24 LC 47 2905
House Bill 1401
By: Representative Greene of the 154
th
A BILL TO BE ENTITLED
AN ACT
To provide a new charter for the City of Blakely; 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 a8
mayor pro tempore; to provide for a city manager, and powers and duties thereof; to provide9
for acting city managers; to prohibit council interference with administration; to provide for10
administrative responsibilities; to provide for boards, commissions, and authorities; to11
provide for a city attorney, city clerk, and other personnel; to provide for the establishment12
of a municipal court and the judge or judges thereof; to provide for practices and procedures;13
to provide for indigent defense and prosecutor; to provide for taxation, permits, and fees; to14
provide for franchises, service charges, and assessments; to provide for bonded and other15
indebtedness; to provide for accounting and budgeting; to provide for contracting and16
purchasing; to provide for sale of city property; to provide for bonds for officials; to provide17
for pending matters; to provide for definitions and construction; to provide for severability;18
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to provide for related matters; to repeal specific Acts; to repeal conflicting laws; and for other
19
purposes.20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:21
ARTICLE I22
INCORPORATION AND POWERS23
Section 1.10.24
Name.25
The city and the inhabitants thereof, are reincorporated by the enactment of this charter and26
are hereby constituted and declared a body politic and corporate under the name and style27
City of Blakely, Georgia, and by that name shall have perpetual existence.28
Section 1.11.29
Corporate boundaries.30
(a) The boundaries of this city shall be those existing on the effective date of the adoption31
of this charter with such alterations as may be made from time to time in the manner32
provided by law. The boundaries of this city at all times shall be shown on a map to be33
retained permanently in the City of Blakely City Hall and to be designated: "City of Blakely,34
Georgia". Photographic, typed, or other copy of such map or description certified by the City35
of Blakely shall be admitted as evidence in all courts and shall have the same force and effect36
as with the original map or description.37
(b) The city council may provide for the redrawing of any such map by ordinance to reflect38
lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes39
the entire map or maps which it is designated to replace.40
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Section 1.12.
41
Powers and construction.42
(a) The city shall have all powers possible for a municipality to have under the present or43
future Constitution and laws of this state as fully and completely as though they were44
specifically enumerated in this charter. The city shall have all the powers of self-government45
not otherwise prohibited by this charter or by general law.46
(b) The powers of this city shall be construed liberally in favor of the city. The specific47
mention or failure to mention particular powers shall not be construed as limiting in any way48
the powers of this city.49
Section 1.13.50
Specific powers.51
(a) Animal regulations. To regulate and license or to prohibit the keeping or running at large52
of animals and fowl, and to provide for the impoundment of the same if in violation of any53
ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction54
of animals and fowl when not redeemed as provided by ordinance; and to provide55
punishment for violation of ordinances enacted hereunder.56
(b) Appropriations and expenditures. To make appropriations for the support of the57
government of the city; to authorize the expenditure of money for any purposes authorized58
by this charter, or for municipalities by the laws of the State of Georgia; and to provide for59
the payment of expenses of the city.60
(c) Building regulation. To regulate and to license the erection and construction of buildings61
and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and62
air conditioning codes; and to regulate all housing and building trades.63
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(d) Business regulation and taxation. To levy and to provide for the collection of regulatory
64
fees and taxes on privileges, occupations, trades, and professions as authorized by Title 4865
of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit66
and regulate the same; to provide for the manner and method of payment of such regulatory67
fees and taxes; and to revoke such permits after due process for failure to pay any city taxes68
or fees.69
(e) Condemnation. To condemn property inside or outside the corporate limits of the city70
for present or future use and for any corporate purpose deemed necessary by the governing71
authority, utilizing procedures provided by the O.C.G.A. as the same shall exist from time72
to time.73
(f) Contracts. To enter into contracts and agreements with other governmental entities and74
with private persons, firms, and corporations.75
(g) 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
(h) Environmental protection. To protect and preserve the natural resources, environment,80
and vital areas of the city through the preservation and improvement of air quality, the81
restoration and maintenance of water resources, the control of erosion and sedimentation, the82
management of solid and hazardous waste, and other necessary actions for the protection of83
the environment.84
(i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge,85
or restrict the same; to prescribe fire safety regulations not inconsistent with general law,86
relating to fire prevention and detection and to fire fighting; and to prescribe penalties and87
punishment for violations thereof.88
(j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and89
disposal, and other sanitary service charge, tax, or fee for such services as may be necessary90
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in the operation of the city from all individuals, firms, and corporations residing in or doing
91
business therein benefitting from such services or to whom such services are available; to92
enforce the payment of such charges, taxes, or fees; and to provide for the manner and93
method of collecting such service charges.94
(k) General health, safety, and welfare. To define, regulate, and prohibit any act, practice,95
conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare,96
and safety of the inhabitants of the city, and to provide for the enforcement of such standards.97
(l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any98
purpose related to powers and duties of the city and the general welfare of its citizens, on99
such terms and conditions as the donor or grantor may impose.100
(m) Health and sanitation. To prescribe standards of health and sanitation and to provide101
for the enforcement of such standards.102
(n) Jail sentences. To provide that persons given jail sentences in the city's court may work103
out such sentences in any public works or on the streets, roads, drains, and other public104
property in the city, to provide for commitment of such persons to any jail, or to provide for105
commitment of such persons to any county work camp or county jail by agreement with the106
appropriate county officials.107
(o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over108
all traffic, including parking upon or across the streets, roads, alleys, and walkways of the109
city.110
(p) Municipal agencies and delegation of power. To create, alter, or abolish departments,111
boards, offices, commissions, and agencies of the city, and to confer upon such agencies the112
necessary and appropriate authority for carrying out all the powers conferred upon or113
delegated to the same.114
(q) Municipal debts. To appropriate and borrow money for the payment of debts of the city115
and to issue bonds for the purpose of raising revenue to carry out any project, program, or116
venture authorized by this charter or the laws of the State of Georgia.117
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(r) Municipal property ownership. To acquire, dispose of, lease, option, and hold in trust
118
or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or119
outside the property limits of the city.120
(s) Municipal property protection. To provide for the preservation and protection of121
property and equipment of the city and the administration and use of same by the public; and122
to prescribe penalties and punishment for violations thereof.123
(t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of124
public utilities, including, but not limited to, a system of waterworks, sewers and drains,125
sewage disposal, gas works, electric light plants, cable television, and other126
telecommunications, transportation facilities, public airports, and any other public utility; and127
to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to128
provide for the withdrawal of service for refusal or failure to pay the same.129
(u) Nuisance. To define a nuisance and provide for its abatement whether on public or130
private property.131
(v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the132
authority of this charter and the laws of the State of Georgia.133
(w) Planning and zoning. To provide comprehensive city planning for development by134
zoning; and to provide subdivision regulation and the like as the city council deems135
necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community.136
(x) Police and fire protection. To exercise the power of arrest through duly appointed137
policemen and to establish, operate, or contract for a police and a fire fighting agency.138
(y) Public hazards: removal. To provide for the destruction and removal of any building or139
other structure which is or may become dangerous or detrimental to the public.140
(z) Public improvements. To provide for the acquisition, construction, building, operation,141
and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries,142
markets and market houses, public buildings, libraries, public housing, airports, hospitals,143
terminals, docks, parking facilities, or charitable, cultural, educational, recreational,144
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conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies,
145
and facilities; and to provide any other public improvements, inside or outside the corporate146
limits of the city; to regulate the use of public improvements; and for such purposes, property147
may be acquired by condemnation under procedures provided by the O.C.G.A. as the same148
shall exist from time to time.149
(aa) Public peace. To provide for the prevention and punishment of drunkenness, riots, and150
public disturbances.151
(bb) Public transportation. To organize and operate such public transportation systems as152
are deemed beneficial.153
(cc) Public utilities and services. To grant franchises or make contracts for, or impose taxes154
on public utilities and public service companies; and to prescribe the rates, fares, regulations155
and standards, and conditions of service applicable to the service to be provided by the156
franchise grantee or contractor, insofar as not in conflict with valid regulations of the public157
service commission.158
(dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal,159
and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other160
structures or obstructions upon or adjacent to the rights of way of streets and roads or within161
view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and162
punishment for violation of such ordinances.163
(ee) Retirement. To provide and maintain a retirement plan for officers and employees of164
the city.165
(ff) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of,166
abandon or close, construct, pave, curb, gutter, provide drainage for, adorn with shade trees,167
or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys,168
and walkways within the corporate limits of the city; and to grant franchises and rights of169
way throughout the streets and roads, and over the bridges and viaducts for the use of public170
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utilities; and to require real estate owners to repair and maintain in a safe condition the
171
sidewalks adjoining their lots or lands, and to impose penalties for failure to do so.172
(gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,173
constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal174
plant and sewerage system, and to levy on those to whom sewers and sewerage systems are175
made available a sewer service fee, charge, or sewer tax for the availability or use of the176
sewers; to provide for the manner and method of collecting such service charges and for177
enforcing payment of the same; and to charge, impose, and collect a sewer connection fee178
or fees to those connected with the system.179
(hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish,180
and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by181
others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper,182
and other recyclable materials, and to provide for the same of such items.183
(ii) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the184
manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms;185
to regulate the transportation, storage, and use of combustible, explosive, and inflammable186
materials, the use of lighting and heating equipment, and any other business or situation187
which the city may deem to be dangerous to persons or property; to regulate and control the188
conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of189
any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional190
fortune-telling, palmistry, adult bookstores, and massage parlors.191
(jj) Special assessments. To levy and provide for the collection of special assessments to192
cover the costs for any public improvements.193
(kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and194
collection of taxes on all property subject to taxation.195
(ll) Taxes: other. To levy and collect such other taxes as may be allowed now or in the196
future by law.197
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(mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the
198
number of such vehicles; to require the operators thereof to be licensed; to require public199
liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to200
regulate the parking of such vehicles.201
(nn) Urban redevelopment. To organize and operate an urban redevelopment program.202
(oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and203
immunities necessary or desirable to promote or protect the safety, health, peace, security,204
good order, comfort, convenience, or general welfare of the city and its inhabitants; and to205
exercise all implied powers necessary or desirable to carry into execution all powers granted206
in this charter as fully and completely as if such powers were fully stated herein; and to207
exercise all powers now or in the future authorized to be exercised by other municipal208
governments under other laws of the State of Georgia; and no listing of particular powers in209
this charter shall be held to be exclusive of others, nor restrictive of general words and210
phrases granting powers, but shall be held to be in addition to such powers unless expressly211
prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.212
Section 1.14.213
Exercise of powers.214
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or215
employees shall be carried into execution as provided by this charter. If this charter makes216
no provisions, such shall be carried into execution as provided by ordinance or as provided217
by pertinent laws of the State of Georgia.218
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ARTICLE II
219
GOVERNMENT STRUCTURE220
Section 2.10.221
City council creation; number; election.222
The legislative authority of the government of this city, except as otherwise specifically223
provided in this charter, shall be vested in a city council to be composed of a mayor and four224
councilmembers. The city council established shall in all respects be a successor to and225
continuation of the governing authority under prior law. The mayor and councilmembers226
shall be elected in the manner provided by general law and this charter.227
Section 2.11.228
City council terms and qualifications for office.229
(a) The mayor and members of the city council shall serve for terms of four years and until230
their respective successors are elected and qualified. No person shall be eligible to serve as231
mayor or councilmember unless that person shall have been a resident of the city for one year232
prior to the date of election of the mayor or councilmember.233
(b) The mayor may reside anywhere within the city and must receive a majority of the votes234
cast for such office in the entire city. The mayor must continue to reside within the city235
during his or her term of office, or the office shall thereupon become vacant.236
(c) In order to be elected as a member of the board from a council district, a person must237
reside in that council district at the time such person is elected and must receive a majority238
of the votes cast for that office in that district only, and not at large. Only electors who are239
residents of a council district may vote for a councilmember from that district. At the time240
of qualifying for election as a councilmember from a council district, each candidate for such241
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office shall specify the council district for which that person is a candidate. A person elected
242
as a councilmember from a council district must continue to reside in that district during that243
person's term of office or that office shall thereupon become vacant.244
Section 2.12.245
Vacancy; filling of vacancies.246
(a) The office of mayor or councilmember shall become vacant upon the occurrence of any247
event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such248
other applicable laws as are or may hereafter be enacted. Provided, however, the office of249
mayor or councilmember shall become vacant upon the unexcused absence of the holder of250
the office from four consecutive regularly scheduled meetings of the city council. Excused251
absences shall be granted by a majority vote of the remaining city councilmembers and the252
mayor as provided in Section 2.21 and shall be entered upon the minutes of the council253
meeting.254
(b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of255
the unexpired terms, if any, by appointment by the remaining councilmembers if less than256
six months remain in the unexpired term, otherwise by an election, as provided for in257
Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other258
such laws as are or may hereafter be enacted.259
Section 2.13.260
Compensation and expenses.261
The mayor and councilmembers shall receive compensation and expenses for their services262
as provided by ordinance.263
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Section 2.14.
264
Conflict of interest.265
(a) Elected and appointed officers of the city are trustees and servants of the residents of the266
city and shall act in a fiduciary capacity for the benefit of such residents.267
(b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any268
ordinance, resolution, contract, or other matter in which that person is financially interested.269
Section 2.15.270
Inquiries and investigations.271
Following the adoption of an authorizing resolution, the city council may make inquiries and272
investigations into the affairs of the city and the conduct of any department, office, or agency273
thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and274
require the production of evidence. Any person who fails or refuses to obey a lawful order275
issued in the exercise of these powers by the city council shall be punished as provided by276
ordinance.277
Section 2.16.278
General power and authority of the city council.279
Except as otherwise provided by law or this charter, the city council shall be vested with all280
the powers of government of this city.281
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Section 2.17.
282
Eminent domain.283
The city council is hereby empowered to acquire, construct, operate, and maintain public284
ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,285
sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports,286
hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional,287
penal and medical institutions, agencies and facilities, and any other public improvements288
inside or outside the city, and to regulate the use thereof, and for such purposes, property289
may be condemned under procedures established under general law applicable now or as290
provided in the future.291
Section 2.18.292
Organizational meetings.293
The city council shall hold an organizational meeting on the first meeting in January294
following the regular election, as provided in Section 5.11. The meeting shall be called to295
order by the city clerk, and the oath of office shall be administered to the newly elected296
members as follows:297
"I __________ do solemnly swear or affirm that I will properly perform the duties of the298
office of ____________ in and for the City of Blakely, to the best of my knowledge, skill,299
and ability; that I am not the holder of any unaccounted for public money due to the State300
of Georgia or any political subdivision or authority thereto; that I am not the holder of any301
office of trust under the government of the United States, any other state, or any foreign302
state, which I am by the laws of the State of Georgia prohibited from holding; that I am303
qualified to hold the office which I am about to enter according to the Constitution and304
laws of Georgia; that I will support the Constitution of the United States and the State of305
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Georgia; that I have been a resident of the City of Blakely from which elected and the City
306
of Blakely for the time required by the Constitution and laws of the State of Georgia and307
the Charter of the City of Blakely, so help me God."308
Section 2.19.309
Regular and special meetings.310
(a) The city council shall hold regular meetings at such times and places as shall be311
prescribed by ordinance.312
(b) Special meetings of the city council may be held on call of the mayor or two members313
of the city council. Notice of such special meetings shall be served on all other members314
personally, or by telephone personally, at least 24 hours in advance of the meeting. Such315
notice to councilmembers shall not be required if the mayor and all councilmembers are316
present when the special meeting is called. Such notice of any special meeting may be317
waived by a councilmember in writing before or after such a meeting, and attendance at the318
meeting shall also constitute a waiver of notice on any business transacted in such319
councilmember's presence. Only the business stated in the call may be transacted at the320
special meeting. Upon the unanimous consent of all members present, any business which321
may be transacted at a regular meeting may be conducted at the special meeting.322
(c) All meetings of the city council shall be public to the extent required by law, and notice323
to the public of special meetings shall be made fully as is reasonably possible as provided by324
Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter325
be enacted.326
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Section 2.20.
327
Rules of procedure.328
(a) The city council shall adopt its rules of procedure and order of business consistent with329
the provisions of this charter and shall provide for keeping a journal of its proceedings, which330
shall be a public record.331
(b) All committees and committee chairs and officers of the city council shall be appointed332
by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power333
to appoint new members to any committee at any time.334
Section 2.21.335
Quorum; voting.336
Three councilmembers other than the mayor or the mayor and two councilmembers shall337
constitute a quorum and shall be authorized to transact business of the city council. Voting338
on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the339
journal; but any member of the city council shall have the right to request a roll call vote, and340
such vote shall be recorded in the journal. Except as otherwise provided in this charter, the341
affirmative vote of three councilmembers or two councilmembers and the mayor shall be342
required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only343
in the event of a tie or when an affirmative or negative vote by the mayor constitutes a344
majority of three votes. An abstention shall not be counted as either an affirmative or345
negative vote.346
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Section 2.22.
347
Ordinance form; procedures.348
(a) Every proposed ordinance should be introduced in writing and in the form required for349
final adoption. No ordinance shall contain a subject which is not expressed in its title. The350
enacting clause shall be "It is hereby ordained by the governing authority of the City of351
Blakely," and every ordinance shall so begin.352
(b) An ordinance may be introduced by a councilmember and be read at a regular or special353
meeting of the city council. Ordinances shall be considered and adopted or rejected by the354
city council in accordance with the rules which it shall establish; provided, however, an355
ordinance shall not be adopted the same day it is introduced, except for emergency356
ordinances provided in Section 2.24. Upon introduction of any ordinance, the city clerk shall357
as soon as possible distribute a copy to the mayor and to each councilmember and shall file358
a reasonable number of copies in the office of the city clerk and at such other public places359
as the city council may designate.360
Section 2.23.361
Action requiring an ordinance.362
Acts of the city council which have the force and effect of law shall be enacted by ordinance.363
Section 2.24.364
Emergencies.365
(a) To meet a public emergency affecting life, health, property, or public peace, the city366
council may convene on call of the mayor or three councilmembers and promptly adopt an367
emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a368
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franchise; regulate the rate charged by any public utility for its services; or authorize the
369
borrowing of money except for loans to be repaid within 30 days. An emergency ordinance370
shall be introduced in the form prescribed for ordinances generally, except that it shall be371
plainly designated as an emergency ordinance and shall contain, after the enacting clause,372
a declaration stating that an emergency exists, and describing the emergency in clear and373
specific terms. An emergency ordinance may be adopted, with or without amendment, or374
rejected at the meeting at which it is introduced, but the affirmative vote of at least three375
councilmembers shall be required for adoption. It shall become effective upon adoption or376
at such later time as it may specify. Every emergency ordinance shall automatically stand377
repealed 30 days following the date upon which it was adopted, but this shall not prevent378
reenactment of the ordinance in the manner specified in this section if the emergency still379
exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance380
in the same manner specified in this section for adoption of emergency ordinances.381
(b) Such meetings shall be open to the public to the extent required by law, and notice to the382
public of emergency meetings shall be made as fully as is reasonably possible in accordance383
with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may384
hereafter be enacted.385
Section 2.25.386
Codes of technical regulations.387
(a) The city council may adopt any standard code of technical regulations by reference388
thereto in an adopting ordinance. The procedure and requirements governing such adopting389
ordinance shall be as prescribed for ordinances generally except that:390
(1) The requirements of Section 2.22(b) for distribution and filing of copies of the391
ordinance shall be construed to include copies of any code of technical regulations, as well392
as the adopting ordinance; and393
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(2) A copy of each adopted code of technical regulations as well as the adopting ordinance,
394
shall be authenticated and recorded by the city clerk pursuant to Section 2.26.395
(b) Copies of any adopted code of technical regulations shall be made available by the clerk396
for inspection by the public.397
Section 2.26.398
Signing; authenticating; recording; codification; printing.399
(a) The city clerk shall authenticate by his or her signature and record in full, in a properly400
indexed book kept for that purpose, all ordinances adopted by the city council.401
(b) The city council shall provide for the preparation of a general codification of all the402
ordinances of the city having the force and effect of law. The general codification shall be403
adopted by the city council by ordinance and shall be published promptly, together with all404
amendments thereto and such codes of technical regulations and other rules and regulations405
as the city council may specify. This compilation shall be known and cited officially as "The406
Code of the City of Blakely, Georgia." Copies of the code shall be furnished to all officers,407
departments, and agencies of the city and made available for purchase by the public at a408
reasonable price as fixed by the city council.409
(c) The city council shall cause each ordinance and each amendment to this charter to be410
printed promptly following its adoption, and the printed ordinances and charter amendments411
shall be made available for purchase by the public at reasonable prices to be fixed by the city412
council. Following publication of the first code under this charter and at all times thereafter,413
the ordinances and charter amendments shall be printed in substantially the same style as the414
code currently in effect and shall be suitable in form for incorporation therein. The city415
council shall make such further arrangements as deemed desirable with reproduction and416
distribution of any current changes in or additions to codes of technical regulations and other417
rules and regulations included in the code.418
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Section 2.27.
419
Election of mayor; forfeiture; compensation.420
The mayor shall be elected and serve for a term of four years and until a successor is elected421
and qualified. The mayor shall be a qualified elector of this city and shall have been a422
resident of the city for 12 months preceding the date of the election. The mayor shall423
continue to reside in this city during the period of service. The mayor shall forfeit the office424
on the same grounds and under the same procedure as for councilmembers. The425
compensation of the mayor shall be established in the same manner as for councilmembers.426
Section 2.28.427
Powers and duties of mayor.428
As the chief executive of this city, the mayor shall:429
(1) Preside at all meetings of the city council;430
(2) Be the head of the city for the purpose of service of process and for ceremonial431
purposes, and be the official spokesperson for the city and the chief advocate of policy;432
(3) Have the power to administer oaths and to take affidavits; and433
(4) Sign, as a matter of course on behalf of the city, all written and approved contracts,434
ordinances, and other instruments executed by the city which by law are required to be in435
writing.436
Section 2.29.437
Mayor pro tempore; selection; duties.438
At the first meeting in January of each year, by a majority vote, the city council shall elect439
a councilmember to serve as mayor pro tempore. In the mayor's absence, the mayor pro440
H. B. 1401
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tempore shall preside at meetings of the city council and shall assume the duties and powers
441
of the mayor upon the mayor's physical or mental disability, provided that the mayor pro442
tempore shall vote as a member of the council at all times when serving as herein provided.443
Section 2.30.444
City manager; appointment; qualifications; compensation.445
The mayor and city council shall appoint a city manager for an indefinite term and shall fix446
the city manager's compensation; provided, however, no city manager shall be appointed by447
less than the affirmative vote of four councilmembers or by the mayor and three448
councilmembers. The city manager shall be appointed solely on the basis of executive and449
administrative qualifications.450
Section 2.31.451
Removal of city manager.452
The city manager is employed at will and may be summarily removed from office at any time453
by the mayor and city council; provided, however, the city manager may only be removed454
by a majority vote of four councilmembers or by the mayor and three councilmembers.455
Section 2.32.456
Acting city manager.457
By letter filed with the city clerk, the city manager may designate, subject to approval of the458
mayor and city council, a qualified city administrative officer to exercise the powers and459
perform the duties of manager during the city manger's temporary absence or physical or460
mental disability. During such absence or disability, the mayor and city council may revoke461
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such designation at any time and appoint another officer of the city to serve until the city
462
manager shall return or until the city manager's disability shall cease.463
Section 2.33.464
Powers and duties of city manager.465
The city manager shall be the chief executive and administrative officer of the city. The city466
manager shall be responsible to the mayor and city council for the administration of all city467
affairs placed in the city manager's charge by or under this charter. As the chief executive468
and administrative officer, the city manager shall:469
(1) Recommend for the approval of the city council the hiring of all employees holding the470
position of department head for the various departments so designated by the city council;471
(2) Appoint, suspend, or remove all city employees and administrative officers, other than472
department heads, except as otherwise provided by this charter. The city manager may473
authorize any administrative officer who is subject to the city manager's direction and474
supervision to exercise these powers with respect to subordinates in that officer's475
department, office, or agency;476
(3) Suspend or otherwise discipline all employees holding the position of department head;477
provided, however, any disciplinary action of a department head may be appealed to the478
mayor and city council. The city manager's action may be vacated, upheld, or otherwise479
amended by a majority vote of four members of the city council or by the mayor and three480
members of the city council;481
(4) Direct and supervise the administration of all departments, offices, and agencies of the482
city, except as otherwise provided by this charter or by law;483
(5) Attend all city council meetings, except for closed meetings held for the purposes of484
deliberating on the appointment, discipline, or removal of the city manager or held for the485
H. B. 1401
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purpose of receiving legal advice regarding the city manager, and have the right to take part
486
in discussion, but the city manager may not vote;487
(6) See that all laws, provisions of this charter, and acts of the city council, subject to488
enforcement by the city manager or by officers subject to the city manager's direction and489
supervision, are faithfully executed;490
(7) Prepare and submit to the city council a recommended operating budget and491
recommended capital budget;492
(8) Submit to the city council and make available to the public, at least annually, a493
statement covering the financial condition of the city and a report on the administrative494
activities of the city as of the end of each fiscal year;495
(9) Make such other reports as the city council may require concerning the operations of496
the city departments, offices, and agencies subject to the city manager's direction and497
supervision;498
(10) Keep the city council advised as to the financial condition and future needs of the499
city, and make such recommendations to the city council concerning the affairs of the city500
as the city manager deems desirable; and 501
(11) Perform other such duties as are specified in this charter or as may be required by the502
city council.503
Section 2.34.504
Council's interference with administration.505
Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the506
city council or its members shall deal with city officers and employees who are subject to the507
direction and supervision of the city manager solely through the city manager, and neither508
the city council nor its members shall give orders to any such officer or employee, either509
publicly or privately.510
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ARTICLE III
511
ADMINISTRATIVE AFFAIRS512
Section 3.10.513
Administrative and service departments.514
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall515
prescribe the functions of duties, and establish, abolish, alter, consolidate, or leave vacant all516
nonelective offices, positions of employment, departments, and agencies of the city, as517
necessary for the proper administration of the affairs and government of this city.518
(b) Except as otherwise provided by this charter or by law, the directors of city departments519
and other appointed officers of the city shall be appointed solely on the basis of their520
respective administrative and professional qualifications.521
(c) All appointive officers and directors of departments shall receive such compensation as522
prescribed by ordinance.523
(d) All appointive officers, directors, and department heads under the supervision of the city524
manager shall be nominated by the city manager with confirmation of appointment by the525
city council. All appointive officers, directors, and department heads shall be employees at526
will and subject to removal or suspension at any time by the city manager unless otherwise527
provided by law or ordinance.528
Section 3.11.529
Boards, commissions, and authorities.530
(a) The city council shall create by ordinance such boards, commissions, and authorities to531
fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems532
H. B. 1401
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necessary and shall be ordinance establish the composition, period of existence, duties, and
533
powers thereof.534
(b) All members of boards, commissions, and authorities of the city shall be appointed by535
the city council for such terms of office and in such manner as shall be provided by536
ordinance, except where other appointing authority, terms of office, or manner of537
appointment is prescribed by this charter or by law.538
(c) The city council, by ordinance, may provide for the compensation and reimbursement539
for actual and necessary expenses of the members of any board, commission, or authority.540
(d) Except as otherwise provided by this charter or by law, no member of any board,541
commission, or authority shall hold any elective office in the city.542
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the543
unexpired term in the manner prescribed herein for original appointment, except as otherwise544
provided by this charter or by law.545
(f) No member of a board, commission, or authority shall assume office until that person has546
executed and filed with the city clerk an oath obligating himself or herself to faithfully and547
impartially perform the duties of that member's office, such oath to be prescribed by548
ordinance and administered by the mayor.549
(g) All board members serve at will and may be removed at any time by a vote of three550
members of the city council unless otherwise provided by law.551
(h) Except as otherwise provided by this charter or by law, each board, commission, or552
authority of the city shall elect one of its members as chair and one member as vice-chair and553
may elect as its secretary one of its own members or may appoint as secretary an employee554
of the city. Each board, commission, or authority of the city government may establish such555
bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or556
law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of557
its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.558
H. B. 1401
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Section 3.12.
559
City attorney.560
The city council shall appoint a city attorney, together with such assistant city attorneys as561
may be authorized, and shall provide for the payment of such attorney or attorneys for562
services rendered to the city. The city attorney shall be responsible for providing for the563
representation and defense of the city in all litigation in which the city is a party; may be the 564
prosecuting officer in the municipal court; shall attend the meetings of the council as565
directed; shall advise the city council, mayor, and other officers and employees of the city566
concerning legal aspects of the city's affairs; and shall perform such other duties as may be567
required by virtue of the person's position as city attorney.568
Section 3.13.569
City clerk.570
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk571
shall be custodian of the official city seal and city records; maintain city council records572
required by this charter; and perform such other duties as may be required by the city573
council.574
Section 3.14.575
Personnel policies.576
All employees serve at will and may be removed from office at any time unless otherwise577
provided by ordinance.578
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ARTICLE IV
579
JUDICIAL BRANCH580
Section 4.10.581
Municipal court creation.582
There shall be a court to be known as the Municipal Court of the City of Blakely.583
Section 4.11.584
Chief judge; associate judge.585
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time,586
or stand-by judges as shall be provided by ordinance.587
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless588
that person shall have attained the age of 21 years and shall possess all qualifications589
required by law. All judges shall be appointed by the city council and shall serve until a590
successor is appointed and qualified.591
(c) Compensation of the judges shall be fixed by ordinance.592
(d) Judges shall serve a term and may be removed as provided by general law.593
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge594
will honestly and faithfully discharge the duties of the office to the best of that person's595
ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of596
the city council journal required in Section 2.20.597
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Section 4.12.
598
Convening.599
The municipal court shall be convened at such times as designated by ordinance or at such600
times as deemed necessary to keep current the dockets thereof.601
Section 4.13.602
Jurisdiction; powers.603
(a) The municipal court shall try and punish violations of this charter, all city ordinance, and604
such other violations as provided by law.605
(b) The municipal court shall have authority to punish those in its presence for contempt,606
provided that such punishment shall not exceed $500.00 or ten days in jail.607
(c) The municipal court may fix punishment for offenses within its jurisdiction not608
exceeding a fine of $1,000.00 or imprisonment for 180 days, or other such fine and609
imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as610
now or hereafter provided by law.611
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost612
of operation and shall be entitled to reimbursement of the cost of meals, transportation, and613
caretaking of prisoners bound over to superior courts for violations of state law.614
(e) The municipal court shall have authority to establish bail and recognizance to ensure the615
presence of those charged with violations before said court, and shall have discretionary616
authority to accept cash or personal or real property as surety for the appearance of persons617
charged with violations. Whenever any person shall give bail for that person's appearance618
and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge619
presiding at such time, and an execution issued thereon by serving the defendant and the620
defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the621
H. B. 1401
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event that cash or property is accepted in lieu of bond for security for the appearance of a
622
defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,623
the cash so deposited shall be on order of the judge declared forfeited to the city, or the624
property so deposited shall have a lien against it for the value forfeited which lien shall be625
enforceable in the same manner and to the same extent as a lien for city property taxes.626
(f) The municipal court shall have the same authority as superior courts to compel the627
production of evidence in the possession of any party; to enforce obedience to its orders,628
judgments, and sentences; and to administer such oaths as are necessary.629
(g) The municipal court may compel the presence of all parties necessary to a proper630
disposal of each case by the issuance of summonses, subpoenas, and warrants which may be631
served as executed by any officer as authorized by this charter or by law.632
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of633
persons charged with offenses against any ordinance of the city, and each judge of the634
municipal court shall have the same authority as a magistrate of the state to issue warrants635
for offenses against state laws committed within the city.636
Section 4.14.637
Appeal.638
Any person aggrieved by a decision of the municipal court shall have the right to appeal as639
provided by law to the Superior Court of Early County.640
Section 4.15.641
Rules for court.642
With the approval of the city council, the judge of the municipal court shall have full power643
and authority to make reasonable rules and regulations necessary and proper to secure the644
H. B. 1401
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efficient and successful administration of the municipal court; provided, however, that the
645
city council may adopt in part or in toto the rules and regulations applicable to municipal646
courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be647
available for public inspection, and, upon request, a copy shall be furnished to all defendants648
in municipal court proceedings at least 48 hours prior to said proceedings.649
Section 4.16.650
Indigent defense and prosecutor.651
The mayor and council shall have the power to provide for a system of defense for indigent652
persons charged in the municipal court of the City of Blakely with violations of ordinances653
or state laws, and for the prosecution of such cases by a prosecutor, and to provide for and654
require the expense of same to be prorated over all criminal cases disposed of by the court,655
and all bond forfeitures in said cases, to be imposed by the municipal court judge and656
collected in all criminal cases and in bond forfeitures in such cases as costs in addition to657
fines, penalties, and all other costs.658
Section 4.17.659
Technology fee.660
The clerk of the municipal court shall be entitled to charge and collect a technology fee as661
a surcharge to each criminal and quasi-criminal fine paid. The technology fee shall be set662
by resolution of the mayor and city council from time to time. Such fee shall be used663
exclusively to provide for the technological needs of the court. All funds collected pursuant664
to this provision shall be maintained in a segregated account by the clerk of the court,665
separate from other funds of the city, and shall be expended only for authorized purposes666
H. B. 1401
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upon order of the judge of the municipal court upon consultation with the clerk and the chief
667
of police.668
ARTICLE V669
ELECTIONS AND REMOVAL670
Section 5.10.671
Applicability of general law.672
All primaries and elections shall be held and conducted in accordance with Chapter 2 of673
Title 21 of the O.C.G.A., the "Georgia Election Code," as amended.674
Section 5.11.675
Regular elections; time for holding.676
(a) On the Tuesday next following the first Monday in November, 2025, successors to the677
District 1 Post 1 and District 2 Post 1 councilmembers whose terms expire on678
December 31, 2025, shall be elected for a term of office expiring on December 31, 2029, and679
until their respective successors are elected and qualified.680
(b) On the Tuesday next following the first Monday in November, 2027, successors to the681
mayor, District 1 Post 2 and District 2 Post 2 councilmembers whose terms expire on682
December 31, 2027, shall be elected for a term of office expiring on December 31, 2031, and683
until their respective successors are elected and qualified.684
(c) Thereafter, the general municipal election for the election of the mayor and685
councilmembers shall be conducted on the Tuesday next following the first Monday in686
November in each odd-numbered year. Successors shall be elected to those offices the terms687
of which will expire on December 31 of such year. All persons elected to such office shall688
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take office on January 1 immediately following the date of the municipal general election and
689
shall have terms of office of four years and until their respective successors are elected and690
qualified.691
Section 5.12.692
Nonpartisan elections.693
Political parties shall not conduct primaries for city offices, and names of all candidates for694
city offices shall be listed without party designations.695
Section 5.13.696
Election by majority.697
The person receiving a majority of the votes cast in the city election for the office of mayor698
shall be elected. The person receiving a majority of the votes cast in the city election for699
each of the city council positions shall be elected to the respective post.700
Section 5.14.701
Special elections; vacancies.702
In the event that the office of mayor or councilmember shall become vacant as provided in703
Section 2.12 of this charter, the city council or those remaining shall appoint a successor for704
the remainder of the term.705
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Section 5.15.
706
Other provisions.707
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe708
such rules and regulations it deems appropriate to fulfill any options and duties required by709
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter710
amended.711
Section 5.16.712
Removal of officers.713
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall714
be removed from office for any one or more of the causes provided in Title 45 of the715
O.C.G.A., or such other applicable laws as are or may hereafter be enacted.716
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished717
by one of the following methods:718
(1) Following a hearing at which an impartial panel shall render a decision. In the event719
an elected officer is sought to be removed by the action of the city council, such officer720
shall be entitled to a written notice specifying the ground or grounds for removal and to a721
public hearing which shall be held not less than ten days after the service of such written722
notice. The city council shall provide by ordinance for the manner in which such hearings723
shall be held. Any elected officer sought to be removed from office as herein provided724
shall have the right of appeal from the decision of the city council to the Superior Court of725
Early County. Such appeal shall be governed by the same rules as govern appeals to the726
superior court from the probate court.727
(2) By an order of the Superior Court of Early County following a hearing on a complaint728
seeking such removal brought by any resident of the City of Blakely.729
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ARTICLE VI
730
FINANCE731
Section 6.10.732
Property tax.733
The city council may assess, levy, and collect an ad valorem tax on all real and personal734
property within the corporate limits of the city that is subject to such taxation by the state and735
county. This tax is for the purpose of raising revenues to defray the costs of operating the736
city government, of providing governmental services, for the repayment of principal and737
interest on general obligations, and for any other public purpose as determined by the city738
council in its discretion.739
Section 6.11.740
Millage rate; due dates; payment methods.741
The city council, by ordinance, shall establish a millage rate for the city property tax, a due742
date, and the time period within which these taxes must be paid. The city council, by743
ordinance, may provide for the payment of these taxes by installments or in one lump sum,744
as well as authorize the voluntary payment of taxes prior to the time when due.745
Section 6.12.746
Occupation and business taxes.747
The city council, by ordinance, shall have the power to levy such occupation or business748
taxes as are not denied by law. The city council may classify businesses, occupations, or749
H. B. 1401
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professions for the purpose of such taxation in any way which may be lawful and may
750
compel the payment of such taxes as provided in Section 6.18.751
Section 6.13.752
Regulatory fees; permits.753
The city council, by ordinance, shall have the power to require businesses or practitioners754
doing business within this city to obtain a permit for such activity from the city and pay a755
reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect756
the total cost to the city for regulating the activity and, if unpaid, shall be collected as757
provided in Section 6.18.758
Section 6.14.759
Franchises.760
(a) The city council shall have the power to grant franchises for the use of this city's streets761
and alleys for the purposes of railroads, street railways, telephone companies, electric762
companies, electric membership corporations, cable television, and other telecommunications763
companies, gas companies, transportation companies, and other similar organizations. The764
city council shall determine the duration, terms, whether the same shall be exclusive or765
nonexclusive, and the consideration for such franchises; provided, however, no franchise766
shall be granted for a period in excess of 35 years, and no franchise shall be granted unless767
the city receives just and adequate compensation therefor. The city council shall provide for768
the registration of all franchises with the city clerk in a registration book kept by said clerk. 769
The city council may provide by ordinance for the registration within a reasonable time of770
all franchises previously granted.771
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(b) If no franchise agreement is in effect, the city council has the authority to impose a tax
772
on gross receipts for the use of this city's streets and alleys for the purposes of railroads,773
street railways, telephone companies, electric companies, electric membership corporations,774
cable television, and other telecommunications companies, gas companies, transportation775
companies, and other similar organizations.776
Section 6.15.777
Service charges.778
The city council, by ordinance, shall have the power to assess and collect fees, charges, and779
tolls for sewers, sanitary and health services, or any other services provided or made780
available within and without the corporate limits of the city for the total cost to the city of781
providing or making available such services. If unpaid, such charges shall be collected as782
provided in Section 6.18.783
Section 6.16.784
Special assessments.785
The city council, by ordinance, shall have the power to assess and collect the cost of786
constructing, reconstructing, widening, or improving any public way, street, sidewalk,787
curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property788
owners under such terms and conditions as are reasonable. If unpaid, such charges shall be789
collected as provided in Section 6.18.790
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Section 6.17.
791
Construction; other taxes and fees.792
The city shall be empowered to levy any other tax or fee allowed now or hereafter by law,793
and the specific mention of any right, power, or authority in this article shall not be construed794
as limiting in any way the general powers of this city to govern its local affairs.795
Section 6.18.796
Collection of delinquent taxes and fees.797
The city council, by ordinance, may provide generally for the collection of delinquent taxes,798
fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable799
means as are not precluded by law. This shall include providing for the dates when the taxes800
or fees are due; later penalties or interest; issuance and execution of fi.fa.'s; creation and801
priority of liens; making delinquent taxes and fees the personal debts of the persons required802
to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or803
fees; and providing for the assignment or transfer or tax executions.804
Section 6.19.805
General obligation bonds.806
The city council shall have the power to issue bonds for the purpose of raising revenue to807
carry out any project, program, or venture authorized under this charter or the laws of the808
state. Such bonding authority shall be exercised in accordance with the laws governing bond809
issuance by municipalities in effect at the time said issue is undertaken.810
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Section 6.20.
811
Revenue bonds.812
Revenue bonds may be issued by the city council as state law now or hereafter provides. 813
Such bonds are to be paid out of any revenue produced by the project, program, or venture814
for which they were issued.815
Section 6.21.816
Short-term loans.817
The city may obtain short-term loans and must repay such loans not later than December 31818
of each year, unless otherwise provided by law.819
Section 6.22.820
Lease-purchase contracts.821
The city may enter into multi-year lease, purchase or lease-purchase contracts for the822
acquisition of goods, materials, real and personal property, services, and supplies provided823
the contract terminates without further obligation on the part of the municipality at the close824
of the calendar year in which it was executed and at the close of each succeeding calendar825
year for which it may be renewed. Contracts must be executed in accordance with the826
requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are827
or may hereafter be enacted.828
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Section 6.23.
829
Fiscal year.830
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the831
budget year and the year for financial accounting and the reporting of each and every office,832
department, agency, and activity of the city government.833
Section 6.24.834
Preparation of budgets.835
The city council shall provide an ordinance on the procedures and requirements for the836
preparation and execution of an annual operating budget, a capital improvement plan, and837
a capital budget, including requirements as to the scope, content, and form of such budgets838
and plans.839
Section 6.25.840
Submission of operating budget to city council.841
On or before a date fixed by the city council, but not later than 60 days prior to the beginning842
of each fiscal year, the city manager shall submit to the city council a proposed operating843
budget for the ensuing fiscal year. The budget shall be accompanied by a message from the844
city manager containing a statement of the general fiscal policies of the city, the important845
features of the budget, explanations of major changes recommended for the next fiscal year,846
a general summary of the budget, and such other pertinent comments and information. The847
operating budget and the capital budget hereinafter provided for, the budget message, and848
all supporting documents shall be filed in the office of the city clerk and shall be open to849
public inspection.850
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Section 6.26.
851
Action by city council on budget.852
(a) The city council may amend the operating budget proposed by the city manager, except853
that the budget as finally amended and adopted must provide for all expenditures required854
by state law or by other provisions of this charter and for all debt service requirements for855
the ensuing fiscal year, and the total appropriations from any fund shall not exceed the856
estimated fund balance, reserves, and revenues.857
(b) The city council, by ordinance, shall adopt the final operating budget for the ensuing858
fiscal year not later than July 1 of each year. If the city council fails to adopt the budget by859
this date, the amounts appropriated for operation for the current fiscal year shall be deemed860
adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated861
accordingly until such time as the city council adopts a budget for the ensuing fiscal year. 862
Adoption of the budget shall take the form of an appropriations ordinance setting out the863
estimated revenues in detail by sources and making appropriations according to fund and by864
organizational unit, purpose, or activity as set out in the budget preparation ordinance865
adopted pursuant to Section 6.24.866
(c) The amount set out in the adopted operating budget for each organizational unit shall867
constitute the annual appropriation for such, and no expenditure shall be made or868
encumbrance created in excess of the otherwise unencumbered balance of the appropriations869
or allotment thereof, to which it is chargeable.870
Section 6.27.871
Tax levies.872
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates873
set by such ordinance shall be such that reasonable estimates of revenues from such levy874
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shall at least be sufficient, together with other anticipated revenues, fund balances, and
875
applicable reserves, to equal the total amount appropriated for each of the several funds set876
forth in the annual operating budget for defraying the expenses of the general government877
of this city.878
Section 6.28.879
Changes in appropriations.880
The city council, by ordinance, may make changes in the appropriations contained in the881
current operating budget, at any regular meeting, special or emergency meeting called for882
such purpose, but any additional appropriations may be made only from an existing883
unexpended surplus.884
Section 6.29.885
Independent audit.886
There shall be an annual independent audit of all city accounts, funds, and financial887
transactions by a certified public accountant selected by the city council. The audit shall be888
conducted according to generally accepted auditing principles. Any audit of any funds by889
the state or federal governments may be accepted as satisfying the requirements of this890
charter. Copies of annual audit reports shall be available at printing costs to the public.891
Section 6.30.892
Contracting procedures.893
No contract with the city shall be binding on the city unless:894
(1) It is in writing; 895
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(2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of
896
course, is signed by the city attorney to indicate such drafting or review; and897
(3) It is made or authorized by the city council, and such approval is entered in the city898
council journal of proceedings pursuant to Section 2.20.899
Section 6.31.900
Centralized purchasing.901
The city council, by ordinance, shall prescribe procedures for a system of centralized902
purchasing for the city.903
Section 6.32.904
Sale and lease of city property.905
(a) The city council may sell and convey or lease any real or personal property owned or906
held by the city for governmental or other purposes as now or hereafter provided by law.907
(b) The city council may quitclaim any rights it may have in property not needed for public908
purposes upon report by the mayor and adoption of a resolution, both finding that the909
property is not needed for public or other purposes and that the interest of the city has no910
readily ascertainable monetary value.911
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place912
of the city a small parcel or tract of land is cut off or separated by such work from a larger913
tract or boundary of land owned by the city, the city council may authorize the mayor to sell914
and convey said cut off or separated parcel or tract of land to an abutting or adjoining915
property owner or owners where such sale and conveyance facilitates the enjoyment of the916
highest and best use of the abutting owner's property. Included in the sales contract shall be917
a provision for the rights of way of said street, avenue, alley, or public place. Each abutting918
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property owner shall be notified of the availability of the property and given the opportunity
919
to purchase said property under such terms and conditions as set out by ordinance. All deeds920
and conveyances heretofore and hereafter so executed and delivered shall convey all title and921
interest the city has in such property, notwithstanding the fact that no public sale after922
advertisement was or is hereafter made.923
ARTICLE VII924
GENERAL PROVISIONS925
Section 7.10.926
Bonds for officials.927
The officers and employees of this city, both elective and appointive, shall execute such928
surety or fidelity bonds in such amounts and upon such terms and conditions as the city929
council shall from time to time require by ordinance or as may be provided by law.930
Section 7.11.931
Prior ordinances.932
All ordinances, resolutions, rules, and regulations now in force in the city and not933
inconsistent with this charter are hereby declared valid and of full effect and force until934
amended or repealed by the city council.935
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Section 7.12.
936
Existing personnel and officers.937
Except as specifically provided otherwise by this charter, all personnel and officers of the938
city and their rights, privileges, and powers shall continue beyond the time this charter takes939
effect for a period of 180 days before or during which the existing city council shall pass a940
transition ordinance detailing the changes in personnel and appointive officers required or941
desired and arranging such titles, rights, privileges, and powers as may be required or desired942
to allow a reasonable transition.943
Section 7.13.944
Pending matters.945
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,946
contracts, and legal or administrative proceedings shall continue, and any such ongoing work947
or cases shall be completed by such city agencies, personnel, or offices as may be provided948
by the city council.949
Section 7.14.950
Construction.951
(a) Section captions in this charter are informative only and are not to be considered as a part952
thereof.953
(b) The word "shall" is mandatory and the word "may" is permissive.954
(c) The singular shall include the plural, the masculine shall include the feminine, and vice955
versa.956
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Section 7.15.
957
Severability.958
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be959
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect960
nor impair other parts of this charter unless it clearly appears that such other parts are wholly961
and necessarily dependent upon the part held to be invalid or unconstitutional, it being the962
legislative intent in enacting this charter that each article, section, subsection, paragraph,963
sentence, or part thereof be enacted separately and independent of each other.964
Section 7.16.965
Specific repealer.966
An Act providing for a new charter for the City of Blakely, approved May 3, 2016 (Ga.967
L. 2016, p. 3970), is hereby repealed in its entirety; and all amendatory acts thereto are968
likewise repealed in their entirety.969
Section 7.17.970
General repealer.971
All other laws and parts of laws in conflict with this charter are hereby repealed.972
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