24 LC 47 2804/AP
House Bill 1400 (AS PASSED HOUSE AND SENATE)
By: Representative Greene of the 154
th
A BILL TO BE ENTITLED
AN ACT
To provide a new charter for the City of Damascus; to provide for incorporation, boundaries,
1
and powers of the city; to provide for the exercise of powers and limitations on powers; to2
provide for a governing authority of such city and the powers, duties, authority, prohibitions,3
elections, terms, removal from office, method of filling vacancies, compensation, expenses,4
and qualifications; to provide for conflict of interest and holding other offices; to provide for5
inquiries and investigations; to provide for organization and meeting procedures; to provide6
for ordinances; to provide for eminent domain; to provide for codes; to provide for the office7
of mayor and certain duties and powers relative to the office of mayor; to provide for a veto;8
to provide for a mayor pro tem; to provide for administrative responsibilities; to provide for9
boards, commissions, and authorities; to provide for a city attorney, city clerk, and other10
personnel; to provide for the establishment of a municipal court and the judge or judges11
thereof; to provide for practices and procedures; to provide for indigent defense and12
prosecutor; to provide for taxation, permits, and fees; to provide for franchises, service13
charges, and assessments; to provide for bonded and other indebtedness; to provide for14
accounting and budgeting; to provide for contracting and purchasing; to provide for sale of15
city property; to provide for bonds for officials; to provide for pending matters; to provide16
for definitions and construction; to provide for severability; to provide for related matters;17
to repeal specific Acts; to repeal conflicting laws; and for other purposes.18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
19
ARTICLE I20
INCORPORATION AND POWERS21
Section 1.10.22
Name.23
The city and the inhabitants thereof, are reincorporated by the enactment of this charter and24
are hereby constituted and declared a body politic and corporate under the name and style25
City of Damascus, Georgia, and by that name shall have perpetual existence.26
Section 1.11.27
Corporate boundaries.28
(a) The boundaries of this city shall be those existing on the effective date of the adoption29
of this charter with such alterations as may be made from time to time in the manner30
provided by law. On the effective date of the adoption of this charter, the existing corporate31
boundaries of the city extend three-fourths of a mile in every direction from the middle of32
the intersection of Georgia State Route 200 and the Seaboard Railroad in the city. The33
boundaries of this city at all times shall be shown on a map to be retained permanently in the34
City of Damascus City Hall and to be designated: "City of Damascus, Georgia". 35
Photographic, typed, or other copy of such map or description certified by the City of36
Damascus shall be admitted as evidence in all courts and shall have the same force and effect37
as with the original map or description.38
(b) The city council may provide for the redrawing of any such map by ordinance to reflect39
lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes40
the entire map or maps which it is designated to replace.41
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Section 1.12.
42
Powers and construction.43
(a) The city shall have all powers possible for a municipality to have under the present or44
future Constitution and laws of this state as fully and completely as though they were45
specifically enumerated in this charter. The city shall have all the powers of self-government46
not otherwise prohibited by this charter or by general law.47
(b) The powers of this 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 this city.50
Section 1.13.51
Specific powers.52
(a) Animal regulations. To regulate and license or to prohibit the keeping or running at large53
of animals and fowl, and to provide for the impoundment of the same if in violation of any54
ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction55
of animals and fowl when not redeemed as provided by ordinance; and to provide56
punishment for violation of ordinances enacted hereunder.57
(b) Appropriations and expenditures. To make appropriations for the support of the58
government of the city; to authorize the expenditure of money for any purposes authorized59
by this charter, or for municipalities by the laws of the State of Georgia; and to provide for60
the payment of expenses of the city.61
(c) Building regulation. To regulate and to license the erection and construction of buildings62
and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and63
air conditioning codes; and to regulate all housing and building trades.64
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(d) Business regulation and taxation. To levy and to provide for the collection of regulatory
65
fees and taxes on privileges, occupations, trades, and professions as authorized by Title 4866
of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit67
and regulate the same; to provide for the manner and method of payment of such regulatory68
fees and taxes; and to revoke such permits after due process for failure to pay any city taxes69
or fees.70
(e) Condemnation. To condemn property inside or outside the corporate limits of the city71
for present or future use and for any corporate purpose deemed necessary by the governing72
authority, utilizing procedures provided by the O.C.G.A. as the same shall exist from time73
to time.74
(f) Contracts. To enter into contracts and agreements with other governmental entities and75
with private persons, firms, and corporations.76
(g) Emergencies. To establish procedures for determining and proclaiming that an77
emergency situation exists within or without the city, and to make and carry out all78
reasonable provisions deemed necessary to deal with or meet such an emergency for the79
protection, safety, health, or well-being of the citizens of the city.80
(h) Environmental protection. To protect and preserve the natural resources, environment,81
and vital areas of the city through the preservation and improvement of air quality, the82
restoration and maintenance of water resources, the control of erosion and sedimentation, the83
management of solid and hazardous waste, and other necessary actions for the protection of84
the environment.85
(i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge,86
or restrict the same; to prescribe fire safety regulations not inconsistent with general law,87
relating to fire prevention and detection and to fire fighting; and to prescribe penalties and88
punishment for violations thereof.89
(j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and90
disposal, and other sanitary service charge, tax, or fee for such services as may be necessary91
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in the operation of the city from all individuals, firms, and corporations residing in or doing
92
business therein benefitting from such services or to whom such services are available; to93
enforce the payment of such charges, taxes, or fees; and to provide for the manner and94
method of collecting such service charges.95
(k) General health, safety, and welfare. To define, regulate, and prohibit any act, practice,96
conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare,97
and safety of the inhabitants of the city, and to provide for the enforcement of such standards.98
(l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any99
purpose related to powers and duties of the city and the general welfare of its citizens, on100
such terms and conditions as the donor or grantor may impose.101
(m) Health and sanitation. To prescribe standards of health and sanitation and to provide102
for the enforcement of such standards.103
(n) Jail sentences. To provide that persons given jail sentences in the city's court may work104
out such sentences in any public works or on the streets, roads, drains, and other public105
property in the city, to provide for commitment of such persons to any jail, or to provide for106
commitment of such persons to any county work camp or county jail by agreement with the107
appropriate county officials.108
(o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over109
all traffic, including parking upon or across the streets, roads, alleys, and walkways of the110
city.111
(p) Municipal agencies and delegation of power. To create, alter, or abolish departments,112
boards, offices, commissions, and agencies of the city, and to confer upon such agencies the113
necessary and appropriate authority for carrying out all the powers conferred upon or114
delegated to the same.115
(q) Municipal debts. To appropriate and borrow money for the payment of debts of the city116
and to issue bonds for the purpose of raising revenue to carry out any project, program, or117
venture authorized by this charter or the laws of the State of Georgia.118
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(r) Municipal property ownership. To acquire, dispose of, lease, option, and hold in trust
119
or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or120
outside the property limits of the city.121
(s) Municipal property protection. To provide for the preservation and protection of122
property and equipment of the city and the administration and use of same by the public; and123
to prescribe penalties and punishment for violations thereof.124
(t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of125
public utilities, including, but not limited to, a system of waterworks, sewers and drains,126
sewage disposal, gas works, electric light plants, cable television, and other127
telecommunications, transportation facilities, public airports, and any other public utility; and128
to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to129
provide for the withdrawal of service for refusal or failure to pay the same.130
(u) Nuisance. To define a nuisance and provide for its abatement whether on public or131
private property.132
(v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the133
authority of this charter and the laws of the State of Georgia.134
(w) Planning and zoning. To provide comprehensive city planning for development by135
zoning; and to provide subdivision regulation and the like as the city council deems136
necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community.137
(x) Police and fire protection. To exercise the power of arrest through duly appointed138
policemen and to establish, operate, or contract for a police and a fire fighting agency.139
(y) Public hazards: removal. To provide for the destruction and removal of any building or140
other structure which is or may become dangerous or detrimental to the public.141
(z) Public improvements. To provide for the acquisition, construction, building, operation,142
and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries,143
markets and market houses, public buildings, libraries, public housing, airports, hospitals,144
terminals, docks, parking facilities, or charitable, cultural, educational, recreational,145
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conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies,
146
and facilities; and to provide any other public improvements, inside or outside the corporate147
limits of the city; to regulate the use of public improvements; and for such purposes, property148
may be acquired by condemnation under procedures provided by the O.C.G.A. as the same149
shall exist from time to time.150
(aa) Public peace. To provide for the prevention and punishment of drunkenness, riots, and151
public disturbances.152
(bb) Public transportation. To organize and operate such public transportation systems as153
are deemed beneficial.154
(cc) Public utilities and services. To grant franchises or make contracts for, or impose taxes155
on public utilities and public service companies; and to prescribe the rates, fares, regulations156
and standards, and conditions of service applicable to the service to be provided by the157
franchise grantee or contractor, insofar as not in conflict with valid regulations of the public158
service commission.159
(dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal,160
and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other161
structures or obstructions upon or adjacent to the rights of way of streets and roads or within162
view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and163
punishment for violation of such ordinances.164
(ee) Retirement. To provide and maintain a retirement plan for officers and employees of165
the city.166
(ff) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of,167
abandon or close, construct, pave, curb, gutter, provide drainage for, adorn with shade trees,168
or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys,169
and walkways within the corporate limits of the city; and to grant franchises and rights of170
way throughout the streets and roads, and over the bridges and viaducts for the use of public171
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utilities; and to require real estate owners to repair and maintain in a safe condition the
172
sidewalks adjoining their lots or lands, and to impose penalties for failure to do so.173
(gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,174
constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal175
plant and sewerage system, and to levy on those to whom sewers and sewerage systems are176
made available a sewer service fee, charge, or sewer tax for the availability or use of the177
sewers; to provide for the manner and method of collecting such service charges and for178
enforcing payment of the same; and to charge, impose, and collect a sewer connection fee179
or fees to those connected with the system.180
(hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish,181
and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by182
others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper,183
and other recyclable materials, and to provide for the same of such items.184
(ii) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the185
manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms;186
to regulate the transportation, storage, and use of combustible, explosive, and inflammable187
materials, the use of lighting and heating equipment, and any other business or situation188
which the city may deem to be dangerous to persons or property; to regulate and control the189
conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of190
any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional191
fortune-telling, palmistry, adult bookstores, and massage parlors.192
(jj) Special assessments. To levy and provide for the collection of special assessments to193
cover the costs for any public improvements.194
(kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and195
collection of taxes on all property subject to taxation.196
(ll) Taxes: other. To levy and collect such other taxes as may be allowed now or in the197
future by law.198
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(mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the
199
number of such vehicles; to require the operators thereof to be licensed; to require public200
liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to201
regulate the parking of such vehicles.202
(nn) Urban redevelopment. To organize and operate an urban redevelopment program.203
(oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and204
immunities necessary or desirable to promote or protect the safety, health, peace, security,205
good order, comfort, convenience, or general welfare of the city and its inhabitants; and to206
exercise all implied powers necessary or desirable to carry into execution all powers granted207
in this charter as fully and completely as if such powers were fully stated herein; and to208
exercise all powers now or in the future authorized to be exercised by other municipal209
governments under other laws of the State of Georgia; and no listing of particular powers in210
this charter shall be held to be exclusive of others, nor restrictive of general words and211
phrases granting powers, but shall be held to be in addition to such powers unless expressly212
prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.213
Section 1.14.214
Exercise of powers.215
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or216
employees shall be carried into execution as provided by this charter. If this charter makes217
no provisions, such shall be carried into execution as provided by ordinance or as provided218
by pertinent laws of the State of Georgia.219
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ARTICLE II
220
GOVERNMENT STRUCTURE221
Section 2.10.222
City council creation; number; election.223
The legislative authority of the government of this city, except as otherwise specifically224
provided in this charter, shall be vested in a city council to be composed of a mayor and four225
councilmembers. The city council established shall in all respects be a successor to and226
continuation of the governing authority under prior law. The mayor and councilmembers227
shall be elected in the manner provided by general law and this charter.228
Section 2.11.229
City council terms and qualifications for office.230
The mayor and members of the city council shall serve for terms of four years and until their231
respective successors are elected and qualified. No person shall be eligible to serve as mayor232
or councilmember unless that person shall have been a resident of the city for one year prior233
to the date of election of the mayor or councilmember; each person holding city office shall234
continue to reside therein during his or her period of service and to be registered and235
qualified to vote in municipal elections of this city.236
Section 2.12.237
Vacancy; filling of vacancies.238
(a) The office of mayor or councilmember shall become vacant upon the occurrence of any239
event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such240
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other applicable laws as are or may hereafter be enacted. Provided, however, the office of
241
mayor or councilmember shall become vacant upon the unexcused absence of the holder of242
the office from four consecutive regularly scheduled meetings of the city council. Excused243
absences shall be granted by a majority vote of the remaining city councilmembers and the244
mayor as provided in Section 2.21 and shall be entered upon the minutes of the council245
meeting.246
(b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of247
the unexpired terms, if any, by appointment by the remaining councilmembers if less than248
six months remain in the unexpired term, otherwise by an election, as provided for in249
Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other250
such laws as are or may hereafter be enacted.251
Section 2.13.252
Compensation and expenses.253
The mayor and councilmembers shall receive compensation and expenses for their services254
as provided by ordinance.255
Section 2.14.256
Holding other office; voting when financially interested.257
(a) Elected and appointed officers of the city are trustees and servants of the residents of the258
city and shall act in a fiduciary capacity for the benefit of such residents.259
(b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any260
ordinance, resolution, contract, or other matter in which that person is financially interested.261
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Section 2.15.
262
Inquiries and investigations.263
Following the adoption of an authorizing resolution, the city council may make inquiries and264
investigations into the affairs of the city and the conduct of any department, office, or agency265
thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and266
require the production of evidence. Any person who fails or refuses to obey a lawful order267
issued in the exercise of these powers by the city council shall be punished as provided by268
ordinance.269
Section 2.16.270
General power and authority of the city council.271
Except as otherwise provided by law or this charter, the city council shall be vested with all272
the powers of government of this city.273
Section 2.17.274
Eminent domain.275
The city council is hereby empowered to acquire, construct, operate, and maintain public276
ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,277
sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports,278
hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional,279
penal and medical institutions, agencies and facilities, and any other public improvements280
inside or outside the city, and to regulate the use thereof, and for such purposes, property281
may be condemned under procedures established under general law applicable now or as282
provided in the future.283
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Section 2.18.
284
Organizational meetings.285
The city council shall hold an organizational meeting on the first meeting in January286
following the regular election, as provided in Section 5.11. The meeting shall be called to287
order by the city clerk, and the oath of office shall be administered to the newly elected288
members as follows:289
"I __________ do solemnly swear or affirm that I will properly perform the duties of the290
office of ____________ in and for the City of Damascus, to the best of my knowledge,291
skill, and ability; that I am not the holder of any unaccounted for public money due to the292
State of Georgia or any political subdivision or authority thereto; that I am not the holder293
of any office of trust under the government of the United States, any other state, or any294
foreign state, which I am by the laws of the State of Georgia prohibited from holding; that295
I am qualified to hold the office which I am about to enter according to the Constitution296
and laws of Georgia; that I will support the Constitution of the United States and the State297
of Georgia; that I have been a resident of the City of Damascus from which elected and the298
City of Damascus for the time required by the Constitution and laws of the State of Georgia299
and the Charter of the City of Damascus, so help me God."300
Section 2.19.301
Regular and special meetings.302
(a) The city council shall hold regular meetings at such times and places as shall be303
prescribed by ordinance.304
(b) Special meetings of the city council may be held on call of the mayor or two members305
of the city council. Notice of such special meetings shall be served on all other members306
personally, or by telephone personally, at least 24 hours in advance of the meeting. Such307
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notice to councilmembers shall not be required if the mayor and all councilmembers are
308
present when the special meeting is called. Such notice of any special meeting may be309
waived by a councilmember in writing before or after such a meeting, and attendance at the310
meeting shall also constitute a waiver of notice on any business transacted in such311
councilmember's presence. Only the business stated in the call may be transacted at the312
special meeting. Upon the unanimous consent of all members present, any business which313
may be transacted at a regular meeting may be conducted at the special meeting.314
(c) All meetings of the city council shall be public to the extent required by law, and notice315
to the public of special meetings shall be made fully as is reasonably possible as provided by316
Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter317
be enacted.318
Section 2.20.319
Rules of procedure.320
(a) The city council shall adopt its rules of procedure and order of business consistent with321
the provisions of this charter and shall provide for keeping a journal of its proceedings, which322
shall be a public record.323
(b) All committees and committee chairs and officers of the city council shall be appointed324
by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power325
to appoint new members to any committee at any time.326
Section 2.21.327
Quorum; voting.328
Three councilmembers other than the mayor or the mayor and two councilmembers shall329
constitute a quorum and shall be authorized to transact business of the city council. Voting330
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on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the
331
journal; but any member of the city council shall have the right to request a roll call vote, and332
such vote shall be recorded in the journal. Except as otherwise provided in this charter, the333
affirmative vote of three councilmembers or two councilmembers and the mayor shall be334
required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only335
in the event of a tie or when an affirmative or negative vote by the mayor constitutes a336
majority of three votes. An abstention shall not be counted as either an affirmative or337
negative vote.338
Section 2.22.339
Ordinance form; procedures.340
(a) Every proposed ordinance should be introduced in writing and in the form required for341
final adoption. No ordinance shall contain a subject which is not expressed in its title. The342
enacting clause shall be "It is hereby ordained by the governing authority of the City of343
Damascus," and every ordinance shall so begin.344
(b) An ordinance may be introduced by a councilmember and be read at a regular or special345
meeting of the city council. Ordinances shall be considered and adopted or rejected by the346
city council in accordance with the rules which it shall establish; provided, however, an347
ordinance shall not be adopted the same day it is introduced, except for emergency348
ordinances provided in Section 2.24. Upon introduction of any ordinance, the city clerk shall349
as soon as possible distribute a copy to the mayor and to each councilmember and shall file350
a reasonable number of copies in the office of the city clerk and at such other public places351
as the city council may designate.352
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Section 2.23.
353
Action requiring an ordinance.354
Acts of the city council which have the force and effect of law shall be enacted by ordinance.355
Section 2.24.356
Emergencies.357
(a) To meet a public emergency affecting life, health, property, or public peace, the city358
council may convene on call of the mayor or three councilmembers and promptly adopt an359
emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a360
franchise; regulate the rate charged by any public utility for its services; or authorize the361
borrowing of money except for loans to be repaid within 30 days. An emergency ordinance362
shall be introduced in the form prescribed for ordinances generally, except that it shall be363
plainly designated as an emergency ordinance and shall contain, after the enacting clause,364
a declaration stating that an emergency exists, and describing the emergency in clear and365
specific terms. An emergency ordinance may be adopted, with or without amendment, or366
rejected at the meeting at which it is introduced, but the affirmative vote of at least three367
councilmembers shall be required for adoption. It shall become effective upon adoption or368
at such later time as it may specify. Every emergency ordinance shall automatically stand369
repealed 30 days following the date upon which it was adopted, but this shall not prevent370
reenactment of the ordinance in the manner specified in this section if the emergency still371
exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance372
in the same manner specified in this section for adoption of emergency ordinances.373
(b) Such meetings shall be open to the public to the extent required by law, and notice to the374
public of emergency meetings shall be made as fully as is reasonably possible in accordance375
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with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may
376
hereafter be enacted.377
Section 2.25.378
Codes of technical regulations.379
(a) The city council may adopt any standard code of technical regulations by reference380
thereto in an adopting ordinance. The procedure and requirements governing such adopting381
ordinance shall be as prescribed for ordinances generally except that:382
(1) The requirements of Section 2.22(b) for distribution and filing of copies of the383
ordinance shall be construed to include copies of any code of technical regulations, as well384
as the adopting ordinance; and385
(2) A copy of each adopted code of technical regulations as well as the adopting ordinance,386
shall be authenticated and recorded by the city clerk pursuant to Section 2.26.387
(b) Copies of any adopted code of technical regulations shall be made available by the clerk388
for inspection by the public.389
Section 2.26.390
Signing; authenticating; recording; codification; printing.391
(a) The city clerk shall authenticate by his or her signature and record in full, in a properly392
indexed book kept for that purpose, all ordinances adopted by the city council.393
(b) The city council shall provide for the preparation of a general codification of all the394
ordinances of the city having the force and effect of law. The general codification shall be395
adopted by the city council by ordinance and shall be published promptly, together with all396
amendments thereto and such codes of technical regulations and other rules and regulations397
as the city council may specify. This compilation shall be known and cited officially as "The398
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Code of the City of Damascus, Georgia." Copies of the code shall be furnished to all
399
officers, departments, and agencies of the city and made available for purchase by the public400
at a reasonable price as fixed by the city council.401
(c) The city council shall cause each ordinance and each amendment to this charter to be402
printed promptly following its adoption, and the printed ordinances and charter amendments403
shall be made available for purchase by the public at reasonable prices to be fixed by the city404
council. Following publication of the first code under this charter and at all times thereafter,405
the ordinances and charter amendments shall be printed in substantially the same style as the406
code currently in effect and shall be suitable in form for incorporation therein. The city407
council shall make such further arrangements as deemed desirable with reproduction and408
distribution of any current changes in or additions to codes of technical regulations and other409
rules and regulations included in the code.410
Section 2.27.411
Election of mayor; forfeiture; compensation.412
The mayor shall be elected and serve for a term of four years and until a successor is elected413
and qualified. The mayor shall be a qualified elector of this city and shall have been a414
resident of the city for one year preceding the date of the election. The mayor shall continue415
to reside in this city during the period of service. The mayor shall forfeit the office on the416
same grounds and under the same procedure as for councilmembers. The compensation of417
the mayor shall be established in the same manner as for councilmembers.418
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Section 2.28.
419
Chief executive officer.420
The mayor shall be the chief executive of this city. The mayor shall possess all of the421
executive and administrative power granted to the city under the Constitution and laws of the422
State of Georgia and all the executive powers contained in this charter.423
Section 2.29.424
Powers and duties of mayor.425
As the chief executive of this city, the mayor shall:426
(1) See that all laws and ordinances of the city are faithfully executed;427
(2) Exercise supervision over all executive and administrative work of the city and over428
all employees and departments of the city and provide for the coordination of429
administrative activities;430
(3) Prepare and submit to the city council a recommended operating budget and capital431
budget;432
(4) Submit to the city council at least once a year a statement covering the financial433
conditions of the city, and from time to time, such other information as the city council434
may request;435
(5) Recommend to the city council such measures relative to the affairs of the city,436
improvement of the government, and promotion of the welfare of its inhabitants as the437
mayor may deem expedient;438
(6) Call special meetings of the city council as provided for in Section 2.19(b);439
(7) Preside at all meetings of the city council and vote only in the event of a tie or when440
an affirmative or negative vote by the mayor constitutes a majority of three votes;441
(8) Provide for an annual audit of all accounts of the city;442
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(9) Require any department or agency of the city to submit written reports whenever the
443
mayor deems it expedient; and444
(10) Perform such other duties as may be required by law, this charter, or by ordinance.445
Section 2.30.446
Mayor pro tempore; selection; duties.447
By a majority vote, the city council shall elect a councilmember to serve as mayor pro448
tempore. In the mayor's absence, the mayor pro tempore shall preside at meetings of the city449
council and shall assume the duties and powers of the mayor upon the mayor's physical or450
mental disability; provided that the mayor pro tempore shall vote as a member of the council451
at all times when serving as herein provided.452
ARTICLE III453
ADMINISTRATIVE AFFAIRS454
Section 3.10.455
Administrative and service departments.456
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall457
prescribe the functions of duties, and establish, abolish, alter, consolidate, or leave vacant all458
nonelective offices, positions of employment, departments, and agencies of the city, as459
necessary for the proper administration of the affairs and government of this city.460
(b) Except as otherwise provided by this charter or by law, the directors of city departments461
and other appointed officers of the city shall be appointed solely on the basis of their462
respective administrative and professional qualifications.463
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(c) All appointive officers and directors of departments shall receive such compensation as
464
prescribed by ordinance.465
(d) There shall be a director of each department or agency who shall be its principal officer. 466
Each director shall, subject to the direction and supervision of the mayor, be responsible for467
the administration and direction of the affairs and operations of that director's department or468
agency.469
(e) All appointive officers, directors, and department heads under the supervision of the470
mayor shall be nominated by the mayor with confirmation of appointment by the city471
council. All appointive officers, directors, and department heads shall be employees at will472
and subject to removal or suspension at any time by the mayor unless otherwise provided by473
law or ordinance.474
Section 3.11.475
Boards, commissions, and authorities.476
(a) The city council shall create by ordinance such boards, commissions, and authorities to477
fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems478
necessary and shall be ordinance establish the composition, period of existence, duties, and479
powers thereof.480
(b) All members of boards, commissions, and authorities of the city shall be appointed by481
the city council for such terms of office and in such manner as shall be provided by482
ordinance, except where other appointing authority, terms of office, or manner of483
appointment is prescribed by this charter or by law.484
(c) The city council, by ordinance, may provide for the compensation and reimbursement485
for actual and necessary expenses of the members of any board, commission, or authority.486
(d) Except as otherwise provided by this charter or by law, no member of any board,487
commission, or authority shall hold any elective office in the city.488
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(e) Any vacancy on a board, commission, or authority of the city shall be filled for the
489
unexpired term in the manner prescribed herein for original appointment, except as otherwise490
provided by this charter or by law.491
(f) No member of a board, commission, or authority shall assume office until that person has492
executed and filed with the city clerk an oath obligating himself or herself to faithfully and493
impartially perform the duties of that member's office, such oath to be prescribed by494
ordinance and administered by the mayor.495
(g) All board members serve at will and may be removed at any time by a vote of three496
members of the city council unless otherwise provided by law.497
(h) Except as otherwise provided by this charter or by law, each board, commission, or498
authority of the city shall elect one of its members as chair and one member as vice-chair and499
may elect as its secretary one of its own members or may appoint as secretary an employee500
of the city. Each board, commission, or authority of the city government may establish such501
bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or502
law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of503
its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.504
Section 3.12.505
City attorney.506
The city council shall appoint a city attorney, together with such assistant city attorneys as507
may be authorized, and shall provide for the payment of such attorney or attorneys for508
services rendered to the city. The city attorney shall be responsible for providing for the509
representation and defense of the city in all litigation in which the city is a party; may be the 510
prosecuting officer in the municipal court; shall attend the meetings of the council as511
directed; shall advise the city council, mayor, and other officers and employees of the city512
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concerning legal aspects of the city's affairs; and shall perform such other duties as may be
513
required by virtue of the person's position as city attorney.514
Section 3.13.515
City clerk.516
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk517
shall be custodian of the official city seal and city records; maintain city council records518
required by this charter; and perform such other duties as may be required by the city519
council.520
Section 3.14.521
Personnel policies.522
All employees serve at will and may be removed from office at any time unless otherwise523
provided by ordinance.524
ARTICLE IV525
JUDICIAL BRANCH526
Section 4.10.527
Municipal court creation.528
There shall be a court to be known as the Municipal Court of the City of Damascus.529
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Section 4.11.
530
Chief judge; associate judge.531
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time,532
or stand-by judges as shall be provided by ordinance.533
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless534
that person shall have attained the age of 21 years and shall possess all qualifications535
required by law. All judges shall be appointed by the city council and shall serve until a536
successor is appointed and qualified.537
(c) Compensation of the judges shall be fixed by ordinance.538
(d) Judges shall serve a term and may be removed as provided by general law.539
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge540
will honestly and faithfully discharge the duties of the office to the best of that person's541
ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of542
the city council journal required in Section 2.20.543
Section 4.12.544
Convening.545
The municipal court shall be convened at such times as designated by ordinance or at such546
times as deemed necessary to keep current the dockets thereof.547
Section 4.13.548
Jurisdiction; powers.549
(a) The municipal court shall try and punish violations of this charter, all city ordinance, and550
such other violations as provided by law.551
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(b) The municipal court shall have authority to punish those in its presence for contempt,
552
provided that such punishment shall not exceed $200.00 or ten days in jail.553
(c) The municipal court may fix punishment for offenses within its jurisdiction not554
exceeding a fine of $1,000.00 or imprisonment for 180 days, or other such fine and555
imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as556
now or hereafter provided by law.557
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost558
of operation and shall be entitled to reimbursement of the cost of meals, transportation, and559
caretaking of prisoners bound over to superior courts for violations of state law.560
(e) The municipal court shall have authority to establish bail and recognizance to ensure the561
presence of those charged with violations before said court, and shall have discretionary562
authority to accept cash or personal or real property as surety for the appearance of persons563
charged with violations. Whenever any person shall give bail for that person's appearance564
and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge565
presiding at such time, and an execution issued thereon by serving the defendant and the566
defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the567
event that cash or property is accepted in lieu of bond for security for the appearance of a568
defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,569
the cash so deposited shall be on order of the judge declared forfeited to the city, or the570
property so deposited shall have a lien against it for the value forfeited which lien shall be571
enforceable in the same manner and to the same extent as a lien for city property taxes.572
(f) The municipal court shall have the same authority as superior courts to compel the573
production of evidence in the possession of any party; to enforce obedience to its orders,574
judgments, and sentences; and to administer such oaths as are necessary.575
(g) The municipal court may compel the presence of all parties necessary to a proper576
disposal of each case by the issuance of summonses, subpoenas, and warrants which may be577
served as executed by any officer as authorized by this charter or by law.578
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(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of
579
persons charged with offenses against any ordinance of the city, and each judge of the580
municipal court shall have the same authority as a magistrate of the state to issue warrants581
for offenses against state laws committed within the city.582
Section 4.14.583
Appeal.584
Any person aggrieved by a decision of the municipal court shall have the right to appeal as585
provided by law to the Superior Court of Early County.586
Section 4.15.587
Rules for court.588
With the approval of the city council, the judge of the municipal court shall have full power589
and authority to make reasonable rules and regulations necessary and proper to secure the590
efficient and successful administration of the municipal court; provided, however, that the591
city council may adopt in part or in toto the rules and regulations applicable to municipal592
courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be593
available for public inspection, and, upon request, a copy shall be furnished to all defendants594
in municipal court proceedings at least 48 hours prior to said proceedings.595
Section 4.16.596
Indigent defense and prosecutor.597
The mayor and council shall have the power to provide for a system of defense for indigent598
persons charged in the municipal court of the City of Damascus with violations of ordinances599
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or state laws, and for the prosecution of such cases by a prosecutor, and to provide for and
600
require the expense of same to be prorated over all criminal cases disposed of by the court,601
and all bond forfeitures in said cases, to be imposed by the municipal court judge and602
collected in all criminal cases and in bond forfeitures in such cases as costs in addition to603
fines, penalties, and all other costs.604
ARTICLE V605
ELECTIONS AND REMOVAL606
Section 5.10.607
Applicability of general law.608
All primaries and elections shall be held and conducted in accordance with Chapter 2 of609
Title 21 of the O.C.G.A., the "Georgia Election Code," as amended.610
Section 5.11.611
Regular elections; time for holding.612
Beginning in 2024, the mayor and two members of the city council shall be elected for a613
three-year term ending at the organizational meeting where newly elected officials are sworn614
in at the first meeting of January, 2028, as provided in Section 2.18. On Tuesday following615
the first Monday in November of 2027, there shall be an election for the mayor and two616
councilmembers for a four-year term ending in the organizational meeting when newly617
elected officials are sworn in January, 2032. Beginning in 2025, there shall be an election618
for two councilmembers for four-year terms ending at the organizational meeting where619
newly elected officials are sworn in January, 2030. Following the elections provided for in620
this section, the mayor and council shall be elected for four-year terms.621
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Section 5.12.
622
Nonpartisan elections.623
Political parties shall not conduct primaries for city offices, and names of all candidates for624
city offices shall be listed without party designations.625
Section 5.13.626
Election by majority.627
The person receiving a majority of the votes cast in the city election for the office of mayor628
shall be elected. The person receiving a majority of the votes cast in the city election for629
each of the city council positions shall be elected to the respective post.630
Section 5.14.631
Special elections; vacancies.632
In the event that the office of mayor or councilmember shall become vacant as provided in633
Section 2.12 of this charter, the city council or those remaining shall appoint a successor for634
the remainder of the term.635
Section 5.15.636
Other provisions.637
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe638
such rules and regulations it deems appropriate to fulfill any options and duties required by639
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter640
amended.641
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Section 5.16.
642
Removal of officers.643
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall644
be removed from office for any one or more of the causes provided in Title 45 of the645
O.C.G.A., or such other applicable laws as are or may hereafter be enacted.646
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished647
by one of the following methods:648
(1) Following a hearing at which an impartial panel shall render a decision. In the event649
an elected officer is sought to be removed by the action of the city council, such officer650
shall be entitled to a written notice specifying the ground or grounds for removal and to a651
public hearing which shall be held not less than ten days after the service of such written652
notice. The city council shall provide by ordinance for the manner in which such hearings653
shall be held. Any elected officer sought to be removed from office as herein provided654
shall have the right of appeal from the decision of the city council to the Superior Court of655
Early County. Such appeal shall be governed by the same rules as govern appeals to the656
superior court from the probate court.657
(2) By an order of the Superior Court of Early County following a hearing on a complaint658
seeking such removal brought by any resident of the City of Damascus.659
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ARTICLE VI
660
FINANCE661
Section 6.10.662
Property tax.663
The city council may assess, levy, and collect an ad valorem tax on all real and personal664
property within the corporate limits of the city that is subject to such taxation by the state and665
county. This tax is for the purpose of raising revenues to defray the costs of operating the666
city government, of providing governmental services, for the repayment of principal and667
interest on general obligations, and for any other public purpose as determined by the city668
council in its discretion.669
Section 6.11.670
Millage rate; due dates; payment methods.671
The city council, by ordinance, shall establish a millage rate for the city property tax, a due672
date, and the time period within which these taxes must be paid. The city council, by673
ordinance, may provide for the payment of these taxes by installments or in one lump sum,674
as well as authorize the voluntary payment of taxes prior to the time when due.675
Section 6.12.676
Occupation and business taxes.677
The city council, by ordinance, shall have the power to levy such occupation or business678
taxes as are not denied by law. The city council may classify businesses, occupations, or679
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professions for the purpose of such taxation in any way which may be lawful and may
680
compel the payment of such taxes as provided in Section 6.18.681
Section 6.13.682
Regulatory fees; permits.683
The city council, by ordinance, shall have the power to require businesses or practitioners684
doing business within this city to obtain a permit for such activity from the city and pay a685
reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect686
the total cost to the city for regulating the activity and, if unpaid, shall be collected as687
provided in Section 6.18.688
Section 6.14.689
Franchises.690
(a) The city council shall have the power to grant franchises for the use of this city's streets691
and alleys for the purposes of railroads, street railways, telephone companies, electric692
companies, electric membership corporations, cable television, and other telecommunications693
companies, gas companies, transportation companies, and other similar organizations. The694
city council shall determine the duration, terms, whether the same shall be exclusive or695
nonexclusive, and the consideration for such franchises; provided, however, no franchise696
shall be granted for a period in excess of 35 years, and no franchise shall be granted unless697
the city receives just and adequate compensation therefor. The city council shall provide for698
the registration of all franchises with the city clerk in a registration book kept by said clerk. 699
The city council may provide by ordinance for the registration within a reasonable time of700
all franchises previously granted.701
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(b) If no franchise agreement is in effect, the city council has the authority to impose a tax
702
on gross receipts for the use of this city's streets and alleys for the purposes of railroads,703
street railways, telephone companies, electric companies, electric membership corporations,704
cable television, and other telecommunications companies, gas companies, transportation705
companies, and other similar organizations.706
Section 6.15.707
Service charges.708
The city council, by ordinance, shall have the power to assess and collect fees, charges, and709
tolls for sewers, sanitary and health services, or any other services provided or made710
available within and without the corporate limits of the city for the total cost to the city of711
providing or making available such services. If unpaid, such charges shall be collected as712
provided in Section 6.18.713
Section 6.16.714
Special assessments.715
The city council, by ordinance, shall have the power to assess and collect the cost of716
constructing, reconstructing, widening, or improving any public way, street, sidewalk,717
curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property718
owners under such terms and conditions as are reasonable. If unpaid, such charges shall be719
collected as provided in Section 6.18.720
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Section 6.17.
721
Construction; other taxes and fees.722
The city shall be empowered to levy any other tax or fee allowed now or hereafter by law,723
and the specific mention of any right, power, or authority in this article shall not be construed724
as limiting in any way the general powers of this city to govern its local affairs.725
Section 6.18.726
Collection of delinquent taxes and fees.727
The city council, by ordinance, may provide generally for the collection of delinquent taxes,728
fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable729
means as are not precluded by law. This shall include providing for the dates when the taxes730
or fees are due; later penalties or interest; issuance and execution of fi.fa.'s; creation and731
priority of liens; making delinquent taxes and fees the personal debts of the persons required732
to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or733
fees; and providing for the assignment or transfer or tax executions.734
Section 6.19.735
General obligation bonds.736
The city council shall have the power to issue bonds for the purpose of raising revenue to737
carry out any project, program, or venture authorized under this charter or the laws of the738
state. Such bonding authority shall be exercised in accordance with the laws governing bond739
issuance by municipalities in effect at the time said issue is undertaken.740
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Section 6.20.
741
Revenue bonds.742
Revenue bonds may be issued by the city council as state law now or hereafter provides. 743
Such bonds are to be paid out of any revenue produced by the project, program, or venture744
for which they were issued.745
Section 6.21.746
Short-term loans.747
The city may obtain short-term loans and must repay such loans not later than December 31748
of each year, unless otherwise provided by law.749
Section 6.22.750
Lease-purchase contracts.751
The city may enter into multi-year lease, purchase or lease-purchase contracts for the752
acquisition of goods, materials, real and personal property, services, and supplies provided753
the contract terminates without further obligation on the part of the municipality at the close754
of the calendar year in which it was executed and at the close of each succeeding calendar755
year for which it may be renewed. Contracts must be executed in accordance with the756
requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are757
or may hereafter be enacted.758
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Section 6.23.
759
Fiscal year.760
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the761
budget year and the year for financial accounting and the reporting of each and every office,762
department, agency, and activity of the city government.763
Section 6.24.764
Preparation of budgets.765
The city council shall provide an ordinance on the procedures and requirements for the766
preparation and execution of an annual operating budget, a capital improvement plan, and767
a capital budget, including requirements as to the scope, content, and form of such budgets768
and plans.769
Section 6.25.770
Submission of operating budget to city council.771
On or before a date fixed by the city council, but not later than 60 days prior to the beginning772
of each fiscal year, the mayor shall submit to the city council a proposed operating budget773
for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor774
containing a statement of the general fiscal policies of the city, the important features of the775
budget, explanations of major changes recommended for the next fiscal year, a general776
summary of the budget, and such other pertinent comments and information. The operating777
budget and the capital budget hereinafter provided for, the budget message, and all778
supporting documents shall be filed in the office of the city clerk and shall be open to public779
inspection.780
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Section 6.26.
781
Action by city council on budget.782
(a) The city council may amend the operating budget proposed by the mayor, except that the783
budget as finally amended and adopted must provide for all expenditures required by state784
law or by other provisions of this charter and for all debt service requirements for the ensuing785
fiscal year, and the total appropriations from any fund shall not exceed the estimated fund786
balance, reserves, and revenues.787
(b) The city council, by ordinance, shall adopt the final operating budget for the ensuing788
fiscal year not later than July 1 of each year. If the city council fails to adopt the budget by789
this date, the amounts appropriated for operation for the current fiscal year shall be deemed790
adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated791
accordingly until such time as the city council adopts a budget for the ensuing fiscal year. 792
Adoption of the budget shall take the form of an appropriations ordinance setting out the793
estimated revenues in detail by sources and making appropriations according to fund and by794
organizational unit, purpose, or activity as set out in the budget preparation ordinance795
adopted pursuant to Section 6.24.796
(c) The amount set out in the adopted operating budget for each organizational unit shall797
constitute the annual appropriation for such, and no expenditure shall be made or798
encumbrance created in excess of the otherwise unencumbered balance of the appropriations799
or allotment thereof, to which it is chargeable.800
Section 6.27.801
Tax levies.802
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates803
set by such ordinance shall be such that reasonable estimates of revenues from such levy804
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shall at least be sufficient, together with other anticipated revenues, fund balances, and
805
applicable reserves, to equal the total amount appropriated for each of the several funds set806
forth in the annual operating budget for defraying the expenses of the general government807
of this city.808
Section 6.28.809
Changes in appropriations.810
The city council, by ordinance, may make changes in the appropriations contained in the811
current operating budget, at any regular meeting, special or emergency meeting called for812
such purpose, but any additional appropriations may be made only from an existing813
unexpended surplus.814
Section 6.29.815
Independent audit.816
There shall be an annual independent audit of all city accounts, funds, and financial817
transactions by a certified public accountant selected by the city council. The audit shall be818
conducted according to generally accepted auditing principles. Any audit of any funds by819
the state or federal governments may be accepted as satisfying the requirements of this820
charter. Copies of annual audit reports shall be available at printing costs to the public.821
Section 6.30.822
Contracting procedures.823
No contract with the city shall be binding on the city unless:824
(1) It is in writing; and825
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(2) It is made or authorized by the city council, and such approval is entered in the city
826
council journal of proceedings pursuant to Section 2.21.827
Section 6.31.828
Centralized purchasing.829
The city council, by ordinance, shall prescribe procedures for a system of centralized830
purchasing for the city.831
Section 6.32.832
Sale and lease of city property.833
(a) The city council may sell and convey or lease any real or personal property owned or834
held by the city for governmental or other purposes as now or hereafter provided by law.835
(b) The city council may quitclaim any rights it may have in property not needed for public836
purposes upon report by the mayor and adoption of a resolution, both finding that the837
property is not needed for public or other purposes and that the interest of the city has no838
readily ascertainable monetary value.839
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place840
of the city a small parcel or tract of land is cut off or separated by such work from a larger841
tract or boundary of land owned by the city, the city council may authorize the mayor to sell842
and convey said cut off or separated parcel or tract of land to an abutting or adjoining843
property owner or owners where such sale and conveyance facilitates the enjoyment of the844
highest and best use of the abutting owner's property. Included in the sales contract shall be845
a provision for the rights of way of said street, avenue, alley, or public place. Each abutting846
property owner shall be notified of the availability of the property and given the opportunity847
to purchase said property under such terms and conditions as set out by ordinance. All deeds848
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and conveyances heretofore and hereafter so executed and delivered shall convey all title and
849
interest the city has in such property, notwithstanding the fact that no public sale after850
advertisement was or is hereafter made.851
ARTICLE VII852
GENERAL PROVISIONS853
Section 7.10.854
Bonds for officials.855
The officers and employees of this city, both elective and appointive, shall execute such856
surety or fidelity bonds in such amounts and upon such terms and conditions as the city857
council shall from time to time require by ordinance or as may be provided by law.858
Section 7.11.859
Prior ordinances.860
All ordinances, resolutions, rules, and regulations now in force in the city and not861
inconsistent with this charter are hereby declared valid and of full effect and force until862
amended or repealed by the city council.863
Section 7.12.864
Existing personnel and officers.865
Except as specifically provided otherwise by this charter, all personnel and officers of the866
city and their rights, privileges, and powers shall continue beyond the time this charter takes867
effect for a period of 180 days before or during which the existing city council shall pass a868
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transition ordinance detailing the changes in personnel and appointive officers required or
869
desired and arranging such titles, rights, privileges, and powers as may be required or desired870
to allow a reasonable transition.871
Section 7.13.872
Pending matters.873
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,874
contracts, and legal or administrative proceedings shall continue, and any such ongoing work875
or cases shall be completed by such city agencies, personnel, or offices as may be provided876
by the city council.877
Section 7.14.878
Construction.879
(a) Section captions in this charter are informative only and are not to be considered as a part880
thereof.881
(b) The word "shall" is mandatory and the word "may" is permissive.882
(c) The singular shall include the plural, the masculine shall include the feminine, and vice883
versa.884
Section 7.15.885
Severability.886
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be887
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect888
nor impair other parts of this charter unless it clearly appears that such other parts are wholly889
H. B. 1400
- 40 - 24 LC 47 2804/AP
and necessarily dependent upon the part held to be invalid or unconstitutional, it being the
890
legislative intent in enacting this charter that each article, section, subsection, paragraph,891
sentence, or part thereof be enacted separately and independent of each other.892
Section 7.16.893
Specific repealer.894
An Act providing for a new charter for the City of Damascus, approved March 18, 1985 (Ga.895
L. 1985, p. 3673), is hereby repealed in its entirety; and all amendatory acts thereto are896
likewise repealed in their entirety.897
Section 7.17.898
General repealer.899
All other laws and parts of laws in conflict with this charter are hereby repealed.900
H. B. 1400
- 41 -