Georgia 2023-2024 Regular Session

Georgia House Bill HB695 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 LC 47 2247~~/AP~~
	1	+	23 LC 47 2247
2	2		H. B. 695
3	3		- 1 -
4		-	House Bill 695 ~~(AS PASSED HOUSE AND SENATE)~~
	4	+	House Bill 695
5	5		By: Representative Camp of the 135
6	6		th
7	7
8	8		A BILL TO BE ENTITLED
9	9		AN ACT
10	10		To provide a new charter for the City of Thomaston; to provide for reincorporation,
11	11		1
12	12		boundaries, and powers of the city; to provide for the exercise of powers and limitations on2
13	13		powers; to provide for vesting of property and assumption of prior debts; to provide for a3
14	14		governing authority of such city and the powers, duties, authority, prohibitions, election,4
15	15		election districts, terms, removal from office, method of filling vacancies, compensation,5
16	16		expenses, and qualifications; to provide for inquiries and investigations; to provide for power6
17	17		and duties of the mayor; to provide for conflict of interest and holding other offices; to7
18	18		provide for organization and meeting procedures; to provide for quorums and voting; to8
19	19		provide for emergencies; provide for ordinances; to provide for codes; to provide for the9
20	20		office of city manager, certain duties and powers relative, and removal from office; to10
21	21		provide for acting city manager; to provide for administrative responsibilities; to prohibit11
22	22		certain interferences with administration; to provide for boards, commissions, and12
23	23		authorities; to provide for a city attorney, city clerk, deputy city clerk, city auditor, and tax13
24	24		collector; to provide employee classification and pay plans; to provide for personnel policies14
25	25		to provide for the establishment of a municipal court and the judge or judges thereof; to15
26	26		provide for practices and procedures; to provide for municipal elections; to provide for16
27	27		taxation, permits, and fees; to provide for franchises, service charges, and assessments; to17
28		-	provide for bonded and other indebtedness; to provide for accounting and budgeting; to18 23 LC 47 2247~~/AP~~
	28	+	provide for bonded and other indebtedness; to provide for accounting and budgeting; to18 23 LC 47 2247
29	29		H. B. 695
30	30		- 2 -
31	31		provide for capital improvements; to provide for contracting and purchasing; to provide for
32	32		19
33	33		sale of city property; to provide for bonds for officials; to provide for pending matters, prior20
34	34		ordinances, and existing personnel; to provide for definitions and construction; to provide21
35	35		for severability; to address certain local constitutional amendments; to provide for related22
36	36		matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.23
37	37		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24
38	38		ARTICLE I.25
39	39		CREATION, REINCORPORATION, AND POWERS26
40	40		SECTION 1.1.27
41	41		Reincorporation.28
42	42		The City of Thomaston, in Upson County, and the inhabitants thereof, are reincorporated by29
43	43		the enactment of this charter and are hereby constituted and declared a body politic and30
44	44		corporate under the name and style of the City of Thomaston, Georgia, and by that name31
45	45		shall have perpetual succession.32
46	46		SECTION 1.2.33
47	47		Corporate boundaries.34
48	48		The corporate boundaries of this city shall be those existing on the effective date of the35
49	49		adoption of this charter with such alterations as may be made from time to time in the36
50	50		manner provided by law. The boundaries of this city shall at all times be shown on a map,37
51	51		a written description or any combination thereof, to be retained permanently as a public38
52		-	record in the office of the city manager at city hall, Thomaston, Georgia, and to be39 23 LC 47 2247~~/AP~~
	52	+	record in the office of the city manager at city hall, Thomaston, Georgia, and to be39 23 LC 47 2247
53	53		H. B. 695
54	54		- 3 -
55	55		designated as the "Official Map of the City of Thomaston, Georgia." The original of such
56	56		40
57	57		map is expressly, by reference, incorporated herein as an integral part of this charter, and it41
58	58		shall be signed by the mayor and be attested thereto by the city clerk or deputy city clerk.42
59	59		Photographic, typed, or other copies of such map or description certified by the city clerk or43
60	60		deputy city clerk shall be admitted as evidence in all courts and shall have the same force and44
61	61		effect as the original map or description. All future alterations of said map or description,45
62	62		as directed by the council to reflect lawful changes in the corporate boundaries, shall be46
63	63		signed by the mayor and city clerk or deputy city clerk. A redrawn map or description shall47
64	64		supercede, for all purposes, the entire map or maps and description or descriptions which it48
65	65		is designated to replace.49
66	66		SECTION 1.3.50
67	67		Powers and construction.51
68	68		(a) The City of Thomaston shall have all powers possible for a city to have under the present52
69	69		and future construction and laws of the State of Georgia as fully and completely as though53
70	70		they were specifically enumerated in this charter. This city shall have all the powers of54
71	71		self-government not otherwise prohibited by this charter or by general law.55
72	72		(b) The powers of the City of Thomaston shall be constructed liberally in favor of the city.56
73	73		The specific mention or failure to mention particular powers shall not be construed as57
74	74		limiting in any way the powers of the city.58
75	75		SECTION 1.4.59
76	76		Examples of powers.60
77	77		The corporate powers of the City of Thomaston, Georgia, may include but are not limited to61
78		-	the following:62 23 LC 47 2247~~/AP~~
	78	+	the following:62 23 LC 47 2247
79	79		H. B. 695
80	80		- 4 -
81	81		(1) Animal regulations. To regulate and license or to prohibit the keeping or running
82	82		63
83	83		at large of animals and fowl, and to provide for the impoundment of same if in64
84	84		violation of any ordinance or lawful order; to provide for the disposition or sale, gift,65
85	85		or humane destruction of animals and fowl when not redeemed as provided by66
86	86		ordinance; and to provide punishment for violation of ordinances enacted hereunder;67
87	87		(2) Appropriations and expenditures. To make appropriations for the support of the68
88	88		government of the city; to authorize the expenditure of money for any purposes69
89	89		authorized by this charter and for any purpose for which a municipality is authorized70
90	90		by the laws of the State of Georgia; and to provide for the payment of expenses of the71
91	91		city;72
92	92		(3) Building regulation. To regulate and to license the erection and construction of73
93	93		buildings and all other structures; to adopt building, housing, plumbing, fire safety,74
94	94		electrical, gas, and heating and air conditioning codes; and to regulate all housing and75
95	95		building trades;76
96	96		(4) Business regulation and taxation. To levy and to provide for the collection of77
97	97		license fees, permit fees, and taxes on privileges, occupations, trades, and professions78
98	98		as authorized by Title 48 of the O.C.G.A, or other such applicable laws as are or may79
99	99		hereafter be enacted; to license, permit, and regulate the same; to provide for the80
100	100		manner and method of payment of such licenses, permits, and taxes; and to revoke81
101	101		such licenses after due process for failure to pay any city taxes or fees or for82
102	102		violations of licensing regulations;83
103	103		(5) Condemnation. To condemn property, inside and outside the corporate84
104	104		boundaries of the city, for present or future use and for any corporate purpose deemed85
105	105		necessary by the governing authority, utilizing procedures enumerated in Title 22 of86
106	106		the O.C.G.A., or such other applicable laws as are or may hereafter be enacted;87
107	107		(6) Contracts. To enter into contracts and agreements with other governmental88
108		-	entities and with private persons, firms, and corporations;89 23 LC 47 2247~~/AP~~
	108	+	entities and with private persons, firms, and corporations;89 23 LC 47 2247
109	109		H. B. 695
110	110		- 5 -
111	111		(7) Electric fees. To levy a fee, charge, or tax as necessary to assure the acquiring,
112	112		90
113	113		constructing, equipping, operating, maintaining, and extending of an electric plant and91
114	114		the infrastructure thereof, and to levy on users an electric service fee, charge, or tax92
115	115		for the availability or use thereof; to provide for the manner and method of collecting93
116	116		such service charges and for enforcing payment of the same; and to charge, impose94
117	117		and collect an electric connection fee to those connected with the system;95
118	118		(8) Emergencies. To establish procedures for determining and proclaiming that an96
119	119		emergency situation exists within or without the city, and to make and carry out all97
120	120		reasonable provisions deemed necessary to deal with or meet such an emergency for98
121	121		the protection, safety, health, or well-being of the citizens of the city;99
122	122		(9) Environmental protection. To protect and preserve the natural resources,100
123	123		environment, and vital areas of the city, the region, and the state through the101
124	124		preservation and improvement of air quality, the restoration and maintenance of water102
125	125		resources, the control of erosion and sedimentation, the management of stormwater103
126	126		and establishment of a stormwater utility, the management of solid and hazardous104
127	127		waste, and other necessary actions for the protection of the environment;105
128	128		(10) Fire regulations. To fix and establish fire limits and from time to time to extend,106
129	129		enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with107
130	130		general law, relating to both fire prevention and detection and to firefighting; and to108
131	131		prescribe penalties and punishment for violations thereof;109
132	132		(11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash110
133	133		collection and disposal, and other sanitary service charge, tax, or fee for such services111
134	134		as may be necessary in the operation of the city from all individuals, firms, and112
135	135		corporations residing in or doing business therein and benefiting from such services;113
136	136		to enforce the payment of such charges, taxes, or fees; and to provide for the manner114
137		-	and method of collecting such service charges;115 23 LC 47 2247~~/AP~~
	137	+	and method of collecting such service charges;115 23 LC 47 2247
138	138		H. B. 695
139	139		- 6 -
140	140		(12) General health, safety, and welfare. To define, regulate, and prohibit any act,
141	141		116
142	142		practice, conduct, or use of property which is detrimental to health, sanitation,117
143	143		cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the118
144	144		enforcement of such standards and regulations;119
145	145		(13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source120
146	146		for any purpose related to powers and duties of the city and the general welfare of its121
147	147		citizens, on such terms and conditions as the donor or grantor may impose;122
148	148		(14) Health and sanitation. To prescribe standards of health and sanitation and to123
149	149		provide for the enforcement of such standards;124
150	150		(15) Jail sentences. To provide that persons given jail sentences in the city's court125
151	151		may work out such sentences in any public works or on the streets, roads, drains, and126
152	152		other public property in the city, to provide for commitment of such persons to any127
153	153		jail, to provide for the use of pretrial diversion and any alternative sentencing allowed128
154	154		by law, or to provide for commitment of such persons to any county work camp or129
155	155		county jail by agreement with the appropriate county officials;130
156	156		(16) Motor vehicles. To regulate the operation of motor vehicles and exercise control131
157	157		over all traffic, including parking upon or across the streets, roads, alleys, and132
158	158		walkways of the city;133
159	159		(17) Municipal agencies and delegation of power. To create, alter, or abolish134
160	160		departments, boards, offices, commissions, and agencies of the city, and to confer135
161	161		upon such departments, boards, offices, commissions, and agencies the necessary and136
162	162		appropriate authority for carrying out all the powers conferred upon or delegated to137
163	163		the same;138
164	164		(18) Municipal debts and issuance of bonds. To contract debts and issue bonds of139
165	165		said city as the valid obligations of said city, under and in accordance with the140
166	166		limitations provided in the Constitution and laws of said state, for the purpose of141
167		-	refunding valid and existing debts, establishing, improving, and maintaining a water142 23 LC 47 2247~~/AP~~
	167	+	refunding valid and existing debts, establishing, improving, and maintaining a water142 23 LC 47 2247
168	168		H. B. 695
169	169		- 7 -
170	170		supply system, a system of lights or electric power, any other public service or utility
171	171		143
172	172		system, hospitals, or other public buildings, for the paving or otherwise improving of144
173	173		city streets or public places, and for any other improvement, convenience, or necessity145
174	174		for the use of said city or the citizens thereof, or for any other lawful purpose. 146
175	175		(19) Municipal property ownership. To purchase, hold, rent, lease, and receive by147
176	176		gift or otherwise, and to enjoy, possess, and retain, temporarily or permanently, any148
177	177		property, real or personal, of any kind whatsoever either within or without the149
178	178		corporate limits of said city, for corporate purposes;150
179	179		(20) Municipal property protection. To provide for the preservation and protection151
180	180		of property, real and personal, and the administration and use of same by the public;152
181	181		and to prescribe penalties and punishment for violations thereof;153
182	182		(21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and154
183	183		dispose of public utilities, including but not limited to a system of waterworks, sewers155
184	184		and drains, sewage disposal, stormwater management, gas works, electric light plants,156
185	185		cable television, and other telecommunications, transportation facilities, public157
186	186		airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees,158
187	187		assessments, regulations, and penalties, and to provide for the withdrawal of service159
188	188		for refusal or failure to pay the same;160
189	189		(22) Nuisance. To define a nuisance and provide for its abatement whether on public161
190	190		or private property;162
191	191		(23) Penalties. To provide penalties for violation of any ordinances adopted pursuant163
192	192		to the authority of this charter and the laws of the State of Georgia;164
193	193		(24) Planning and zoning. To provide comprehensive city planning for development165
194	194		by zoning; and to provide subdivision regulation and the like as the city council166
195	195		deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing167
196		-	community;168 23 LC 47 2247~~/AP~~
	196	+	community;168 23 LC 47 2247
197	197		H. B. 695
198	198		- 8 -
199	199		(25) Police and fire protection. To exercise the power of arrest through duly
200	200		169
201	201		appointed police officers, and to establish, operate, or contract for a police and170
202	202		firefighting agency;171
203	203		(26) Public hazards: removal. To provide for the destruction and removal of any172
204	204		building or other structure which is or may become dangerous or detrimental to the173
205	205		public;174
206	206		(27) Public improvements. To provide for the acquisition, construction, building,175
207	207		operation, and maintenance of public ways, parks, and playgrounds, recreational176
208	208		facilities, cemeteries, markets, and market houses, public buildings, libraries, public177
209	209		housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural,178
210	210		educational, recreational, conservation, sport, curative, detentional, penal and medical179
211	211		institutions, agencies and facilities; to provide any other public improvements, inside180
212	212		or outside the corporate limits of the city; to regulate the use of public improvements;181
213	213		and for such purposes, property may be acquired by condemnation under Title 22 of182
214	214		the O.C.G.A., or such other applicable laws as are or may hereafter be enacted;183
215	215		(28) Public peace. To provide for the prevention and punishment of loitering,184
216	216		disorderly conduct, drunkenness, riots, and public disturbances;185
217	217		(29) Public transportation. To organize and operate such public transportation186
218	218		systems as are deemed beneficial;187
219	219		(30) Public utilities and services. To grant franchises or make contracts for, or188
220	220		impose taxes on public utilities and public service companies; and to prescribe the189
221	221		rates, fares, regulations, and standards and conditions of service applicable to the190
222	222		service to be provided by the franchise grantee or contractor; insofar as not in conflict191
223	223		with valid regulations of the Public Service Commission;192
224	224		(31) Regulation of roadside areas. To prohibit or regulate and control the erection,193
225	225		removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and194
226		-	any and all other structures or obstructions upon or adjacent to the rights-of-way of195 23 LC 47 2247~~/AP~~
	226	+	any and all other structures or obstructions upon or adjacent to the rights-of-way of195 23 LC 47 2247
227	227		H. B. 695
228	228		- 9 -
229	229		streets and roads or within view thereof, within or abutting the corporate limits of the
230	230		196
231	231		city; and to prescribe penalties and punishment for violation of such ordinances;197
232	232		(32) Retirement. To provide and maintain a retirement plan and other employee198
233	233		benefit plans and programs for elected officials, officers, and employees of the city;199
234	234		(33) Roadways. To lay out, open, extend, widen, narrow, establish, or change the200
235	235		grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or201
236	236		otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads,202
237	237		alleys, and walkways within the corporate limits of the city; to grant franchises and203
238	238		rights-of-way throughout the streets and roads, and over the bridges and viaducts for204
239	239		the use of public utilities; and to require real estate owners to repair and maintain in205
240	240		safe condition the sidewalks adjoining their lots or lands, and to impose penalties for206
241	241		failure to do so;207
242	242		(34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the208
243	243		acquiring, constructing, equipping, operating, maintaining, and extending of a sewage209
244	244		disposal plant and sewerage system, and to levy on users of sewers and sewerage210
245	245		systems a sewer service fee, charge, or sewer tax for the availability or use of the211
246	246		sewers; to provide for the manner and method of collecting such service charges and212
247	247		for enforcing payment of the same; and to charge, impose, and collect a sewer213
248	248		connection fee to those connected with the system;214
249	249		(35) Solid waste disposal. To provide for the collection and disposal of garbage,215
250	250		rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish,216
251	251		and refuse by others; and to provide for the separate collection of glass, tin,217
252	252		aluminum, cardboard, paper, and other recyclable materials, and to provide for the218
253	253		sale of such items;219
254	254		(36) Special areas of public regulation. To regulate or prohibit junk dealers and the220
255	255		manufacture and sale of intoxicating liquors; to regulate the transportation, storage,221
256		-	and use of combustible, explosive, and inflammable materials, the use of lighting and222 23 LC 47 2247~~/AP~~
	256	+	and use of combustible, explosive, and inflammable materials, the use of lighting and222 23 LC 47 2247
257	257		H. B. 695
258	258		- 10 -
259	259		heating equipment, and any other business or situation which may be dangerous to
260	260		223
261	261		persons or property; to regulate and control the conduct of peddlers and itinerant224
262	262		traders, theatrical performances, exhibitions, and shows of any kind, by taxation or225
263	263		otherwise; to license and tax professional fortunetelling, palmistry, and massage226
264	264		parlors; and to restrict adult bookstores to certain areas;227
265	265		(37) Special assessments. To levy and provide for the collection of special228
266	266		assessments to cover the costs of any public improvements;229
267	267		(38) Taxes:230
268	268		(A) Ad valorem. To levy and provide for the assessment, valuation,231
269	269		revaluation, and collection of taxes on all property subject to taxation;232
270	270		(B) Other. To levy and collect such other taxes as may be allowed now or in233
271	271		the future by municipal governments;234
272	272		(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit235
273	273		the number of such vehicles; to require the operators thereof to be licensed; to require236
274	274		public liability insurance on such vehicles in the amounts to be prescribed by237
275	275		ordinance; and to regulate the parking of such vehicles;238
276	276		(40) Water fees. To levy a fee, charge, or tax as necessary to assure the acquiring,239
277	277		constructing, equipping, operating, maintaining, and extending of a water plant and240
278	278		the infrastructure thereof, and to levy on users a water service fee, charge, or tax for241
279	279		the availability or use thereof; to provide for the manner and method of collecting242
280	280		such service charges and for enforcing payment of the same; and to charge, impose,243
281	281		and collect a water connection fee to those connected with the system;244
282	282		(41) Urban redevelopment. To organize and operate an urban redevelopment245
283	283		program; and246
284	284		(42) Other powers. To exercise and enjoy all other powers, functions, rights,247
285	285		privileges, and immunities necessary or desirable to promote or protect the safety,248
286		-	health, peace, security, good order, comfort, convenience, or general welfare of the249 23 LC 47 2247~~/AP~~
	286	+	health, peace, security, good order, comfort, convenience, or general welfare of the249 23 LC 47 2247
287	287		H. B. 695
288	288		- 11 -
289	289		city and its inhabitants; and to exercise all implied powers necessary or desirable to
290	290		250
291	291		carry into execution all powers granted in this charter as fully and completely as if251
292	292		such powers were fully stated herein; and to exercise all powers now or in the future252
293	293		authorized to be exercised by other municipal governments under other laws of the253
294	294		State of Georgia; and no listing of particular powers in this charter shall be held to be254
295	295		exclusive of others, nor restrictive of general words and phrases granting powers, but255
296	296		shall be held to be in addition to such powers unless expressly prohibited to256
297	297		municipalities under the Constitution or applicable laws of the State of Georgia.257
298	298		SECTION 1.5.258
299	299		Vesting of property owned at time of enactment.259
300	300		The title to any property, real or personal, within or without the corporate limits of said city,260
301	301		heretofore acquired by the City of Thomaston, with or without proper charter authority, is261
302	302		hereby vested in the City of Thomaston created by this charter, the acquisition thereof being262
303	303		hereby ratified and made lawful.263
304	304		SECTION 1.6.264
305	305		Assumption of former debts.265
306	306		The City of Thomaston created by this act is hereby made responsible, as a body corporate,266
307	307		for all legal undertakings, liabilities, and debts of the former City of Thomaston, whether for267
308		-	principal and interest or outstanding bonds, or other contracts or indebtedness.268 23 LC 47 2247~~/AP~~
	308	+	principal and interest or outstanding bonds, or other contracts or indebtedness.268 23 LC 47 2247
309	309		H. B. 695
310	310		- 12 -
311	311		SECTION 1.7.
312	312		269
313	313		Exercise of powers.270
314	314		All powers, functions, rights, privileges, and immunities of the city, its officers, agencies,271
315	315		or employees shall be carried into execution as provided by this charter. If this charter272
316	316		makes no provision, such shall be carried into execution as provided by ordinance or as273
317	317		provided by pertinent laws of the State of Georgia.274
318	318		ARTICLE II.275
319	319		CITY GOVERNMENT276
320	320		SECTION 2.1.277
321	321		Governing authority.278
322	322		The municipal government of the city shall consist of a mayor and five councilmembers, and279
323	323		shall be known as the "Mayor and City Council of the City of Thomaston, Georgia." The280
324	324		mayor and city council shall be the legislative branch of government and shall have281
325	325		governing authority of the city. The powers and authority of the mayor and city council shall282
326	326		be exercised in compliance with the provisions of this charter and as otherwise authorized283
327	327		by the laws of the State of Georgia.284
328	328		SECTION 2.2.285
329	329		Councilmembers and election districts.286
330	330		(a) One councilmember shall be elected from the entire city at large and shall serve as the287
331	331		mayor pro tempore. Four councilmembers shall be elected from the districts provided for288
332		-	in subsection (b) of this section.289 23 LC 47 2247~~/AP~~
	332	+	in subsection (b) of this section.289 23 LC 47 2247
333	333		H. B. 695
334	334		- 13 -
335	335		(b) For the purpose of electing district councilmembers the City of Thomaston shall be
336	336		290
337	337		divided into four districts which shall correspond to those four numbered districts described291
338	338		in Appendix A attached to and made a part of this Act and further identified as "User:292
339	339		Thomaston Plan Name: Thomaston-2023 Plan Type: Local". 293
340	340		(c)(1) For the purposes of such plan:294
341	341		(A) The term "VTD" shall mean and describe the same geographical295
342	342		boundaries as provided in the report of the Bureau of the Census for the United296
343	343		States decennial census of 2020 for the State of Georgia. The separate297
344	344		numeric designations in a district description which are underneath a VTD298
345	345		heading shall mean and describe individual Blocks within a VTD as provided299
346	346		in the report of the Bureau of the Census for the United States decennial300
347	347		census of 2020 for the State of Georgia; and301
348	348		(B) Except as otherwise provided in the description of any district, whenever302
349	349		the description of any district refers to a named city, it shall mean the303
350	350		geographical boundaries of that city as shown on the census maps for the304
351	351		United States decennial census of 2020 for the State of Georgia.305
352	352		(2) Any part of the city which is not included in any district described in306
353	353		subsection (b) of this section shall be included within that district contiguous to such307
354	354		part which contains the least population according to the United States decennial308
355	355		census of 2020 for the State of Georgia.309
356	356		(3) Except for any incorporated island, any part of the city which is described in310
357	357		subsection (b) of this section as being included in a particular district shall311
358	358		nevertheless not be included within such district if such part is not contiguous to such312
359	359		district. Such noncontiguous part shall instead be included within that district313
360	360		contiguous to such part which contains the least population according to the United314
361		-	States decennial census of 2020 for the State of Georgia.315 23 LC 47 2247~~/AP~~
	361	+	States decennial census of 2020 for the State of Georgia.315 23 LC 47 2247
362	362		H. B. 695
363	363		- 14 -
364	364		SECTION 2.3.
365	365		316
366	366		Mayor and city council qualifications and terms.317
367	367		(a) The mayor and each member of city council shall serve for a period of four years in each318
368	368		term for which they are elected. The mayor and each member of city council in office on the319
369	369		effective date of this section shall serve the remainder of his or her term of office for which320
370	370		he or she was elected.321
371	371		(b) No person shall be eligible to serve as mayor or city council member unless he or she322
372	372		is a qualified municipal voter, has attained the age of 21 years on the date of the election, and323
373	373		shall have been a resident of the city for one year immediately prior to the date of his or her324
374	374		election. No person who has been convicted of a felony or misdemeanor involving moral325
375	375		turpitude shall be eligible to be elected as mayor or councilmember unless that person's civil326
376	376		rights have been restored.327
377	377		( c) No person shall be eligible to serve as a councilmember representing an election district328
378	378		unless that person has been a resident of the district such person seeks to represent for a329
379	379		continuous period of at least six months immediately prior to the date of the election for330
380	380		councilmember.331
381	381		(d) If the mayor or any councilmember fails to continue to meet the residency requirements332
382	382		set forth above, during his or her term of office, he or she shall immediately resign from333
383	383		office or, upon failure to resign, be removed from office by operation of law.334
384	384		(e) Those persons currently elected to hold office of mayor or councilmember shall continue335
385	385		to serve in said position until their successors are duly elected and qualified as provided by336
386		-	law.337 23 LC 47 2247~~/AP~~
	386	+	law.337 23 LC 47 2247
387	387		H. B. 695
388	388		- 15 -
389	389		SECTION 2.4.
390	390		338
391	391		Holding other office.339
392	392		Except where authorized by law, the mayor or any councilmember shall not hold any other340
393	393		city office or city employment during the term for which that person was elected. No former341
394	394		mayor and no former councilmember shall hold any appointive office in the city until one342
395	395		year after the expiration of the term for which that official was elected.343
396	396		SECTION 2.5.344
397	397		Vacancies and the filling of vacancies of office.345
398	398		(a) The office of mayor or councilmember shall become vacant upon the incumbent's death,346
399	399		resignation, forfeiture of office, or occurrence of an event specified by the Constitution of347
400	400		the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may348
401	401		hereafter be enacted.349
402	402		(b) A vacancy in the office of mayor or any councilmember shall be filled for the remainder350
403	403		of the unexpired term, if any, by appointment by the city council or those members351
404	404		remaining if less than 12 months remaining in the unexpired term. If the vacancy occurs 12352
405	405		months or more prior to the expiration of the term of that office, it shall be filled for the353
406	406		remainder of the unexpired term by a special election, as provided with Titles 21 and 45 of354
407	407		the O.C.G.A., or other such laws as are or may hereafter be enacted.355
408	408		(c) This provision shall also apply to a temporary vacancy created by the suspension from356
409	409		office of the mayor or any councilmember and to a vacancy that occurs when the mayor or357
410		-	any councilmember no longer meets the residency requirements as set forth in Section 2.3.358 23 LC 47 2247~~/AP~~
	410	+	any councilmember no longer meets the residency requirements as set forth in Section 2.3.358 23 LC 47 2247
411	411		H. B. 695
412	412		- 16 -
413	413		SECTION 2.6.
414	414		359
415	415		Compensation and expenses.360
416	416		(a) The mayor and each councilmember shall receive an annual salary and other benefits that361
417	417		are not prohibited by law, which shall be established by ordinance adopted in accordance362
418	418		with state law, and said salary shall be paid in 12 equal payments on or by the end of each363
419	419		month.364
420	420		(b) In addition to their annual salary, the mayor and each councilmember may be reimbursed365
421	421		for actual out of pocket expenses incurred on behalf of the city and within the scope of their366
422	422		representation thereof as provided by ordinance.367
423	423		SECTION 2.7.368
424	424		Inquiries and investigations.369
425	425		Following the adoption of an authorizing resolution, the mayor and city council may make370
426	426		inquiries and investigations into the affairs of the city and the conduct of any department,371
427	427		office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take372
428	428		testimony, and require the production of documents, records, recordings, or other evidence.373
429	429		Any person who fails or refuses to obey a lawful order issued in the exercise of these powers374
430	430		by the mayor and city council shall be punished as provided by ordinance. The mayor, or375
431	431		in his or her absence the mayor pro tempore, shall have authority to issue subpoenas and376
432		-	administer oaths.377 23 LC 47 2247~~/AP~~
	432	+	administer oaths.377 23 LC 47 2247
433	433		H. B. 695
434	434		- 17 -
435	435		SECTION 2.8.
436	436		378
437	437		General power and authority of the mayor and city council.379
438	438		(a) Except as otherwise provided by law or this charter, the mayor and city council shall be380
439	439		vested with all the powers of government of the City of Thomaston.381
440	440		(b) In addition to the powers conferred by law, the mayor and city council shall have the382
441	441		authority to adopt and provide for the execution of such ordinances, resolutions, and rules383
442	442		and regulations which are not inconsistent with this charter and the Constitution and the laws384
443	443		of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace,385
444	444		good order, protection of life and property, health, welfare, sanitation, comfort, convenience,386
445	445		prosperity, or well-being of the inhabitants of the City of Thomaston and may enforce such387
446	446		ordinances by imposing penalties for violation thereof.388
447	447		(c) The mayor and city council is hereby empowered to acquire, construct, operate, and389
448	448		maintain public ways, parks, public grounds, cemeteries, markets, market houses, public390
449	449		buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas391
450	450		systems, airports, hospitals, and charitable, educational, recreational, sports, curative,392
451	451		corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other393
452	452		public improvements inside or outside the city, and to regulate the use thereof, and for such394
453	453		purposes, property may be condemned under procedures established by general law395
454	454		applicable now or as provided in the future.396
455	455		SECTION 2.9.397
456	456		Duties and powers of mayor.398
457	457		The mayor shall have the following duties and powers:399
458		-	(1) Preside at meetings of city council;400 23 LC 47 2247~~/AP~~
	458	+	(1) Preside at meetings of city council;400 23 LC 47 2247
459	459		H. B. 695
460	460		- 18 -
461	461		(2) Vote on the appointment of city manager, city attorney, city clerk, municipal
462	462		401
463	463		court judge, and auditor;402
464	464		(3) Other than as allowed by paragraph (2) of this section, the mayor may not vote403
465	465		at meetings of the mayor and city council, except in the event of a tied vote by the404
466	466		council on any questions, resolutions, or measure;405
467	467		(4) Veto power on decisions except those on which the mayor's vote is cast as set406
468	468		forth in paragraphs (2) and (3) of this section or in which he or she has a financial407
469	469		interest or conflict of interest as set forth in Section 2.11, and said veto power must408
470	470		be exercised within three days after the passage of any measure, ordinance, order, or409
471	471		resolution of the city council; failure to exercise the veto power shall result in the410
472	472		passage of the measure, ordinance, order, or resolution as approved by the majority411
473	473		vote of city council; and said veto must be in writing setting forth the mayor's reasons412
474	474		for disapproval and filed with the city clerk or deputy city clerk, and should the mayor413
475	475		exercise his or her veto power, the measure, ordinance, order, or resolution shall not414
476	476		become a law or enforceable unless subsequently passed over the mayor's veto of at415
477	477		least four councilmembers;416
478	478		(5) Disapprove or reduce any item or items of appropriation in any ordinance. The417
479	479		approved part or parts of any ordinance making appropriations shall become law, and418
480	480		the part or parts disapproved shall not become law unless subsequently passed by the419
481	481		city council over the mayor's veto as provided in paragraph (4) of this section. The420
482	482		reduced part or parts shall be presented to city council as though disapproved and421
483	483		shall not become law unless overridden by the city council as provided paragraph (4)422
484	484		of this section;423
485	485		(6) May approve in writing any measure passed by the city council and it shall go424
486		-	into effect immediately;425 23 LC 47 2247~~/AP~~
	486	+	into effect immediately;425 23 LC 47 2247
487	487		H. B. 695
488	488		- 19 -
489	489		(7) Sign as a matter of course on behalf of the city written and approved contracts,
490	490		426
491	491		ordinances, and other instruments executed by the city which by law are required to427
492	492		be in writing;428
493	493		(8) Have power to administer oaths and to take affidavits; and429
494	494		(9) Be the head of the city for the purpose of service of process and for ceremonial430
495	495		purposes, and be the official spokesperson for the city and the chief advocate of431
496	496		policy.432
497	497		SECTION 2.10.433
498	498		Duties and powers of mayor pro tempore.434
499	499		(a) The mayor pro tempore shall, in the absence, disability, or disqualification of the mayor,435
500	500		perform all the duties and exercise all the rights, powers, and privileges of the office of436
501	501		mayor. Any such disability or disqualification shall be declared by a majority of all437
502	502		councilmembers.438
503	503		(b) Mayor pro tempore, when acting as mayor, shall continue to vote as a member of the city439
504	504		council.440
505	505		SECTION 2.11.441
506	506		Fiduciary capacity; conflict of interest; and voting when financial interest. 442
507	507		(a) Elected and appointed officers of the city are trustees and servants of the residents of the443
508	508		city and shall act in a fiduciary capacity for the benefit of such residents. 444
509	509		(b) Any elected official, appointed officer, or employee who shall have any financial445
510	510		interest, directly or indirectly, in any contract or matter pending before or within any446
511	511		department of the city shall disclose such interest to the city council. The mayor or any447
512		-	councilmember who has a financial interest in any matter pending before the city council448 23 LC 47 2247~~/AP~~
	512	+	councilmember who has a financial interest in any matter pending before the city council448 23 LC 47 2247
513	513		H. B. 695
514	514		- 20 -
515	515		shall disclose such interest and such disclosure shall be entered on the records of the city
516	516		449
517	517		council, and that official shall disqualify himself or herself from participating in any decision450
518	518		or vote relating thereto. If the mayor is disqualified from participating in any decision or451
519	519		vote pursuant to this provision, he or she shall also be disqualified from exercising his or her452
520	520		veto power in any decision related to his or her disqualification. Any elected official,453
521	521		appointed officer, or employee of any agency or political entity to which this charter applies454
522	522		who shall have any financial interest, directly or indirectly, in any contract or matter pending455
523	523		before or within such entity shall disclose such interest to the governing body of such agency456
524	524		or entity. 457
525	525		SECTION 2.12.458
526	526		Organizational meetings.459
527	527		The city council shall hold an organizational meeting on the first regular meeting in January460
528	528		of each year. The meeting shall be called to order by the mayor and the oath of office shall461
529	529		be administered to the newly elected members as follows:462
530	530		"I do solemnly swear or affirm that I will faithfully discharge the duties devolved on463
531	531		me as mayor/councilmember of the City of Thomaston; that I will faithfully execute464
532	532		and enforce the laws of said city, the United States Constitution and the Constitution465
533	533		of the State of Georgia, to the best of my ability, skill, and knowledge; and that I will466
534	534		do all in my power to promote the general welfare of the inhabitants of said city and467
535	535		common interest thereof.468
536	536		I do further swear or affirm that I am not the holder of any unaccounted for public469
537	537		money due this state or any political subdivision or authority thereof. I am not the470
538	538		holder of any office of trust under the government of the United States, any other471
539	539		state, or any foreign state which I by the laws of the State of Georgia am prohibited472
540		-	from holding. So help me God."473 23 LC 47 2247~~/AP~~
	540	+	from holding. So help me God."473 23 LC 47 2247
541	541		H. B. 695
542	542		- 21 -
543	543		SECTION 2.13.
544	544		474
545	545		Regular and special meetings.475
546	546		(a) The mayor and city council shall have full power to fix the time, place, and rules of476
547	547		procedure of their regular sessions. The mayor, or a majority of the city council, shall have477
548	548		power to convene the city council in special session by delivering written notice thereof478
549	549		personally to the mayor and to each councilman at least 24 hours prior to the convening of479
550	550		such meeting. Such notice to councilmembers shall not be required if the mayor and all480
551	551		councilmembers are present when the special meeting is called. Such notice of any special481
552	552		meeting may be waived by a councilmember in writing before or after such a meeting, and482
553	553		attendance at the meeting shall constitute a waiver of notice on any business transacted in483
554	554		such councilmember's presence. The mayor and city council shall have full and ample power484
555	555		to do and perform any of their duties or exercise any of their powers at a special or called485
556	556		session as at a regular session. Only the business stated in the call may be transacted at the486
557	557		special meeting.487
558	558		(b) All meetings of the city council shall be open to the public to the extent required by law488
559	559		and notice to the public of special meetings shall be made fully as is reasonably possible as489
560	560		provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or490
561	561		may hereafter be enacted. For each meeting, minutes shall be kept of the proceedings491
562	562		wherein the actions taken are recorded.492
563	563		SECTION 2.14.493
564	564		Rules of procedure.494
565	565		The city council shall adopt its rules of procedure and order of business consistent with the495
566	566		provisions of this charter and shall provide for keeping a journal of its proceedings which496
567		-	shall be a public record. The rules of procedure and order in place at the time this charter497 23 LC 47 2247~~/AP~~
	567	+	shall be a public record. The rules of procedure and order in place at the time this charter497 23 LC 47 2247
568	568		H. B. 695
569	569		- 22 -
570	570		is enacted, and as previously adopted, shall remain in effect until such time as city council
571	571		498
572	572		deems it appropriate and necessary to amend all or a portion thereof.499
573	573		SECTION 2.15.500
574	574		Quorum; voting.501
575	575		Four councilmembers or three councilmembers and mayor shall constitute a quorum of the502
576	576		city council. Voting on the adoption of ordinances, resolutions, contracts, or other matters503
577	577		brought before city council shall be by voice vote, and the ayes and nays shall be recorded504
578	578		in the minutes. The mayor or any member of the city council shall have the right to request505
579	579		a roll call vote, and such vote shall be recorded in the minutes. The vote of the majority of506
580	580		those present shall control. A councilmember who abstains from voting must abstain on the507
581	581		basis of an announced conflict of interest or other legal ground, and in the absence thereof,508
582	582		the abstention shall be counted as an affirmative vote.509
583	583		SECTION 2.16.510
584	584		Ordinances form; procedures.511
585	585		(a) Every proposed ordinance should be introduced in writing and in the form required for512
586	586		final adoption.513
587	587		(b) An ordinance may be introduced by any councilmember, the mayor, or the city manager514
588	588		and be read at a regular or special meeting of the city council. Ordinances shall be515
589	589		considered and adopted or rejected by the city council in accordance with the rules which it516
590	590		shall establish; provided, however, an ordinance shall not be adopted the same day it is517
591	591		introduced, except for emergency ordinances provided in Section 2.18 or unless it is518
592	592		unanimously approved by all members of city council then in office. Said ordinance may519
593	593		be amended, corrected, or revised. Upon introduction of any ordinance, the city clerk or520
594		-	deputy city clerk shall, as soon as possible, distribute a copy to the mayor and each521 23 LC 47 2247~~/AP~~
	594	+	deputy city clerk shall, as soon as possible, distribute a copy to the mayor and each521 23 LC 47 2247
595	595		H. B. 695
596	596		- 23 -
597	597		councilmember and shall file a reasonable number of copies in the office of the clerk and at
598	598		522
599	599		such other public places as the city council may designate.523
600	600		SECTION 2.17.524
601	601		Action requiring an ordinance.525
602	602		Acts of the city council which have the force and effect of law shall be enacted by ordinance.526
603	603		SECTION 2.18.527
604	604		Emergencies.528
605	605		To meet a public emergency affecting life, health, property, or public peace, the city council529
606	606		may convene on call of the mayor or four councilmembers and promptly adopt an emergency530
607	607		ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise;531
608	608		regulate the rate charged by any public utility for its services; or authorize the borrowing of532
609	609		money except for loans to be repaid within 30 days. An emergency ordinance shall be533
610	610		introduced in the form prescribed for ordinances generally, except that it shall be plainly534
611	611		designated as an emergency ordinance and shall contain, after the enacting clause, a535
612	612		declaration stating that an emergency exists, and describing the emergency in clear and536
613	613		specific terms. An emergency ordinance may be adopted, with or without amendment, or537
614	614		rejected at the meeting at which it is introduced, but the affirmative vote of at least four538
615	615		councilmembers shall be required for adoption. The emergency ordinance shall become539
616	616		effective upon adoption or at such later time as it may specify. Every emergency ordinance540
617	617		shall automatically stand repealed 30 days following the date upon which it was adopted, but541
618	618		this shall not prevent reenactment of the ordinance in the manner specified in this section if542
619	619		the emergency still exists. An emergency ordinance may also be repealed by adoption of a543
620	620		repealing ordinance in the same manner specified in this section for adoption of emergency544
621		-	ordinances.545 23 LC 47 2247~~/AP~~
	621	+	ordinances.545 23 LC 47 2247
622	622		H. B. 695
623	623		- 24 -
624	624		SECTION 2.19.
625	625		546
626	626		Codes of technical regulations.547
627	627		(a) The city council may adopt any standard code of technical regulations by reference548
628	628		thereto in an adoption ordinance. The procedure and requirements governing such adopting549
629	629		ordinance shall be as prescribed for ordinances generally except that:550
630	630		(1) The requirements of Section 2.16 for distribution and filing of copies of the551
631	631		ordinance shall be construed to include copies of any code of technical regulations,552
632	632		as well as the adopting ordinance; and 553
633	633		(2) A copy of each adopted code of technical regulations, as well as the adopting554
634	634		ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.20.555
635	635		(b) Copies of any adopted code of technical regulations shall be made available by the clerk556
636	636		for inspection by the public at a reasonable cost.557
637	637		SECTION 2.20.558
638	638		Signing; authenticating; recording; codification; printing.559
639	639		(a) The city clerk or deputy city clerk shall authenticate by his or her signature and record560
640	640		in full, in a properly indexed book kept for that purpose, all ordinances adopted by the city561
641	641		council.562
642	642		(b) The city council shall provide for the preparation of a general codification of all the563
643	643		ordinances of the city having the force and effect of law. The general codification shall be564
644	644		adopted by the city council by ordinance and shall be published promptly, together with all565
645	645		amendments thereto and such codes of technical regulations and other rules and regulations566
646	646		as the city council may specify. This compilation shall be known and cited officially as "The567
647		-	Code of the City of Thomaston, Georgia." Copies of the code shall be furnished to or made568 23 LC 47 2247~~/AP~~
	647	+	Code of the City of Thomaston, Georgia." Copies of the code shall be furnished to or made568 23 LC 47 2247
648	648		H. B. 695
649	649		- 25 -
650	650		accessible by all officers, departments, and agencies of the city, and made available for
651	651		569
652	652		purchase by the public at a reasonable price as fixed by the city council.570
653	653		(c) The city council shall cause each ordinance and each amendment to this charter to be571
654	654		printed promptly following its adoption, and such printed ordinances and charter572
655	655		amendments shall be made available for purchase by the public at reasonable prices to be573
656	656		fixed by the city council. Following publication of the first code under this charter and at574
657	657		any time thereafter, the ordinances and charter amendments shall be printed in substantially575
658	658		the same style as the code currently in effect and shall be suitable in form for incorporation576
659	659		therein. The city council shall make such further arrangements as deemed desirable with577
660	660		reproduction and distribution of any current changes in or additions to codes of technical578
661	661		regulations and other rules and regulations included in the code.579
662	662		ARTICLE III.580
663	663		ADMINISTRATIVE AFFAIRS581
664	664		SECTION 3.1.582
665	665		Organization.583
666	666		The city government shall continue as presently organized, unless and until otherwise584
667	667		provided by ordinance. The mayor and city council may by such ordinances establish,585
668	668		abolish, merge, or consolidate offices, positions of employment, departments, and agencies586
669	669		of the city; may provide that the same person shall fill a number of offices and positions of587
670	670		employment; and may transfer or change the functions and duties of offices, positions of588
671		-	employment, departments, and agencies of the city.589 23 LC 47 2247~~/AP~~
	671	+	employment, departments, and agencies of the city.589 23 LC 47 2247
672	672		H. B. 695
673	673		- 26 -
674	674		SECTION 3.2.
675	675		590
676	676		Administrative duties of mayor.591
677	677		The mayor shall be the presiding officer of the city council.592
678	678		SECTION 3.3.593
679	679		City manager: appointment, qualifications, and compensation.594
680	680		(a) The mayor and city council shall appoint a city manager for an indefinite term and shall595
681	681		fix the manager's compensation. 596
682	682		(b) The city manager shall be the chief executive officer and the head of the administrative597
683	683		branch of the city government. The city manager shall be chosen by the mayor and city598
684	684		council solely on the basis of his or her executive and administrative qualifications, with599
685	685		special reference to his actual experience in, or his or her knowledge of, accepted practice600
686	686		in respect to the duties of his or her office as hereinafter outlined.601
687	687		(c) The minimum qualifications for the city manager are as follows:602
688	688		(1) A master's degree together with two years of experience in any position through603
689	689		which, in the discretion of the mayor and city council, the applicant has gained the604
690	690		skills, knowledge and experience necessary to fulfill the responsibilities and tasks of605
691	691		city manager or a bachelor's degree with five years of experience in any position606
692	692		through which, in the discretion of the mayor and city council, the applicant has607
693	693		gained the skills, knowledge, and experience necessary to fulfill the responsibilities608
694	694		and tasks of city manager;609
695	695		(2) At least 21 years of age; and610
696	696		(3) No misdemeanor or felony convictions involving moral turpitude.611
697	697		(d) During his or her tenure, the city manager shall not engage in any other business or612
698		-	employment, unless otherwise specifically allowed by his or her employment agreement.613 23 LC 47 2247~~/AP~~
	698	+	employment, unless otherwise specifically allowed by his or her employment agreement.613 23 LC 47 2247
699	699		H. B. 695
700	700		- 27 -
701	701		(e) No person elected as mayor or as a councilman of the City of Thomaston shall,
702	702		614
703	703		subsequent to such election, be eligible for appointment as city manager until two years have615
704	704		elapsed following the expiration of the term for which he or she was elected. 616
705	705		(f) The city manager is employed at will and may be summarily removed from office at any617
706	706		time by the city council subject to the termination provisions set forth in the employment618
707	707		agreement entered into between the city and the city manager.619
708	708		SECTION 3.4.620
709	709		Removal of city manager.621
710	710		The mayor and city council may, by affirmative vote of a majority, remove or suspend the622
711	711		city manager from office through adoption of a preliminary resolution which must state the623
712	712		reasons for such removal or suspension. The removal or suspension may be effective624
713	713		instanter, and if so provided by such resolution, in the event of removal or suspension, the625
714	714		city manager's entitlement to continue receiving compensation shall be at the sole discretion626
715	715		of the city council to the extent that said discretion is not otherwise limited or prohibited by627
716	716		the provisions and terms set forth in the city manager's contract of employment. The action628
717	717		of the mayor and city council in removing or suspending the city manager shall be final and629
718	718		conclusive and not subject to review except for constitutional questions, and this provision630
719	719		shall, by operation of law, be and become a part of any contract of employment between the631
720	720		city manager and the City of Thomaston. A copy of a resolution removing or suspending the632
721	721		city manager shall be certified by the city clerk or deputy city clerk and served upon the city633
722		-	manager.634 23 LC 47 2247~~/AP~~
	722	+	manager.634 23 LC 47 2247
723	723		H. B. 695
724	724		- 28 -
725	725		SECTION 3.5.
726	726		635
727	727		Acting city manager.636
728	728		In the case of absence, disability, or suspension of the city manager, or in case of a vacancy637
729	729		in the office, the mayor and city council may designate a person meeting the qualifications638
730	730		set forth in Section 3.3(c) to temporarily perform the duties of the city manager during such639
731	731		absence, disability, suspension, or vacancy. 640
732	732		SECTION 3.6.641
733	733		Powers and duties of the city manager.642
734	734		The city manager shall be the chief executive and administrative officer of the city. The city643
735	735		manager shall be responsible to the city council for the efficient administration of all city644
736	736		affairs placed in the city manager's charge by or under this charter. As the chief executive645
737	737		and administrative officer, the city manager shall:646
738	738		(1) See that all laws and ordinances of the city are enforced;647
739	739		(2) Appoint, subject to the confirmation of the mayor and city council, the heads of648
740	740		such departments as the mayor and city council shall from time to time establish, and649
741	741		to appoint, without the confirmation of the mayor and city council, such other officers650
742	742		and employees as may be necessary or proper; provided that excepted from this651
743	743		power of appointment are its officers and employees who, by this charter, are652
744	744		appointed or elected by the mayor and city council; 653
745	745		(3) Remove department heads of the City of Thomaston without the consent of the654
746	746		mayor and city council, but only after formal consultation with the mayor and city655
747	747		council; to remove other officers and employees of the City of Thomaston without the656
748		-	consent of or formal consultation with the mayor and city council, provided he or she657 23 LC 47 2247~~/AP~~
	748	+	consent of or formal consultation with the mayor and city council, provided he or she657 23 LC 47 2247
749	749		H. B. 695
750	750		- 29 -
751	751		shall not have the right to remove those officers and employees who, by this charter,
752	752		658
753	753		are appointed or elected by the mayor and city council;659
754	754		(4) Fix all salaries and compensation of the department heads of the various city660
755	755		departments within the minimum and maximum limits prescribed by city council, and661
756	756		to fix all salaries and compensation of all other city employees lawfully employed by662
757	757		him or her;663
758	758		(5) Exercise supervision and control of all departments of the city that are now or664
759	759		may hereafter be created by the mayor and city council, except as otherwise provided665
760	760		for in this charter;666
761	761		(6) Attend all meetings of the mayor and city council, except for closed meetings667
762	762		held for the purpose of deliberating on the appointment, discipline, or removal of the668
763	763		city manager, with a right to take part in the discussion, but having no vote. The city669
764	764		manager shall be entitled to notice of all special meetings of the mayor and city670
765	765		council;671
766	766		(7) Recommend to the mayor and city council the adoption of such measures,672
767	767		ordinances, and resolutions as he or she may deem necessary or expedient;673
768	768		(8) Make and execute lawful contracts, except as otherwise provided for in this674
769	769		charter, on behalf of the city as to matters within his or her jurisdiction, except such675
770	770		as may be otherwise provided by law or by ordinances passed by the mayor and city676
771	771		council; provided, however, no electric light, water, or other public utility plant or677
772	772		system now or hereafter owned by the City of Thomaston shall be sold, leased, or678
773	773		otherwise disposed of except in strict compliance with the laws of the State of679
774	774		Georgia and the provisions of the charter of the City of Thomaston, nor shall any680
775	775		realty of any kind or character be purchased except when so authorized by the mayor681
776	776		and city council, nor shall any other property now or hereafter owned by said city,682
777	777		either real or personal, be sold, leased or otherwise disposed of except in strict683
778		-	accordance with the provisions of charter;684 23 LC 47 2247~~/AP~~
	778	+	accordance with the provisions of charter;684 23 LC 47 2247
779	779		H. B. 695
780	780		- 30 -
781	781		(9) Submit to the mayor and city council, for their consideration, a budget of the
782	782		685
783	783		proposed expenditures of the city for the ensuing year, the probable revenue for that686
784	784		year and from what sources it is excepted. The city manager shall submit the687
785	785		proposed budget to mayor and city council in a timely manner so as to allow688
786	786		sufficient time for adoption thereof prior to the beginning of the next fiscal year for689
787	787		which the budget has been prepared. Said annual budget shall show in as much detail690
788	788		as practicable the amount allotted to each department of the city government. Said691
789	789		budget, as submitted by the city manager, shall be subject to the approval of the692
790	790		mayor and city council, who may make such changes therein as they shall deem693
791	791		advisable. Additional provisions regarding the adoption of the budget are set forth694
792	792		in Section 6.17. Upon the approval of said annual budget by the mayor and city695
793	793		council, thereafter, no part of any amount allotted to any department shall be696
794	794		expended by the city manager on account of any other department except with the697
795	795		prior consent of the mayor and city council, and the city manager shall not expend for698
796	796		any department during any calendar quarter of said year any amount that exceeds699
797	797		one-fourth of the amount budgeted for said department in said annual budget, except700
798	798		with the previous consent and approval of the mayor and city council;701
799	799		(10) Keep the mayor and city council at all times fully advised as to the financial702
800	800		condition and needs of the city;703
801	801		(11) Make such other reports as the mayor and city council may require showing the704
802	802		operations and expenditures of each department of the city which are subject to the705
803	803		manager's direction and supervision;706
804	804		(12) Perform such other duties as may be required by ordinance or resolution of the707
805	805		mayor and city council;708
806	806		(13) Be the purchasing agent for the city and make all purchases of supplies for the709
807	807		various departments of the city and shall approve all vouchers for the same; provided,710
808		-	however, the mayor and city council shall fix a maximum monetary limit which the711 23 LC 47 2247~~/AP~~
	808	+	however, the mayor and city council shall fix a maximum monetary limit which the711 23 LC 47 2247
809	809		H. B. 695
810	810		- 31 -
811	811		city manager, as such purchasing agent for the city, shall not exceed in any single
812	812		712
813	813		purchase without the prior approval of the mayor and city council. The city manager713
814	814		shall have the power and discretion to designate an assistant purchasing agent to assist714
815	815		him or her with these duties. The mayor and city council may from time to time,715
816	816		through adoption by resolution, amend this maximum monetary limit either upwards716
817	817		or downwards. The city manager shall continue to have the maximum monetary limit717
818	818		approved prior to the approval of this enactment until such time as that limit is718
819	819		amended as set forth in this charter. Further, the mayor and city council may, by719
820	820		resolution, require competitive bids on purchases under such rules and regulations as720
821	821		the mayor and city council may from time to time prescribe;721
822	822		(14) Submit, within the time required by law, a detailed financial report of the affairs722
823	823		of the city, which report shall be audited by the city auditor; and723
824	824		(15) Perform other such duties as are specified in this charter or as may be required724
825	825		by city council.725
826	826		SECTION 3.7.726
827	827		Administrative and service departments.727
828	828		(a) Except as otherwise provided in this charter, the city council, by ordinance, may728
829	829		prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant729
830	830		all nonelective offices, positions of employment, departments, and agencies of the city, as730
831	831		necessary for the proper administration of the affairs and government of this city.731
832	832		(b) Except as otherwise provided by this charter or by law, the department heads or other732
833	833		appointed officers of the city shall be appointed solely on the basis of their respective733
834	834		administrative and professional qualifications.734
835	835		(c) There shall be a department head of each department or agency who shall be its principal735
836		-	officer. Each department head shall, subject to the direction and supervision of the city736 23 LC 47 2247~~/AP~~
	836	+	officer. Each department head shall, subject to the direction and supervision of the city736 23 LC 47 2247
837	837		H. B. 695
838	838		- 32 -
839	839		manager, be responsible for the administration and direction of the affairs and operations of
840	840		737
841	841		his or her department or agency.738
842	842		(d) All department heads under the supervision of the city manager shall be selected by the739
843	843		city manager and selection thereof shall be approved by the city council.740
844	844		(f) The city manager may suspend or remove department heads under his or her supervision.741
845	845		SECTION 3.8.742
846	846		City council interference with administration.743
847	847		Except for the purpose of inquiries and investigations under Section 2.7 of this charter, the744
848	848		city council or its members shall deal with city officers and employees who are subject to745
849	849		the direction and supervision of the city manager solely through the city manager, and746
850	850		neither the city council nor its members shall give orders to any such officer or employee747
851	851		either publicly or privately.748
852	852		SECTION 3.9.749
853	853		Boards, commissions, and authorities.750
854	854		(a) The city council shall create by ordinance such boards, commissions, and authorities to751
855	855		fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems752
856	856		necessary, and shall by ordinance establish the composition, period of existence, duties, and753
857	857		powers thereof in accordance with any applicable state law.754
858	858		(b) All members of boards, commissions, and authorities of the city shall be appointed by755
859	859		the city council for such terms of office and in such manner as shall be provided by756
860	860		ordinance, except where other appointing authority, terms of office, or manner of757
861		-	appointment is prescribed by this charter or state law.758 23 LC 47 2247~~/AP~~
	861	+	appointment is prescribed by this charter or state law.758 23 LC 47 2247
862	862		H. B. 695
863	863		- 33 -
864	864		(c) The city council, by ordinance, may provide for the compensation and reimbursement
865	865		759
866	866		for actual and necessary expenses of the members of any board, commission, or authority.760
867	867		(d) No member of any board, commission, or authority shall hold any elective office in the761
868	868		city, except as provided by charter or by law; however, this provision shall not prohibit city762
869	869		councilmembers or the mayor from being members on any board or authority created or763
870	870		co-created by the city, such as the Thomaston-Upson County Office Building Authority,764
871	871		Thomaston-Upson County Industrial Authority, and the Downtown Development Authority.765
872	872		(e) Any vacancy on a board, commission, or authority of the city shall be filled for the766
873	873		unexpired term in the manner prescribed herein for original appointment, except as otherwise767
874	874		provided by this charter or by law.768
875	875		(f) No member of a board, commission, or authority shall assume office until that person has769
876	876		executed and filed with the city clerk or deputy city clerk an oath obligating himself or770
877	877		herself to faithfully and impartially perform the duties of that member's office, such oath to771
878	878		be prescribed by ordinance and administered by the mayor. This provision shall be772
879	879		applicable to all members added after the approval of this charter.773
880	880		(g) All board members serve at will and may be removed at any time by a vote of four774
881	881		members of the city council unless otherwise provided by law.775
882	882		(h) Except as otherwise provided by this charter or by law, each board, commission, or776
883	883		authority of the city shall elect one of its members as chair and one member as vice-chair,777
884	884		and may elect as its secretary one of its own members or may appoint as secretary an778
885	885		employee of the city with the consent of the employee and city manager. Each board,779
886	886		commission, or authority of the city government may establish such bylaws, rules, and780
887	887		regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems781
888	888		appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies782
889		-	of such bylaws, rules, and regulations shall be filed with the clerk of the city.783 23 LC 47 2247~~/AP~~
	889	+	of such bylaws, rules, and regulations shall be filed with the clerk of the city.783 23 LC 47 2247
890	890		H. B. 695
891	891		- 34 -
892	892		SECTION 3.10.
893	893		784
894	894		City attorney.785
895	895		(a) The mayor and city council shall appoint a city attorney and shall fix the attorney's786
896	896		compensation. Additionally, the mayor and city council may appoint such assistant city787
897	897		attorneys as may be authorized. The city attorney and any assistant city attorney shall be788
898	898		members in good standing with the State Bar of Georgia and shall have at least six years'789
899	899		experience practicing law.790
900	900		(b) The city council shall provide for the payment of such attorney or attorneys for services791
901	901		rendered to the city.792
902	902		(c) The city attorney shall be responsible for providing for the representation and defense793
903	903		of the city in all litigation in which the city is a party, excluding representation and defense794
904	904		in any litigation for which another attorney has been engaged; may be the prosecuting officer795
905	905		in the municipal court; shall attend the meetings of the city council as directed; shall advise796
906	906		the city council, mayor, and other officers and employees of the city concerning legal aspects797
907	907		of the city's affairs; and shall perform such other duties as may be required by virtue of his798
908	908		or her position as city attorney and pursuant to the provisions of his or her engagement letter799
909	909		or contract as city attorney.800
910	910		(d) The city attorney is not a public official of the city and does not take an oath of office.801
911	911		The city attorney shall at all times be an independent contractor. A law firm, rather than an802
912	912		individual, may be designated as the city attorney.803
913	913		SECTION 3.11.804
914	914		City clerk.805
915	915		The mayor and city council shall appoint a city clerk, who shall not be a councilmember.806
916		-	The city clerk shall be custodian of the official city seal and city records; maintain city807 23 LC 47 2247~~/AP~~
	916	+	The city clerk shall be custodian of the official city seal and city records; maintain city807 23 LC 47 2247
917	917		H. B. 695
918	918		- 35 -
919	919		council records required by this charter; and perform such other duties as may be required
920	920		808
921	921		by the city council.809
922	922		SECTION 3.12.810
923	923		City auditor.811
924	924		The mayor and city council shall appoint a city auditor. The city auditor may be designated812
925	925		as a firm of auditors rather than an individual if the mayor and city council deem such action813
926	926		advisable.814
927	927		SECTION 3.13.815
928	928		Tax collector.816
929	929		The mayor and city council shall have the power and authority, by resolution, duly adopted817
930	930		and entered upon the minutes of said city, to contract with the governing authority of Upson818
931	931		County and the Tax Commission of Upson County to hire the tax commissioner to act as the819
932	932		agent of and for said city and to receive and collect, on behalf of said city, the payment of820
933	933		all ad valorem taxes due said city on said property. The mayor and city council shall be821
934	934		further empowered to authorize said tax commissioner, in the receiving and collection of said822
935	935		taxes, to use joint city and county forms, specifically including joint city and county tax823
936	936		return forms, statements of amounts of taxes due, receipts of payment of said taxes and any824
937	937		and all other forms or statements having to do with the returns of property for taxation to said825
938	938		city, and the collection and payment of the taxes due said city thereon. Said tax826
939	939		commissioner shall, prior to any such appointment, be required to agree to keep full and827
940	940		complete records of all such transactions and to, upon demand, furnish to said city a copy828
941	941		of all such records and receipts made by the tax commissioner appertaining in any way to829
942		-	the return of property for taxation by said city and to the collection of taxes due said city830 23 LC 47 2247~~/AP~~
	942	+	the return of property for taxation by said city and to the collection of taxes due said city830 23 LC 47 2247
943	943		H. B. 695
944	944		- 36 -
945	945		thereon and to remit to said city all of said city's taxes so collected on or before the twentieth
946	946		831
947	947		day of each month. Said tax commissioner shall also be required to furnish, at the time of832
948	948		any such employment by the tax commissioner or by the mayor and city council, a bond with833
949	949		good security thereon, conditioned for the faithful performance of his or her duties in the834
950	950		collection of said city's taxes, which bond shall be in the sum of $25,000.00 and shall in all835
951	951		respects be an official bond. The City of Thomaston, Georgia, shall, in any year in which836
952	952		said tax commissioner has served as its agent as herein authorized, be empowered to pay to837
953	953		the County of Upson a sum of money equal to a percentage of the total taxes so collected by838
954	954		said tax commissioner on behalf of said city or a fixed sum, whichever amount shall be839
955	955		agreed upon by the mayor and city council and the board of commissioners of Upson840
956	956		County, Georgia, as said city's share of the expenses incurred in the receiving of the returns841
957	957		and collection of said ad valorem taxes. Said City of Thomaston shall, in addition, in the842
958	958		event of any such employment of said tax commissioner as its agent as authorized in this843
959	959		charter, pay directly to the tax commissioner of Upson County, on or before December 31st844
960	960		of any such year, a sum to be agreed upon by the mayor and city council and the tax845
961	961		commissioner as his or her compensation for receiving and collecting said city's taxes, which846
962	962		sum shall be and remain the property of said tax commissioner, which sum of money shall847
963	963		constitute full payment to said tax commissioner not only for his or her services as said city's848
964	964		agent as provided in this charter, but also for said tax commissioner's services in collecting849
965	965		the ad valorem taxes due said city on motor vehicles. The terms and provisions of any850
966	966		contract between the tax commissioner and the city which is in effect at the time of the851
967		-	approval of this charter shall remain in full force and effect.852 23 LC 47 2247~~/AP~~
	967	+	approval of this charter shall remain in full force and effect.852 23 LC 47 2247
968	968		H. B. 695
969	969		- 37 -
970	970		SECTION 3.14.
971	971		853
972	972		Compensation of city attorney, city clerk, and city auditor.854
973	973		At the first annual meeting, or as soon thereafter as is practicable, the city council shall fix855
974	974		the compensation of the city attorney, city clerk, city auditor and, if necessary, deputy city856
975	975		clerk, and also shall fix the salaries of the mayor, mayor pro tempore, and councilmembers857
976	976		within the limits provided by charter, all of which shall be subject to revision at any time. 858
977	977		SECTION 3.15.859
978	978		Position classification and pay plans.860
979	979		The city manager shall be responsible for the preparation of a position classification and pay861
980	980		plan which shall be submitted to the city council for approval. Such plan may apply to all862
981	981		employees of the city and any of its agencies, departments, boards, commissions, or863
982	982		authorities. When a pay plan has been adopted, the city council shall not increase or864
983	983		decrease the salary range applicable to any position except by amendment of such pay plan.865
984	984		For purposes of this section, all elected and appointed city officials are not city employees.866
985	985		SECTION 3.16.867
986	986		Personnel policies.868
987	987		The city council shall adopt rules and regulations consistent with this charter regarding: 869
988	988		(1) The criteria for hiring employees;870
989	989		(2) The pay method of the employees to include the hours, vacation, sick leave,871
990	990		annual leave, and any other leaves, overtime pay, and order and manner in which872
991		-	layoff shall be effected;873 23 LC 47 2247~~/AP~~
	991	+	layoff shall be effected;873 23 LC 47 2247
992	992		H. B. 695
993	993		- 38 -
994	994		(3) The administration of position classification and pay plan, probationary periods,
995	995		874
996	996		and methods of promotion;875
997	997		(4) Disciplinary actions and procedures for filing grievances; and876
998	998		(5) Such other personnel policies as may be necessary to provide adequate and877
999	999		systematic handling of personnel matters.878
1000	1000		ARTICLE IV.879
1001	1001		JUDICIAL BRANCH880
1002	1002		SECTION 4.1.881
1003	1003		Creation; name.882
1004	1004		There shall continue to be a court known as the Municipal Court of the City of Thomaston.883
1005	1005		SECTION 4.2.884
1006	1006		Chief judge; associate judge.885
1007	1007		(a) The municipal court shall be presided over by a chief judge.886
1008	1008		(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless887
1009	1009		that person meets the following minimum qualifications:888
1010	1010		(1) He or she must have attained the age of 21 years; 889
1011	1011		(2) He or she must be a member of the State Bar of Georgia, be in good standing with890
1012	1012		the bar, and possess all qualifications required by law; and891
1013	1013		(3) He or she must have at least six years of experience practicing law.892
1014	1014		(c) The chief judge shall have the authority to appoint, with city council's approval, a893
1015	1015		qualified attorney to serve as judge pro tempore in his or her absence or disability or in the894
1016		-	event he or she has a conflict presiding over specific cases.895 23 LC 47 2247~~/AP~~
	1016	+	event he or she has a conflict presiding over specific cases.895 23 LC 47 2247
1017	1017		H. B. 695
1018	1018		- 39 -
1019	1019		(d) The chief judge shall serve a minimum of one year.
1020	1020		896
1021	1021		(e) Compensation of the judge shall be fixed by city council.897
1022	1022		(f) A judge may be removed during his or her term of office by a two-thirds' majority vote898
1023	1023		of the entire membership of the governing authority of the municipal corporation for:899
1024	1024		(1) Willful misconduct in office;900
1025	1025		(2) Willful and persistent failure to perform duties;901
1026	1026		(3) Habitual intemperance;902
1027	1027		(4) Conduct prejudicial to the administration of justice which brings the judicial903
1028	1028		office into disrepute; or904
1029	1029		(5) Disability seriously interfering with the performance of duties, which is, or is905
1030	1030		likely to become, of a permanent character.906
1031	1031		(g) Before assuming office, the chief judge and any judge pro tempore shall take an oath,907
1032	1032		given by the mayor, that the judge will honestly and faithfully discharge the duties of the908
1033	1033		office to the best of his or her ability and without fear, favor, or partiality. The oath shall be909
1034	1034		entered upon the minutes of the city council journal required by Section 2.14.910
1035	1035		SECTION 4.3.911
1036	1036		Convening.912
1037	1037		Said court shall be convened at regular intervals as provided by ordinance.913
1038	1038		SECTION 4.4.914
1039	1039		Jurisdiction; powers.915
1040	1040		(a) The municipal court shall have jurisdiction and authority to try and punish violations of916
1041		-	this charter, all city ordinances, and such other violations as provided by law.917 23 LC 47 2247~~/AP~~
	1041	+	this charter, all city ordinances, and such other violations as provided by law.917 23 LC 47 2247
1042	1042		H. B. 695
1043	1043		- 40 -
1044	1044		(b) The municipal court shall have authority to punish those in its presence for contempt in
1045	1045		918
1046	1046		accordance with state law.919
1047	1047		(c) The municipal court may fix punishment for offenses within its jurisdiction in920
1048	1048		accordance with state law.921
1049	1049		(d) The municipal court shall have authority to establish a schedule of fees to defray the cost922
1050	1050		of operation.923
1051	1051		(e) The municipal court shall have the power to bind prisoners over to superior court when924
1052	1052		it appears by probable cause that a state law has been violated.925
1053	1053		(f) The municipal court shall have authority to establish bail and recognizances to ensure the926
1054	1054		presence of those charged with violations before said court, and shall have discretionary927
1055	1055		authority to accept cash or personal or real property as surety for the appearance of persons928
1056	1056		charged with violations. Whenever any person shall give bail for that person's appearance929
1057	1057		and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge930
1058	1058		presiding at such time, and an execution issued thereon by serving the defendant and the931
1059	1059		defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the932
1060	1060		event that cash or property is accepted in lieu of bond for security for the appearance of a933
1061	1061		defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,934
1062	1062		the cash so deposited shall be on order of the judge declared forfeited to the city, or the935
1063	1063		property so deposited shall have a lien against it for the value forfeited which lien shall be936
1064	1064		enforceable in the same manner and to the same extent as a lien for city property taxes.937
1065	1065		(g) The municipal court shall have the same authority as superior courts to compel the938
1066	1066		production of evidence in the possession of any party; to enforce obedience to its orders,939
1067	1067		judgments and sentences; and to administer such oaths as are necessary.940
1068	1068		(h) The municipal court may compel the presence of all parties necessary to properly941
1069	1069		dispose of each case by the issuance of summons, subpoenas, and warrants which may be942
1070		-	served as executed by any officer as authorized by this charter or by law.943 23 LC 47 2247~~/AP~~
	1070	+	served as executed by any officer as authorized by this charter or by law.943 23 LC 47 2247
1071	1071		H. B. 695
1072	1072		- 41 -
1073	1073		(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of
1074	1074		944
1075	1075		persons charged with offenses against any ordinance of the city, and each judge of the945
1076	1076		municipal court shall have the same authority as a magistrate of the state to issue warrants946
1077	1077		for offenses against state laws committed within the city.947
1078	1078		SECTION 4.5.948
1079	1079		Appeals.949
1080	1080		Any party dissatisfied with a decision rendered by the municipal court judge may seek an950
1081	1081		appeal with the Superior Court of Upson County as provided for under the laws of the State951
1082	1082		of Georgia regulating the appeals.952
1083	1083		SECTION 4.6.953
1084	1084		Rules for court.954
1085	1085		With the approval of the city council, the judge shall have full power and authority to make955
1086	1086		reasonable rules and regulations necessary and proper to secure the efficient and successful956
1087	1087		administration of the municipal court; provided, however, that the city council may adopt in957
1088	1088		part or in toto the rules and regulations applicable to municipal courts. The rules and958
1089	1089		regulations made or adopted shall be filed with the city clerk and made available for public959
1090		-	inspection upon reasonable request.960 23 LC 47 2247~~/AP~~
	1090	+	inspection upon reasonable request.960 23 LC 47 2247
1091	1091		H. B. 695
1092	1092		- 42 -
1093	1093		ARTICLE V.
1094	1094		961
1095	1095		ELECTIONS AND REMOVAL962
1096	1096		SECTION 5.1.963
1097	1097		Applicability of general law.964
1098	1098		All primaries and elections shall be held and conducted in accordance with the Georgia965
1099	1099		Election Code as set forth in Title 21, Chapter 2 of the O.C.G.A., as now or hereafter966
1100	1100		amended.967
1101	1101		SECTION 5.2.968
1102	1102		Nonpartisan Elections.969
1103	1103		Political parties shall not conduct primaries for city offices and all names of candidates for970
1104	1104		city offices shall be listed without party designations.971
1105	1105		SECTION 5.3.972
1106	1106		Time for holding regular elections.973
1107	1107		On the first Tuesday next following the first Monday in November of each odd-numbered974
1108	1108		year, a municipal election shall be held for council members as set out in this charter. On975
1109	1109		the first Tuesday next following the first Monday in November of every odd-numbered year,976
1110		-	a municipal election shall be held for the office of mayor as set forth in this charter.977 23 LC 47 2247~~/AP~~
	1110	+	a municipal election shall be held for the office of mayor as set forth in this charter.977 23 LC 47 2247
1111	1111		H. B. 695
1112	1112		- 43 -
1113	1113		SECTION 5.4.
1114	1114		978
1115	1115		Election dates and first term following adoption of charter.979
1116	1116		(a) At the municipal election to be held in 2023, there shall be elected a mayor to serve for980
1117	1117		a term of four years. Thereafter, successors to the office of mayor shall be elected at the981
1118	1118		regular municipal election which is held immediately preceding the expiration of the term982
1119	1119		of office and shall serve for a term of four years. There shall also be elected at said 2023983
1120	1120		election two councilmembers, one of whom shall be elected from Election District 1 to serve984
1121	1121		for a term of four years and one of whom shall be elected from Election District 2 for a term985
1122	1122		of four years. Thereafter, successors to the members of the council elected from Election986
1123	1123		Districts 1 and 2 shall be elected at the regular municipal election which is held immediately987
1124	1124		preceding the expiration of the terms of office and shall serve for terms of four years.988
1125	1125		(b) At the municipal election to be held in 2025, there shall be elected three989
1126	1126		councilmembers, one of whom shall be elected from Election District 3 to serve a term of990
1127	1127		four years, one of whom shall be elected from Election District 4 to serve for a term of four991
1128	1128		years, and the third of whom shall be elected at large to serve for a term of four years.992
1129	1129		Thereafter, successors to the members of the council elected from Election Districts 3 and 4993
1130	1130		and from the city at large shall be elected at the regular municipal election which is held994
1131	1131		immediately preceding the expiration of the terms of office and shall serve for terms of four995
1132	1132		years.996
1133	1133		SECTION 5.5.997
1134	1134		Special elections; vacancies.998
1135	1135		In the event that the office of mayor or any councilmember shall become vacant as provided999
1136	1136		in Section 2.5 of this charter, the city council, or those remaining, shall order a special1000
1137		-	election to fill the balance of the unexpired term of such official; provided, however, if such1001 23 LC 47 2247~~/AP~~
	1137	+	election to fill the balance of the unexpired term of such official; provided, however, if such1001 23 LC 47 2247
1138	1138		H. B. 695
1139	1139		- 44 -
1140	1140		vacancy occurs within 12 months of the expiration of the term of that office, the city council,
1141	1141		1002
1142	1142		or those remaining, shall appoint a successor for the remainder of the term. In all other1003
1143	1143		respects, the special election shall be held and conducted in accordance with the "Georgia1004
1144	1144		Election Code," Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended.1005
1145	1145		SECTION 5.6.1006
1146	1146		Elector eligibility.1007
1147	1147		Only the elector residents in a district shall have the right to vote in the election for the1008
1148	1148		councilmember from that district, and all of the electors of said city shall have the right to1009
1149	1149		vote on the mayor and the councilmember at large.1010
1150	1150		SECTION 5.7.1011
1151	1151		Voter registration procedures.1012
1152	1152		The procedure for the registration of electors in said city shall be as is provided by the1013
1153	1153		"Georgia Election Code," or by any law or laws which supersede the same. In the event that1014
1154	1154		voter registration procedures should hereafter cease to be governed by general laws, then the1015
1155	1155		governing authority of said city shall have authority to enact ordinances governing the same.1016
1156	1156		SECTION 5.8.1017
1157	1157		Majority vote required.1018
1158	1158		No candidate for city council nor the mayor shall be declared elected until he or she shall1019
1159		-	have received a majority of the votes of all qualified electors voting in the election.1020 23 LC 47 2247~~/AP~~
	1159	+	have received a majority of the votes of all qualified electors voting in the election.1020 23 LC 47 2247
1160	1160		H. B. 695
1161	1161		- 45 -
1162	1162		SECTION 5.9.
1163	1163		1021
1164	1164		Other provisions. 1022
1165	1165		Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe1023
1166	1166		such rules and regulations it deems appropriate to fulfill any options and duties under the1024
1167	1167		Georgia Election Code.1025
1168	1168		SECTION 5.10.1026
1169	1169		Removal of officers. 1027
1170	1170		(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall1028
1171	1171		be removed from office for any one or more of the causes provided in Title 45 of the1029
1172	1172		O.C.G.A., or such other applicable laws as are or may hereafter be enacted. 1030
1173	1173		(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished1031
1174	1174		one of the following methods:1032
1175	1175		(1) Following a hearing at which an impartial panel shall render a decision. In the1033
1176	1176		event an elected officer is sought to be removed by the action of the city council, such1034
1177	1177		officer shall be entitled to a written notice specifying the ground or grounds for1035
1178	1178		removal and to a public hearing which shall be held not less than ten days after the1036
1179	1179		service of such written notice. The city council shall provide by ordinance for the1037
1180	1180		manner in which the impartial panel shall be selected and such hearings shall be held.1038
1181	1181		Any elected officer sought to be removed from office as provided in this charter shall1039
1182	1182		have the right of appeal from the decision of the city council to the Superior Court of1040
1183	1183		Upson County. Such appeal shall be governed by the same rules as govern appeals1041
1184	1184		to the superior court from the probate court; and 1042
1185	1185		(2) By an order of the Superior Court of Upson County following a hearing on a1043
1186		-	complaint seeking such removal brought by any resident of the City of Thomaston.1044 23 LC 47 2247~~/AP~~
	1186	+	complaint seeking such removal brought by any resident of the City of Thomaston.1044 23 LC 47 2247
1187	1187		H. B. 695
1188	1188		- 46 -
1189	1189		ARTICLE VI.
1190	1190		1045
1191	1191		FINANCE1046
1192	1192		SECTION 6.1.1047
1193	1193		Property tax. 1048
1194	1194		The city council may assess, levy, and collect an ad valorem tax on all real and personal1049
1195	1195		property within the corporate limits of the city that is subject to such taxation by the state and1050
1196	1196		county. This tax is for the purpose of raising revenues to defray the costs of operating the1051
1197	1197		city government, of providing governmental services, for the repayment of principal and1052
1198	1198		interest on general obligations, and for any other public purpose as determined by the city1053
1199	1199		council in its discretion. 1054
1200	1200		SECTION 6.2.1055
1201	1201		Millage rate; due dates; payment methods. 1056
1202	1202		The city council, by ordinance, shall establish a millage rate for the city property tax, a due1057
1203	1203		date, and the time period within which these taxes must be paid. The city council, by1058
1204	1204		ordinance, may provide for the payment of these taxes by two installments or in one lump1059
1205	1205		sum, as well as authorize the voluntary payment of taxes prior to the time when due.1060
1206	1206		SECTION 6.3.1061
1207	1207		Occupation and business taxes. 1062
1208	1208		The city council, by ordinance, shall have the power to levy such occupation or business1063
1209		-	taxes as are not denied by law. The city council may classify businesses, occupations, or1064 23 LC 47 2247~~/AP~~
	1209	+	taxes as are not denied by law. The city council may classify businesses, occupations, or1064 23 LC 47 2247
1210	1210		H. B. 695
1211	1211		- 47 -
1212	1212		professions for the purpose of such taxation in any way which may be lawful and may
1213	1213		1065
1214	1214		compel the payment of such taxes as provided in Section 6.9.1066
1215	1215		SECTION 6.4.1067
1216	1216		Regulatory fees; permits. 1068
1217	1217		The city council, by ordinance, shall have the power to require businesses or practitioners1069
1218	1218		doing business within this city to obtain a permit for such activity from the city and pay a1070
1219	1219		reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect1071
1220	1220		the total cost to the city of regulating the activity, and if unpaid, shall be collected as1072
1221	1221		provided in Section 6.9.1073
1222	1222		SECTION 6.5.1074
1223	1223		Franchises.1075
1224	1224		(a) The city council shall have the power to grant franchises for the use of the city's streets1076
1225	1225		and alleys for the purposes of railroads, street railways, telephone companies, electric1077
1226	1226		companies, electric membership corporations, cable television, and other1078
1227	1227		telecommunications companies, gas companies, transportation companies, and other similar1079
1228	1228		organizations. The city council shall determine the duration, terms, whether the same shall1080
1229	1229		be exclusive or nonexclusive, and the consideration for such franchises; provided, however,1081
1230	1230		no franchise shall be granted for a period in excess of 35 years and no franchise shall be1082
1231	1231		granted unless the city receives just and adequate compensation therefor. The city council1083
1232	1232		shall provide for the registration of all franchises with the city clerk in a registration book1084
1233	1233		kept by the clerk. The city council may provide, by ordinance, for the registration within a1085
1234		-	reasonable time of all franchises previously granted.1086 23 LC 47 2247~~/AP~~
	1234	+	reasonable time of all franchises previously granted.1086 23 LC 47 2247
1235	1235		H. B. 695
1236	1236		- 48 -
1237	1237		(b) If no franchise agreement is in effect, the city council has the authority to impose a tax
1238	1238		1087
1239	1239		on gross receipts for the use of its city's streets and alleys for the purposes of railroads, street1088
1240	1240		railways, telephone companies, electric companies, electric membership corporations, cable1089
1241	1241		television and other telecommunications companies, gas companies, transportation1090
1242	1242		companies, and other similar organizations. 1091
1243	1243		SECTION 6.6.1092
1244	1244		Service charges. 1093
1245	1245		The city council, by ordinance, shall have the power to assess and collect fees, charges,1094
1246	1246		assessments, and tolls for sewers, sanitary, and health services, or any other services1095
1247	1247		provided or made available within and without the corporate limits of the city. If unpaid,1096
1248	1248		such charges shall be collected as provided in Section 6.9.1097
1249	1249		SECTION 6.7.1098
1250	1250		Special assessments. 1099
1251	1251		The city council, by ordinance, shall have the power to assess and collect the cost of1100
1252	1252		constructing, reconstructing, widening, or improving any public way, street, sidewalk,1101
1253	1253		curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property1102
1254		-	owners. If unpaid, such charges shall be collected as provided in Section 6.9. 1103 23 LC 47 2247~~/AP~~
	1254	+	owners. If unpaid, such charges shall be collected as provided in Section 6.9. 1103 23 LC 47 2247
1255	1255		H. B. 695
1256	1256		- 49 -
1257	1257		SECTION 6.8.
1258	1258		1104
1259	1259		Construction; other taxes and fees. 1105
1260	1260		This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,1106
1261	1261		and the specific mention of any right, power, or authority in this article shall not be construed1107
1262	1262		as limiting in any way the general powers of this city to govern its local affairs.1108
1263	1263		SECTION 6.9.1109
1264	1264		Collection of delinquent taxes and fees. 1110
1265	1265		The city council, by ordinance, may provide generally for the collection of delinquent taxes,1111
1266	1266		fees, or other revenue due the city under Sections 6.1 through 6.8 by whatever reasonable1112
1267	1267		means as are not precluded by law. This shall include providing for the dates when the taxes1113
1268	1268		or fees are due; late penalties or interest; issuance and execution of fi.fa.; creation and1114
1269	1269		priority of liens; making delinquent taxes and fees personal debts of the persons required to1115
1270	1270		pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees;1116
1271	1271		and providing for the assignment or transfer of tax executions.1117
1272	1272		SECTION 6.10.1118
1273	1273		General obligation bonds. 1119
1274	1274		The city council shall have the power to issue bonds for the purpose of raising revenue to1120
1275	1275		carry out any project, program, or venture authorized under this charter or the laws of the1121
1276	1276		state. Such bonding authority shall be exercised in accordance with the laws governing bond1122
1277		-	issuance by municipalities in effect at the time said issue is undertaken. 1123 23 LC 47 2247~~/AP~~
	1277	+	issuance by municipalities in effect at the time said issue is undertaken. 1123 23 LC 47 2247
1278	1278		H. B. 695
1279	1279		- 50 -
1280	1280		SECTION 6.11.
1281	1281		1124
1282	1282		Revenue bonds. 1125
1283	1283		Revenue bonds may be issued by the city council as state law now or hereafter provides.1126
1284	1284		Such bonds are to be paid out of any revenue produced by the project, program, or venture1127
1285	1285		for which they were issued. The Thomaston-Upson County Office Building Authority was1128
1286	1286		legislatively created in 1964 for the purpose of providing building and facilities for use by1129
1287	1287		the city and to finance such building and facilities by issuance of revenue bonds to be repaid1130
1288	1288		from rentals received by the authority from the city. The city may continue to obtain revenue1131
1289	1289		bonds through the Thomaston-Upson County Office Building Authority, and pay those bonds1132
1290	1290		as rent from any revenue.1133
1291	1291		SECTION 6.12.1134
1292	1292		Short-term loans.1135
1293	1293		The city may obtain short-term loans and must repay such loans not later than December 31st1136
1294	1294		of each year, unless otherwise provided by law.1137
1295	1295		SECTION 6.13.1138
1296	1296		Lease-purchase contracts. 1139
1297	1297		The city may enter into multi-year lease, purchase, or lease-purchase contracts for the1140
1298	1298		acquisition of goods, materials, real and personal property, services, and supplies; provided1141
1299	1299		the contract terminates without further obligation on the part of the municipality at the close1142
1300	1300		of the calendar year in which it was executed and at the close of each succeeding calendar1143
1301		-	year for which it may be renewed. Contracts must be executed in accordance with the1144 23 LC 47 2247~~/AP~~
	1301	+	year for which it may be renewed. Contracts must be executed in accordance with the1144 23 LC 47 2247
1302	1302		H. B. 695
1303	1303		- 51 -
1304	1304		requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are
1305	1305		1145
1306	1306		or may hereafter be enacted.1146
1307	1307		SECTION 6.14.1147
1308	1308		Fiscal year. 1148
1309	1309		The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the1149
1310	1310		budget year and the year for financial accounting and reporting of each and every office,1150
1311	1311		department, agency, and activity of the city government unless otherwise provided by state1151
1312	1312		or federal law.1152
1313	1313		SECTION 6.15.1153
1314	1314		Preparation of budgets. 1154
1315	1315		The city council shall provide an ordinance on the procedures and requirements for the1155
1316	1316		preparation and execution of an annual operating budget.1156
1317	1317		SECTION 6.16.1157
1318	1318		Submission of operating budget to city council. 1158
1319	1319		The city manager shall submit to the city council a proposed operating budget for the ensuing1159
1320	1320		fiscal year as set forth in paragraph (9) of Section 3.6. The budget may be accompanied by1160
1321	1321		a message from the city manager containing a statement of the general fiscal policies of the1161
1322	1322		city, the important features of the budget, explanations of major changes recommended for1162
1323	1323		the next fiscal year, a general summary of the budget, and such other pertinent comments and1163
1324		-	information as the city manager deems appropriate and necessary. The operating budget and1164 23 LC 47 2247~~/AP~~
	1324	+	information as the city manager deems appropriate and necessary. The operating budget and1164 23 LC 47 2247
1325	1325		H. B. 695
1326	1326		- 52 -
1327	1327		the capital budget hereinafter provided for, the budget message, and all supporting
1328	1328		1165
1329	1329		documents shall be filed in the office of the city clerk and shall be open to public inspection.1166
1330	1330		SECTION 6.17.1167
1331	1331		Action by city council on budget. 1168
1332	1332		(a) The city council may amend the operating budget proposed by the city manager;1169
1333	1333		provided, however, that the budget as finally amended and adopted must provide for all1170
1334	1334		expenditures required by state law or by other provisions of this charter and for all debt1171
1335	1335		service requirements for the ensuing fiscal year, and the total appropriations from any fund1172
1336	1336		shall not exceed the estimated fund balance, reserves, and revenues.1173
1337	1337		(b) The city council, by ordinance, shall adopt the final operating budget for the ensuing1174
1338	1338		fiscal year not later than the 31st day of December of each year. If the city council fails to1175
1339	1339		adopt the budget by this date, the amounts appropriated for operation for the current fiscal1176
1340	1340		year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all1177
1341	1341		items prorated accordingly until such time as the city council adopts a budget for the ensuing1178
1342	1342		fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting1179
1343	1343		out the estimated revenues in detail by sources and making appropriations according to fund1180
1344	1344		and by organizational unit, purpose, or activity as set out in the budget preparation. 1181
1345	1345		(c) The amount set out in the adopted operating budget for each organizational unit shall1182
1346	1346		constitute the annual appropriation for such, and no expenditure shall be made or1183
1347	1347		encumbrance created in excess of the otherwise unencumbered balance of the appropriations1184
1348		-	or allotment thereof, to which it is chargeable.1185 23 LC 47 2247~~/AP~~
	1348	+	or allotment thereof, to which it is chargeable.1185 23 LC 47 2247
1349	1349		H. B. 695
1350	1350		- 53 -
1351	1351		SECTION 6.18.
1352	1352		1186
1353	1353		Tax levies. 1187
1354	1354		The city council shall levy, by ordinance, such taxes as are necessary. The taxes and tax1188
1355	1355		rates set by such ordinances shall be such that reasonable estimates of revenues from such1189
1356	1356		levy shall at least be sufficient, together with other anticipated revenues, fund balances, and1190
1357	1357		applicable reserves, to equal the total amount appropriated for each of the several funds set1191
1358	1358		forth in the annual operating budget for defraying the expenses of the general government1192
1359	1359		of this city. 1193
1360	1360		SECTION 6.19.1194
1361	1361		Changes in appropriations. 1195
1362	1362		The city council, by ordinance, may make changes in the appropriations contained in the1196
1363	1363		current operating budget at any regular, special, or emergency meeting called for such1197
1364	1364		purpose.1198
1365	1365		SECTION 6.20.1199
1366	1366		Independent audit. 1200
1367	1367		There shall be an annual independent audit of all city accounts, funds, and financial1201
1368	1368		transactions by a certified public accountant selected by the city council. The audit shall be1202
1369	1369		conducted according to generally accepted auditing principles. Any audit of any funds by1203
1370	1370		the state or federal governments may be accepted as satisfying the requirements of this1204
1371		-	charter. Copies of annual audit reports shall be available at printing costs to the public.1205 23 LC 47 2247~~/AP~~
	1371	+	charter. Copies of annual audit reports shall be available at printing costs to the public.1205 23 LC 47 2247
1372	1372		H. B. 695
1373	1373		- 54 -
1374	1374		SECTION 6.21.
1375	1375		1206
1376	1376		Centralized purchasing. 1207
1377	1377		The city council shall, by ordinance, prescribe procedures for a system of centralized1208
1378	1378		purchasing for the city. 1209
1379	1379		SECTION 6.22.1210
1380	1380		Sale and lease of city property. 1211
1381	1381		(a) The city council may sell and convey, or lease any real or personal property owned or1212
1382	1382		held by the city for governmental or other purposes as now or hereafter provided by law. 1213
1383	1383		(b) The city council may quitclaim any rights it may have in property not needed for public1214
1384	1384		purposes upon report by the city manager and adoption of a resolution, both finding that the1215
1385	1385		property is not needed for public or other purposes and that the interest of the city has no1216
1386	1386		readily ascertainable monetary value. 1217
1387	1387		(c) Whenever in opening, extending or widening any street, avenue, alley or public place1218
1388	1388		of the city, a small parcel or tract of land is cutoff or separated by such work from a larger1219
1389	1389		tract or boundary of land owned by the city, the city council may authorize the city manager1220
1390	1390		to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining1221
1391	1391		property owner or owners where such sale and conveyance facilitates the enjoyment of the1222
1392	1392		highest and best use of the abutting owner's property. Included in the sales contract shall be1223
1393	1393		a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting1224
1394	1394		property owner shall be notified of the availability of the property and given the opportunity1225
1395	1395		to purchase said property under such terms and conditions as set out by ordinance. All deeds1226
1396	1396		and conveyances heretofore and hereafter so executed and delivered shall convey all title and1227
1397	1397		interest the city has in such property, notwithstanding the fact that no public sale after1228
1398		-	advertisement was or is hereafter made.1229 23 LC 47 2247~~/AP~~
	1398	+	advertisement was or is hereafter made.1229 23 LC 47 2247
1399	1399		H. B. 695
1400	1400		- 55 -
1401	1401		ARTICLE VII.
1402	1402		1230
1403	1403		GENERAL PROVISIONS.1231
1404	1404		SECTION 7.1.1232
1405	1405		Bonds for officials. 1233
1406	1406		The officers and employees of this city, both elective and appointive, shall execute such1234
1407	1407		surety or fidelity bonds in such amounts and upon such terms and conditions as the city1235
1408	1408		council shall from time to time require by ordinance or as may be provided by law. The1236
1409	1409		surety on the bond shall be a duly authorized guaranty or surety company, qualified to1237
1410	1410		transact business in this state.1238
1411	1411		SECTION 7.2.1239
1412	1412		Prior ordinances.1240
1413	1413		All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent1241
1414	1414		with this charter are hereby declared valid and of full effect and force until amended or1242
1415	1415		repealed by the city council.1243
1416	1416		SECTION 7.3.1244
1417	1417		Existing personnel and officers. 1245
1418	1418		Except as specifically provided otherwise by this charter, all personnel and officers of the1246
1419		-	city and their rights, privileges, and powers shall continue.1247 23 LC 47 2247~~/AP~~
	1419	+	city and their rights, privileges, and powers shall continue.1247 23 LC 47 2247
1420	1420		H. B. 695
1421	1421		- 56 -
1422	1422		SECTION 7.4.
1423	1423		1248
1424	1424		Pending matters. 1249
1425	1425		Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1250
1426	1426		contracts, and legal or administrative proceedings shall continue and any such ongoing work1251
1427	1427		or cases shall be completed by such city agencies, personnel, or offices as may be provided1252
1428	1428		by the city council. 1253
1429	1429		SECTION 7.5.1254
1430	1430		Construction. 1255
1431	1431		(a) Section captions in this charter are informative only and are not to be considered as a part1256
1432	1432		thereof.1257
1433	1433		(b) The word "shall" is mandatory and the word "may" is permissive.1258
1434	1434		(c) The singular shall include the plural, the masculine shall include the feminine, and vice1259
1435	1435		versa. 1260
1436	1436		SECTION 7.6.1261
1437	1437		Severability. 1262
1438	1438		If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1263
1439	1439		held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1264
1440	1440		or impair other parts of this charter unless it clearly appears that such other parts are wholly1265
1441	1441		and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1266
1442	1442		legislative intent in enacting this charter that each article, section, subsection, paragraph,1267
1443		-	sentence or part thereof be enacted separately and independently of each other.1268 23 LC 47 2247~~/AP~~
	1443	+	sentence or part thereof be enacted separately and independently of each other.1268 23 LC 47 2247
1444	1444		H. B. 695
1445	1445		- 57 -
1446	1446		SECTION 7.7.
1447	1447		1269
1448	1448		Local constitutional amendments.1270
1449	1449		Any amendments to the Constitution of the State of Georgia which authorize the City of1271
1450	1450		Thomaston to combine its water and sewerage system with its electric system and to issue1272
1451	1451		revenue bonds for construction of facilities for such combined systems which is set forth in1273
1452	1452		Res. Act 130, H.R. 361-816, Ga. L. 1964, p. 897, and continued in force and effect pursuant1274
1453	1453		to Article XI, Section I, Paragraph IV of the Constitution and Ga. L. 1985, p. 3739, together1275
1454	1454		with any other local constitutional amendments continued in force and effect under the1276
1455	1455		Constitution which grant the City of Thomaston other specific authority and those local laws1277
1456	1456		specifically continuing such amendments in force and effect, shall not be repealed by this1278
1457	1457		charter.1279
1458	1458		SECTION 7.8.1280
1459	1459		Repealer. 1281
1460	1460		Except as provided for in Section 7.7 of this charter:1282
1461	1461		(1) An Act to amend, consolidate, and supersede the several Acts incorporating the1283
1462	1462		City of Thomaston in the County of Upson, State of Georgia, approved March 1,1284
1463	1463		1933 (Ga. L. 1933, p. 1070), and all amendatory Acts thereto are hereby repealed in1285
1464	1464		their entirety; and 1286
1465		-	(2) All laws and parts of laws in conflict with this charter are hereby repealed. 1287 23 LC 47 2247~~/AP~~
	1465	+	(2) All laws and parts of laws in conflict with this charter are hereby repealed. 1287 23 LC 47 2247
1466	1466		H. B. 695
1467	1467		- 58 -
1468	1468		APPENDIX A
1469	1469		1288
1470	1470		User: Thomaston1289
1471	1471		Plan Name: Thomaston-20231290
1472	1472		Plan Type: Local1291
1473	1473		District 0011292
1474	1474		County Upson GA1293
1475	1475		VTD 2935610 - TOWN1294
1476	1476		Block 010402:1295
1477	1477		1003 1004 1006 1007 1015 1018 1019 1020 2000 2001 2002 30121296
1478	1478		3013 3017 3020 3021 3022 3023 3024 3025 3026 3027 3028 30291297
1479	1479		3030 3031 3032 4000 4002 4003 4004 4005 4009 4020 4021 40221298
1480	1480		4029 40301299
1481	1481		Block 010500:1300
1482	1482		1052 1055 1056 2022 2023 2024 2025 2026 2027 2028 2029 20301301
1483	1483		2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 20421302
1484	1484		2043 2045 3000 3001 3002 3003 3004 3005 3006 3007 3008 30161303
1485	1485		3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 30281304
1486	1486		3029 3030 3036 3037 3038 3039 3040 3041 4044 4056 4057 40581305
1487	1487		District 0021306
1488	1488		County Upson GA1307
1489	1489		VTD 2930555 - REDBONE1308
1490	1490		Block 010201:1309
1491	1491		1016 1029 10301310
1492		-	Block 010500:1311 23 LC 47 2247~~/AP~~
	1492	+	Block 010500:1311 23 LC 47 2247
1493	1493		H. B. 695
1494	1494		- 59 -
1495	1495		1016 1017 1018 1020 1021 1039 1040 1041 1057 4018
1496	1496		1312
1497	1497		VTD 2935610 - TOWN1313
1498	1498		Block 010201:1314
1499	1499		1022 1023 1024 1025 1026 1027 1028 1041 1059 1064 10651315
1500	1500		Block 010500:1316
1501	1501		1042 1044 1045 1046 1047 1048 1049 1050 1051 1053 1054 20001317
1502	1502		2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 20121318
1503	1503		2013 2014 2015 2016 2017 2018 2019 2020 2021 3009 3010 30111319
1504	1504		3012 3013 3014 3015 3031 3032 3033 3034 4033 4045 4050 40511320
1505	1505		4052 4053 4054 40551321
1506	1506		District 0031322
1507	1507		County Upson GA1323
1508	1508		VTD 2930555 - REDBONE1324
1509	1509		Block 010201:1325
1510	1510		1034 1035 1036 1037 1038 2024 2025 2030 2031 3028 30311326
1511	1511		VTD 2935610 - TOWN1327
1512	1512		Block 010201:1328
1513	1513		1042 1044 1045 1048 1051 1052 1053 1054 1055 1056 1057 10581329
1514	1514		1060 10621330
1515	1515		Block 010402:1331
1516	1516		2003 2004 2005 2006 2007 2008 2012 2013 2020 2021 2022 20231332
1517	1517		2024 2025 2026 2027 2028 2033 2034 3000 3001 3002 3003 30041333
1518	1518		3005 3006 3007 3008 3009 3010 3011 3014 3015 3016 3018 30191334
1519	1519		District 0041335
1520		-	County Upson GA1336 23 LC 47 2247~~/AP~~
	1520	+	County Upson GA1336 23 LC 47 2247
1521	1521		H. B. 695
1522	1522		- 60 -
1523	1523		VTD 2930561 - LINCOLN PARK
1524	1524		1337
1525	1525		Block 010401:1338
1526	1526		1043 2004 20171339
1527	1527		VTD 2935610 - TOWN1340
1528	1528		Block 010401:1341
1529	1529		1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 10111342
1530	1530		1012 1013 1014 1015 1017 1018 1019 1020 1021 1022 1028 10291343
1531	1531		1033 1034 1040 1050 1051 2000 20031344
1532	1532		Block 010402:1345
1533	1533		1008 1009 1010 1011 1012 1013 1014 1017 1029 1032 1033 10361346
1534	1534		1039 1045 2010 2014 2015 2016 2017 2018 2019 2029 2030 20311347
1535	1535		2032 4001 4006 4007 4008 4010 4011 4012 4013 4014 4015 40161348
1536	1536		4017 4018 4019 4023 4024 4025 4026 4027 4028 4031 4032 40331349
1537	1537		Block 010500:1350
1538	1538		20441351
1539	1539		Block 010600:1352
1540	1540		10511353