23 LC 47 2247/AP
H. B. 695
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House Bill 695 (AS PASSED HOUSE AND SENATE)
By: Representative Camp of the 135
th
A BILL TO BE ENTITLED
AN ACT
To provide a new charter for the City of Thomaston; to provide for reincorporation,
1
boundaries, and powers of the city; to provide for the exercise of powers and limitations on2
powers; to provide for vesting of property and assumption of prior debts; to provide for a3
governing authority of such city and the powers, duties, authority, prohibitions, election,4
election districts, terms, removal from office, method of filling vacancies, compensation,5
expenses, and qualifications; to provide for inquiries and investigations; to provide for power6
and duties of the mayor; to provide for conflict of interest and holding other offices; to7
provide for organization and meeting procedures; to provide for quorums and voting; to8
provide for emergencies; provide for ordinances; to provide for codes; to provide for the9
office of city manager, certain duties and powers relative, and removal from office; to10
provide for acting city manager; to provide for administrative responsibilities; to prohibit11
certain interferences with administration; to provide for boards, commissions, and12
authorities; to provide for a city attorney, city clerk, deputy city clerk, city auditor, and tax13
collector; to provide employee classification and pay plans; to provide for personnel policies14
to provide for the establishment of a municipal court and the judge or judges thereof; to15
provide for practices and procedures; to provide for municipal elections; to provide for16
taxation, permits, and fees; to provide for franchises, service charges, and assessments; to17
provide for bonded and other indebtedness; to provide for accounting and budgeting; to18 23 LC 47 2247/AP
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provide for capital improvements; to provide for contracting and purchasing; to provide for
19
sale of city property; to provide for bonds for officials; to provide for pending matters, prior20
ordinances, and existing personnel; to provide for definitions and construction; to provide21
for severability; to address certain local constitutional amendments; to provide for related22
matters; to repeal a specific Act; to repeal conflicting laws; and for other purposes.23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24
ARTICLE I.25
CREATION, REINCORPORATION, AND POWERS26
SECTION 1.1.27
Reincorporation.28
The City of Thomaston, in Upson County, and the inhabitants thereof, are reincorporated by29
the enactment of this charter and are hereby constituted and declared a body politic and30
corporate under the name and style of the City of Thomaston, Georgia, and by that name31
shall have perpetual succession.32
SECTION 1.2.33
Corporate boundaries.34
The corporate boundaries of this city shall be those existing on the effective date of the35
adoption of this charter with such alterations as may be made from time to time in the36
manner provided by law. The boundaries of this city shall at all times be shown on a map,37
a written description or any combination thereof, to be retained permanently as a public38
record in the office of the city manager at city hall, Thomaston, Georgia, and to be39 23 LC 47 2247/AP
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designated as the "Official Map of the City of Thomaston, Georgia." The original of such
40
map is expressly, by reference, incorporated herein as an integral part of this charter, and it41
shall be signed by the mayor and be attested thereto by the city clerk or deputy city clerk.42
Photographic, typed, or other copies of such map or description certified by the city clerk or43
deputy city clerk shall be admitted as evidence in all courts and shall have the same force and44
effect as the original map or description. All future alterations of said map or description,45
as directed by the council to reflect lawful changes in the corporate boundaries, shall be46
signed by the mayor and city clerk or deputy city clerk. A redrawn map or description shall47
supercede, for all purposes, the entire map or maps and description or descriptions which it48
is designated to replace.49
SECTION 1.3.50
Powers and construction.51
(a) The City of Thomaston shall have all powers possible for a city to have under the present52
and future construction and laws of the State of Georgia as fully and completely as though53
they were specifically enumerated in this charter. This city shall have all the powers of54
self-government not otherwise prohibited by this charter or by general law.55
(b) The powers of the City of Thomaston shall be constructed liberally in favor of the city.56
The specific mention or failure to mention particular powers shall not be construed as57
limiting in any way the powers of the city.58
SECTION 1.4.59
Examples of powers.60
The corporate powers of the City of Thomaston, Georgia, may include but are not limited to61
the following:62 23 LC 47 2247/AP
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(1) Animal regulations. To regulate and license or to prohibit the keeping or running
63
at large of animals and fowl, and to provide for the impoundment of same if in64
violation of any ordinance or lawful order; to provide for the disposition or sale, gift,65
or humane destruction of animals and fowl when not redeemed as provided by66
ordinance; and to provide punishment for violation of ordinances enacted hereunder;67
(2) Appropriations and expenditures. To make appropriations for the support of the68
government of the city; to authorize the expenditure of money for any purposes69
authorized by this charter and for any purpose for which a municipality is authorized70
by the laws of the State of Georgia; and to provide for the payment of expenses of the71
city;72
(3) Building regulation. To regulate and to license the erection and construction of73
buildings and all other structures; to adopt building, housing, plumbing, fire safety,74
electrical, gas, and heating and air conditioning codes; and to regulate all housing and75
building trades;76
(4) Business regulation and taxation. To levy and to provide for the collection of77
license fees, permit fees, and taxes on privileges, occupations, trades, and professions78
as authorized by Title 48 of the O.C.G.A, or other such applicable laws as are or may79
hereafter be enacted; to license, permit, and regulate the same; to provide for the80
manner and method of payment of such licenses, permits, and taxes; and to revoke81
such licenses after due process for failure to pay any city taxes or fees or for82
violations of licensing regulations;83
(5) Condemnation. To condemn property, inside and outside the corporate84
boundaries of the city, for present or future use and for any corporate purpose deemed85
necessary by the governing authority, utilizing procedures enumerated in Title 22 of86
the O.C.G.A., or such other applicable laws as are or may hereafter be enacted;87
(6) Contracts. To enter into contracts and agreements with other governmental88
entities and with private persons, firms, and corporations;89 23 LC 47 2247/AP
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(7) Electric fees. To levy a fee, charge, or tax as necessary to assure the acquiring,
90
constructing, equipping, operating, maintaining, and extending of an electric plant and91
the infrastructure thereof, and to levy on users an electric service fee, charge, or tax92
for the availability or use thereof; to provide for the manner and method of collecting93
such service charges and for enforcing payment of the same; and to charge, impose94
and collect an electric connection fee to those connected with the system;95
(8) Emergencies. To establish procedures for determining and proclaiming that an96
emergency situation exists within or without the city, and to make and carry out all97
reasonable provisions deemed necessary to deal with or meet such an emergency for98
the protection, safety, health, or well-being of the citizens of the city;99
(9) Environmental protection. To protect and preserve the natural resources,100
environment, and vital areas of the city, the region, and the state through the101
preservation and improvement of air quality, the restoration and maintenance of water102
resources, the control of erosion and sedimentation, the management of stormwater103
and establishment of a stormwater utility, the management of solid and hazardous104
waste, and other necessary actions for the protection of the environment;105
(10) Fire regulations. To fix and establish fire limits and from time to time to extend,106
enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with107
general law, relating to both fire prevention and detection and to firefighting; and to108
prescribe penalties and punishment for violations thereof;109
(11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash110
collection and disposal, and other sanitary service charge, tax, or fee for such services111
as may be necessary in the operation of the city from all individuals, firms, and112
corporations residing in or doing business therein and benefiting from such services;113
to enforce the payment of such charges, taxes, or fees; and to provide for the manner114
and method of collecting such service charges;115 23 LC 47 2247/AP
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(12) General health, safety, and welfare. To define, regulate, and prohibit any act,
116
practice, conduct, or use of property which is detrimental to health, sanitation,117
cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the118
enforcement of such standards and regulations;119
(13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source120
for any purpose related to powers and duties of the city and the general welfare of its121
citizens, on such terms and conditions as the donor or grantor may impose;122
(14) Health and sanitation. To prescribe standards of health and sanitation and to123
provide for the enforcement of such standards;124
(15) Jail sentences. To provide that persons given jail sentences in the city's court125
may work out such sentences in any public works or on the streets, roads, drains, and126
other public property in the city, to provide for commitment of such persons to any127
jail, to provide for the use of pretrial diversion and any alternative sentencing allowed128
by law, or to provide for commitment of such persons to any county work camp or129
county jail by agreement with the appropriate county officials;130
(16) Motor vehicles. To regulate the operation of motor vehicles and exercise control131
over all traffic, including parking upon or across the streets, roads, alleys, and132
walkways of the city;133
(17) Municipal agencies and delegation of power. To create, alter, or abolish134
departments, boards, offices, commissions, and agencies of the city, and to confer135
upon such departments, boards, offices, commissions, and agencies the necessary and136
appropriate authority for carrying out all the powers conferred upon or delegated to137
the same;138
(18) Municipal debts and issuance of bonds. To contract debts and issue bonds of139
said city as the valid obligations of said city, under and in accordance with the140
limitations provided in the Constitution and laws of said state, for the purpose of141
refunding valid and existing debts, establishing, improving, and maintaining a water142 23 LC 47 2247/AP
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supply system, a system of lights or electric power, any other public service or utility
143
system, hospitals, or other public buildings, for the paving or otherwise improving of144
city streets or public places, and for any other improvement, convenience, or necessity145
for the use of said city or the citizens thereof, or for any other lawful purpose. 146
(19) Municipal property ownership. To purchase, hold, rent, lease, and receive by147
gift or otherwise, and to enjoy, possess, and retain, temporarily or permanently, any148
property, real or personal, of any kind whatsoever either within or without the149
corporate limits of said city, for corporate purposes;150
(20) Municipal property protection. To provide for the preservation and protection151
of property, real and personal, and the administration and use of same by the public;152
and to prescribe penalties and punishment for violations thereof;153
(21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and154
dispose of public utilities, including but not limited to a system of waterworks, sewers155
and drains, sewage disposal, stormwater management, gas works, electric light plants,156
cable television, and other telecommunications, transportation facilities, public157
airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees,158
assessments, regulations, and penalties, and to provide for the withdrawal of service159
for refusal or failure to pay the same;160
(22) Nuisance. To define a nuisance and provide for its abatement whether on public161
or private property;162
(23) Penalties. To provide penalties for violation of any ordinances adopted pursuant163
to the authority of this charter and the laws of the State of Georgia;164
(24) Planning and zoning. To provide comprehensive city planning for development165
by zoning; and to provide subdivision regulation and the like as the city council166
deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing167
community;168 23 LC 47 2247/AP
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(25) Police and fire protection. To exercise the power of arrest through duly
169
appointed police officers, and to establish, operate, or contract for a police and170
firefighting agency;171
(26) Public hazards: removal. To provide for the destruction and removal of any172
building or other structure which is or may become dangerous or detrimental to the173
public;174
(27) Public improvements. To provide for the acquisition, construction, building,175
operation, and maintenance of public ways, parks, and playgrounds, recreational176
facilities, cemeteries, markets, and market houses, public buildings, libraries, public177
housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural,178
educational, recreational, conservation, sport, curative, detentional, penal and medical179
institutions, agencies and facilities; to provide any other public improvements, inside180
or outside the corporate limits of the city; to regulate the use of public improvements;181
and for such purposes, property may be acquired by condemnation under Title 22 of182
the O.C.G.A., or such other applicable laws as are or may hereafter be enacted;183
(28) Public peace. To provide for the prevention and punishment of loitering,184
disorderly conduct, drunkenness, riots, and public disturbances;185
(29) Public transportation. To organize and operate such public transportation186
systems as are deemed beneficial;187
(30) Public utilities and services. To grant franchises or make contracts for, or188
impose taxes on public utilities and public service companies; and to prescribe the189
rates, fares, regulations, and standards and conditions of service applicable to the190
service to be provided by the franchise grantee or contractor; insofar as not in conflict191
with valid regulations of the Public Service Commission;192
(31) Regulation of roadside areas. To prohibit or regulate and control the erection,193
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and194
any and all other structures or obstructions upon or adjacent to the rights-of-way of195 23 LC 47 2247/AP
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streets and roads or within view thereof, within or abutting the corporate limits of the
196
city; and to prescribe penalties and punishment for violation of such ordinances;197
(32) Retirement. To provide and maintain a retirement plan and other employee198
benefit plans and programs for elected officials, officers, and employees of the city;199
(33) Roadways. To lay out, open, extend, widen, narrow, establish, or change the200
grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or201
otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads,202
alleys, and walkways within the corporate limits of the city; to grant franchises and203
rights-of-way throughout the streets and roads, and over the bridges and viaducts for204
the use of public utilities; and to require real estate owners to repair and maintain in205
safe condition the sidewalks adjoining their lots or lands, and to impose penalties for206
failure to do so;207
(34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the208
acquiring, constructing, equipping, operating, maintaining, and extending of a sewage209
disposal plant and sewerage system, and to levy on users of sewers and sewerage210
systems a sewer service fee, charge, or sewer tax for the availability or use of the211
sewers; to provide for the manner and method of collecting such service charges and212
for enforcing payment of the same; and to charge, impose, and collect a sewer213
connection fee to those connected with the system;214
(35) Solid waste disposal. To provide for the collection and disposal of garbage,215
rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish,216
and refuse by others; and to provide for the separate collection of glass, tin,217
aluminum, cardboard, paper, and other recyclable materials, and to provide for the218
sale of such items;219
(36) Special areas of public regulation. To regulate or prohibit junk dealers and the220
manufacture and sale of intoxicating liquors; to regulate the transportation, storage,221
and use of combustible, explosive, and inflammable materials, the use of lighting and222 23 LC 47 2247/AP
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heating equipment, and any other business or situation which may be dangerous to
223
persons or property; to regulate and control the conduct of peddlers and itinerant224
traders, theatrical performances, exhibitions, and shows of any kind, by taxation or225
otherwise; to license and tax professional fortunetelling, palmistry, and massage226
parlors; and to restrict adult bookstores to certain areas;227
(37) Special assessments. To levy and provide for the collection of special228
assessments to cover the costs of any public improvements;229
(38) Taxes:230
(A) Ad valorem. To levy and provide for the assessment, valuation,231
revaluation, and collection of taxes on all property subject to taxation;232
(B) Other. To levy and collect such other taxes as may be allowed now or in233
the future by municipal governments;234
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit235
the number of such vehicles; to require the operators thereof to be licensed; to require236
public liability insurance on such vehicles in the amounts to be prescribed by237
ordinance; and to regulate the parking of such vehicles;238
(40) Water fees. To levy a fee, charge, or tax as necessary to assure the acquiring,239
constructing, equipping, operating, maintaining, and extending of a water plant and240
the infrastructure thereof, and to levy on users a water service fee, charge, or tax for241
the availability or use thereof; to provide for the manner and method of collecting242
such service charges and for enforcing payment of the same; and to charge, impose,243
and collect a water connection fee to those connected with the system;244
(41) Urban redevelopment. To organize and operate an urban redevelopment245
program; and246
(42) Other powers. To exercise and enjoy all other powers, functions, rights,247
privileges, and immunities necessary or desirable to promote or protect the safety,248
health, peace, security, good order, comfort, convenience, or general welfare of the249 23 LC 47 2247/AP
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city and its inhabitants; and to exercise all implied powers necessary or desirable to
250
carry into execution all powers granted in this charter as fully and completely as if251
such powers were fully stated herein; and to exercise all powers now or in the future252
authorized to be exercised by other municipal governments under other laws of the253
State of Georgia; and no listing of particular powers in this charter shall be held to be254
exclusive of others, nor restrictive of general words and phrases granting powers, but255
shall be held to be in addition to such powers unless expressly prohibited to256
municipalities under the Constitution or applicable laws of the State of Georgia.257
SECTION 1.5.258
Vesting of property owned at time of enactment.259
The title to any property, real or personal, within or without the corporate limits of said city,260
heretofore acquired by the City of Thomaston, with or without proper charter authority, is261
hereby vested in the City of Thomaston created by this charter, the acquisition thereof being262
hereby ratified and made lawful.263
SECTION 1.6.264
Assumption of former debts.265
The City of Thomaston created by this act is hereby made responsible, as a body corporate,266
for all legal undertakings, liabilities, and debts of the former City of Thomaston, whether for267
principal and interest or outstanding bonds, or other contracts or indebtedness.268 23 LC 47 2247/AP
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SECTION 1.7.
269
Exercise of powers.270
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies,271
or employees shall be carried into execution as provided by this charter. If this charter272
makes no provision, such shall be carried into execution as provided by ordinance or as273
provided by pertinent laws of the State of Georgia.274
ARTICLE II.275
CITY GOVERNMENT276
SECTION 2.1.277
Governing authority.278
The municipal government of the city shall consist of a mayor and five councilmembers, and279
shall be known as the "Mayor and City Council of the City of Thomaston, Georgia." The280
mayor and city council shall be the legislative branch of government and shall have281
governing authority of the city. The powers and authority of the mayor and city council shall282
be exercised in compliance with the provisions of this charter and as otherwise authorized283
by the laws of the State of Georgia.284
SECTION 2.2.285
Councilmembers and election districts.286
(a) One councilmember shall be elected from the entire city at large and shall serve as the287
mayor pro tempore. Four councilmembers shall be elected from the districts provided for288
in subsection (b) of this section.289 23 LC 47 2247/AP
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(b) For the purpose of electing district councilmembers the City of Thomaston shall be
290
divided into four districts which shall correspond to those four numbered districts described291
in Appendix A attached to and made a part of this Act and further identified as "User:292
Thomaston Plan Name: Thomaston-2023 Plan Type: Local". 293
(c)(1) For the purposes of such plan:294
(A) The term "VTD" shall mean and describe the same geographical295
boundaries as provided in the report of the Bureau of the Census for the United296
States decennial census of 2020 for the State of Georgia. The separate297
numeric designations in a district description which are underneath a VTD298
heading shall mean and describe individual Blocks within a VTD as provided299
in the report of the Bureau of the Census for the United States decennial300
census of 2020 for the State of Georgia; and301
(B) Except as otherwise provided in the description of any district, whenever302
the description of any district refers to a named city, it shall mean the303
geographical boundaries of that city as shown on the census maps for the304
United States decennial census of 2020 for the State of Georgia.305
(2) Any part of the city which is not included in any district described in306
subsection (b) of this section shall be included within that district contiguous to such307
part which contains the least population according to the United States decennial308
census of 2020 for the State of Georgia.309
(3) Except for any incorporated island, any part of the city which is described in310
subsection (b) of this section as being included in a particular district shall311
nevertheless not be included within such district if such part is not contiguous to such312
district. Such noncontiguous part shall instead be included within that district313
contiguous to such part which contains the least population according to the United314
States decennial census of 2020 for the State of Georgia.315 23 LC 47 2247/AP
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SECTION 2.3.
316
Mayor and city council qualifications and terms.317
(a) The mayor and each member of city council shall serve for a period of four years in each318
term for which they are elected. The mayor and each member of city council in office on the319
effective date of this section shall serve the remainder of his or her term of office for which320
he or she was elected.321
(b) No person shall be eligible to serve as mayor or city council member unless he or she322
is a qualified municipal voter, has attained the age of 21 years on the date of the election, and323
shall have been a resident of the city for one year immediately prior to the date of his or her324
election. No person who has been convicted of a felony or misdemeanor involving moral325
turpitude shall be eligible to be elected as mayor or councilmember unless that person's civil326
rights have been restored.327
( c) No person shall be eligible to serve as a councilmember representing an election district328
unless that person has been a resident of the district such person seeks to represent for a329
continuous period of at least six months immediately prior to the date of the election for330
councilmember.331
(d) If the mayor or any councilmember fails to continue to meet the residency requirements332
set forth above, during his or her term of office, he or she shall immediately resign from333
office or, upon failure to resign, be removed from office by operation of law.334
(e) Those persons currently elected to hold office of mayor or councilmember shall continue335
to serve in said position until their successors are duly elected and qualified as provided by336
law.337 23 LC 47 2247/AP
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SECTION 2.4.
338
Holding other office.339
Except where authorized by law, the mayor or any councilmember shall not hold any other340
city office or city employment during the term for which that person was elected. No former341
mayor and no former councilmember shall hold any appointive office in the city until one342
year after the expiration of the term for which that official was elected.343
SECTION 2.5.344
Vacancies and the filling of vacancies of office.345
(a) The office of mayor or councilmember shall become vacant upon the incumbent's death,346
resignation, forfeiture of office, or occurrence of an event specified by the Constitution of347
the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may348
hereafter be enacted.349
(b) A vacancy in the office of mayor or any councilmember shall be filled for the remainder350
of the unexpired term, if any, by appointment by the city council or those members351
remaining if less than 12 months remaining in the unexpired term. If the vacancy occurs 12352
months or more prior to the expiration of the term of that office, it shall be filled for the353
remainder of the unexpired term by a special election, as provided with Titles 21 and 45 of354
the O.C.G.A., or other such laws as are or may hereafter be enacted.355
(c) This provision shall also apply to a temporary vacancy created by the suspension from356
office of the mayor or any councilmember and to a vacancy that occurs when the mayor or357
any councilmember no longer meets the residency requirements as set forth in Section 2.3.358 23 LC 47 2247/AP
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SECTION 2.6.
359
Compensation and expenses.360
(a) The mayor and each councilmember shall receive an annual salary and other benefits that361
are not prohibited by law, which shall be established by ordinance adopted in accordance362
with state law, and said salary shall be paid in 12 equal payments on or by the end of each363
month.364
(b) In addition to their annual salary, the mayor and each councilmember may be reimbursed365
for actual out of pocket expenses incurred on behalf of the city and within the scope of their366
representation thereof as provided by ordinance.367
SECTION 2.7.368
Inquiries and investigations.369
Following the adoption of an authorizing resolution, the mayor and city council may make370
inquiries and investigations into the affairs of the city and the conduct of any department,371
office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take372
testimony, and require the production of documents, records, recordings, or other evidence.373
Any person who fails or refuses to obey a lawful order issued in the exercise of these powers374
by the mayor and city council shall be punished as provided by ordinance. The mayor, or375
in his or her absence the mayor pro tempore, shall have authority to issue subpoenas and376
administer oaths.377 23 LC 47 2247/AP
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SECTION 2.8.
378
General power and authority of the mayor and city council.379
(a) Except as otherwise provided by law or this charter, the mayor and city council shall be380
vested with all the powers of government of the City of Thomaston.381
(b) In addition to the powers conferred by law, the mayor and city council shall have the382
authority to adopt and provide for the execution of such ordinances, resolutions, and rules383
and regulations which are not inconsistent with this charter and the Constitution and the laws384
of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace,385
good order, protection of life and property, health, welfare, sanitation, comfort, convenience,386
prosperity, or well-being of the inhabitants of the City of Thomaston and may enforce such387
ordinances by imposing penalties for violation thereof.388
(c) The mayor and city council is hereby empowered to acquire, construct, operate, and389
maintain public ways, parks, public grounds, cemeteries, markets, market houses, public390
buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas391
systems, airports, hospitals, and charitable, educational, recreational, sports, curative,392
corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other393
public improvements inside or outside the city, and to regulate the use thereof, and for such394
purposes, property may be condemned under procedures established by general law395
applicable now or as provided in the future.396
SECTION 2.9.397
Duties and powers of mayor.398
The mayor shall have the following duties and powers:399
(1) Preside at meetings of city council;400 23 LC 47 2247/AP
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(2) Vote on the appointment of city manager, city attorney, city clerk, municipal
401
court judge, and auditor;402
(3) Other than as allowed by paragraph (2) of this section, the mayor may not vote403
at meetings of the mayor and city council, except in the event of a tied vote by the404
council on any questions, resolutions, or measure;405
(4) Veto power on decisions except those on which the mayor's vote is cast as set406
forth in paragraphs (2) and (3) of this section or in which he or she has a financial407
interest or conflict of interest as set forth in Section 2.11, and said veto power must408
be exercised within three days after the passage of any measure, ordinance, order, or409
resolution of the city council; failure to exercise the veto power shall result in the410
passage of the measure, ordinance, order, or resolution as approved by the majority411
vote of city council; and said veto must be in writing setting forth the mayor's reasons412
for disapproval and filed with the city clerk or deputy city clerk, and should the mayor413
exercise his or her veto power, the measure, ordinance, order, or resolution shall not414
become a law or enforceable unless subsequently passed over the mayor's veto of at415
least four councilmembers;416
(5) Disapprove or reduce any item or items of appropriation in any ordinance. The417
approved part or parts of any ordinance making appropriations shall become law, and418
the part or parts disapproved shall not become law unless subsequently passed by the419
city council over the mayor's veto as provided in paragraph (4) of this section. The420
reduced part or parts shall be presented to city council as though disapproved and421
shall not become law unless overridden by the city council as provided paragraph (4)422
of this section;423
(6) May approve in writing any measure passed by the city council and it shall go424
into effect immediately;425 23 LC 47 2247/AP
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(7) Sign as a matter of course on behalf of the city written and approved contracts,
426
ordinances, and other instruments executed by the city which by law are required to427
be in writing;428
(8) Have power to administer oaths and to take affidavits; and429
(9) Be the head of the city for the purpose of service of process and for ceremonial430
purposes, and be the official spokesperson for the city and the chief advocate of431
policy.432
SECTION 2.10.433
Duties and powers of mayor pro tempore.434
(a) The mayor pro tempore shall, in the absence, disability, or disqualification of the mayor,435
perform all the duties and exercise all the rights, powers, and privileges of the office of436
mayor. Any such disability or disqualification shall be declared by a majority of all437
councilmembers.438
(b) Mayor pro tempore, when acting as mayor, shall continue to vote as a member of the city439
council.440
SECTION 2.11.441
Fiduciary capacity; conflict of interest; and voting when financial interest. 442
(a) Elected and appointed officers of the city are trustees and servants of the residents of the443
city and shall act in a fiduciary capacity for the benefit of such residents. 444
(b) Any elected official, appointed officer, or employee who shall have any financial445
interest, directly or indirectly, in any contract or matter pending before or within any446
department of the city shall disclose such interest to the city council. The mayor or any447
councilmember who has a financial interest in any matter pending before the city council448 23 LC 47 2247/AP
H. B. 695
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shall disclose such interest and such disclosure shall be entered on the records of the city
449
council, and that official shall disqualify himself or herself from participating in any decision450
or vote relating thereto. If the mayor is disqualified from participating in any decision or451
vote pursuant to this provision, he or she shall also be disqualified from exercising his or her452
veto power in any decision related to his or her disqualification. Any elected official,453
appointed officer, or employee of any agency or political entity to which this charter applies454
who shall have any financial interest, directly or indirectly, in any contract or matter pending455
before or within such entity shall disclose such interest to the governing body of such agency456
or entity. 457
SECTION 2.12.458
Organizational meetings.459
The city council shall hold an organizational meeting on the first regular meeting in January460
of each year. The meeting shall be called to order by the mayor and the oath of office shall461
be administered to the newly elected members as follows:462
"I do solemnly swear or affirm that I will faithfully discharge the duties devolved on463
me as mayor/councilmember of the City of Thomaston; that I will faithfully execute464
and enforce the laws of said city, the United States Constitution and the Constitution465
of the State of Georgia, to the best of my ability, skill, and knowledge; and that I will466
do all in my power to promote the general welfare of the inhabitants of said city and467
common interest thereof.468
I do further swear or affirm that I am not the holder of any unaccounted for public469
money due this state or any political subdivision or authority thereof. I am not the470
holder of any office of trust under the government of the United States, any other471
state, or any foreign state which I by the laws of the State of Georgia am prohibited472
from holding. So help me God."473 23 LC 47 2247/AP
H. B. 695
- 21 -
SECTION 2.13.
474
Regular and special meetings.475
(a) The mayor and city council shall have full power to fix the time, place, and rules of476
procedure of their regular sessions. The mayor, or a majority of the city council, shall have477
power to convene the city council in special session by delivering written notice thereof478
personally to the mayor and to each councilman at least 24 hours prior to the convening of479
such meeting. Such notice to councilmembers shall not be required if the mayor and all480
councilmembers are present when the special meeting is called. Such notice of any special481
meeting may be waived by a councilmember in writing before or after such a meeting, and482
attendance at the meeting shall constitute a waiver of notice on any business transacted in483
such councilmember's presence. The mayor and city council shall have full and ample power484
to do and perform any of their duties or exercise any of their powers at a special or called485
session as at a regular session. Only the business stated in the call may be transacted at the486
special meeting.487
(b) All meetings of the city council shall be open to the public to the extent required by law488
and notice to the public of special meetings shall be made fully as is reasonably possible as489
provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or490
may hereafter be enacted. For each meeting, minutes shall be kept of the proceedings491
wherein the actions taken are recorded.492
SECTION 2.14.493
Rules of procedure.494
The city council shall adopt its rules of procedure and order of business consistent with the495
provisions of this charter and shall provide for keeping a journal of its proceedings which496
shall be a public record. The rules of procedure and order in place at the time this charter497 23 LC 47 2247/AP
H. B. 695
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is enacted, and as previously adopted, shall remain in effect until such time as city council
498
deems it appropriate and necessary to amend all or a portion thereof.499
SECTION 2.15.500
Quorum; voting.501
Four councilmembers or three councilmembers and mayor shall constitute a quorum of the502
city council. Voting on the adoption of ordinances, resolutions, contracts, or other matters503
brought before city council shall be by voice vote, and the ayes and nays shall be recorded504
in the minutes. The mayor or any member of the city council shall have the right to request505
a roll call vote, and such vote shall be recorded in the minutes. The vote of the majority of506
those present shall control. A councilmember who abstains from voting must abstain on the507
basis of an announced conflict of interest or other legal ground, and in the absence thereof,508
the abstention shall be counted as an affirmative vote.509
SECTION 2.16.510
Ordinances form; procedures.511
(a) Every proposed ordinance should be introduced in writing and in the form required for512
final adoption.513
(b) An ordinance may be introduced by any councilmember, the mayor, or the city manager514
and be read at a regular or special meeting of the city council. Ordinances shall be515
considered and adopted or rejected by the city council in accordance with the rules which it516
shall establish; provided, however, an ordinance shall not be adopted the same day it is517
introduced, except for emergency ordinances provided in Section 2.18 or unless it is518
unanimously approved by all members of city council then in office. Said ordinance may519
be amended, corrected, or revised. Upon introduction of any ordinance, the city clerk or520
deputy city clerk shall, as soon as possible, distribute a copy to the mayor and each521 23 LC 47 2247/AP
H. B. 695
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councilmember and shall file a reasonable number of copies in the office of the clerk and at
522
such other public places as the city council may designate.523
SECTION 2.17.524
Action requiring an ordinance.525
Acts of the city council which have the force and effect of law shall be enacted by ordinance.526
SECTION 2.18.527
Emergencies.528
To meet a public emergency affecting life, health, property, or public peace, the city council529
may convene on call of the mayor or four councilmembers and promptly adopt an emergency530
ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise;531
regulate the rate charged by any public utility for its services; or authorize the borrowing of532
money except for loans to be repaid within 30 days. An emergency ordinance shall be533
introduced in the form prescribed for ordinances generally, except that it shall be plainly534
designated as an emergency ordinance and shall contain, after the enacting clause, a535
declaration stating that an emergency exists, and describing the emergency in clear and536
specific terms. An emergency ordinance may be adopted, with or without amendment, or537
rejected at the meeting at which it is introduced, but the affirmative vote of at least four538
councilmembers shall be required for adoption. The emergency ordinance shall become539
effective upon adoption or at such later time as it may specify. Every emergency ordinance540
shall automatically stand repealed 30 days following the date upon which it was adopted, but541
this shall not prevent reenactment of the ordinance in the manner specified in this section if542
the emergency still exists. An emergency ordinance may also be repealed by adoption of a543
repealing ordinance in the same manner specified in this section for adoption of emergency544
ordinances.545 23 LC 47 2247/AP
H. B. 695
- 24 -
SECTION 2.19.
546
Codes of technical regulations.547
(a) The city council may adopt any standard code of technical regulations by reference548
thereto in an adoption ordinance. The procedure and requirements governing such adopting549
ordinance shall be as prescribed for ordinances generally except that:550
(1) The requirements of Section 2.16 for distribution and filing of copies of the551
ordinance shall be construed to include copies of any code of technical regulations,552
as well as the adopting ordinance; and 553
(2) A copy of each adopted code of technical regulations, as well as the adopting554
ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.20.555
(b) Copies of any adopted code of technical regulations shall be made available by the clerk556
for inspection by the public at a reasonable cost.557
SECTION 2.20.558
Signing; authenticating; recording; codification; printing.559
(a) The city clerk or deputy city clerk shall authenticate by his or her signature and record560
in full, in a properly indexed book kept for that purpose, all ordinances adopted by the city561
council.562
(b) The city council shall provide for the preparation of a general codification of all the563
ordinances of the city having the force and effect of law. The general codification shall be564
adopted by the city council by ordinance and shall be published promptly, together with all565
amendments thereto and such codes of technical regulations and other rules and regulations566
as the city council may specify. This compilation shall be known and cited officially as "The567
Code of the City of Thomaston, Georgia." Copies of the code shall be furnished to or made568 23 LC 47 2247/AP
H. B. 695
- 25 -
accessible by all officers, departments, and agencies of the city, and made available for
569
purchase by the public at a reasonable price as fixed by the city council.570
(c) The city council shall cause each ordinance and each amendment to this charter to be571
printed promptly following its adoption, and such printed ordinances and charter572
amendments shall be made available for purchase by the public at reasonable prices to be573
fixed by the city council. Following publication of the first code under this charter and at574
any time thereafter, the ordinances and charter amendments shall be printed in substantially575
the same style as the code currently in effect and shall be suitable in form for incorporation576
therein. The city council shall make such further arrangements as deemed desirable with577
reproduction and distribution of any current changes in or additions to codes of technical578
regulations and other rules and regulations included in the code.579
ARTICLE III.580
ADMINISTRATIVE AFFAIRS581
SECTION 3.1.582
Organization.583
The city government shall continue as presently organized, unless and until otherwise584
provided by ordinance. The mayor and city council may by such ordinances establish,585
abolish, merge, or consolidate offices, positions of employment, departments, and agencies586
of the city; may provide that the same person shall fill a number of offices and positions of587
employment; and may transfer or change the functions and duties of offices, positions of588
employment, departments, and agencies of the city.589 23 LC 47 2247/AP
H. B. 695
- 26 -
SECTION 3.2.
590
Administrative duties of mayor.591
The mayor shall be the presiding officer of the city council.592
SECTION 3.3.593
City manager: appointment, qualifications, and compensation.594
(a) The mayor and city council shall appoint a city manager for an indefinite term and shall595
fix the manager's compensation. 596
(b) The city manager shall be the chief executive officer and the head of the administrative597
branch of the city government. The city manager shall be chosen by the mayor and city598
council solely on the basis of his or her executive and administrative qualifications, with599
special reference to his actual experience in, or his or her knowledge of, accepted practice600
in respect to the duties of his or her office as hereinafter outlined.601
(c) The minimum qualifications for the city manager are as follows:602
(1) A master's degree together with two years of experience in any position through603
which, in the discretion of the mayor and city council, the applicant has gained the604
skills, knowledge and experience necessary to fulfill the responsibilities and tasks of605
city manager or a bachelor's degree with five years of experience in any position606
through which, in the discretion of the mayor and city council, the applicant has607
gained the skills, knowledge, and experience necessary to fulfill the responsibilities608
and tasks of city manager;609
(2) At least 21 years of age; and610
(3) No misdemeanor or felony convictions involving moral turpitude.611
(d) During his or her tenure, the city manager shall not engage in any other business or612
employment, unless otherwise specifically allowed by his or her employment agreement.613 23 LC 47 2247/AP
H. B. 695
- 27 -
(e) No person elected as mayor or as a councilman of the City of Thomaston shall,
614
subsequent to such election, be eligible for appointment as city manager until two years have615
elapsed following the expiration of the term for which he or she was elected. 616
(f) The city manager is employed at will and may be summarily removed from office at any617
time by the city council subject to the termination provisions set forth in the employment618
agreement entered into between the city and the city manager.619
SECTION 3.4.620
Removal of city manager.621
The mayor and city council may, by affirmative vote of a majority, remove or suspend the622
city manager from office through adoption of a preliminary resolution which must state the623
reasons for such removal or suspension. The removal or suspension may be effective624
instanter, and if so provided by such resolution, in the event of removal or suspension, the625
city manager's entitlement to continue receiving compensation shall be at the sole discretion626
of the city council to the extent that said discretion is not otherwise limited or prohibited by627
the provisions and terms set forth in the city manager's contract of employment. The action628
of the mayor and city council in removing or suspending the city manager shall be final and629
conclusive and not subject to review except for constitutional questions, and this provision630
shall, by operation of law, be and become a part of any contract of employment between the631
city manager and the City of Thomaston. A copy of a resolution removing or suspending the632
city manager shall be certified by the city clerk or deputy city clerk and served upon the city633
manager.634 23 LC 47 2247/AP
H. B. 695
- 28 -
SECTION 3.5.
635
Acting city manager.636
In the case of absence, disability, or suspension of the city manager, or in case of a vacancy637
in the office, the mayor and city council may designate a person meeting the qualifications638
set forth in Section 3.3(c) to temporarily perform the duties of the city manager during such639
absence, disability, suspension, or vacancy. 640
SECTION 3.6.641
Powers and duties of the city manager.642
The city manager shall be the chief executive and administrative officer of the city. The city643
manager shall be responsible to the city council for the efficient administration of all city644
affairs placed in the city manager's charge by or under this charter. As the chief executive645
and administrative officer, the city manager shall:646
(1) See that all laws and ordinances of the city are enforced;647
(2) Appoint, subject to the confirmation of the mayor and city council, the heads of648
such departments as the mayor and city council shall from time to time establish, and649
to appoint, without the confirmation of the mayor and city council, such other officers650
and employees as may be necessary or proper; provided that excepted from this651
power of appointment are its officers and employees who, by this charter, are652
appointed or elected by the mayor and city council; 653
(3) Remove department heads of the City of Thomaston without the consent of the654
mayor and city council, but only after formal consultation with the mayor and city655
council; to remove other officers and employees of the City of Thomaston without the656
consent of or formal consultation with the mayor and city council, provided he or she657 23 LC 47 2247/AP
H. B. 695
- 29 -
shall not have the right to remove those officers and employees who, by this charter,
658
are appointed or elected by the mayor and city council;659
(4) Fix all salaries and compensation of the department heads of the various city660
departments within the minimum and maximum limits prescribed by city council, and661
to fix all salaries and compensation of all other city employees lawfully employed by662
him or her;663
(5) Exercise supervision and control of all departments of the city that are now or664
may hereafter be created by the mayor and city council, except as otherwise provided665
for in this charter;666
(6) Attend all meetings of the mayor and city council, except for closed meetings667
held for the purpose of deliberating on the appointment, discipline, or removal of the668
city manager, with a right to take part in the discussion, but having no vote. The city669
manager shall be entitled to notice of all special meetings of the mayor and city670
council;671
(7) Recommend to the mayor and city council the adoption of such measures,672
ordinances, and resolutions as he or she may deem necessary or expedient;673
(8) Make and execute lawful contracts, except as otherwise provided for in this674
charter, on behalf of the city as to matters within his or her jurisdiction, except such675
as may be otherwise provided by law or by ordinances passed by the mayor and city676
council; provided, however, no electric light, water, or other public utility plant or677
system now or hereafter owned by the City of Thomaston shall be sold, leased, or678
otherwise disposed of except in strict compliance with the laws of the State of679
Georgia and the provisions of the charter of the City of Thomaston, nor shall any680
realty of any kind or character be purchased except when so authorized by the mayor681
and city council, nor shall any other property now or hereafter owned by said city,682
either real or personal, be sold, leased or otherwise disposed of except in strict683
accordance with the provisions of charter;684 23 LC 47 2247/AP
H. B. 695
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(9) Submit to the mayor and city council, for their consideration, a budget of the
685
proposed expenditures of the city for the ensuing year, the probable revenue for that686
year and from what sources it is excepted. The city manager shall submit the687
proposed budget to mayor and city council in a timely manner so as to allow688
sufficient time for adoption thereof prior to the beginning of the next fiscal year for689
which the budget has been prepared. Said annual budget shall show in as much detail690
as practicable the amount allotted to each department of the city government. Said691
budget, as submitted by the city manager, shall be subject to the approval of the692
mayor and city council, who may make such changes therein as they shall deem693
advisable. Additional provisions regarding the adoption of the budget are set forth694
in Section 6.17. Upon the approval of said annual budget by the mayor and city695
council, thereafter, no part of any amount allotted to any department shall be696
expended by the city manager on account of any other department except with the697
prior consent of the mayor and city council, and the city manager shall not expend for698
any department during any calendar quarter of said year any amount that exceeds699
one-fourth of the amount budgeted for said department in said annual budget, except700
with the previous consent and approval of the mayor and city council;701
(10) Keep the mayor and city council at all times fully advised as to the financial702
condition and needs of the city;703
(11) Make such other reports as the mayor and city council may require showing the704
operations and expenditures of each department of the city which are subject to the705
manager's direction and supervision;706
(12) Perform such other duties as may be required by ordinance or resolution of the707
mayor and city council;708
(13) Be the purchasing agent for the city and make all purchases of supplies for the709
various departments of the city and shall approve all vouchers for the same; provided,710
however, the mayor and city council shall fix a maximum monetary limit which the711 23 LC 47 2247/AP
H. B. 695
- 31 -
city manager, as such purchasing agent for the city, shall not exceed in any single
712
purchase without the prior approval of the mayor and city council. The city manager713
shall have the power and discretion to designate an assistant purchasing agent to assist714
him or her with these duties. The mayor and city council may from time to time,715
through adoption by resolution, amend this maximum monetary limit either upwards716
or downwards. The city manager shall continue to have the maximum monetary limit717
approved prior to the approval of this enactment until such time as that limit is718
amended as set forth in this charter. Further, the mayor and city council may, by719
resolution, require competitive bids on purchases under such rules and regulations as720
the mayor and city council may from time to time prescribe;721
(14) Submit, within the time required by law, a detailed financial report of the affairs722
of the city, which report shall be audited by the city auditor; and723
(15) Perform other such duties as are specified in this charter or as may be required724
by city council.725
SECTION 3.7.726
Administrative and service departments.727
(a) Except as otherwise provided in this charter, the city council, by ordinance, may728
prescribe the functions or duties, and establish, abolish, alter, consolidate, or leave vacant729
all nonelective offices, positions of employment, departments, and agencies of the city, as730
necessary for the proper administration of the affairs and government of this city.731
(b) Except as otherwise provided by this charter or by law, the department heads or other732
appointed officers of the city shall be appointed solely on the basis of their respective733
administrative and professional qualifications.734
(c) There shall be a department head of each department or agency who shall be its principal735
officer. Each department head shall, subject to the direction and supervision of the city736 23 LC 47 2247/AP
H. B. 695
- 32 -
manager, be responsible for the administration and direction of the affairs and operations of
737
his or her department or agency.738
(d) All department heads under the supervision of the city manager shall be selected by the739
city manager and selection thereof shall be approved by the city council.740
(f) The city manager may suspend or remove department heads under his or her supervision.741
SECTION 3.8.742
City council interference with administration.743
Except for the purpose of inquiries and investigations under Section 2.7 of this charter, the744
city council or its members shall deal with city officers and employees who are subject to745
the direction and supervision of the city manager solely through the city manager, and746
neither the city council nor its members shall give orders to any such officer or employee747
either publicly or privately.748
SECTION 3.9.749
Boards, commissions, and authorities.750
(a) The city council shall create by ordinance such boards, commissions, and authorities to751
fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems752
necessary, and shall by ordinance establish the composition, period of existence, duties, and753
powers thereof in accordance with any applicable state law.754
(b) All members of boards, commissions, and authorities of the city shall be appointed by755
the city council for such terms of office and in such manner as shall be provided by756
ordinance, except where other appointing authority, terms of office, or manner of757
appointment is prescribed by this charter or state law.758 23 LC 47 2247/AP
H. B. 695
- 33 -
(c) The city council, by ordinance, may provide for the compensation and reimbursement
759
for actual and necessary expenses of the members of any board, commission, or authority.760
(d) No member of any board, commission, or authority shall hold any elective office in the761
city, except as provided by charter or by law; however, this provision shall not prohibit city762
councilmembers or the mayor from being members on any board or authority created or763
co-created by the city, such as the Thomaston-Upson County Office Building Authority,764
Thomaston-Upson County Industrial Authority, and the Downtown Development Authority.765
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the766
unexpired term in the manner prescribed herein for original appointment, except as otherwise767
provided by this charter or by law.768
(f) No member of a board, commission, or authority shall assume office until that person has769
executed and filed with the city clerk or deputy city clerk an oath obligating himself or770
herself to faithfully and impartially perform the duties of that member's office, such oath to771
be prescribed by ordinance and administered by the mayor. This provision shall be772
applicable to all members added after the approval of this charter.773
(g) All board members serve at will and may be removed at any time by a vote of four774
members of the city council unless otherwise provided by law.775
(h) Except as otherwise provided by this charter or by law, each board, commission, or776
authority of the city shall elect one of its members as chair and one member as vice-chair,777
and may elect as its secretary one of its own members or may appoint as secretary an778
employee of the city with the consent of the employee and city manager. Each board,779
commission, or authority of the city government may establish such bylaws, rules, and780
regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems781
appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies782
of such bylaws, rules, and regulations shall be filed with the clerk of the city.783 23 LC 47 2247/AP
H. B. 695
- 34 -
SECTION 3.10.
784
City attorney.785
(a) The mayor and city council shall appoint a city attorney and shall fix the attorney's786
compensation. Additionally, the mayor and city council may appoint such assistant city787
attorneys as may be authorized. The city attorney and any assistant city attorney shall be788
members in good standing with the State Bar of Georgia and shall have at least six years'789
experience practicing law.790
(b) The city council shall provide for the payment of such attorney or attorneys for services791
rendered to the city.792
(c) The city attorney shall be responsible for providing for the representation and defense793
of the city in all litigation in which the city is a party, excluding representation and defense794
in any litigation for which another attorney has been engaged; may be the prosecuting officer795
in the municipal court; shall attend the meetings of the city council as directed; shall advise796
the city council, mayor, and other officers and employees of the city concerning legal aspects797
of the city's affairs; and shall perform such other duties as may be required by virtue of his798
or her position as city attorney and pursuant to the provisions of his or her engagement letter799
or contract as city attorney.800
(d) The city attorney is not a public official of the city and does not take an oath of office.801
The city attorney shall at all times be an independent contractor. A law firm, rather than an802
individual, may be designated as the city attorney.803
SECTION 3.11.804
City clerk.805
The mayor and city council shall appoint a city clerk, who shall not be a councilmember.806
The city clerk shall be custodian of the official city seal and city records; maintain city807 23 LC 47 2247/AP
H. B. 695
- 35 -
council records required by this charter; and perform such other duties as may be required
808
by the city council.809
SECTION 3.12.810
City auditor.811
The mayor and city council shall appoint a city auditor. The city auditor may be designated812
as a firm of auditors rather than an individual if the mayor and city council deem such action813
advisable.814
SECTION 3.13.815
Tax collector.816
The mayor and city council shall have the power and authority, by resolution, duly adopted817
and entered upon the minutes of said city, to contract with the governing authority of Upson818
County and the Tax Commission of Upson County to hire the tax commissioner to act as the819
agent of and for said city and to receive and collect, on behalf of said city, the payment of820
all ad valorem taxes due said city on said property. The mayor and city council shall be821
further empowered to authorize said tax commissioner, in the receiving and collection of said822
taxes, to use joint city and county forms, specifically including joint city and county tax823
return forms, statements of amounts of taxes due, receipts of payment of said taxes and any824
and all other forms or statements having to do with the returns of property for taxation to said825
city, and the collection and payment of the taxes due said city thereon. Said tax826
commissioner shall, prior to any such appointment, be required to agree to keep full and827
complete records of all such transactions and to, upon demand, furnish to said city a copy828
of all such records and receipts made by the tax commissioner appertaining in any way to829
the return of property for taxation by said city and to the collection of taxes due said city830 23 LC 47 2247/AP
H. B. 695
- 36 -
thereon and to remit to said city all of said city's taxes so collected on or before the twentieth
831
day of each month. Said tax commissioner shall also be required to furnish, at the time of832
any such employment by the tax commissioner or by the mayor and city council, a bond with833
good security thereon, conditioned for the faithful performance of his or her duties in the834
collection of said city's taxes, which bond shall be in the sum of $25,000.00 and shall in all835
respects be an official bond. The City of Thomaston, Georgia, shall, in any year in which836
said tax commissioner has served as its agent as herein authorized, be empowered to pay to837
the County of Upson a sum of money equal to a percentage of the total taxes so collected by838
said tax commissioner on behalf of said city or a fixed sum, whichever amount shall be839
agreed upon by the mayor and city council and the board of commissioners of Upson840
County, Georgia, as said city's share of the expenses incurred in the receiving of the returns841
and collection of said ad valorem taxes. Said City of Thomaston shall, in addition, in the842
event of any such employment of said tax commissioner as its agent as authorized in this843
charter, pay directly to the tax commissioner of Upson County, on or before December 31st844
of any such year, a sum to be agreed upon by the mayor and city council and the tax845
commissioner as his or her compensation for receiving and collecting said city's taxes, which846
sum shall be and remain the property of said tax commissioner, which sum of money shall847
constitute full payment to said tax commissioner not only for his or her services as said city's848
agent as provided in this charter, but also for said tax commissioner's services in collecting849
the ad valorem taxes due said city on motor vehicles. The terms and provisions of any850
contract between the tax commissioner and the city which is in effect at the time of the851
approval of this charter shall remain in full force and effect.852 23 LC 47 2247/AP
H. B. 695
- 37 -
SECTION 3.14.
853
Compensation of city attorney, city clerk, and city auditor.854
At the first annual meeting, or as soon thereafter as is practicable, the city council shall fix855
the compensation of the city attorney, city clerk, city auditor and, if necessary, deputy city856
clerk, and also shall fix the salaries of the mayor, mayor pro tempore, and councilmembers857
within the limits provided by charter, all of which shall be subject to revision at any time. 858
SECTION 3.15.859
Position classification and pay plans.860
The city manager shall be responsible for the preparation of a position classification and pay861
plan which shall be submitted to the city council for approval. Such plan may apply to all862
employees of the city and any of its agencies, departments, boards, commissions, or863
authorities. When a pay plan has been adopted, the city council shall not increase or864
decrease the salary range applicable to any position except by amendment of such pay plan.865
For purposes of this section, all elected and appointed city officials are not city employees.866
SECTION 3.16.867
Personnel policies.868
The city council shall adopt rules and regulations consistent with this charter regarding: 869
(1) The criteria for hiring employees;870
(2) The pay method of the employees to include the hours, vacation, sick leave,871
annual leave, and any other leaves, overtime pay, and order and manner in which872
layoff shall be effected;873 23 LC 47 2247/AP
H. B. 695
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(3) The administration of position classification and pay plan, probationary periods,
874
and methods of promotion;875
(4) Disciplinary actions and procedures for filing grievances; and876
(5) Such other personnel policies as may be necessary to provide adequate and877
systematic handling of personnel matters.878
ARTICLE IV.879
JUDICIAL BRANCH880
SECTION 4.1.881
Creation; name.882
There shall continue to be a court known as the Municipal Court of the City of Thomaston.883
SECTION 4.2.884
Chief judge; associate judge.885
(a) The municipal court shall be presided over by a chief judge.886
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless887
that person meets the following minimum qualifications:888
(1) He or she must have attained the age of 21 years; 889
(2) He or she must be a member of the State Bar of Georgia, be in good standing with890
the bar, and possess all qualifications required by law; and891
(3) He or she must have at least six years of experience practicing law.892
(c) The chief judge shall have the authority to appoint, with city council's approval, a893
qualified attorney to serve as judge pro tempore in his or her absence or disability or in the894
event he or she has a conflict presiding over specific cases.895 23 LC 47 2247/AP
H. B. 695
- 39 -
(d) The chief judge shall serve a minimum of one year.
896
(e) Compensation of the judge shall be fixed by city council.897
(f) A judge may be removed during his or her term of office by a two-thirds' majority vote898
of the entire membership of the governing authority of the municipal corporation for:899
(1) Willful misconduct in office;900
(2) Willful and persistent failure to perform duties;901
(3) Habitual intemperance;902
(4) Conduct prejudicial to the administration of justice which brings the judicial903
office into disrepute; or904
(5) Disability seriously interfering with the performance of duties, which is, or is905
likely to become, of a permanent character.906
(g) Before assuming office, the chief judge and any judge pro tempore shall take an oath,907
given by the mayor, that the judge will honestly and faithfully discharge the duties of the908
office to the best of his or her ability and without fear, favor, or partiality. The oath shall be909
entered upon the minutes of the city council journal required by Section 2.14.910
SECTION 4.3.911
Convening.912
Said court shall be convened at regular intervals as provided by ordinance.913
SECTION 4.4.914
Jurisdiction; powers.915
(a) The municipal court shall have jurisdiction and authority to try and punish violations of916
this charter, all city ordinances, and such other violations as provided by law.917 23 LC 47 2247/AP
H. B. 695
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(b) The municipal court shall have authority to punish those in its presence for contempt in
918
accordance with state law.919
(c) The municipal court may fix punishment for offenses within its jurisdiction in920
accordance with state law.921
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost922
of operation.923
(e) The municipal court shall have the power to bind prisoners over to superior court when924
it appears by probable cause that a state law has been violated.925
(f) The municipal court shall have authority to establish bail and recognizances to ensure the926
presence of those charged with violations before said court, and shall have discretionary927
authority to accept cash or personal or real property as surety for the appearance of persons928
charged with violations. Whenever any person shall give bail for that person's appearance929
and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge930
presiding at such time, and an execution issued thereon by serving the defendant and the931
defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the932
event that cash or property is accepted in lieu of bond for security for the appearance of a933
defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,934
the cash so deposited shall be on order of the judge declared forfeited to the city, or the935
property so deposited shall have a lien against it for the value forfeited which lien shall be936
enforceable in the same manner and to the same extent as a lien for city property taxes.937
(g) The municipal court shall have the same authority as superior courts to compel the938
production of evidence in the possession of any party; to enforce obedience to its orders,939
judgments and sentences; and to administer such oaths as are necessary.940
(h) The municipal court may compel the presence of all parties necessary to properly941
dispose of each case by the issuance of summons, subpoenas, and warrants which may be942
served as executed by any officer as authorized by this charter or by law.943 23 LC 47 2247/AP
H. B. 695
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(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of
944
persons charged with offenses against any ordinance of the city, and each judge of the945
municipal court shall have the same authority as a magistrate of the state to issue warrants946
for offenses against state laws committed within the city.947
SECTION 4.5.948
Appeals.949
Any party dissatisfied with a decision rendered by the municipal court judge may seek an950
appeal with the Superior Court of Upson County as provided for under the laws of the State951
of Georgia regulating the appeals.952
SECTION 4.6.953
Rules for court.954
With the approval of the city council, the judge shall have full power and authority to make955
reasonable rules and regulations necessary and proper to secure the efficient and successful956
administration of the municipal court; provided, however, that the city council may adopt in957
part or in toto the rules and regulations applicable to municipal courts. The rules and958
regulations made or adopted shall be filed with the city clerk and made available for public959
inspection upon reasonable request.960 23 LC 47 2247/AP
H. B. 695
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ARTICLE V.
961
ELECTIONS AND REMOVAL962
SECTION 5.1.963
Applicability of general law.964
All primaries and elections shall be held and conducted in accordance with the Georgia965
Election Code as set forth in Title 21, Chapter 2 of the O.C.G.A., as now or hereafter966
amended.967
SECTION 5.2.968
Nonpartisan Elections.969
Political parties shall not conduct primaries for city offices and all names of candidates for970
city offices shall be listed without party designations.971
SECTION 5.3.972
Time for holding regular elections.973
On the first Tuesday next following the first Monday in November of each odd-numbered974
year, a municipal election shall be held for council members as set out in this charter. On975
the first Tuesday next following the first Monday in November of every odd-numbered year,976
a municipal election shall be held for the office of mayor as set forth in this charter.977 23 LC 47 2247/AP
H. B. 695
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SECTION 5.4.
978
Election dates and first term following adoption of charter.979
(a) At the municipal election to be held in 2023, there shall be elected a mayor to serve for980
a term of four years. Thereafter, successors to the office of mayor shall be elected at the981
regular municipal election which is held immediately preceding the expiration of the term982
of office and shall serve for a term of four years. There shall also be elected at said 2023983
election two councilmembers, one of whom shall be elected from Election District 1 to serve984
for a term of four years and one of whom shall be elected from Election District 2 for a term985
of four years. Thereafter, successors to the members of the council elected from Election986
Districts 1 and 2 shall be elected at the regular municipal election which is held immediately987
preceding the expiration of the terms of office and shall serve for terms of four years.988
(b) At the municipal election to be held in 2025, there shall be elected three989
councilmembers, one of whom shall be elected from Election District 3 to serve a term of990
four years, one of whom shall be elected from Election District 4 to serve for a term of four991
years, and the third of whom shall be elected at large to serve for a term of four years.992
Thereafter, successors to the members of the council elected from Election Districts 3 and 4993
and from the city at large shall be elected at the regular municipal election which is held994
immediately preceding the expiration of the terms of office and shall serve for terms of four995
years.996
SECTION 5.5.997
Special elections; vacancies.998
In the event that the office of mayor or any councilmember shall become vacant as provided999
in Section 2.5 of this charter, the city council, or those remaining, shall order a special1000
election to fill the balance of the unexpired term of such official; provided, however, if such1001 23 LC 47 2247/AP
H. B. 695
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vacancy occurs within 12 months of the expiration of the term of that office, the city council,
1002
or those remaining, shall appoint a successor for the remainder of the term. In all other1003
respects, the special election shall be held and conducted in accordance with the "Georgia1004
Election Code," Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended.1005
SECTION 5.6.1006
Elector eligibility.1007
Only the elector residents in a district shall have the right to vote in the election for the1008
councilmember from that district, and all of the electors of said city shall have the right to1009
vote on the mayor and the councilmember at large.1010
SECTION 5.7.1011
Voter registration procedures.1012
The procedure for the registration of electors in said city shall be as is provided by the1013
"Georgia Election Code," or by any law or laws which supersede the same. In the event that1014
voter registration procedures should hereafter cease to be governed by general laws, then the1015
governing authority of said city shall have authority to enact ordinances governing the same.1016
SECTION 5.8.1017
Majority vote required.1018
No candidate for city council nor the mayor shall be declared elected until he or she shall1019
have received a majority of the votes of all qualified electors voting in the election.1020 23 LC 47 2247/AP
H. B. 695
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SECTION 5.9.
1021
Other provisions. 1022
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe1023
such rules and regulations it deems appropriate to fulfill any options and duties under the1024
Georgia Election Code.1025
SECTION 5.10.1026
Removal of officers. 1027
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall1028
be removed from office for any one or more of the causes provided in Title 45 of the1029
O.C.G.A., or such other applicable laws as are or may hereafter be enacted. 1030
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished1031
one of the following methods:1032
(1) Following a hearing at which an impartial panel shall render a decision. In the1033
event an elected officer is sought to be removed by the action of the city council, such1034
officer shall be entitled to a written notice specifying the ground or grounds for1035
removal and to a public hearing which shall be held not less than ten days after the1036
service of such written notice. The city council shall provide by ordinance for the1037
manner in which the impartial panel shall be selected and such hearings shall be held.1038
Any elected officer sought to be removed from office as provided in this charter shall1039
have the right of appeal from the decision of the city council to the Superior Court of1040
Upson County. Such appeal shall be governed by the same rules as govern appeals1041
to the superior court from the probate court; and 1042
(2) By an order of the Superior Court of Upson County following a hearing on a1043
complaint seeking such removal brought by any resident of the City of Thomaston.1044 23 LC 47 2247/AP
H. B. 695
- 46 -
ARTICLE VI.
1045
FINANCE1046
SECTION 6.1.1047
Property tax. 1048
The city council may assess, levy, and collect an ad valorem tax on all real and personal1049
property within the corporate limits of the city that is subject to such taxation by the state and1050
county. This tax is for the purpose of raising revenues to defray the costs of operating the1051
city government, of providing governmental services, for the repayment of principal and1052
interest on general obligations, and for any other public purpose as determined by the city1053
council in its discretion. 1054
SECTION 6.2.1055
Millage rate; due dates; payment methods. 1056
The city council, by ordinance, shall establish a millage rate for the city property tax, a due1057
date, and the time period within which these taxes must be paid. The city council, by1058
ordinance, may provide for the payment of these taxes by two installments or in one lump1059
sum, as well as authorize the voluntary payment of taxes prior to the time when due.1060
SECTION 6.3.1061
Occupation and business taxes. 1062
The city council, by ordinance, shall have the power to levy such occupation or business1063
taxes as are not denied by law. The city council may classify businesses, occupations, or1064 23 LC 47 2247/AP
H. B. 695
- 47 -
professions for the purpose of such taxation in any way which may be lawful and may
1065
compel the payment of such taxes as provided in Section 6.9.1066
SECTION 6.4.1067
Regulatory fees; permits. 1068
The city council, by ordinance, shall have the power to require businesses or practitioners1069
doing business within this city to obtain a permit for such activity from the city and pay a1070
reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect1071
the total cost to the city of regulating the activity, and if unpaid, shall be collected as1072
provided in Section 6.9.1073
SECTION 6.5.1074
Franchises.1075
(a) The city council shall have the power to grant franchises for the use of the city's streets1076
and alleys for the purposes of railroads, street railways, telephone companies, electric1077
companies, electric membership corporations, cable television, and other1078
telecommunications companies, gas companies, transportation companies, and other similar1079
organizations. The city council shall determine the duration, terms, whether the same shall1080
be exclusive or nonexclusive, and the consideration for such franchises; provided, however,1081
no franchise shall be granted for a period in excess of 35 years and no franchise shall be1082
granted unless the city receives just and adequate compensation therefor. The city council1083
shall provide for the registration of all franchises with the city clerk in a registration book1084
kept by the clerk. The city council may provide, by ordinance, for the registration within a1085
reasonable time of all franchises previously granted.1086 23 LC 47 2247/AP
H. B. 695
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(b) If no franchise agreement is in effect, the city council has the authority to impose a tax
1087
on gross receipts for the use of its city's streets and alleys for the purposes of railroads, street1088
railways, telephone companies, electric companies, electric membership corporations, cable1089
television and other telecommunications companies, gas companies, transportation1090
companies, and other similar organizations. 1091
SECTION 6.6.1092
Service charges. 1093
The city council, by ordinance, shall have the power to assess and collect fees, charges,1094
assessments, and tolls for sewers, sanitary, and health services, or any other services1095
provided or made available within and without the corporate limits of the city. If unpaid,1096
such charges shall be collected as provided in Section 6.9.1097
SECTION 6.7.1098
Special assessments. 1099
The city council, by ordinance, shall have the power to assess and collect the cost of1100
constructing, reconstructing, widening, or improving any public way, street, sidewalk,1101
curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property1102
owners. If unpaid, such charges shall be collected as provided in Section 6.9. 1103 23 LC 47 2247/AP
H. B. 695
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SECTION 6.8.
1104
Construction; other taxes and fees. 1105
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,1106
and the specific mention of any right, power, or authority in this article shall not be construed1107
as limiting in any way the general powers of this city to govern its local affairs.1108
SECTION 6.9.1109
Collection of delinquent taxes and fees. 1110
The city council, by ordinance, may provide generally for the collection of delinquent taxes,1111
fees, or other revenue due the city under Sections 6.1 through 6.8 by whatever reasonable1112
means as are not precluded by law. This shall include providing for the dates when the taxes1113
or fees are due; late penalties or interest; issuance and execution of fi.fa.; creation and1114
priority of liens; making delinquent taxes and fees personal debts of the persons required to1115
pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees;1116
and providing for the assignment or transfer of tax executions.1117
SECTION 6.10.1118
General obligation bonds. 1119
The city council shall have the power to issue bonds for the purpose of raising revenue to1120
carry out any project, program, or venture authorized under this charter or the laws of the1121
state. Such bonding authority shall be exercised in accordance with the laws governing bond1122
issuance by municipalities in effect at the time said issue is undertaken. 1123 23 LC 47 2247/AP
H. B. 695
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SECTION 6.11.
1124
Revenue bonds. 1125
Revenue bonds may be issued by the city council as state law now or hereafter provides.1126
Such bonds are to be paid out of any revenue produced by the project, program, or venture1127
for which they were issued. The Thomaston-Upson County Office Building Authority was1128
legislatively created in 1964 for the purpose of providing building and facilities for use by1129
the city and to finance such building and facilities by issuance of revenue bonds to be repaid1130
from rentals received by the authority from the city. The city may continue to obtain revenue1131
bonds through the Thomaston-Upson County Office Building Authority, and pay those bonds1132
as rent from any revenue.1133
SECTION 6.12.1134
Short-term loans.1135
The city may obtain short-term loans and must repay such loans not later than December 31st1136
of each year, unless otherwise provided by law.1137
SECTION 6.13.1138
Lease-purchase contracts. 1139
The city may enter into multi-year lease, purchase, or lease-purchase contracts for the1140
acquisition of goods, materials, real and personal property, services, and supplies; provided1141
the contract terminates without further obligation on the part of the municipality at the close1142
of the calendar year in which it was executed and at the close of each succeeding calendar1143
year for which it may be renewed. Contracts must be executed in accordance with the1144 23 LC 47 2247/AP
H. B. 695
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requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are
1145
or may hereafter be enacted.1146
SECTION 6.14.1147
Fiscal year. 1148
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the1149
budget year and the year for financial accounting and reporting of each and every office,1150
department, agency, and activity of the city government unless otherwise provided by state1151
or federal law.1152
SECTION 6.15.1153
Preparation of budgets. 1154
The city council shall provide an ordinance on the procedures and requirements for the1155
preparation and execution of an annual operating budget.1156
SECTION 6.16.1157
Submission of operating budget to city council. 1158
The city manager shall submit to the city council a proposed operating budget for the ensuing1159
fiscal year as set forth in paragraph (9) of Section 3.6. The budget may be accompanied by1160
a message from the city manager containing a statement of the general fiscal policies of the1161
city, the important features of the budget, explanations of major changes recommended for1162
the next fiscal year, a general summary of the budget, and such other pertinent comments and1163
information as the city manager deems appropriate and necessary. The operating budget and1164 23 LC 47 2247/AP
H. B. 695
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the capital budget hereinafter provided for, the budget message, and all supporting
1165
documents shall be filed in the office of the city clerk and shall be open to public inspection.1166
SECTION 6.17.1167
Action by city council on budget. 1168
(a) The city council may amend the operating budget proposed by the city manager;1169
provided, however, that the budget as finally amended and adopted must provide for all1170
expenditures required by state law or by other provisions of this charter and for all debt1171
service requirements for the ensuing fiscal year, and the total appropriations from any fund1172
shall not exceed the estimated fund balance, reserves, and revenues.1173
(b) The city council, by ordinance, shall adopt the final operating budget for the ensuing1174
fiscal year not later than the 31st day of December of each year. If the city council fails to1175
adopt the budget by this date, the amounts appropriated for operation for the current fiscal1176
year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all1177
items prorated accordingly until such time as the city council adopts a budget for the ensuing1178
fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting1179
out the estimated revenues in detail by sources and making appropriations according to fund1180
and by organizational unit, purpose, or activity as set out in the budget preparation. 1181
(c) The amount set out in the adopted operating budget for each organizational unit shall1182
constitute the annual appropriation for such, and no expenditure shall be made or1183
encumbrance created in excess of the otherwise unencumbered balance of the appropriations1184
or allotment thereof, to which it is chargeable.1185 23 LC 47 2247/AP
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SECTION 6.18.
1186
Tax levies. 1187
The city council shall levy, by ordinance, such taxes as are necessary. The taxes and tax1188
rates set by such ordinances shall be such that reasonable estimates of revenues from such1189
levy shall at least be sufficient, together with other anticipated revenues, fund balances, and1190
applicable reserves, to equal the total amount appropriated for each of the several funds set1191
forth in the annual operating budget for defraying the expenses of the general government1192
of this city. 1193
SECTION 6.19.1194
Changes in appropriations. 1195
The city council, by ordinance, may make changes in the appropriations contained in the1196
current operating budget at any regular, special, or emergency meeting called for such1197
purpose.1198
SECTION 6.20.1199
Independent audit. 1200
There shall be an annual independent audit of all city accounts, funds, and financial1201
transactions by a certified public accountant selected by the city council. The audit shall be1202
conducted according to generally accepted auditing principles. Any audit of any funds by1203
the state or federal governments may be accepted as satisfying the requirements of this1204
charter. Copies of annual audit reports shall be available at printing costs to the public.1205 23 LC 47 2247/AP
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SECTION 6.21.
1206
Centralized purchasing. 1207
The city council shall, by ordinance, prescribe procedures for a system of centralized1208
purchasing for the city. 1209
SECTION 6.22.1210
Sale and lease of city property. 1211
(a) The city council may sell and convey, or lease any real or personal property owned or1212
held by the city for governmental or other purposes as now or hereafter provided by law. 1213
(b) The city council may quitclaim any rights it may have in property not needed for public1214
purposes upon report by the city manager and adoption of a resolution, both finding that the1215
property is not needed for public or other purposes and that the interest of the city has no1216
readily ascertainable monetary value. 1217
(c) Whenever in opening, extending or widening any street, avenue, alley or public place1218
of the city, a small parcel or tract of land is cutoff or separated by such work from a larger1219
tract or boundary of land owned by the city, the city council may authorize the city manager1220
to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining1221
property owner or owners where such sale and conveyance facilitates the enjoyment of the1222
highest and best use of the abutting owner's property. Included in the sales contract shall be1223
a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting1224
property owner shall be notified of the availability of the property and given the opportunity1225
to purchase said property under such terms and conditions as set out by ordinance. All deeds1226
and conveyances heretofore and hereafter so executed and delivered shall convey all title and1227
interest the city has in such property, notwithstanding the fact that no public sale after1228
advertisement was or is hereafter made.1229 23 LC 47 2247/AP
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ARTICLE VII.
1230
GENERAL PROVISIONS.1231
SECTION 7.1.1232
Bonds for officials. 1233
The officers and employees of this city, both elective and appointive, shall execute such1234
surety or fidelity bonds in such amounts and upon such terms and conditions as the city1235
council shall from time to time require by ordinance or as may be provided by law. The1236
surety on the bond shall be a duly authorized guaranty or surety company, qualified to1237
transact business in this state.1238
SECTION 7.2.1239
Prior ordinances.1240
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent1241
with this charter are hereby declared valid and of full effect and force until amended or1242
repealed by the city council.1243
SECTION 7.3.1244
Existing personnel and officers. 1245
Except as specifically provided otherwise by this charter, all personnel and officers of the1246
city and their rights, privileges, and powers shall continue.1247 23 LC 47 2247/AP
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SECTION 7.4.
1248
Pending matters. 1249
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1250
contracts, and legal or administrative proceedings shall continue and any such ongoing work1251
or cases shall be completed by such city agencies, personnel, or offices as may be provided1252
by the city council. 1253
SECTION 7.5.1254
Construction. 1255
(a) Section captions in this charter are informative only and are not to be considered as a part1256
thereof.1257
(b) The word "shall" is mandatory and the word "may" is permissive.1258
(c) The singular shall include the plural, the masculine shall include the feminine, and vice1259
versa. 1260
SECTION 7.6.1261
Severability. 1262
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1263
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1264
or impair other parts of this charter unless it clearly appears that such other parts are wholly1265
and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1266
legislative intent in enacting this charter that each article, section, subsection, paragraph,1267
sentence or part thereof be enacted separately and independently of each other.1268 23 LC 47 2247/AP
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SECTION 7.7.
1269
Local constitutional amendments.1270
Any amendments to the Constitution of the State of Georgia which authorize the City of1271
Thomaston to combine its water and sewerage system with its electric system and to issue1272
revenue bonds for construction of facilities for such combined systems which is set forth in1273
Res. Act 130, H.R. 361-816, Ga. L. 1964, p. 897, and continued in force and effect pursuant1274
to Article XI, Section I, Paragraph IV of the Constitution and Ga. L. 1985, p. 3739, together1275
with any other local constitutional amendments continued in force and effect under the1276
Constitution which grant the City of Thomaston other specific authority and those local laws1277
specifically continuing such amendments in force and effect, shall not be repealed by this1278
charter.1279
SECTION 7.8.1280
Repealer. 1281
Except as provided for in Section 7.7 of this charter:1282
(1) An Act to amend, consolidate, and supersede the several Acts incorporating the1283
City of Thomaston in the County of Upson, State of Georgia, approved March 1,1284
1933 (Ga. L. 1933, p. 1070), and all amendatory Acts thereto are hereby repealed in1285
their entirety; and 1286
(2) All laws and parts of laws in conflict with this charter are hereby repealed. 1287 23 LC 47 2247/AP
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APPENDIX A
1288
User: Thomaston1289
Plan Name: Thomaston-20231290
Plan Type: Local1291
District 0011292
County Upson GA1293
VTD 2935610 - TOWN1294
Block 010402:1295
1003 1004 1006 1007 1015 1018 1019 1020 2000 2001 2002 30121296
3013 3017 3020 3021 3022 3023 3024 3025 3026 3027 3028 30291297
3030 3031 3032 4000 4002 4003 4004 4005 4009 4020 4021 40221298
4029 40301299
Block 010500:1300
1052 1055 1056 2022 2023 2024 2025 2026 2027 2028 2029 20301301
2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 20421302
2043 2045 3000 3001 3002 3003 3004 3005 3006 3007 3008 30161303
3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 30281304
3029 3030 3036 3037 3038 3039 3040 3041 4044 4056 4057 40581305
District 0021306
County Upson GA1307
VTD 2930555 - REDBONE1308
Block 010201:1309
1016 1029 10301310
Block 010500:1311 23 LC 47 2247/AP
H. B. 695
- 59 -
1016 1017 1018 1020 1021 1039 1040 1041 1057 4018
1312
VTD 2935610 - TOWN1313
Block 010201:1314
1022 1023 1024 1025 1026 1027 1028 1041 1059 1064 10651315
Block 010500:1316
1042 1044 1045 1046 1047 1048 1049 1050 1051 1053 1054 20001317
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 20121318
2013 2014 2015 2016 2017 2018 2019 2020 2021 3009 3010 30111319
3012 3013 3014 3015 3031 3032 3033 3034 4033 4045 4050 40511320
4052 4053 4054 40551321
District 0031322
County Upson GA1323
VTD 2930555 - REDBONE1324
Block 010201:1325
1034 1035 1036 1037 1038 2024 2025 2030 2031 3028 30311326
VTD 2935610 - TOWN1327
Block 010201:1328
1042 1044 1045 1048 1051 1052 1053 1054 1055 1056 1057 10581329
1060 10621330
Block 010402:1331
2003 2004 2005 2006 2007 2008 2012 2013 2020 2021 2022 20231332
2024 2025 2026 2027 2028 2033 2034 3000 3001 3002 3003 30041333
3005 3006 3007 3008 3009 3010 3011 3014 3015 3016 3018 30191334
District 0041335
County Upson GA1336 23 LC 47 2247/AP
H. B. 695
- 60 -
VTD 2930561 - LINCOLN PARK
1337
Block 010401:1338
1043 2004 20171339
VTD 2935610 - TOWN1340
Block 010401:1341
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 10111342
1012 1013 1014 1015 1017 1018 1019 1020 1021 1022 1028 10291343
1033 1034 1040 1050 1051 2000 20031344
Block 010402:1345
1008 1009 1010 1011 1012 1013 1014 1017 1029 1032 1033 10361346
1039 1045 2010 2014 2015 2016 2017 2018 2019 2029 2030 20311347
2032 4001 4006 4007 4008 4010 4011 4012 4013 4014 4015 40161348
4017 4018 4019 4023 4024 4025 4026 4027 4028 4031 4032 40331349
Block 010500:1350
20441351
Block 010600:1352
10511353