provisions of1610
any and all existing laws applicable to the condemnation of property for public use, real1611
property, or rights of easements therein, or franchises necessary or convenient for its1612
corporate purposes, and to use the same so long as its corporate existence shall continue1613
and to lease or make contracts with respect to the use of or dispose of the same in any1614
manner it deems to the best advantage of the authority, the authority being under no1615
H. B. 1229
- 70 - 24 HB 1229/AP
obligation to accept and pay for any property condemned as provided herein except from
1616
the funds provided herein, and in any proceedings to condemn, such orders may be made1617
by the court having jurisdiction of the suit, action, or proceedings as may be just to the1618
authority and to the owners of the property to be condemned, and no property shall be1619
acquired as provided herein upon which any lien or other incumbrance exists, unless at the1620
time such property is so acquired a sufficient sum of money be deposited in trust to pay1621
and redeem the fair value of such lien or incumbrance;1622
(4) To appoint and select officers, agents, and employees, including engineering,1623
architectural and construction experts, fiscal agents and attorneys, and fix their1624
compensation;1625
(5)  To make contracts and leases and to execute all instruments necessary or convenient,1626
including contracts for construction of projects and leases of projects or contracts with1627
respect to the use of projects which it causes to be erected or acquired, and the City of1628
Dalton and any divisions, departments, institutions, agencies, counties, or political1629
subdivisions of the State of Georgia are hereby authorized to enter into contracts, leases,1630
or agreements with the authority upon such terms and for such purposes as they deem1631
advisable; and without limiting the generality of the above, authority is specifically granted1632
to the said city and any division, department, institution, agency, or political subdivision1633
of the State of Georgia to enter into lease contracts and related agreements for the use of1634
any structure, building, or facility or a combination of any two or more structures,1635
buildings, or facilities of the authority for a term not exceeding 50 years and any division,1636
department, institution, agency, or political subdivision of the State of Georgia may1637
obligate itself to pay an agreed sum for the use of such property and the City of Dalton1638
may enter into lease contracts and related agreements for the use of any structure, building,1639
or facility or a combination of two or more structures, buildings, or facilities of the1640
authority for a term not exceeding 50 years upon a majority vote of its governing body and1641
may obligate itself to pay an agreed sum for the use of such property so leased and also1642
H. B. 1229
- 71 - 24 HB 1229/AP
obligate itself as a part of the undertaking to pay the cost of maintaining, repairing, and
1643
operating the property furnished by and leased from the authority;1644
(6)  To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve,1645
equip, operate, and manage projects, as hereinabove defined, to be located on property1646
owned by or leased by the authority, the cost of any such project to be paid in whole or in1647
part from the proceeds of revenue bonds of the authority or from such proceeds and any1648
grant from the United States of America or any agency or instrumentality thereof;1649
(7)  To accept loans, grants of money, or materials, or property of any kind from the United1650
States of America or any agency, or instrumentality thereof upon such terms and1651
conditions as the United States of America or such agency or instrumentality may impose.1652
(8)  To borrow money for any of its corporate purposes and to issue negotiable revenue1653
bonds payable solely from funds pledged for that purpose, and to provide for the payment1654
of the same and for the rights of the holders thereof;1655
(9)  To exercise any power usually possessed by private corporations performing similar1656
functions, which is not in conflict with this charter, the Constitution, and laws of this state;1657
and1658
(10)  To do all things necessary or convenient to carry out the powers expressly given in1659
this charter.1660
(f)  The authority, or any authority or body which has or which may in the future succeed to1661
the powers, duties, and liabilities vested in the authority created hereby, shall have power1662
and is hereby authorized at one time, or from time to time, to provide by resolution for the1663
issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost1664
as defined of any one or more projects.  The principal and interest of such revenue bonds1665
shall be payable solely from the special fund in this section  provided for such payment.  The1666
bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the1667
maximum limit prescribed in the Revenue Bond Law, Code Section 36-82-60 of the1668
O.C.G.A. et seq., or any amendment thereto, shall be payable semiannually, shall mature at1669
H. B. 1229
- 72 - 24 HB 1229/AP
such time or times not exceeding 30 years from their date or dates, shall be payable in such
1670
medium of payment as to both principal and interest as may be determined by the authority,1671
and may be made redeemable before maturity, at the option of the authority at such price or1672
prices and under such terms and conditions as may be fixed by the authority in the resolution1673
providing for the issuance of the bonds.  Such revenue bonds or obligations shall be issued1674
pursuant to and in conformity with the Revenue Bond Law, Code Section 36-82-60 of the1675
O.C.G.A. et seq., and all procedures pertaining to such issuance and the conditions thereof1676
shall be the same as those contained in said Revenue Bond Law and any amendments1677
thereto.1678
(g)  The authority shall determine the form of the bonds, including any interest coupons to1679
be attached thereto, and shall fix the denomination or denominations of the bonds and the1680
place or places of payment of principal and interest thereof which may be at any bank or1681
trust company within or without the state.  The bonds may be issued in coupon or registered1682
form or both, as the authority may determine, and provision may be made for the registration1683
of any coupon bond as to the principal alone and also as to both the principal and interest.1684
(h)  In case any officer whose signature shall appear on any bonds or whose facsimile1685
signature shall appear on any coupon shall cease to be an officer before the delivery of such1686
bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as1687
if  or she had remained in office until such delivery.  All such bonds shall be signed by the1688
chairperson of the authority and attested by the secretary and treasurer of the authority and1689
the official seal of the authority shall be affixed thereto and any coupons attached thereto1690
shall bear the facsimile signatures of the chairperson and secretary and treasurer of the1691
authority. Any bond may be signed, sealed, and attested on behalf of the authority by such1692
persons as at the actual time of the execution of such bonds shall be duly authorized or hold1693
the proper office, although at the date of delivery and payment of such bonds such persons1694
may not have been so authorized or shall not have held such office.1695
H. B. 1229
- 73 - 24 HB 1229/AP
(i)  All revenue bonds issued under the provisions of this section shall be fully negotiable for
1696
all purposes and shall have and are hereby declared to have all of the qualifications of1697
negotiable instruments under the laws of the state.  Such bonds are declared to be issued for1698
an essential public and governmental purpose and the said bonds and the income thereof1699
shall be exempt from all taxation within the state.1700
(j)  The authority may sell such bonds in such manner and for such price as it may determine1701
to be for the best interest of the authority.1702
(k)  The proceeds of such bonds shall be used solely for the payment of the cost of the1703
project or projects, and unless otherwise provided in the resolution authorizing the issuance1704
of the bonds or in the trust indenture, additional bonds may in like manner be issued to1705
provide the amount of any deficit, which unless otherwise provided in the resolution1706
authorizing the issuance of the bonds or in the trust indenture shall be deemed to be of the1707
same issue and shall be entitled to payment from the same fund without preference or1708
priority of the bonds first issued for the same purpose.  If the proceeds of the bonds of any1709
issue shall exceed the amount required for the purpose for which such bonds are issued, the1710
surplus shall be paid into such funds as may be provided in the resolution authorizing the1711
issuance of the bonds or in the trust indenture.1712
(l)  Prior to the preparation of definitive bonds, the authority may, under like restrictions,1713
issue interim receipts, interim certificates, or temporary bonds, with or without coupons1714
exchangeable for definitive bonds upon the issuance of the latter.1715
(m)  The authority may also provide for the replacement of any bond which shall become1716
mutilated or be destroyed or lost.1717
(n)  Such revenue bonds may be issued without any other proceedings.  In the discretion of1718
the authority, revenue bonds of a single issue may be issued for the purpose of any particular1719
project.  Any resolution, providing for the issuance of revenue bonds upon the provisions1720
hereof, shall become effective immediately upon its passage and need not be published or1721
H. B. 1229
- 74 - 24 HB 1229/AP
posted, and any such resolution may be passed at any regular or special or adjourned meeting
1722
of the authority by a majority of the quorum as provided in this chapter.1723
(o)  Revenue bonds issued by the authority hereunder shall not be deemed to constitute a1724
debt of the City of Dalton, Georgia, nor of any municipality, county, authority, or political1725
subdivision of the State of Georgia or instrumentality of the United States government which1726
may contract with such authority.  No contracts entered into by the authority with any such1727
municipality, county, authority, or political subdivision of the State of Georgia or1728
instrumentality of the United States government shall create a debt of the respective1729
municipalities, counties, authorities, or political subdivisions of the State of Georgia within1730
the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia,1731
but any such municipality, county, authority, or political subdivision of the State of Georgia1732
may obligate itself to pay the payments required under such contracts from monies received1733
from taxes and from any other source without creating a debt within the meaning of Article1734
IX, Section V, Paragraph I of the Constitution of the State of Georgia.1735
(p)  In the discretion of the authority, any issue of such revenue bonds may be secured by a1736
trust indenture by and between the authority and a corporate trustee, which may be any trust1737
company or bank having the powers of a trust company within or outside of the state.  Such1738
trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the1739
authority, including the proceeds derived from the sale from time to time of any surplus1740
property of the authority, both real and personal.  Either the resolution providing for the1741
issuance of revenue bonds or such trust indenture may contain such provisions for protecting1742
and enforcing the rights and remedies of the bondholders as may be reasonable and proper1743
and not in violation of law, including covenants setting forth the duties of the authority in1744
relation to the acquisition of property, the construction of the project, the maintenance,1745
operation, repair and insurance of the property, and the custody, safeguarding, and1746
application of all monies, including the proceeds derived from the sale of property of the1747
authority, both real and personal, and may also provide that any project shall be constructed1748
H. B. 1229
- 75 - 24 HB 1229/AP
and paid for under the supervision and approval of consulting engineers, architects employed
1749
or designated by the authority, and satisfactory to the original purchasers of the bonds issued1750
therefor and may also require that the security given by contractors and by any depository1751
of the proceeds of the bonds, revenues, or other monies be satisfactory to such purchasers,1752
and may also contain provisions concerning the conditions, if any, upon which additional1753
revenue bonds may be issued.  It shall be lawful for any bank or trust company incorporated1754
under the laws of this state to act as such depository and to furnish such indemnifying bonds1755
or pledge such securities as may be required by the authority.  Such indenture may set forth1756
the rights and remedies of the bondholders and of the trustee, and may restrict the individual1757
right of action of bondholders as is customary in trust indentures securing bonds and1758
debentures of corporations.  In addition to the foregoing, such trust indenture may contain1759
such other provisions as the authority may deem reasonable and proper for the security of1760
the bondholders.  All expenses incurred in carrying out such trust indenture may be treated1761
as a part of the cost of maintenance, operation, and repair of the project affected by such1762
indenture.1763
(q)  The authority shall, in the resolution providing for the issuance of revenue bonds or in1764
the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any1765
officer or person who or any agency, bank, or trust company which shall act as trustee of1766
such funds and shall hold and apply the same to the purposes hereof, subject to such1767
regulations as are herein provided and such regulations as may be provided in such1768
resolution or trust indenture.1769
(r)  The revenues, fees, tolls, and earnings derived from any particular project or projects,1770
regardless of whether or not such fees, earnings, and revenues were produced by a particular1771
project for which bonds have been issued and any monies derived from the sale of any1772
properties, both real and personal of the authority, unless otherwise pledged and allocated,1773
may be pledged and allocated by the authority to the payment of the principal and interest1774
on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or1775
H. B. 1229
- 76 - 24 HB 1229/AP
in the trust instrument may provide, and such funds so pledged from whatever source
1776
received, which said pledge may include funds received from one or more or all sources,1777
shall be set aside at regular intervals as may be provided in the resolution or trust indenture,1778
into a sinking fund which said sinking fund shall be pledged to and charged with the1779
payments of:1780
(1)  The interest upon such revenue bonds as such interest shall fall due;1781
(2)  The principal of the bonds as the same shall fall due;1782
(3)  The necessary charges of paying agent or agents for paying principal and interest; and1783
(4)  Any premium upon bonds retired by call or purchase as hereinabove provided.1784
The use and disposition of such sinking fund shall be subject to such regulations as may be1785
provided in the resolution authorizing the issuance of the revenue bonds or in the trust1786
indenture, but, except as may otherwise be provided in such resolution or trust indenture,1787
such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or1788
priority of one over another.  Subject to the provisions of the resolution authorizing the1789
issuance of the bonds or in the trust indenture surplus monies in the sinking fund may be1790
applied to the purchase or redemption of bonds and any such bonds so purchased or1791
redeemed shall forthwith be cancelled and shall not again be issued.1792
(s)  Any holder of revenue bonds issued under the provisions hereof or any of the coupons1793
appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the1794
rights herein given may be restricted by resolution passed before the issuance of the bonds1795
or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other1796
proceedings, protect, and enforce any and all rights under the laws of the State of Georgia1797
or granted hereunder such resolution or trust indenture, and may enforce and compel1798
performance of all duties required herein or by such resolution or trust indenture, to be1799
performed by the authority, or any officer thereof, including the fixing, charging, and1800
collecting of revenues, fees, tolls, and other charges for the use of the facilities and services1801
furnished.1802
H. B. 1229
- 77 - 24 HB 1229/AP
(t)  The authority is hereby authorized to provide by resolution for the issue of revenue bonds
1803
of the authority for the purpose of refunding any revenue bonds issued under the provisions1804
hereof and then outstanding, together with accrued interest thereon.  The issuance of such1805
revenue refunding bonds, the maturities and all other details thereof, the rights of the holders1806
thereof, and the duties of the authority in respect to the same, shall be governed by the1807
foregoing provisions hereof insofar as the same may be applicable.1808
(u)  Any action to protect, or enforce any rights under the provisions of this section or any1809
suit or action against such authority shall be brought in the superior court of Whitfield1810
County, Georgia, and any action pertaining to validation of any bonds issued under the1811
provisions of this section shall likewise be brought in said court which shall have exclusive,1812
original jurisdiction of such actions.1813
(v) Bonds of the authority shall be confirmed and validated in accordance with the1814
procedure of the Revenue Bond Law, Code Section 36-82-60 of the O.C.G.A., et seq.  The1815
petition for validation shall also make party defendant to such action any municipality,1816
county, authority, subdivision, or instrumentality of the State of Georgia or the United States1817
government or any department or agency of the United States government, if subject to be1818
sued, which has contracted with the authority for the services and facilities of the project for1819
which bonds are to be issued and sought to be validated and such municipality, county,1820
authority, subdivision, or instrumentality shall be required to show cause, if any, why such1821
contract or contracts and the terms and conditions thereof should not be inquired into by the1822
court and the validity of the terms thereof be determined and the contract or contracts1823
adjudicated as security for the payment of any such bonds of the authority.  The bonds when1824
validated and the judgment of validation shall be final and conclusive with respect to such1825
bonds, against the authority issuing the same, and any municipality, county, authority,1826
subdivision, or instrumentality of the United States government, if a party to the validation1827
proceedings, contracting with the said The City of Dalton Building Authority.1828
H. B. 1229
- 78 - 24 HB 1229/AP
(w)  While any of the bonds issued by the authority remain outstanding, the powers, duties,
1829
or existence of said authority or of its officers, employees, or agents shall not be diminished1830
or impaired in any manner that will affect adversely the interest and rights of the holders of1831
such bonds, and no other entity, department, agency, or authority will be created which will1832
compete with the authority to such an extent as to affect adversely the interest and rights of1833
the holders of such bonds, nor will the state itself so compete with the authority.  The1834
provisions of this section shall be for the benefit of the authority and the holders of any such1835
bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract1836
with the holders of such bonds.1837
(x)  All monies received pursuant to the authority hereof, whether as proceeds from the sale1838
of revenue bonds, as grants, or other contributions, or as revenues, income, fees, and1839
earnings shall be deemed to be trust funds to be held and applied solely as provided for1840
herein.1841
(y)  It is hereby declared that the authority will be performing an essential governmental1842
function in the exercise of the power conferred upon it hereunder and that the authority shall1843
be required to pay no taxes or assessments upon any of the property acquired by it or under1844
its jurisdiction, control, possession, or supervision, or upon its activities in the operation and1845
maintenance of the buildings erected or acquired by it or any fees, rentals, or other charges1846
for the use of such buildings, or other income received by the authority.1847
(z)  The authority shall have the same immunity and exemption from liability for torts and1848
negligence as the State of Georgia has and the officers, agents, and employees of the1849
authority when in performance of the work of the authority shall have the same immunity1850
and exemption from liability for torts and negligence as the officers, agents, and employees1851
of the State of Georgia.  The authority may be sued in the same manner as private1852
corporations may be sued on any contractual obligation of the authority.1853
(aa)  The property of the authority shall not be subject to levy and sale under legal process1854
except such property, revenue, income, or funds as may be pledged, assigned, mortgaged,1855
H. B. 1229
- 79 - 24 HB 1229/AP
or conveyed to secure an obligation of the authority, and any such property, revenue, funds,
1856
or income may be sold under legal process or under any power granted by the authority to1857
enforce payment of the obligation.1858
SECTION 11.11.1859
Downtown Dalton development authority.1860
The General Assembly created in and for the City of Dalton, the downtown Dalton1861
development authority for the purpose of the redevelopment of the downtown Dalton area.1862
Said authority shall have the power to employ engineers and planners, to contract for the1863
construction of buildings and other facilities, and to contract with the City of Dalton for the1864
construction, reconstruction, altering, changing and closing of streets and alleys.  The1865
authority shall have the power to issue bonds and revenue certificates, and to pledge1866
revenues and to levy and collect taxes within said districts for the retirement of said1867
indebtedness.  No taxes shall be levied by said authority on property used for residential1868
purposes or used for school or church purposes.  The authority shall have the right and power1869
of eminent domain for the purpose of acquiring property in the carrying out of its aims and1870
objectives.1871
DIVISION 2. AIRPORT AUTHORITY1872
SECTION 11.12.1873
Short title.1874
This section shall be known and may be cited as the "City of Dalton Airport Authority1875
Ordinances."1876
H. B. 1229
- 80 - 24 HB 1229/AP
SECTION 11.13.
1877
Purposes.1878
The City of Dalton airport authority, was created pursuant to an Act consolidating,1879
amending, and codifying the various Acts incorporating the City of Dalton, approved1880
February 24, 1874, (Ga. L. 1874, p. 181), as amended, and is hereby affirmed.  The City of1881
Dalton airport authority's purposes shall be to oversee the day-to-day operation and general1882
management of the existing airport and landing field of the City of Dalton for the use of1883
aircraft and related aeronautical activities.1884
SECTION 11.14.1885
Membership.1886
The City of Dalton airport authority shall be composed of five individuals with qualifications1887
as provided in this section, all of whom shall be appointed by the mayor and council of the1888
City of Dalton pursuant to passage of appropriate resolutions.  The members of the City of1889
Dalton airport authority shall be designated by the mayor and council to serve terms for1890
terms of five years.  The terms of the members of such authority shall be staggered as in1891
effect on the date of this charter.  Upon the death, resignation, or other event creating a1892
vacancy in the seat of any member of the authority, the mayor and council shall fill the1893
vacancy by appointing a qualified individual to fill the unexpired term of the vacating1894
member through passage of an appropriate resolution of the mayor and council. For1895
purposes of determining the time of the regular expiration of any term of office of any1896
member of the authority, a year shall be deemed to run from the date of the first regular1897
meeting of the mayor and council in January of any calendar year until the first regular1898
meeting of the mayor and council in the succeeding calendar year.  A member of the1899
H. B. 1229
- 81 - 24 HB 1229/AP
authority must, at the time of appointment by the mayor and council and at all times
1900
thereafter, during the tenure of service on the authority possess the following qualifications:1901
(1)  Maintain a permanent residence within Whitfield County, Georgia; and1902
(2)  Be not less than 18 years of age.1903
SECTION 11.15.1904
Ex officio members.1905
The city administrator or his or her successor in office shall be a nonvoting ex officio1906
member of the authority who shall be entitled to participate in all meetings of the authority.1907
SECTION 11.16.1908
Meetings.1909
The authority shall meet at such times as may be necessary to transact the business and fulfill1910
its public purpose but the authority shall hold an organizational meeting each year within 301911
days of the first meeting of the mayor and council in January.  At each organizational1912
meeting, the members of the authority shall elect one of its members as its chairperson and1913
another member as secretary.  The term of the chairperson and secretary shall be for a period1914
beginning with their election by the authority and expiring with the organizational meeting1915
of the authority in the following year or upon their death, resignation, or vacancy in the1916
position of authority member for whatever reason, whichever shall earlier occur.  In the1917
event of a death, resignation, or vacancy in the position of authority member of the1918
chairperson or secretary of the authority, the members of the authority shall elect one of their1919
members to fill the vacant office for the expiration of the term of office.  The chairperson1920
and secretary of the authority may be elected by the authority members for succeeding terms1921
during their tenure.  A meeting of the authority may be held upon call of the chairperson, or1922
H. B. 1229
- 82 - 24 HB 1229/AP
any two  members of the authority, or upon call of the city administrator as a nonvoting ex
1923
officio member.  A quorum for the transaction of business of the authority shall consist of1924
three  voting members of the authority.  Each voting member of the authority shall have one1925
vote on all matters and issues to be decided.  A vote of the majority of the members of the1926
authority present in person and voting at any meeting of the authority shall carry on any1927
decision to be made.1928
SECTION 11.17.1929
Compensation.1930
No member of the authority shall be paid any salary or compensation for his or her service.1931
However, the mayor and council shall be authorized in its discretion to set by ordinance a1932
mileage allowance and per diem expense for members of the authority traveling or in1933
attendance on official business of the authority.  The salary and employment benefits of any1934
staff members of the authority shall be determined by the mayor and council through the1935
budgetary processes of the mayor and council.1936
SECTION 11.18.1937
Staff.1938
The authority shall be authorized to hire, contract with, or appoint an airport manager and1939
such other employees as they deem necessary to carry out the business, affairs, and public1940
purposes of the authority provided compensation and any related benefits to said employees1941
of the authority are included within the budget for the authority set by the mayor and council1942
of the City of Dalton.  Further, the authority may employ or retain such expert or consultant1943
services as required to carry on its operations and meet its public purposes subject to the1944
budgetary allowances as set by the mayor and council.1945
H. B. 1229
- 83 - 24 HB 1229/AP
SECTION 11.19.
1946
Budget.1947
The authority through its chairperson shall submit an annual request for budget to the mayor1948
and council or its designated committee at the times and in the form directed by the mayor1949
and council.1950
SECTION 11.20.1951
Legal services.1952
The city attorney shall serve as counsel and legal adviser to the authority and shall perform1953
such legal services as the authority shall request.1954
SECTION 11.21.1955
Powers.1956
Subject to any general limitations enacted by the mayor and council as well as the budgetary1957
allowances or limitations imposed by the mayor and council and the rights and interests of1958
any holder of bonds or obligations issued by the City of Dalton relating to or affecting1959
property owned, operated, or leased by the city for airport and related aeronautical activities,1960
the authority shall have and exercise the following powers:1961
(1)  To have a seal and alter the same at its pleasure;1962
(2)  To appoint, select, and employ officers, agents and employees including engineering,1963
architectural, and construction experts, and fiscal agents and fix their respective1964
compensation subject to its budgetary limitations;1965
(3)  To oversee the day-to-day operations and general management of the airport and1966
landing field; however, such power shall not include the power to make or terminate1967
H. B. 1229
- 84 - 24 HB 1229/AP
contracts or leases with respect to land, which powers are expressly reserved to the mayor
1968
and council; and1969
(4)  To promulgate rules and regulations for air and ground operations on the airport and1970
landing field all in conformity with applicable provisions of federal, state and local laws,1971
statutes, ordinances, and regulations.1972
SECTION 11.22.1973
Monies payable to general fund.1974
All revenues collected by the authority on leases, franchises, hangar rentals, service fees,1975
surplus property sales, and from any other source shall be properly accounted for and paid1976
over to the general fund of the City of Dalton.  The mayor and council shall establish1977
accounts and audit procedures for revenues collected by the authority and shall implement1978
same at all times.1979
ARTICLE XII1980
GENERAL PROVISIONS1981
SECTION 12.10.1982
Bonds for officials.1983
The officers and employees of this city, both elective and appointive, shall execute such1984
surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor1985
and council shall from time to time require by ordinance or as may be provided by law.1986
H. B. 1229
- 85 - 24 HB 1229/AP
SECTION 12.11.
1987
Prior ordinances.1988
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent1989
with this charter are hereby declared valid and of full effect and force until amended or1990
repealed by the mayor and council.1991
SECTION 12.12.1992
Pending matters.1993
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1994
contracts, and legal or administrative proceedings shall continue and any such ongoing work1995
or cases shall be completed by such city agencies, personnel, or offices as may be provided1996
by the mayor and council.1997
SECTION 12.13.1998
Construction.1999
(a)  Section captions in this charter are informative only and are not to be considered as a2000
part thereof.2001
(b)  The word "shall" is mandatory and the word "may" is permissive.2002
(c)  The singular shall include the plural, the masculine shall include the feminine, and vice 2003
versa.2004
H. B. 1229
- 86 - 24 HB 1229/AP
SECTION 12.14.
2005
Severability.2006
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall2007
be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect2008
or impair other parts of this charter unless it clearly appears that such other parts are wholly2009
and necessarily dependent upon the part held to be invalid or unconstitutional, it being the2010
legislative intent in enacting this charter that each article, section, subsection, paragraph,2011
sentence, or part thereof be enacted separately and independent of each other.2012
SECTION 12.15.2013
Specific repealer.2014
(a)  An Act consolidating, amending, and codifying the various Acts incorporating the City2015
of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), and all amendatory Acts2016
thereto are hereby repealed in their entirety.2017
(b)  All laws and parts of laws relating to or affecting the City of Dalton in force when this2018
charter shall take effect are hereby repealed and superseded to the extent that the same are2019
inconsistent with the provisions of this charter and no further.2020
(c)  All other laws and parts of laws shall continue in force until repealed, amended,2021
modified or superseded.2022
(d) Insofar as the provisions of this charter are the same in terms or in substance and effect2023
as provisions of law in force when this charter shall take effect, relating to or affecting the2024
City of Dalton, the provisions of this charter are intended to be not a new enactment but a2025
continuation of such provisions of law, and this charter shall be so construed and applied.2026
H. B. 1229
- 87 - 24 HB 1229/AP
SECTION 12.16.
2027
Repealer.2028
All laws and parts of laws in conflict with this Act are repealed. 2029
H. B. 1229
- 88 -