Georgia 2023-2024 Regular Session

Georgia House Bill HB1401 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 47 2905~~/AP~~
2		-	House Bill 1401 ~~(AS PASSED HOUSE AND SENATE)~~
	1	+	24 LC 47 2905
	2	+	House Bill 1401
3	3		By: Representative Greene of the 154
4	4		th
5	5
6	6		A BILL TO BE ENTITLED
7	7		AN ACT
8	8		To provide a new charter for the City of Blakely; to provide for incorporation, boundaries,
9	9		1
10	10		and powers of the city; to provide for the exercise of powers and limitations on powers; to2
11	11		provide for a governing authority of such city and the powers, duties, authority, prohibitions,3
12	12		elections, terms, removal from office, method of filling vacancies, compensation, expenses,4
13	13		and qualifications; to provide for conflict of interest and holding other offices; to provide for5
14	14		inquiries and investigations; to provide for organization and meeting procedures; to provide6
15	15		for ordinances; to provide for eminent domain; to provide for codes; to provide for the office7
16	16		of mayor and certain duties and powers relative to the office of mayor; to provide for a8
17	17		mayor pro tempore; to provide for a city manager, and powers and duties thereof; to provide9
18	18		for acting city managers; to prohibit council interference with administration; to provide for10
19	19		administrative responsibilities; to provide for boards, commissions, and authorities; to11
20	20		provide for a city attorney, city clerk, and other personnel; to provide for the establishment12
21	21		of a municipal court and the judge or judges thereof; to provide for practices and procedures;13
22	22		to provide for indigent defense and prosecutor; to provide for taxation, permits, and fees; to14
23	23		provide for franchises, service charges, and assessments; to provide for bonded and other15
24	24		indebtedness; to provide for accounting and budgeting; to provide for contracting and16
25	25		purchasing; to provide for sale of city property; to provide for bonds for officials; to provide17
26	26		for pending matters; to provide for definitions and construction; to provide for severability;18
27	27		H. B. 1401
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	28	+	- 1 - 24 LC 47 2905
29	29		to provide for related matters; to repeal specific Acts; to repeal conflicting laws; and for other
30	30		19
31	31		purposes.20
32	32		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:21
33	33		ARTICLE I22
34	34		INCORPORATION AND POWERS23
35	35		Section 1.10.24
36	36		Name.25
37	37		The city and the inhabitants thereof, are reincorporated by the enactment of this charter and26
38	38		are hereby constituted and declared a body politic and corporate under the name and style27
39	39		City of Blakely, Georgia, and by that name shall have perpetual existence.28
40	40		Section 1.11.29
41	41		Corporate boundaries.30
42	42		(a) The boundaries of this city shall be those existing on the effective date of the adoption31
43	43		of this charter with such alterations as may be made from time to time in the manner32
44	44		provided by law. The boundaries of this city at all times shall be shown on a map to be33
45	45		retained permanently in the City of Blakely City Hall and to be designated: "City of Blakely,34
46	46		Georgia". Photographic, typed, or other copy of such map or description certified by the City35
47	47		of Blakely shall be admitted as evidence in all courts and shall have the same force and effect36
48	48		as with the original map or description.37
49	49		(b) The city council may provide for the redrawing of any such map by ordinance to reflect38
50	50		lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes39
51	51		the entire map or maps which it is designated to replace.40
52	52		H. B. 1401
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	53	+	- 2 - 24 LC 47 2905
54	54		Section 1.12.
55	55		41
56	56		Powers and construction.42
57	57		(a) The city shall have all powers possible for a municipality to have under the present or43
58	58		future Constitution and laws of this state as fully and completely as though they were44
59	59		specifically enumerated in this charter. The city shall have all the powers of self-government45
60	60		not otherwise prohibited by this charter or by general law.46
61	61		(b) The powers of this city shall be construed liberally in favor of the city. The specific47
62	62		mention or failure to mention particular powers shall not be construed as limiting in any way48
63	63		the powers of this city.49
64	64		Section 1.13.50
65	65		Specific powers.51
66	66		(a) Animal regulations. To regulate and license or to prohibit the keeping or running at large52
67	67		of animals and fowl, and to provide for the impoundment of the same if in violation of any53
68	68		ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction54
69	69		of animals and fowl when not redeemed as provided by ordinance; and to provide55
70	70		punishment for violation of ordinances enacted hereunder.56
71	71		(b) Appropriations and expenditures. To make appropriations for the support of the57
72	72		government of the city; to authorize the expenditure of money for any purposes authorized58
73	73		by this charter, or for municipalities by the laws of the State of Georgia; and to provide for59
74	74		the payment of expenses of the city.60
75	75		(c) Building regulation. To regulate and to license the erection and construction of buildings61
76	76		and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and62
77	77		air conditioning codes; and to regulate all housing and building trades.63
78	78		H. B. 1401
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	79	+	- 3 - 24 LC 47 2905
80	80		(d) Business regulation and taxation. To levy and to provide for the collection of regulatory
81	81		64
82	82		fees and taxes on privileges, occupations, trades, and professions as authorized by Title 4865
83	83		of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit66
84	84		and regulate the same; to provide for the manner and method of payment of such regulatory67
85	85		fees and taxes; and to revoke such permits after due process for failure to pay any city taxes68
86	86		or fees.69
87	87		(e) Condemnation. To condemn property inside or outside the corporate limits of the city70
88	88		for present or future use and for any corporate purpose deemed necessary by the governing71
89	89		authority, utilizing procedures provided by the O.C.G.A. as the same shall exist from time72
90	90		to time.73
91	91		(f) Contracts. To enter into contracts and agreements with other governmental entities and74
92	92		with private persons, firms, and corporations.75
93	93		(g) Emergencies. To establish procedures for determining and proclaiming that an76
94	94		emergency situation exists within or without the city, and to make and carry out all77
95	95		reasonable provisions deemed necessary to deal with or meet such an emergency for the78
96	96		protection, safety, health, or well-being of the citizens of the city.79
97	97		(h) Environmental protection. To protect and preserve the natural resources, environment,80
98	98		and vital areas of the city through the preservation and improvement of air quality, the81
99	99		restoration and maintenance of water resources, the control of erosion and sedimentation, the82
100	100		management of solid and hazardous waste, and other necessary actions for the protection of83
101	101		the environment.84
102	102		(i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge,85
103	103		or restrict the same; to prescribe fire safety regulations not inconsistent with general law,86
104	104		relating to fire prevention and detection and to fire fighting; and to prescribe penalties and87
105	105		punishment for violations thereof.88
106	106		(j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and89
107	107		disposal, and other sanitary service charge, tax, or fee for such services as may be necessary90
108	108		H. B. 1401
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	109	+	- 4 - 24 LC 47 2905
110	110		in the operation of the city from all individuals, firms, and corporations residing in or doing
111	111		91
112	112		business therein benefitting from such services or to whom such services are available; to92
113	113		enforce the payment of such charges, taxes, or fees; and to provide for the manner and93
114	114		method of collecting such service charges.94
115	115		(k) General health, safety, and welfare. To define, regulate, and prohibit any act, practice,95
116	116		conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare,96
117	117		and safety of the inhabitants of the city, and to provide for the enforcement of such standards.97
118	118		(l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any98
119	119		purpose related to powers and duties of the city and the general welfare of its citizens, on99
120	120		such terms and conditions as the donor or grantor may impose.100
121	121		(m) Health and sanitation. To prescribe standards of health and sanitation and to provide101
122	122		for the enforcement of such standards.102
123	123		(n) Jail sentences. To provide that persons given jail sentences in the city's court may work103
124	124		out such sentences in any public works or on the streets, roads, drains, and other public104
125	125		property in the city, to provide for commitment of such persons to any jail, or to provide for105
126	126		commitment of such persons to any county work camp or county jail by agreement with the106
127	127		appropriate county officials.107
128	128		(o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over108
129	129		all traffic, including parking upon or across the streets, roads, alleys, and walkways of the109
130	130		city.110
131	131		(p) Municipal agencies and delegation of power. To create, alter, or abolish departments,111
132	132		boards, offices, commissions, and agencies of the city, and to confer upon such agencies the112
133	133		necessary and appropriate authority for carrying out all the powers conferred upon or113
134	134		delegated to the same.114
135	135		(q) Municipal debts. To appropriate and borrow money for the payment of debts of the city115
136	136		and to issue bonds for the purpose of raising revenue to carry out any project, program, or116
137	137		venture authorized by this charter or the laws of the State of Georgia.117
138	138		H. B. 1401
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140	140		(r) Municipal property ownership. To acquire, dispose of, lease, option, and hold in trust
141	141		118
142	142		or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or119
143	143		outside the property limits of the city.120
144	144		(s) Municipal property protection. To provide for the preservation and protection of121
145	145		property and equipment of the city and the administration and use of same by the public; and122
146	146		to prescribe penalties and punishment for violations thereof.123
147	147		(t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of124
148	148		public utilities, including, but not limited to, a system of waterworks, sewers and drains,125
149	149		sewage disposal, gas works, electric light plants, cable television, and other126
150	150		telecommunications, transportation facilities, public airports, and any other public utility; and127
151	151		to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to128
152	152		provide for the withdrawal of service for refusal or failure to pay the same.129
153	153		(u) Nuisance. To define a nuisance and provide for its abatement whether on public or130
154	154		private property.131
155	155		(v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the132
156	156		authority of this charter and the laws of the State of Georgia.133
157	157		(w) Planning and zoning. To provide comprehensive city planning for development by134
158	158		zoning; and to provide subdivision regulation and the like as the city council deems135
159	159		necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community.136
160	160		(x) Police and fire protection. To exercise the power of arrest through duly appointed137
161	161		policemen and to establish, operate, or contract for a police and a fire fighting agency.138
162	162		(y) Public hazards: removal. To provide for the destruction and removal of any building or139
163	163		other structure which is or may become dangerous or detrimental to the public.140
164	164		(z) Public improvements. To provide for the acquisition, construction, building, operation,141
165	165		and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries,142
166	166		markets and market houses, public buildings, libraries, public housing, airports, hospitals,143
167	167		terminals, docks, parking facilities, or charitable, cultural, educational, recreational,144
168	168		H. B. 1401
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	169	+	- 6 - 24 LC 47 2905
170	170		conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies,
171	171		145
172	172		and facilities; and to provide any other public improvements, inside or outside the corporate146
173	173		limits of the city; to regulate the use of public improvements; and for such purposes, property147
174	174		may be acquired by condemnation under procedures provided by the O.C.G.A. as the same148
175	175		shall exist from time to time.149
176	176		(aa) Public peace. To provide for the prevention and punishment of drunkenness, riots, and150
177	177		public disturbances.151
178	178		(bb) Public transportation. To organize and operate such public transportation systems as152
179	179		are deemed beneficial.153
180	180		(cc) Public utilities and services. To grant franchises or make contracts for, or impose taxes154
181	181		on public utilities and public service companies; and to prescribe the rates, fares, regulations155
182	182		and standards, and conditions of service applicable to the service to be provided by the156
183	183		franchise grantee or contractor, insofar as not in conflict with valid regulations of the public157
184	184		service commission.158
185	185		(dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal,159
186	186		and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other160
187	187		structures or obstructions upon or adjacent to the rights of way of streets and roads or within161
188	188		view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and162
189	189		punishment for violation of such ordinances.163
190	190		(ee) Retirement. To provide and maintain a retirement plan for officers and employees of164
191	191		the city.165
192	192		(ff) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of,166
193	193		abandon or close, construct, pave, curb, gutter, provide drainage for, adorn with shade trees,167
194	194		or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys,168
195	195		and walkways within the corporate limits of the city; and to grant franchises and rights of169
196	196		way throughout the streets and roads, and over the bridges and viaducts for the use of public170
197	197		H. B. 1401
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	198	+	- 7 - 24 LC 47 2905
199	199		utilities; and to require real estate owners to repair and maintain in a safe condition the
200	200		171
201	201		sidewalks adjoining their lots or lands, and to impose penalties for failure to do so.172
202	202		(gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,173
203	203		constructing, equipping, operating, maintaining, and extending of a sanitary sewage disposal174
204	204		plant and sewerage system, and to levy on those to whom sewers and sewerage systems are175
205	205		made available a sewer service fee, charge, or sewer tax for the availability or use of the176
206	206		sewers; to provide for the manner and method of collecting such service charges and for177
207	207		enforcing payment of the same; and to charge, impose, and collect a sewer connection fee178
208	208		or fees to those connected with the system.179
209	209		(hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish,180
210	210		and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by181
211	211		others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper,182
212	212		and other recyclable materials, and to provide for the same of such items.183
213	213		(ii) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the184
214	214		manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms;185
215	215		to regulate the transportation, storage, and use of combustible, explosive, and inflammable186
216	216		materials, the use of lighting and heating equipment, and any other business or situation187
217	217		which the city may deem to be dangerous to persons or property; to regulate and control the188
218	218		conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of189
219	219		any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional190
220	220		fortune-telling, palmistry, adult bookstores, and massage parlors.191
221	221		(jj) Special assessments. To levy and provide for the collection of special assessments to192
222	222		cover the costs for any public improvements.193
223	223		(kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and194
224	224		collection of taxes on all property subject to taxation.195
225	225		(ll) Taxes: other. To levy and collect such other taxes as may be allowed now or in the196
226	226		future by law.197
227	227		H. B. 1401
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229	229		(mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the
230	230		198
231	231		number of such vehicles; to require the operators thereof to be licensed; to require public199
232	232		liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to200
233	233		regulate the parking of such vehicles.201
234	234		(nn) Urban redevelopment. To organize and operate an urban redevelopment program.202
235	235		(oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and203
236	236		immunities necessary or desirable to promote or protect the safety, health, peace, security,204
237	237		good order, comfort, convenience, or general welfare of the city and its inhabitants; and to205
238	238		exercise all implied powers necessary or desirable to carry into execution all powers granted206
239	239		in this charter as fully and completely as if such powers were fully stated herein; and to207
240	240		exercise all powers now or in the future authorized to be exercised by other municipal208
241	241		governments under other laws of the State of Georgia; and no listing of particular powers in209
242	242		this charter shall be held to be exclusive of others, nor restrictive of general words and210
243	243		phrases granting powers, but shall be held to be in addition to such powers unless expressly211
244	244		prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.212
245	245		Section 1.14.213
246	246		Exercise of powers.214
247	247		All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or215
248	248		employees shall be carried into execution as provided by this charter. If this charter makes216
249	249		no provisions, such shall be carried into execution as provided by ordinance or as provided217
250	250		by pertinent laws of the State of Georgia.218
251	251		H. B. 1401
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253	253		ARTICLE II
254	254		219
255	255		GOVERNMENT STRUCTURE220
256	256		Section 2.10.221
257	257		City council creation; number; election.222
258	258		The legislative authority of the government of this city, except as otherwise specifically223
259	259		provided in this charter, shall be vested in a city council to be composed of a mayor and four224
260	260		councilmembers. The city council established shall in all respects be a successor to and225
261	261		continuation of the governing authority under prior law. The mayor and councilmembers226
262	262		shall be elected in the manner provided by general law and this charter.227
263	263		Section 2.11.228
264	264		City council terms and qualifications for office.229
265	265		(a) The mayor and members of the city council shall serve for terms of four years and until230
266	266		their respective successors are elected and qualified. No person shall be eligible to serve as231
267	267		mayor or councilmember unless that person shall have been a resident of the city for one year232
268	268		prior to the date of election of the mayor or councilmember.233
269	269		(b) The mayor may reside anywhere within the city and must receive a majority of the votes234
270	270		cast for such office in the entire city. The mayor must continue to reside within the city235
271	271		during his or her term of office, or the office shall thereupon become vacant.236
272	272		(c) In order to be elected as a member of the board from a council district, a person must237
273	273		reside in that council district at the time such person is elected and must receive a majority238
274	274		of the votes cast for that office in that district only, and not at large. Only electors who are239
275	275		residents of a council district may vote for a councilmember from that district. At the time240
276	276		of qualifying for election as a councilmember from a council district, each candidate for such241
277	277		H. B. 1401
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	278	+	- 10 - 24 LC 47 2905
279	279		office shall specify the council district for which that person is a candidate. A person elected
280	280		242
281	281		as a councilmember from a council district must continue to reside in that district during that243
282	282		person's term of office or that office shall thereupon become vacant.244
283	283		Section 2.12.245
284	284		Vacancy; filling of vacancies.246
285	285		(a) The office of mayor or councilmember shall become vacant upon the occurrence of any247
286	286		event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such248
287	287		other applicable laws as are or may hereafter be enacted. Provided, however, the office of249
288	288		mayor or councilmember shall become vacant upon the unexcused absence of the holder of250
289	289		the office from four consecutive regularly scheduled meetings of the city council. Excused251
290	290		absences shall be granted by a majority vote of the remaining city councilmembers and the252
291	291		mayor as provided in Section 2.21 and shall be entered upon the minutes of the council253
292	292		meeting.254
293	293		(b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of255
294	294		the unexpired terms, if any, by appointment by the remaining councilmembers if less than256
295	295		six months remain in the unexpired term, otherwise by an election, as provided for in257
296	296		Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other258
297	297		such laws as are or may hereafter be enacted.259
298	298		Section 2.13.260
299	299		Compensation and expenses.261
300	300		The mayor and councilmembers shall receive compensation and expenses for their services262
301	301		as provided by ordinance.263
302	302		H. B. 1401
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304	304		Section 2.14.
305	305		264
306	306		Conflict of interest.265
307	307		(a) Elected and appointed officers of the city are trustees and servants of the residents of the266
308	308		city and shall act in a fiduciary capacity for the benefit of such residents.267
309	309		(b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any268
310	310		ordinance, resolution, contract, or other matter in which that person is financially interested.269
311	311		Section 2.15.270
312	312		Inquiries and investigations.271
313	313		Following the adoption of an authorizing resolution, the city council may make inquiries and272
314	314		investigations into the affairs of the city and the conduct of any department, office, or agency273
315	315		thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and274
316	316		require the production of evidence. Any person who fails or refuses to obey a lawful order275
317	317		issued in the exercise of these powers by the city council shall be punished as provided by276
318	318		ordinance.277
319	319		Section 2.16.278
320	320		General power and authority of the city council.279
321	321		Except as otherwise provided by law or this charter, the city council shall be vested with all280
322	322		the powers of government of this city.281
323	323		H. B. 1401
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	324	+	- 12 - 24 LC 47 2905
325	325		Section 2.17.
326	326		282
327	327		Eminent domain.283
328	328		The city council is hereby empowered to acquire, construct, operate, and maintain public284
329	329		ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,285
330	330		sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports,286
331	331		hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional,287
332	332		penal and medical institutions, agencies and facilities, and any other public improvements288
333	333		inside or outside the city, and to regulate the use thereof, and for such purposes, property289
334	334		may be condemned under procedures established under general law applicable now or as290
335	335		provided in the future.291
336	336		Section 2.18.292
337	337		Organizational meetings.293
338	338		The city council shall hold an organizational meeting on the first meeting in January294
339	339		following the regular election, as provided in Section 5.11. The meeting shall be called to295
340	340		order by the city clerk, and the oath of office shall be administered to the newly elected296
341	341		members as follows:297
342	342		"I __________ do solemnly swear or affirm that I will properly perform the duties of the298
343	343		office of ____________ in and for the City of Blakely, to the best of my knowledge, skill,299
344	344		and ability; that I am not the holder of any unaccounted for public money due to the State300
345	345		of Georgia or any political subdivision or authority thereto; that I am not the holder of any301
346	346		office of trust under the government of the United States, any other state, or any foreign302
347	347		state, which I am by the laws of the State of Georgia prohibited from holding; that I am303
348	348		qualified to hold the office which I am about to enter according to the Constitution and304
349	349		laws of Georgia; that I will support the Constitution of the United States and the State of305
350	350		H. B. 1401
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	351	+	- 13 - 24 LC 47 2905
352	352		Georgia; that I have been a resident of the City of Blakely from which elected and the City
353	353		306
354	354		of Blakely for the time required by the Constitution and laws of the State of Georgia and307
355	355		the Charter of the City of Blakely, so help me God."308
356	356		Section 2.19.309
357	357		Regular and special meetings.310
358	358		(a) The city council shall hold regular meetings at such times and places as shall be311
359	359		prescribed by ordinance.312
360	360		(b) Special meetings of the city council may be held on call of the mayor or two members313
361	361		of the city council. Notice of such special meetings shall be served on all other members314
362	362		personally, or by telephone personally, at least 24 hours in advance of the meeting. Such315
363	363		notice to councilmembers shall not be required if the mayor and all councilmembers are316
364	364		present when the special meeting is called. Such notice of any special meeting may be317
365	365		waived by a councilmember in writing before or after such a meeting, and attendance at the318
366	366		meeting shall also constitute a waiver of notice on any business transacted in such319
367	367		councilmember's presence. Only the business stated in the call may be transacted at the320
368	368		special meeting. Upon the unanimous consent of all members present, any business which321
369	369		may be transacted at a regular meeting may be conducted at the special meeting.322
370	370		(c) All meetings of the city council shall be public to the extent required by law, and notice323
371	371		to the public of special meetings shall be made fully as is reasonably possible as provided by324
372	372		Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter325
373	373		be enacted.326
374	374		H. B. 1401
375		-	- 14 - 24 LC 47 2905~~/AP~~
	375	+	- 14 - 24 LC 47 2905
376	376		Section 2.20.
377	377		327
378	378		Rules of procedure.328
379	379		(a) The city council shall adopt its rules of procedure and order of business consistent with329
380	380		the provisions of this charter and shall provide for keeping a journal of its proceedings, which330
381	381		shall be a public record.331
382	382		(b) All committees and committee chairs and officers of the city council shall be appointed332
383	383		by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power333
384	384		to appoint new members to any committee at any time.334
385	385		Section 2.21.335
386	386		Quorum; voting.336
387	387		Three councilmembers other than the mayor or the mayor and two councilmembers shall337
388	388		constitute a quorum and shall be authorized to transact business of the city council. Voting338
389	389		on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the339
390	390		journal; but any member of the city council shall have the right to request a roll call vote, and340
391	391		such vote shall be recorded in the journal. Except as otherwise provided in this charter, the341
392	392		affirmative vote of three councilmembers or two councilmembers and the mayor shall be342
393	393		required for the adoption of any ordinance, resolution, or motion. The mayor shall vote only343
394	394		in the event of a tie or when an affirmative or negative vote by the mayor constitutes a344
395	395		majority of three votes. An abstention shall not be counted as either an affirmative or345
396	396		negative vote.346
397	397		H. B. 1401
398		-	- 15 - 24 LC 47 2905~~/AP~~
	398	+	- 15 - 24 LC 47 2905
399	399		Section 2.22.
400	400		347
401	401		Ordinance form; procedures.348
402	402		(a) Every proposed ordinance should be introduced in writing and in the form required for349
403	403		final adoption. No ordinance shall contain a subject which is not expressed in its title. The350
404	404		enacting clause shall be "It is hereby ordained by the governing authority of the City of351
405	405		Blakely," and every ordinance shall so begin.352
406	406		(b) An ordinance may be introduced by a councilmember and be read at a regular or special353
407	407		meeting of the city council. Ordinances shall be considered and adopted or rejected by the354
408	408		city council in accordance with the rules which it shall establish; provided, however, an355
409	409		ordinance shall not be adopted the same day it is introduced, except for emergency356
410	410		ordinances provided in Section 2.24. Upon introduction of any ordinance, the city clerk shall357
411	411		as soon as possible distribute a copy to the mayor and to each councilmember and shall file358
412	412		a reasonable number of copies in the office of the city clerk and at such other public places359
413	413		as the city council may designate.360
414	414		Section 2.23.361
415	415		Action requiring an ordinance.362
416	416		Acts of the city council which have the force and effect of law shall be enacted by ordinance.363
417	417		Section 2.24.364
418	418		Emergencies.365
419	419		(a) To meet a public emergency affecting life, health, property, or public peace, the city366
420	420		council may convene on call of the mayor or three councilmembers and promptly adopt an367
421	421		emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a368
422	422		H. B. 1401
423		-	- 16 - 24 LC 47 2905~~/AP~~
	423	+	- 16 - 24 LC 47 2905
424	424		franchise; regulate the rate charged by any public utility for its services; or authorize the
425	425		369
426	426		borrowing of money except for loans to be repaid within 30 days. An emergency ordinance370
427	427		shall be introduced in the form prescribed for ordinances generally, except that it shall be371
428	428		plainly designated as an emergency ordinance and shall contain, after the enacting clause,372
429	429		a declaration stating that an emergency exists, and describing the emergency in clear and373
430	430		specific terms. An emergency ordinance may be adopted, with or without amendment, or374
431	431		rejected at the meeting at which it is introduced, but the affirmative vote of at least three375
432	432		councilmembers shall be required for adoption. It shall become effective upon adoption or376
433	433		at such later time as it may specify. Every emergency ordinance shall automatically stand377
434	434		repealed 30 days following the date upon which it was adopted, but this shall not prevent378
435	435		reenactment of the ordinance in the manner specified in this section if the emergency still379
436	436		exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance380
437	437		in the same manner specified in this section for adoption of emergency ordinances.381
438	438		(b) Such meetings shall be open to the public to the extent required by law, and notice to the382
439	439		public of emergency meetings shall be made as fully as is reasonably possible in accordance383
440	440		with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may384
441	441		hereafter be enacted.385
442	442		Section 2.25.386
443	443		Codes of technical regulations.387
444	444		(a) The city council may adopt any standard code of technical regulations by reference388
445	445		thereto in an adopting ordinance. The procedure and requirements governing such adopting389
446	446		ordinance shall be as prescribed for ordinances generally except that:390
447	447		(1) The requirements of Section 2.22(b) for distribution and filing of copies of the391
448	448		ordinance shall be construed to include copies of any code of technical regulations, as well392
449	449		as the adopting ordinance; and393
450	450		H. B. 1401
451		-	- 17 - 24 LC 47 2905~~/AP~~
	451	+	- 17 - 24 LC 47 2905
452	452		(2) A copy of each adopted code of technical regulations as well as the adopting ordinance,
453	453		394
454	454		shall be authenticated and recorded by the city clerk pursuant to Section 2.26.395
455	455		(b) Copies of any adopted code of technical regulations shall be made available by the clerk396
456	456		for inspection by the public.397
457	457		Section 2.26.398
458	458		Signing; authenticating; recording; codification; printing.399
459	459		(a) The city clerk shall authenticate by his or her signature and record in full, in a properly400
460	460		indexed book kept for that purpose, all ordinances adopted by the city council.401
461	461		(b) The city council shall provide for the preparation of a general codification of all the402
462	462		ordinances of the city having the force and effect of law. The general codification shall be403
463	463		adopted by the city council by ordinance and shall be published promptly, together with all404
464	464		amendments thereto and such codes of technical regulations and other rules and regulations405
465	465		as the city council may specify. This compilation shall be known and cited officially as "The406
466	466		Code of the City of Blakely, Georgia." Copies of the code shall be furnished to all officers,407
467	467		departments, and agencies of the city and made available for purchase by the public at a408
468	468		reasonable price as fixed by the city council.409
469	469		(c) The city council shall cause each ordinance and each amendment to this charter to be410
470	470		printed promptly following its adoption, and the printed ordinances and charter amendments411
471	471		shall be made available for purchase by the public at reasonable prices to be fixed by the city412
472	472		council. Following publication of the first code under this charter and at all times thereafter,413
473	473		the ordinances and charter amendments shall be printed in substantially the same style as the414
474	474		code currently in effect and shall be suitable in form for incorporation therein. The city415
475	475		council shall make such further arrangements as deemed desirable with reproduction and416
476	476		distribution of any current changes in or additions to codes of technical regulations and other417
477	477		rules and regulations included in the code.418
478	478		H. B. 1401
479		-	- 18 - 24 LC 47 2905~~/AP~~
	479	+	- 18 - 24 LC 47 2905
480	480		Section 2.27.
481	481		419
482	482		Election of mayor; forfeiture; compensation.420
483	483		The mayor shall be elected and serve for a term of four years and until a successor is elected421
484	484		and qualified. The mayor shall be a qualified elector of this city and shall have been a422
485	485		resident of the city for 12 months preceding the date of the election. The mayor shall423
486	486		continue to reside in this city during the period of service. The mayor shall forfeit the office424
487	487		on the same grounds and under the same procedure as for councilmembers. The425
488	488		compensation of the mayor shall be established in the same manner as for councilmembers.426
489	489		Section 2.28.427
490	490		Powers and duties of mayor.428
491	491		As the chief executive of this city, the mayor shall:429
492	492		(1) Preside at all meetings of the city council;430
493	493		(2) Be the head of the city for the purpose of service of process and for ceremonial431
494	494		purposes, and be the official spokesperson for the city and the chief advocate of policy;432
495	495		(3) Have the power to administer oaths and to take affidavits; and433
496	496		(4) Sign, as a matter of course on behalf of the city, all written and approved contracts,434
497	497		ordinances, and other instruments executed by the city which by law are required to be in435
498	498		writing.436
499	499		Section 2.29.437
500	500		Mayor pro tempore; selection; duties.438
501	501		At the first meeting in January of each year, by a majority vote, the city council shall elect439
502	502		a councilmember to serve as mayor pro tempore. In the mayor's absence, the mayor pro440
503	503		H. B. 1401
504		-	- 19 - 24 LC 47 2905~~/AP~~
	504	+	- 19 - 24 LC 47 2905
505	505		tempore shall preside at meetings of the city council and shall assume the duties and powers
506	506		441
507	507		of the mayor upon the mayor's physical or mental disability, provided that the mayor pro442
508	508		tempore shall vote as a member of the council at all times when serving as herein provided.443
509	509		Section 2.30.444
510	510		City manager; appointment; qualifications; compensation.445
511	511		The mayor and city council shall appoint a city manager for an indefinite term and shall fix446
512	512		the city manager's compensation; provided, however, no city manager shall be appointed by447
513	513		less than the affirmative vote of four councilmembers or by the mayor and three448
514	514		councilmembers. The city manager shall be appointed solely on the basis of executive and449
515	515		administrative qualifications.450
516	516		Section 2.31.451
517	517		Removal of city manager.452
518	518		The city manager is employed at will and may be summarily removed from office at any time453
519	519		by the mayor and city council; provided, however, the city manager may only be removed454
520	520		by a majority vote of four councilmembers or by the mayor and three councilmembers.455
521	521		Section 2.32.456
522	522		Acting city manager.457
523	523		By letter filed with the city clerk, the city manager may designate, subject to approval of the458
524	524		mayor and city council, a qualified city administrative officer to exercise the powers and459
525	525		perform the duties of manager during the city manger's temporary absence or physical or460
526	526		mental disability. During such absence or disability, the mayor and city council may revoke461
527	527		H. B. 1401
528		-	- 20 - 24 LC 47 2905~~/AP~~
	528	+	- 20 - 24 LC 47 2905
529	529		such designation at any time and appoint another officer of the city to serve until the city
530	530		462
531	531		manager shall return or until the city manager's disability shall cease.463
532	532		Section 2.33.464
533	533		Powers and duties of city manager.465
534	534		The city manager shall be the chief executive and administrative officer of the city. The city466
535	535		manager shall be responsible to the mayor and city council for the administration of all city467
536	536		affairs placed in the city manager's charge by or under this charter. As the chief executive468
537	537		and administrative officer, the city manager shall:469
538	538		(1) Recommend for the approval of the city council the hiring of all employees holding the470
539	539		position of department head for the various departments so designated by the city council;471
540	540		(2) Appoint, suspend, or remove all city employees and administrative officers, other than472
541	541		department heads, except as otherwise provided by this charter. The city manager may473
542	542		authorize any administrative officer who is subject to the city manager's direction and474
543	543		supervision to exercise these powers with respect to subordinates in that officer's475
544	544		department, office, or agency;476
545	545		(3) Suspend or otherwise discipline all employees holding the position of department head;477
546	546		provided, however, any disciplinary action of a department head may be appealed to the478
547	547		mayor and city council. The city manager's action may be vacated, upheld, or otherwise479
548	548		amended by a majority vote of four members of the city council or by the mayor and three480
549	549		members of the city council;481
550	550		(4) Direct and supervise the administration of all departments, offices, and agencies of the482
551	551		city, except as otherwise provided by this charter or by law;483
552	552		(5) Attend all city council meetings, except for closed meetings held for the purposes of484
553	553		deliberating on the appointment, discipline, or removal of the city manager or held for the485
554	554		H. B. 1401
555		-	- 21 - 24 LC 47 2905~~/AP~~
	555	+	- 21 - 24 LC 47 2905
556	556		purpose of receiving legal advice regarding the city manager, and have the right to take part
557	557		486
558	558		in discussion, but the city manager may not vote;487
559	559		(6) See that all laws, provisions of this charter, and acts of the city council, subject to488
560	560		enforcement by the city manager or by officers subject to the city manager's direction and489
561	561		supervision, are faithfully executed;490
562	562		(7) Prepare and submit to the city council a recommended operating budget and491
563	563		recommended capital budget;492
564	564		(8) Submit to the city council and make available to the public, at least annually, a493
565	565		statement covering the financial condition of the city and a report on the administrative494
566	566		activities of the city as of the end of each fiscal year;495
567	567		(9) Make such other reports as the city council may require concerning the operations of496
568	568		the city departments, offices, and agencies subject to the city manager's direction and497
569	569		supervision;498
570	570		(10) Keep the city council advised as to the financial condition and future needs of the499
571	571		city, and make such recommendations to the city council concerning the affairs of the city500
572	572		as the city manager deems desirable; and 501
573	573		(11) Perform other such duties as are specified in this charter or as may be required by the502
574	574		city council.503
575	575		Section 2.34.504
576	576		Council's interference with administration.505
577	577		Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the506
578	578		city council or its members shall deal with city officers and employees who are subject to the507
579	579		direction and supervision of the city manager solely through the city manager, and neither508
580	580		the city council nor its members shall give orders to any such officer or employee, either509
581	581		publicly or privately.510
582	582		H. B. 1401
583		-	- 22 - 24 LC 47 2905~~/AP~~
	583	+	- 22 - 24 LC 47 2905
584	584		ARTICLE III
585	585		511
586	586		ADMINISTRATIVE AFFAIRS512
587	587		Section 3.10.513
588	588		Administrative and service departments.514
589	589		(a) Except as otherwise provided in this charter, the city council, by ordinance, shall515
590	590		prescribe the functions of duties, and establish, abolish, alter, consolidate, or leave vacant all516
591	591		nonelective offices, positions of employment, departments, and agencies of the city, as517
592	592		necessary for the proper administration of the affairs and government of this city.518
593	593		(b) Except as otherwise provided by this charter or by law, the directors of city departments519
594	594		and other appointed officers of the city shall be appointed solely on the basis of their520
595	595		respective administrative and professional qualifications.521
596	596		(c) All appointive officers and directors of departments shall receive such compensation as522
597	597		prescribed by ordinance.523
598	598		(d) All appointive officers, directors, and department heads under the supervision of the city524
599	599		manager shall be nominated by the city manager with confirmation of appointment by the525
600	600		city council. All appointive officers, directors, and department heads shall be employees at526
601	601		will and subject to removal or suspension at any time by the city manager unless otherwise527
602	602		provided by law or ordinance.528
603	603		Section 3.11.529
604	604		Boards, commissions, and authorities.530
605	605		(a) The city council shall create by ordinance such boards, commissions, and authorities to531
606	606		fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems532
607	607		H. B. 1401
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	608	+	- 23 - 24 LC 47 2905
609	609		necessary and shall be ordinance establish the composition, period of existence, duties, and
610	610		533
611	611		powers thereof.534
612	612		(b) All members of boards, commissions, and authorities of the city shall be appointed by535
613	613		the city council for such terms of office and in such manner as shall be provided by536
614	614		ordinance, except where other appointing authority, terms of office, or manner of537
615	615		appointment is prescribed by this charter or by law.538
616	616		(c) The city council, by ordinance, may provide for the compensation and reimbursement539
617	617		for actual and necessary expenses of the members of any board, commission, or authority.540
618	618		(d) Except as otherwise provided by this charter or by law, no member of any board,541
619	619		commission, or authority shall hold any elective office in the city.542
620	620		(e) Any vacancy on a board, commission, or authority of the city shall be filled for the543
621	621		unexpired term in the manner prescribed herein for original appointment, except as otherwise544
622	622		provided by this charter or by law.545
623	623		(f) No member of a board, commission, or authority shall assume office until that person has546
624	624		executed and filed with the city clerk an oath obligating himself or herself to faithfully and547
625	625		impartially perform the duties of that member's office, such oath to be prescribed by548
626	626		ordinance and administered by the mayor.549
627	627		(g) All board members serve at will and may be removed at any time by a vote of three550
628	628		members of the city council unless otherwise provided by law.551
629	629		(h) Except as otherwise provided by this charter or by law, each board, commission, or552
630	630		authority of the city shall elect one of its members as chair and one member as vice-chair and553
631	631		may elect as its secretary one of its own members or may appoint as secretary an employee554
632	632		of the city. Each board, commission, or authority of the city government may establish such555
633	633		bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or556
634	634		law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of557
635	635		its affairs. Copies of such bylaws, rules, and regulations shall be filed with the city clerk.558
636	636		H. B. 1401
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	637	+	- 24 - 24 LC 47 2905
638	638		Section 3.12.
639	639		559
640	640		City attorney.560
641	641		The city council shall appoint a city attorney, together with such assistant city attorneys as561
642	642		may be authorized, and shall provide for the payment of such attorney or attorneys for562
643	643		services rendered to the city. The city attorney shall be responsible for providing for the563
644	644		representation and defense of the city in all litigation in which the city is a party; may be the 564
645	645		prosecuting officer in the municipal court; shall attend the meetings of the council as565
646	646		directed; shall advise the city council, mayor, and other officers and employees of the city566
647	647		concerning legal aspects of the city's affairs; and shall perform such other duties as may be567
648	648		required by virtue of the person's position as city attorney.568
649	649		Section 3.13.569
650	650		City clerk.570
651	651		The city council shall appoint a city clerk who shall not be a councilmember. The city clerk571
652	652		shall be custodian of the official city seal and city records; maintain city council records572
653	653		required by this charter; and perform such other duties as may be required by the city573
654	654		council.574
655	655		Section 3.14.575
656	656		Personnel policies.576
657	657		All employees serve at will and may be removed from office at any time unless otherwise577
658	658		provided by ordinance.578
659	659		H. B. 1401
660		-	- 25 - 24 LC 47 2905~~/AP~~
	660	+	- 25 - 24 LC 47 2905
661	661		ARTICLE IV
662	662		579
663	663		JUDICIAL BRANCH580
664	664		Section 4.10.581
665	665		Municipal court creation.582
666	666		There shall be a court to be known as the Municipal Court of the City of Blakely.583
667	667		Section 4.11.584
668	668		Chief judge; associate judge.585
669	669		(a) The municipal court shall be presided over by a chief judge and such part-time, full-time,586
670	670		or stand-by judges as shall be provided by ordinance.587
671	671		(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless588
672	672		that person shall have attained the age of 21 years and shall possess all qualifications589
673	673		required by law. All judges shall be appointed by the city council and shall serve until a590
674	674		successor is appointed and qualified.591
675	675		(c) Compensation of the judges shall be fixed by ordinance.592
676	676		(d) Judges shall serve a term and may be removed as provided by general law.593
677	677		(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge594
678	678		will honestly and faithfully discharge the duties of the office to the best of that person's595
679	679		ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of596
680	680		the city council journal required in Section 2.20.597
681	681		H. B. 1401
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	682	+	- 26 - 24 LC 47 2905
683	683		Section 4.12.
684	684		598
685	685		Convening.599
686	686		The municipal court shall be convened at such times as designated by ordinance or at such600
687	687		times as deemed necessary to keep current the dockets thereof.601
688	688		Section 4.13.602
689	689		Jurisdiction; powers.603
690	690		(a) The municipal court shall try and punish violations of this charter, all city ordinance, and604
691	691		such other violations as provided by law.605
692	692		(b) The municipal court shall have authority to punish those in its presence for contempt,606
693	693		provided that such punishment shall not exceed $500.00 or ten days in jail.607
694	694		(c) The municipal court may fix punishment for offenses within its jurisdiction not608
695	695		exceeding a fine of $1,000.00 or imprisonment for 180 days, or other such fine and609
696	696		imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as610
697	697		now or hereafter provided by law.611
698	698		(d) The municipal court shall have authority to establish a schedule of fees to defray the cost612
699	699		of operation and shall be entitled to reimbursement of the cost of meals, transportation, and613
700	700		caretaking of prisoners bound over to superior courts for violations of state law.614
701	701		(e) The municipal court shall have authority to establish bail and recognizance to ensure the615
702	702		presence of those charged with violations before said court, and shall have discretionary616
703	703		authority to accept cash or personal or real property as surety for the appearance of persons617
704	704		charged with violations. Whenever any person shall give bail for that person's appearance618
705	705		and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge619
706	706		presiding at such time, and an execution issued thereon by serving the defendant and the620
707	707		defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the621
708	708		H. B. 1401
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	709	+	- 27 - 24 LC 47 2905
710	710		event that cash or property is accepted in lieu of bond for security for the appearance of a
711	711		622
712	712		defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,623
713	713		the cash so deposited shall be on order of the judge declared forfeited to the city, or the624
714	714		property so deposited shall have a lien against it for the value forfeited which lien shall be625
715	715		enforceable in the same manner and to the same extent as a lien for city property taxes.626
716	716		(f) The municipal court shall have the same authority as superior courts to compel the627
717	717		production of evidence in the possession of any party; to enforce obedience to its orders,628
718	718		judgments, and sentences; and to administer such oaths as are necessary.629
719	719		(g) The municipal court may compel the presence of all parties necessary to a proper630
720	720		disposal of each case by the issuance of summonses, subpoenas, and warrants which may be631
721	721		served as executed by any officer as authorized by this charter or by law.632
722	722		(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of633
723	723		persons charged with offenses against any ordinance of the city, and each judge of the634
724	724		municipal court shall have the same authority as a magistrate of the state to issue warrants635
725	725		for offenses against state laws committed within the city.636
726	726		Section 4.14.637
727	727		Appeal.638
728	728		Any person aggrieved by a decision of the municipal court shall have the right to appeal as639
729	729		provided by law to the Superior Court of Early County.640
730	730		Section 4.15.641
731	731		Rules for court.642
732	732		With the approval of the city council, the judge of the municipal court shall have full power643
733	733		and authority to make reasonable rules and regulations necessary and proper to secure the644
734	734		H. B. 1401
735		-	- 28 - 24 LC 47 2905~~/AP~~
	735	+	- 28 - 24 LC 47 2905
736	736		efficient and successful administration of the municipal court; provided, however, that the
737	737		645
738	738		city council may adopt in part or in toto the rules and regulations applicable to municipal646
739	739		courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be647
740	740		available for public inspection, and, upon request, a copy shall be furnished to all defendants648
741	741		in municipal court proceedings at least 48 hours prior to said proceedings.649
742	742		Section 4.16.650
743	743		Indigent defense and prosecutor.651
744	744		The mayor and council shall have the power to provide for a system of defense for indigent652
745	745		persons charged in the municipal court of the City of Blakely with violations of ordinances653
746	746		or state laws, and for the prosecution of such cases by a prosecutor, and to provide for and654
747	747		require the expense of same to be prorated over all criminal cases disposed of by the court,655
748	748		and all bond forfeitures in said cases, to be imposed by the municipal court judge and656
749	749		collected in all criminal cases and in bond forfeitures in such cases as costs in addition to657
750	750		fines, penalties, and all other costs.658
751	751		Section 4.17.659
752	752		Technology fee.660
753	753		The clerk of the municipal court shall be entitled to charge and collect a technology fee as661
754	754		a surcharge to each criminal and quasi-criminal fine paid. The technology fee shall be set662
755	755		by resolution of the mayor and city council from time to time. Such fee shall be used663
756	756		exclusively to provide for the technological needs of the court. All funds collected pursuant664
757	757		to this provision shall be maintained in a segregated account by the clerk of the court,665
758	758		separate from other funds of the city, and shall be expended only for authorized purposes666
759	759		H. B. 1401
760		-	- 29 - 24 LC 47 2905~~/AP~~
	760	+	- 29 - 24 LC 47 2905
761	761		upon order of the judge of the municipal court upon consultation with the clerk and the chief
762	762		667
763	763		of police.668
764	764		ARTICLE V669
765	765		ELECTIONS AND REMOVAL670
766	766		Section 5.10.671
767	767		Applicability of general law.672
768	768		All primaries and elections shall be held and conducted in accordance with Chapter 2 of673
769	769		Title 21 of the O.C.G.A., the "Georgia Election Code," as amended.674
770	770		Section 5.11.675
771	771		Regular elections; time for holding.676
772	772		(a) On the Tuesday next following the first Monday in November, 2025, successors to the677
773	773		District 1 Post 1 and District 2 Post 1 councilmembers whose terms expire on678
774	774		December 31, 2025, shall be elected for a term of office expiring on December 31, 2029, and679
775	775		until their respective successors are elected and qualified.680
776	776		(b) On the Tuesday next following the first Monday in November, 2027, successors to the681
777	777		mayor, District 1 Post 2 and District 2 Post 2 councilmembers whose terms expire on682
778	778		December 31, 2027, shall be elected for a term of office expiring on December 31, 2031, and683
779	779		until their respective successors are elected and qualified.684
780	780		(c) Thereafter, the general municipal election for the election of the mayor and685
781	781		councilmembers shall be conducted on the Tuesday next following the first Monday in686
782	782		November in each odd-numbered year. Successors shall be elected to those offices the terms687
783	783		of which will expire on December 31 of such year. All persons elected to such office shall688
784	784		H. B. 1401
785		-	- 30 - 24 LC 47 2905~~/AP~~
	785	+	- 30 - 24 LC 47 2905
786	786		take office on January 1 immediately following the date of the municipal general election and
787	787		689
788	788		shall have terms of office of four years and until their respective successors are elected and690
789	789		qualified.691
790	790		Section 5.12.692
791	791		Nonpartisan elections.693
792	792		Political parties shall not conduct primaries for city offices, and names of all candidates for694
793	793		city offices shall be listed without party designations.695
794	794		Section 5.13.696
795	795		Election by majority.697
796	796		The person receiving a majority of the votes cast in the city election for the office of mayor698
797	797		shall be elected. The person receiving a majority of the votes cast in the city election for699
798	798		each of the city council positions shall be elected to the respective post.700
799	799		Section 5.14.701
800	800		Special elections; vacancies.702
801	801		In the event that the office of mayor or councilmember shall become vacant as provided in703
802	802		Section 2.12 of this charter, the city council or those remaining shall appoint a successor for704
803	803		the remainder of the term.705
804	804		H. B. 1401
805		-	- 31 - 24 LC 47 2905~~/AP~~
	805	+	- 31 - 24 LC 47 2905
806	806		Section 5.15.
807	807		706
808	808		Other provisions.707
809	809		Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe708
810	810		such rules and regulations it deems appropriate to fulfill any options and duties required by709
811	811		Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter710
812	812		amended.711
813	813		Section 5.16.712
814	814		Removal of officers.713
815	815		(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall714
816	816		be removed from office for any one or more of the causes provided in Title 45 of the715
817	817		O.C.G.A., or such other applicable laws as are or may hereafter be enacted.716
818	818		(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished717
819	819		by one of the following methods:718
820	820		(1) Following a hearing at which an impartial panel shall render a decision. In the event719
821	821		an elected officer is sought to be removed by the action of the city council, such officer720
822	822		shall be entitled to a written notice specifying the ground or grounds for removal and to a721
823	823		public hearing which shall be held not less than ten days after the service of such written722
824	824		notice. The city council shall provide by ordinance for the manner in which such hearings723
825	825		shall be held. Any elected officer sought to be removed from office as herein provided724
826	826		shall have the right of appeal from the decision of the city council to the Superior Court of725
827	827		Early County. Such appeal shall be governed by the same rules as govern appeals to the726
828	828		superior court from the probate court.727
829	829		(2) By an order of the Superior Court of Early County following a hearing on a complaint728
830	830		seeking such removal brought by any resident of the City of Blakely.729
831	831		H. B. 1401
832		-	- 32 - 24 LC 47 2905~~/AP~~
	832	+	- 32 - 24 LC 47 2905
833	833		ARTICLE VI
834	834		730
835	835		FINANCE731
836	836		Section 6.10.732
837	837		Property tax.733
838	838		The city council may assess, levy, and collect an ad valorem tax on all real and personal734
839	839		property within the corporate limits of the city that is subject to such taxation by the state and735
840	840		county. This tax is for the purpose of raising revenues to defray the costs of operating the736
841	841		city government, of providing governmental services, for the repayment of principal and737
842	842		interest on general obligations, and for any other public purpose as determined by the city738
843	843		council in its discretion.739
844	844		Section 6.11.740
845	845		Millage rate; due dates; payment methods.741
846	846		The city council, by ordinance, shall establish a millage rate for the city property tax, a due742
847	847		date, and the time period within which these taxes must be paid. The city council, by743
848	848		ordinance, may provide for the payment of these taxes by installments or in one lump sum,744
849	849		as well as authorize the voluntary payment of taxes prior to the time when due.745
850	850		Section 6.12.746
851	851		Occupation and business taxes.747
852	852		The city council, by ordinance, shall have the power to levy such occupation or business748
853	853		taxes as are not denied by law. The city council may classify businesses, occupations, or749
854	854		H. B. 1401
855		-	- 33 - 24 LC 47 2905~~/AP~~
	855	+	- 33 - 24 LC 47 2905
856	856		professions for the purpose of such taxation in any way which may be lawful and may
857	857		750
858	858		compel the payment of such taxes as provided in Section 6.18.751
859	859		Section 6.13.752
860	860		Regulatory fees; permits.753
861	861		The city council, by ordinance, shall have the power to require businesses or practitioners754
862	862		doing business within this city to obtain a permit for such activity from the city and pay a755
863	863		reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect756
864	864		the total cost to the city for regulating the activity and, if unpaid, shall be collected as757
865	865		provided in Section 6.18.758
866	866		Section 6.14.759
867	867		Franchises.760
868	868		(a) The city council shall have the power to grant franchises for the use of this city's streets761
869	869		and alleys for the purposes of railroads, street railways, telephone companies, electric762
870	870		companies, electric membership corporations, cable television, and other telecommunications763
871	871		companies, gas companies, transportation companies, and other similar organizations. The764
872	872		city council shall determine the duration, terms, whether the same shall be exclusive or765
873	873		nonexclusive, and the consideration for such franchises; provided, however, no franchise766
874	874		shall be granted for a period in excess of 35 years, and no franchise shall be granted unless767
875	875		the city receives just and adequate compensation therefor. The city council shall provide for768
876	876		the registration of all franchises with the city clerk in a registration book kept by said clerk. 769
877	877		The city council may provide by ordinance for the registration within a reasonable time of770
878	878		all franchises previously granted.771
879	879		H. B. 1401
880		-	- 34 - 24 LC 47 2905~~/AP~~
	880	+	- 34 - 24 LC 47 2905
881	881		(b) If no franchise agreement is in effect, the city council has the authority to impose a tax
882	882		772
883	883		on gross receipts for the use of this city's streets and alleys for the purposes of railroads,773
884	884		street railways, telephone companies, electric companies, electric membership corporations,774
885	885		cable television, and other telecommunications companies, gas companies, transportation775
886	886		companies, and other similar organizations.776
887	887		Section 6.15.777
888	888		Service charges.778
889	889		The city council, by ordinance, shall have the power to assess and collect fees, charges, and779
890	890		tolls for sewers, sanitary and health services, or any other services provided or made780
891	891		available within and without the corporate limits of the city for the total cost to the city of781
892	892		providing or making available such services. If unpaid, such charges shall be collected as782
893	893		provided in Section 6.18.783
894	894		Section 6.16.784
895	895		Special assessments.785
896	896		The city council, by ordinance, shall have the power to assess and collect the cost of786
897	897		constructing, reconstructing, widening, or improving any public way, street, sidewalk,787
898	898		curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property788
899	899		owners under such terms and conditions as are reasonable. If unpaid, such charges shall be789
900	900		collected as provided in Section 6.18.790
901	901		H. B. 1401
902		-	- 35 - 24 LC 47 2905~~/AP~~
	902	+	- 35 - 24 LC 47 2905
903	903		Section 6.17.
904	904		791
905	905		Construction; other taxes and fees.792
906	906		The city shall be empowered to levy any other tax or fee allowed now or hereafter by law,793
907	907		and the specific mention of any right, power, or authority in this article shall not be construed794
908	908		as limiting in any way the general powers of this city to govern its local affairs.795
909	909		Section 6.18.796
910	910		Collection of delinquent taxes and fees.797
911	911		The city council, by ordinance, may provide generally for the collection of delinquent taxes,798
912	912		fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable799
913	913		means as are not precluded by law. This shall include providing for the dates when the taxes800
914	914		or fees are due; later penalties or interest; issuance and execution of fi.fa.'s; creation and801
915	915		priority of liens; making delinquent taxes and fees the personal debts of the persons required802
916	916		to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or803
917	917		fees; and providing for the assignment or transfer or tax executions.804
918	918		Section 6.19.805
919	919		General obligation bonds.806
920	920		The city council shall have the power to issue bonds for the purpose of raising revenue to807
921	921		carry out any project, program, or venture authorized under this charter or the laws of the808
922	922		state. Such bonding authority shall be exercised in accordance with the laws governing bond809
923	923		issuance by municipalities in effect at the time said issue is undertaken.810
924	924		H. B. 1401
925		-	- 36 - 24 LC 47 2905~~/AP~~
	925	+	- 36 - 24 LC 47 2905
926	926		Section 6.20.
927	927		811
928	928		Revenue bonds.812
929	929		Revenue bonds may be issued by the city council as state law now or hereafter provides. 813
930	930		Such bonds are to be paid out of any revenue produced by the project, program, or venture814
931	931		for which they were issued.815
932	932		Section 6.21.816
933	933		Short-term loans.817
934	934		The city may obtain short-term loans and must repay such loans not later than December 31818
935	935		of each year, unless otherwise provided by law.819
936	936		Section 6.22.820
937	937		Lease-purchase contracts.821
938	938		The city may enter into multi-year lease, purchase or lease-purchase contracts for the822
939	939		acquisition of goods, materials, real and personal property, services, and supplies provided823
940	940		the contract terminates without further obligation on the part of the municipality at the close824
941	941		of the calendar year in which it was executed and at the close of each succeeding calendar825
942	942		year for which it may be renewed. Contracts must be executed in accordance with the826
943	943		requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are827
944	944		or may hereafter be enacted.828
945	945		H. B. 1401
946		-	- 37 - 24 LC 47 2905~~/AP~~
	946	+	- 37 - 24 LC 47 2905
947	947		Section 6.23.
948	948		829
949	949		Fiscal year.830
950	950		The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the831
951	951		budget year and the year for financial accounting and the reporting of each and every office,832
952	952		department, agency, and activity of the city government.833
953	953		Section 6.24.834
954	954		Preparation of budgets.835
955	955		The city council shall provide an ordinance on the procedures and requirements for the836
956	956		preparation and execution of an annual operating budget, a capital improvement plan, and837
957	957		a capital budget, including requirements as to the scope, content, and form of such budgets838
958	958		and plans.839
959	959		Section 6.25.840
960	960		Submission of operating budget to city council.841
961	961		On or before a date fixed by the city council, but not later than 60 days prior to the beginning842
962	962		of each fiscal year, the city manager shall submit to the city council a proposed operating843
963	963		budget for the ensuing fiscal year. The budget shall be accompanied by a message from the844
964	964		city manager containing a statement of the general fiscal policies of the city, the important845
965	965		features of the budget, explanations of major changes recommended for the next fiscal year,846
966	966		a general summary of the budget, and such other pertinent comments and information. The847
967	967		operating budget and the capital budget hereinafter provided for, the budget message, and848
968	968		all supporting documents shall be filed in the office of the city clerk and shall be open to849
969	969		public inspection.850
970	970		H. B. 1401
971		-	- 38 - 24 LC 47 2905~~/AP~~
	971	+	- 38 - 24 LC 47 2905
972	972		Section 6.26.
973	973		851
974	974		Action by city council on budget.852
975	975		(a) The city council may amend the operating budget proposed by the city manager, except853
976	976		that the budget as finally amended and adopted must provide for all expenditures required854
977	977		by state law or by other provisions of this charter and for all debt service requirements for855
978	978		the ensuing fiscal year, and the total appropriations from any fund shall not exceed the856
979	979		estimated fund balance, reserves, and revenues.857
980	980		(b) The city council, by ordinance, shall adopt the final operating budget for the ensuing858
981	981		fiscal year not later than July 1 of each year. If the city council fails to adopt the budget by859
982	982		this date, the amounts appropriated for operation for the current fiscal year shall be deemed860
983	983		adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated861
984	984		accordingly until such time as the city council adopts a budget for the ensuing fiscal year. 862
985	985		Adoption of the budget shall take the form of an appropriations ordinance setting out the863
986	986		estimated revenues in detail by sources and making appropriations according to fund and by864
987	987		organizational unit, purpose, or activity as set out in the budget preparation ordinance865
988	988		adopted pursuant to Section 6.24.866
989	989		(c) The amount set out in the adopted operating budget for each organizational unit shall867
990	990		constitute the annual appropriation for such, and no expenditure shall be made or868
991	991		encumbrance created in excess of the otherwise unencumbered balance of the appropriations869
992	992		or allotment thereof, to which it is chargeable.870
993	993		Section 6.27.871
994	994		Tax levies.872
995	995		The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates873
996	996		set by such ordinance shall be such that reasonable estimates of revenues from such levy874
997	997		H. B. 1401
998		-	- 39 - 24 LC 47 2905~~/AP~~
	998	+	- 39 - 24 LC 47 2905
999	999		shall at least be sufficient, together with other anticipated revenues, fund balances, and
1000	1000		875
1001	1001		applicable reserves, to equal the total amount appropriated for each of the several funds set876
1002	1002		forth in the annual operating budget for defraying the expenses of the general government877
1003	1003		of this city.878
1004	1004		Section 6.28.879
1005	1005		Changes in appropriations.880
1006	1006		The city council, by ordinance, may make changes in the appropriations contained in the881
1007	1007		current operating budget, at any regular meeting, special or emergency meeting called for882
1008	1008		such purpose, but any additional appropriations may be made only from an existing883
1009	1009		unexpended surplus.884
1010	1010		Section 6.29.885
1011	1011		Independent audit.886
1012	1012		There shall be an annual independent audit of all city accounts, funds, and financial887
1013	1013		transactions by a certified public accountant selected by the city council. The audit shall be888
1014	1014		conducted according to generally accepted auditing principles. Any audit of any funds by889
1015	1015		the state or federal governments may be accepted as satisfying the requirements of this890
1016	1016		charter. Copies of annual audit reports shall be available at printing costs to the public.891
1017	1017		Section 6.30.892
1018	1018		Contracting procedures.893
1019	1019		No contract with the city shall be binding on the city unless:894
1020	1020		(1) It is in writing; 895
1021	1021		H. B. 1401
1022		-	- 40 - 24 LC 47 2905~~/AP~~
	1022	+	- 40 - 24 LC 47 2905
1023	1023		(2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of
1024	1024		896
1025	1025		course, is signed by the city attorney to indicate such drafting or review; and897
1026	1026		(3) It is made or authorized by the city council, and such approval is entered in the city898
1027	1027		council journal of proceedings pursuant to Section 2.20.899
1028	1028		Section 6.31.900
1029	1029		Centralized purchasing.901
1030	1030		The city council, by ordinance, shall prescribe procedures for a system of centralized902
1031	1031		purchasing for the city.903
1032	1032		Section 6.32.904
1033	1033		Sale and lease of city property.905
1034	1034		(a) The city council may sell and convey or lease any real or personal property owned or906
1035	1035		held by the city for governmental or other purposes as now or hereafter provided by law.907
1036	1036		(b) The city council may quitclaim any rights it may have in property not needed for public908
1037	1037		purposes upon report by the mayor and adoption of a resolution, both finding that the909
1038	1038		property is not needed for public or other purposes and that the interest of the city has no910
1039	1039		readily ascertainable monetary value.911
1040	1040		(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place912
1041	1041		of the city a small parcel or tract of land is cut off or separated by such work from a larger913
1042	1042		tract or boundary of land owned by the city, the city council may authorize the mayor to sell914
1043	1043		and convey said cut off or separated parcel or tract of land to an abutting or adjoining915
1044	1044		property owner or owners where such sale and conveyance facilitates the enjoyment of the916
1045	1045		highest and best use of the abutting owner's property. Included in the sales contract shall be917
1046	1046		a provision for the rights of way of said street, avenue, alley, or public place. Each abutting918
1047	1047		H. B. 1401
1048		-	- 41 - 24 LC 47 2905~~/AP~~
	1048	+	- 41 - 24 LC 47 2905
1049	1049		property owner shall be notified of the availability of the property and given the opportunity
1050	1050		919
1051	1051		to purchase said property under such terms and conditions as set out by ordinance. All deeds920
1052	1052		and conveyances heretofore and hereafter so executed and delivered shall convey all title and921
1053	1053		interest the city has in such property, notwithstanding the fact that no public sale after922
1054	1054		advertisement was or is hereafter made.923
1055	1055		ARTICLE VII924
1056	1056		GENERAL PROVISIONS925
1057	1057		Section 7.10.926
1058	1058		Bonds for officials.927
1059	1059		The officers and employees of this city, both elective and appointive, shall execute such928
1060	1060		surety or fidelity bonds in such amounts and upon such terms and conditions as the city929
1061	1061		council shall from time to time require by ordinance or as may be provided by law.930
1062	1062		Section 7.11.931
1063	1063		Prior ordinances.932
1064	1064		All ordinances, resolutions, rules, and regulations now in force in the city and not933
1065	1065		inconsistent with this charter are hereby declared valid and of full effect and force until934
1066	1066		amended or repealed by the city council.935
1067	1067		H. B. 1401
1068		-	- 42 - 24 LC 47 2905~~/AP~~
	1068	+	- 42 - 24 LC 47 2905
1069	1069		Section 7.12.
1070	1070		936
1071	1071		Existing personnel and officers.937
1072	1072		Except as specifically provided otherwise by this charter, all personnel and officers of the938
1073	1073		city and their rights, privileges, and powers shall continue beyond the time this charter takes939
1074	1074		effect for a period of 180 days before or during which the existing city council shall pass a940
1075	1075		transition ordinance detailing the changes in personnel and appointive officers required or941
1076	1076		desired and arranging such titles, rights, privileges, and powers as may be required or desired942
1077	1077		to allow a reasonable transition.943
1078	1078		Section 7.13.944
1079	1079		Pending matters.945
1080	1080		Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,946
1081	1081		contracts, and legal or administrative proceedings shall continue, and any such ongoing work947
1082	1082		or cases shall be completed by such city agencies, personnel, or offices as may be provided948
1083	1083		by the city council.949
1084	1084		Section 7.14.950
1085	1085		Construction.951
1086	1086		(a) Section captions in this charter are informative only and are not to be considered as a part952
1087	1087		thereof.953
1088	1088		(b) The word "shall" is mandatory and the word "may" is permissive.954
1089	1089		(c) The singular shall include the plural, the masculine shall include the feminine, and vice955
1090	1090		versa.956
1091	1091		H. B. 1401
1092		-	- 43 - 24 LC 47 2905~~/AP~~
	1092	+	- 43 - 24 LC 47 2905
1093	1093		Section 7.15.
1094	1094		957
1095	1095		Severability.958
1096	1096		If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be959
1097	1097		held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect960
1098	1098		nor impair other parts of this charter unless it clearly appears that such other parts are wholly961
1099	1099		and necessarily dependent upon the part held to be invalid or unconstitutional, it being the962
1100	1100		legislative intent in enacting this charter that each article, section, subsection, paragraph,963
1101	1101		sentence, or part thereof be enacted separately and independent of each other.964
1102	1102		Section 7.16.965
1103	1103		Specific repealer.966
1104	1104		An Act providing for a new charter for the City of Blakely, approved May 3, 2016 (Ga.967
1105	1105		L. 2016, p. 3970), is hereby repealed in its entirety; and all amendatory acts thereto are968
1106	1106		likewise repealed in their entirety.969
1107	1107		Section 7.17.970
1108	1108		General repealer.971
1109	1109		All other laws and parts of laws in conflict with this charter are hereby repealed.972
1110	1110		H. B. 1401
1111	1111		- 44 -