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House Bill 802 (AS PASSED HOUSE AND SENATE)
By: Representative Chastain of the 7
th
A BILL TO BE ENTITLED
AN ACT
To provide a new charter for the City of Morganton; 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 a governing authority of such city and the powers, duties, authority,3
prohibitions, election, terms, removal from office, method of filling vacancies, compensation,4
expenses, and qualifications of such authority; to provide for conflicts of interest and holding5
other offices; to provide for inquiries and investigations; to provide for organization and6
meeting procedures; to provide for quorums and voting; to provide for emergencies; to7
provide for ordinances; to provide for codes; to prohibit council interference with8
administration; to provide for election, power, and duties of the mayor; to provide for mayor9
pro tempore; to provide for veto; to provide for administrative responsibilities; to provide for10
boards, commissions, and authorities; to provide for a city attorney and city clerk; to provide11
for personnel policies to provide for municipal elections; to provide for taxation, permits, and12
fees; to provide for franchises, service charges, and assessments; to provide for bonded and13
other indebtedness; to provide for accounting and budgeting; to provide for capital14
improvements; to provide for contracting and purchasing; to provide for sale of city property;15
to provide for bonds for officials; to provide for pending matters, prior ordinances, and16
existing personnel; to provide for definitions and construction; to provide for severability;17 23 LC 47 2406/AP
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to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for
18
other purposes.19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20
ARTICLE I.21
INCORPORATION AND POWERS22
SECTION 1.10.23
Incorporation.24
This city and the inhabitants thereof are reincorporated by the enactment of this charter and25
are hereby constituted and declared a municipality and body politic and corporate under the26
name and style City of Morganton, Georgia, and by that name shall have perpetual27
succession.28
SECTION 1.11.29
Corporate boundaries.30
(a) The boundaries of this city shall be those existing on the effective date of the adoption31
of this charter with such alterations as may be made from time to time in the manner32
provided by law. The boundaries of this city at all times shall be shown on a map, a written33
description or any combination thereof, to be retained permanently in the city hall and to be34
designated, as the case may be: "Official Map (or Description) of the corporate limits of the35
City of Morganton, Georgia." Photographic, typed, or other copies of such map or36
description certified by the city clerk shall be admitted as evidence in all courts and shall37
have the same force and effect as the original map or description.38 23 LC 47 2406/AP
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(b) The city council may provide for the redrawing of any such map by ordinance to reflect
39
lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes40
the entire map or description which it is designated to replace.41
SECTION 1.12.42
Powers and construction.43
(a) This city shall have all powers possible for a city to have under the present or future44
Constitution and laws of this state as fully and completely as though they were specifically45
enumerated in this charter. This city shall have all the powers of self-government not46
otherwise prohibited by this charter or by general law.47
(b) The powers of this city shall be construed liberally in favor of the city. The specific48
mention or failure to mention particular powers shall not be construed as limiting in any way49
the powers of this city.50
SECTION 1.13.51
Examples of powers.52
The powers of the city may include, but are not limited to:53
(1) Animal regulations. To regulate and license or to prohibit the keeping or running54
at large of animals and fowl, and to provide for the impoundment of same if in55
violation of any ordinance or lawful order; to provide for the disposition by sale, gift,56
or humane destruction of animals and fowl when not redeemed as provided by57
ordinance; and to provide punishment for violation of ordinances enacted under this58
charter;59
(2) Appropriations and expenditures. To make appropriations for the support of the60
government of the city; to authorize the expenditure of money for any purposes61 23 LC 47 2406/AP
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authorized by this charter and for any purpose for which a municipality is authorized
62
by the laws of the State of Georgia; and to provide for the payment of expenses of the63
city;64
(3) Building regulation. To regulate and to license the erection and construction of65
buildings and all other structures; to adopt building, housing, plumbing, fire safety,66
electrical, gas, and heating and air conditioning codes; and to regulate all housing and67
building trades;68
(4) Business regulation and taxation. To levy and to provide for the collection of69
regulatory fees and taxes on privileges, occupations, trades, and professions as70
authorized by Title 48 of the O.C.G.A. the "Georgia Public Revenue Code," or other71
such applicable laws as are or may hereafter be enacted; to permit and regulate the72
same; to provide for the manner and method of payment of such regulatory fees and73
taxes; and to revoke such permits after due process for failure to pay any city taxes74
or fees;75
(5) Condemnation. To condemn property, inside or outside the corporate limits of76
the city, for present or future use and for any corporate purpose deemed necessary by77
the governing authority utilizing procedures enumerated in Title 22 of the O.C.G.A.,78
or such other applicable laws as are now or may hereafter be enacted;79
(6) Contracts. To enter into contracts and agreements with other governmental80
entities and with private persons, firms, and corporations;81
(7) Emergencies. To establish procedures for determining and proclaiming that an82
emergency situation exists within or outside the city, and to make and carry out all83
reasonable provisions deemed necessary to deal with or meet such an emergency for84
the protection, safety, health, or well-being of the citizens of the city;85
(8) Environmental protection. To protect and preserve the natural resources,86
environment, and vital areas of the state through the preservation and improvement87
of air quality, the restoration and maintenance of water resources, the control of88 23 LC 47 2406/AP
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erosion and sedimentation, the management of storm-water and establishment of a
89
storm-water utility, the management of solid and hazardous waste, and other90
necessary actions for the protection of the environment;91
(9) Fire regulations. To fix and establish fire limits and from time to time to extend,92
enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with93
general law relating to both fire prevention and detection and to firefighting; and to94
prescribe penalties and punishment for violations thereof;95
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash96
collection and disposal, and other sanitary service charge, tax, or fee for such services97
as may be necessary in the operation of the city from all individuals, firms, and98
corporations residing in or doing business in the city benefiting from such services;99
to enforce the payment of such charges, taxes, or fees; and to provide for the manner100
and method of collecting such service charges;101
(11) General health, safety, and welfare. To define, regulate, and prohibit any act,102
practice, conduct, or use of property which is detrimental to health, sanitation,103
cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the104
enforcement of such standards;105
(12) Gifts . To accept or refuse gifts, donations, bequests, or grants from any source106
for any purpose related to powers and duties of the city and the general welfare of its107
citizens on such terms and conditions as the donor or grantor may impose;108
(13) Health and sanitation. To prescribe standards of health and sanitation and to109
provide for the enforcement of such standards;110
(14) Jail sentences. To provide that persons given jail sentences in the municipal111
court, if established, may work out such sentences in any public works or on the112
streets, roads, drains, and other public property in the city; to provide for commitment113
of such persons to any jail; to provide for the use of pretrial diversion and any114
alternative sentencing allowed by law, or to provide for commitment of such persons115 23 LC 47 2406/AP
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to any county work camp or county jail by agreement with the appropriate county
116
officials;117
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control118
over all traffic, including parking upon or across the streets, roads, alleys, and119
walkways of the city;120
(16) Municipal agencies and delegation of power. To create, alter, or abolish121
departments, boards, offices, commissions, and agencies of the city, and to confer122
upon such agencies the necessary and appropriate authority for carrying out all the123
powers conferred upon or delegated to the same;124
(17) Municipal debts. To appropriate and borrow money for the payment of debts125
of the city and to issue bonds for the purpose of raising revenue to carry out any126
project, program, or venture authorized by this charter or the laws of the State of127
Georgia;128
(18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust129
or otherwise any real, personal, or mixed property, in fee simple or lesser interest,130
inside or outside the property limits of the city;131
(19) Municipal property protection. To provide for the preservation and protection132
of property and equipment of the city and the administration and use of same by the133
public, and to prescribe penalties and punishment for violations thereof;134
(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and135
dispose of public utilities, including but not limited to a system of waterworks, sewers136
and drains, sewage disposal, storm-water management, gas works, electric light137
plants, cable television and other telecommunications, transportation facilities, public138
airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees,139
assessments, regulations, and penalties; and to provide for the withdrawal of service140
for refusal or failure to pay the same;141 23 LC 47 2406/AP
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(21) Nuisance. To define a nuisance and provide for its abatement whether on public
142
or private property;143
(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant144
to the authority of this charter and the laws of the State of Georgia;145
(23) Planning and zoning. To provide comprehensive city planning for development146
by zoning, and to provide subdivision regulation and the like as the city council147
deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing148
community;149
(24) Police and fire protection. To exercise the power of arrest through duly150
appointed police officers, and to establish, operate, or contract for police and a151
firefighting agency;152
(25) Public hazards: removal. To provide for the destruction and removal of any153
building or other structure which is or may become dangerous or detrimental to the154
public;155
(26) Public improvements. To provide for the acquisition, construction, building,156
operation, and maintenance of public ways, parks and playgrounds, public grounds,157
recreational facilities, cemeteries, markets and market houses, public buildings,158
libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas159
systems, other public utilities, public housing, airports, hospitals, terminals, docks,160
parking facilities, and charitable, cultural, educational, recreational, conservation,161
sport, curative, corrective, detention, penal, and medical institutions, agencies, and162
facilities; to provide any other public improvements, inside or outside the corporate163
limits of the city; and to regulate the use of public improvements; for such purposes,164
property may be acquired by condemnation under Title 22 of the O.C.G.A. or such165
other applicable laws as are or may hereafter be enacted;166
(27) Public peace. To provide for the prevention and punishment of loitering,167
disorderly conduct, drunkenness, riots, and public disturbances;168 23 LC 47 2406/AP
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(28) Public transportation. To organize and operate such public transportation
169
systems as are deemed beneficial;170
(29) Public utilities and services. To grant franchises or make contracts for, or171
impose taxes on public utilities and public service companies; and to prescribe the172
rates, fares, regulations, and standards and conditions of service applicable to the173
service to be provided by the franchise grantee or contractor, insofar as not in conflict174
with valid regulations of the Georgia Public Service Commission;175
(30) Regulation of roadside areas. To prohibit or regulate and control the erection,176
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and177
any and all other structures or obstructions upon or adjacent to the rights-of-way of178
streets and roads or within view thereof, within or abutting the corporate limits of the179
city; and to prescribe penalties and punishment for violation of such ordinances;180
(31) Retirement. To provide and maintain a retirement plan and other employee181
benefit plans and programs for officers and employees of the city;182
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the183
grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or184
otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads,185
alleys, and walkways within the corporate limits of the city; to grant franchises and186
rights-of-way throughout the streets and roads and over the bridges and viaducts for187
the use of public utilities; and to require real estate owners to repair and maintain in188
a safe condition the sidewalks adjoining their lots or lands, and to impose penalties189
for failure to do so;190
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the191
acquiring, constructing, equipping, operating, maintaining, and extending of a sewage192
disposal plant and sewerage system, and to levy on those to whom sewers and193
sewerage systems are made available a sewer service fee, charge, or sewer tax for the194
availability or use of the sewers; to provide for the manner and method of collecting195 23 LC 47 2406/AP
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such service charges and for enforcing payment of the same; and to charge, impose,
196
and collect a sewer connection fee or fees to those connected with the system;197
(34) Solid waste disposal. To provide for the collection and disposal of garbage,198
rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish,199
and refuse by others; to provide for the separate collection of glass, tin, aluminum,200
cardboard, paper, and other recyclable materials, and to provide for the sale of such201
items;202
(35) Special areas of public regulation. To regulate or prohibit junk dealers and the203
manufacture and sale of intoxicating liquors; to regulate the transportation, storage,204
and use of combustible, explosive, and inflammable materials, the use of lighting and205
heating equipment, and any other business or situation which may be dangerous to206
persons or property; to regulate and control the conduct of peddlers and itinerant207
traders, theatrical performances, exhibitions, and shows of any kind, by taxation or208
otherwise; and to license, tax, regulate, or prohibit professional fortunetelling,209
palmistry, and massage parlors; and to restrict adult bookstores to certain areas;210
(36) Special assessments. To levy and provide for the collection of special211
assessments to cover the costs for any public improvements;212
(37) Taxes: ad valorem. To levy and provide for the assessment, valuation,213
revaluation, and collection of taxes on all property subject to taxation;214
(38) Taxes: other. To levy and collect such other taxes as may be allowed now or in215
the future by law;216
(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit217
the number of such vehicles; to require the operators thereof to be licensed; to require218
public liability insurance on such vehicles in the amounts to be prescribed by219
ordinance; and to regulate the parking of such vehicles;220
(40) Urban redevelopment. To organize and operate an urban redevelopment221
program; and222 23 LC 47 2406/AP
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(41) Other powers. To exercise and enjoy all other powers, functions, rights,
223
privileges, and immunities necessary or desirable to promote or protect the safety,224
health, peace, security, good order, comfort, convenience, or general welfare of the225
city and its inhabitants; to exercise all implied powers necessary or desirable to carry226
into execution all powers granted in this charter as fully and completely as if such227
powers were fully stated in this charter; and to exercise all powers now or in the228
future authorized to be exercised by other municipal governments under other laws229
of the State of Georgia. No list of particular powers in this charter shall be held to be230
exclusive of others, nor restrictive of general words and phrases granting powers, but231
shall be held to be in addition to such powers unless expressly prohibited to232
municipalities under the Constitution or applicable laws of the State of Georgia.233
SECTION 1.14.234
Exercise of powers.235
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or236
employees shall be carried into execution as provided by this charter. If this charter makes237
no provision, such shall be carried into execution as provided by ordinance or as provided238
by pertinent laws of the State of Georgia.239
ARTICLE II.240
GOVERNMENT STRUCTURE241
SECTION 2.10.242
City council creation; number; election.243 23 LC 47 2406/AP
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The legislative authority of the government of this city, except as otherwise specifically
244
provided in this charter, shall be vested in a city council to be composed of a mayor and three245
councilmembers. Councilmembers shall be elected at large by the voters of the city in246
accordance with the provisions of Article IV of this charter. The mayor shall be elected as247
provided in Section 2.28 of this charter. The city council established shall in all respects be248
the successor to and continuation of the governing authority under prior law. The mayor and249
councilmembers shall be elected in the manner provided by general law and this charter.250
SECTION 2.11.251
City councilmembers; terms and qualifications for office.252
The members of the city council shall serve for terms of four years and until their respective253
successors are elected and qualified. No person shall be eligible to serve as a councilmember254
unless that person has been a resident of the city for 12 months prior to the date of election255
of members of the council; each shall continue to reside therein during that member's period256
of service and be registered and qualified to vote in municipal elections of this city.257
SECTION 2.12.258
Vacancy; filling of vacancies; suspensions.259
(a) The office of mayor or councilmember shall become vacant upon the incumbent's death,260
resignation, forfeiture of office, or occurrence of any event specified by the Constitution of261
the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may262
hereafter be enacted.263
(b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of264
the unexpired term, if any, by appointment by the city council or those members remaining265
if fewer than 14 months remain in the unexpired term. If such vacancy occurs 14 months or266 23 LC 47 2406/AP
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more prior to the expiration of the term of that office, it shall be filled for the remainder of
267
the unexpired term by a special election, as provided for in Section 4.14 of this charter.268
(c) This provision shall also apply to a temporary vacancy created by the suspension from269
office of the mayor or any councilmember.270
SECTION 2.13.271
Compensation and expenses.272
The mayor and councilmembers shall receive compensation and expenses for their services273
as provided by ordinance.274
SECTION 2.14.275
Conflicts of interest; holding other offices.276
(a) Elected and appointed officers of the city are trustees and servants of the residents of the277
city and shall act in a fiduciary capacity for the benefit of such residents;278
(b) No elected official, appointed officer, or employee of the city or any agency or political279
entity to which this charter applies shall knowingly:280
(1) Engage in any business or transaction, or have a financial interest or other281
personal interest, direct or indirect, which is incompatible with the proper discharge282
of that person's official duties or which would tend to impair the independence of that283
person's judgment or action in the performance of that person's official duties; 284
(2) Engage in or accept private employment, or render services for private interests285
when such employment or service is incompatible with the proper discharge of that286
person's official duties or would tend to impair the independence of that person's287
judgment or action in the performance of that person's official duties;288 23 LC 47 2406/AP
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(3) Disclose confidential information, including information obtained at meetings
289
which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the290
property government or affairs of the governmental body by which that person is291
engaged without proper legal authorization, or use such information to advance the292
financial or other private interest of that person or others;293
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise,294
from any person, firm, or corporation which to that person's knowledge is interested,295
directly or indirectly, in any manner whatsoever, in business dealings with the296
governmental body by which that person is engaged; provided, however, that an297
elected official who is a candidate for public office may accept campaign298
contributions and services in connection with any such campaign;299
(5) Represent other private interests in any action or proceeding against this city or300
any portion of its government; or301
(6) Vote or otherwise participate in the negotiation or in the making of any contract302
with any business or entity in which that person has a financial interest.303
(c) Any elected official, appointed officer, or employee who shall have any financial304
interest, directly or indirectly, in any contract or matter pending before or within any305
department of the city shall disclose such interest to the city council. The mayor or any306
councilmember who has a financial interest in any matter pending before the city council307
shall disclose such interest; such disclosure shall be entered on the records of the city council,308
and that person shall disqualify himself or herself from participating in any decision or vote309
relating thereto. Any elected official, appointed officer, or employee of any agency or310
political entity to which this charter applies who shall have any financial interest, directly or311
indirectly, in any contract or matter pending before or within such entity shall disclose such312
interest to the governing body of such agency or entity.313
(d) No elected official, appointed officer, or employee of the city or any agency or entity to314
which this charter applies shall use property owned by such governmental entity for personal315 23 LC 47 2406/AP
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benefit, convenience, or profit except in accordance with policies promulgated by the city
316
council or the governing body of such agency or entity.317
(e) Any violation of this section which occurs with the knowledge, express or implied, of318
a party to a contract or sale shall render said contract or sale voidable at the option of the city319
council.320
(f) Except where authorized by law, neither the mayor nor any councilmember shall hold321
any other elective or compensated appointive office in the city or otherwise be employed by322
said government or any agency thereof during the term for which that person was elected.323
No former councilmember and no former mayor shall hold any compensated appointive324
office in the city until two years after the expiration of the term for which that official was325
elected.326
(g) No appointed officer or employee of the city shall continue in such employment upon327
qualifying as a candidate for nomination or election to any city public office. No employee328
of the city shall continue in such employment upon qualifying for any other public office329
which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such330
determination shall be made by the mayor and council either immediately upon qualifying331
or at any time such conflict may arise.332
(h) Penalties for Violation.333
(1) Any city officer or employee who knowingly conceals such financial interest or334
knowingly violates any of the requirements of this section shall be guilty of335
malfeasance in office or position and shall be deemed to have forfeited that person's336
office or position.337
(2) Any officer or employee of the city who shall forfeit that person's office or338
position as described in paragraph (1) of this subsection shall be ineligible for339
appointment or election to or employment in a position in the city government for a340
period of five years thereafter.341 23 LC 47 2406/AP
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SECTION 2.15.
342
Inquiries and investigations.343
Following the affirmative vote of the city council authorizing such action, the city council344
may make inquiries and investigations into the affairs of the city and the conduct of any345
department, office, or agency thereof, and for this purpose may subpoena witnesses,346
administer oaths, take testimony, and require the production of evidence. Any person who347
fails or refuses to obey a lawful order issued in the exercise of these powers by the city348
council shall be punished as provided by ordinance.349
SECTION 2.16.350
General power and authority of the city council.351
(a) Except as otherwise provided by law or this charter, the city council shall be vested with352
all the powers of government of this city.353
(b) In addition to all other powers conferred upon it by law, the council shall have the354
authority to adopt and provide for the execution of such ordinances, resolutions, rules, and355
regulations, not inconsistent with this charter and the Constitution and the laws of the State356
of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,357
protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity,358
or well-being of the inhabitants of the City of Morganton and may enforce such ordinances359
by imposing penalties for violation thereof.360 23 LC 47 2406/AP
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SECTION 2.17.
361
Eminent domain.362
The city council is hereby empowered to acquire, construct, operate, and maintain public363
ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,364
sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports,365
hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional,366
penal, and medical institutions, agencies, and facilities, and any other public improvements367
inside or outside the city and to regulate the use thereof; for such purposes, property may be368
condemned under procedures established under general law applicable now or as provided369
in the future.370
SECTION 2.18.371
Organizational meetings.372
The city council shall hold an organizational meeting on the second Tuesday in January. The373
meeting shall be called to order by the mayor and the oath of office shall be administered to374
the newly elected members by a judicial officer authorized to administer oaths and shall, to375
the extent that it comports with federal and state law, be as follows:376
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of377
(mayor)(councilmember) of this city and that I will support and defend the charter378
thereof as well as the Constitution and laws of the State of Georgia and of the United379
States of America. I am not the holder of any unaccounted-for public money due this380
state or any political subdivision or authority thereof. I am not the holder of any381
office of trust under the government of the United States, any other state, or any382
foreign state which I by the laws of the State of Georgia am prohibited from holding.383
I am otherwise qualified to hold said office according to the Constitution and laws of384 23 LC 47 2406/AP
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Georgia. I have been a resident of the City of Morganton for the time required by the
385
Constitution and laws of this state and by the municipal charter. I will perform the386
duties of my office in the best interest of the City of Morganton to the best of my387
ability without fear, favor, affection, reward, or expectation thereof, so help me God."388
SECTION 2.19.389
Regular and special meetings.390
(a) The city council shall hold regular meetings at such times and places as shall be391
prescribed by ordinance.392
(b) Special meetings of the city council may be held on call of the mayor or any two393
members of the city council. Notice of such special meetings shall be served on all other394
members personally, or by telephone personally, at least 48 hours in advance of the meeting.395
Such notice to councilmembers shall not be required if the mayor and all councilmembers396
are present when the special meeting is called. Such notice of any special meeting may be397
waived by a councilmember in writing before or after such a meeting, and attendance at the398
meeting shall also constitute a waiver of notice on any business transacted in such399
councilmember's presence. Only the business stated in the call may be transacted at the400
special meeting.401
(c) All meetings of the city council shall be public to the extent required by law and notice402
to the public of special meetings shall be made fully as is reasonably possible as provided by403
Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter404
be enacted.405 23 LC 47 2406/AP
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SECTION 2.20.
406
Rules of procedure; committees.407
(a) The city council shall adopt its rules of procedure and order of business consistent with408
the provisions of this charter and shall provide for keeping a minute book of its proceedings,409
which shall be a public record.410
(b) All committees and committee chairs of the city council shall be appointed by the mayor411
and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new412
members to any committee at any time.413
SECTION 2.21.414
Quorum; voting.415
(a) Two councilmembers shall constitute a quorum and shall be authorized to transact416
business of the city council. Voting on the adoption of ordinances shall be by voice vote and417
the vote shall be recorded in the minutes, but any member of the city council shall have the418
right to request a roll call vote and such vote shall be recorded in the minutes. Except as419
otherwise provided in this charter, the affirmative vote of two councilmembers shall be420
required for the adoption of any ordinance, resolution, or motion.421
(b) No member of the city council shall abstain from voting on any matter properly brought422
before the council for official action except when such councilmember has a conflict of423
interest which is disclosed in writing prior to or at the meeting and made a part of the424
minutes. Any member of the city council present and eligible to vote on a matter and425
refusing to do so for any reason other than a properly disclosed and recorded conflict of426
interest shall be deemed to have acquiesced or concurred with the members of the majority427
who did vote on the question involved.428 23 LC 47 2406/AP
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SECTION 2.22.
429
Ordinance form; procedures.430
(a) Every proposed ordinance should be introduced in writing and in the form required for431
final adoption. No ordinance shall contain a subject which is not expressed in its title. The432
enacting clause shall be "It is hereby ordained by the governing authority of the City of433
Morganton" and every ordinance shall so begin.434
(b) An ordinance may be introduced by the mayor or by any councilmember and be read at435
a regular or special meeting of the city council. Ordinances shall be considered and adopted436
or rejected by the city council in accordance with the rules which it shall establish; provided,437
however, that an ordinance shall not be adopted the same day it is introduced, except for438
emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any439
ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each440
councilmember and shall file a reasonable number of copies in the office of the clerk and at441
such other public places as the city council may designate.442
SECTION 2.23.443
Action requiring an ordinance.444
Acts of the city council which have the force and effect of law shall be enacted by ordinance.445
SECTION 2.24.446
Emergencies.447
(a) To meet a public emergency affecting life, health, property or public peace, the city448
council may convene on call of the mayor or any two councilmembers and promptly adopt449
an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a450 23 LC 47 2406/AP
H. B. 802
- 20 -
franchise; regulate the rate charged by any public utility for its services; or authorize the
451
borrowing of money except for loans to be repaid within 30 days. An emergency ordinance452
shall be introduced in the form prescribed for ordinances generally, except that it shall be453
plainly designated as an emergency ordinance and shall contain, after the enacting clause,454
a declaration stating that an emergency exists, and a description of the emergency in clear455
and specific terms. An emergency ordinance may be adopted, with or without amendment,456
or rejected at the meeting at which it is introduced, but the affirmative vote of at least three457
councilmembers shall be required for adoption. It shall become effective upon adoption or458
at such later time as it may specify. Every emergency ordinance shall automatically stand459
repealed 30 days following the date upon which it was adopted, but this shall not prevent460
reenactment of the ordinance in the manner specified in this section if the emergency still461
exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance462
in the same manner specified in this section for adoption of emergency ordinances.463
(b) Such meetings shall be open to the public to the extent required by law and notice to the464
public of emergency meetings shall be made as fully as is reasonably possible in accordance465
with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may466
hereafter be enacted.467
SECTION 2.25.468
Codes of technical regulations.469
(a) The city council may adopt any standard code of technical regulations by reference470
thereto in an adopting ordinance. The procedure and requirements governing such adopting471
ordinance shall be as prescribed for ordinances generally except that:472
(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution473
and filing of copies of the ordinance shall be construed to include copies of any code474
of technical regulations, as well as the adopting ordinance; and475 23 LC 47 2406/AP
H. B. 802
- 21 -
(2) A copy of each adopted code of technical regulations, as well as the adopting
476
ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26477
of this charter.478
(b) Copies of any adopted code of technical regulations shall be made available by the clerk479
for inspection by the public.480
SECTION 2.26.481
Signing; authenticating; recording; codification; printing.482
(a) The city clerk shall authenticate by the clerk's signature and record in full in a properly483
indexed book kept for that purpose all ordinances adopted by the council. 484
(b) The city council shall provide for the preparation of a general codification of all the485
ordinances of the city having the force and effect of law. The general codification shall be486
adopted by the city council by ordinance and shall be published promptly, together with all487
amendments thereto and such codes of technical regulations and other rules and regulations488
as the city council may specify. This codification shall be known and may be cited officially489
as "Code of Ordinances, City of Morganton, Georgia." Copies of the Code of Ordinances490
shall be furnished to all officers, departments, and agencies of the city, and made available491
for purchase by the public at a reasonable price as fixed by the city council.492
(c) The city council shall cause each ordinance and each amendment to this charter to be493
printed promptly following its adoption, and the printed ordinances and charter amendments494
shall be made available for purchase by the public at reasonable prices to be fixed by the city495
council. Following publication of the first code under this charter and at all times thereafter,496
the ordinances and charter amendments shall be printed in substantially the same style as the497
code currently in effect and shall be suitable in form for incorporation therein. The city498
council shall make such further arrangements as deemed desirable with reproduction and499 23 LC 47 2406/AP
H. B. 802
- 22 -
distribution of any current changes in or additions to codes of technical regulations and other
500
rules and regulations included in the code.501
SECTION 2.27.502
Council interference with administration.503
Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the504
city council or its members shall deal with city officers and employees who are subject to the505
direction and supervision of the mayor solely through the mayor, and neither the city council506
nor its members shall give orders to any such officer or employee, either publicly or507
privately. The city council shall act in all matters as a body, and no member shall seek508
individually to influence the official acts of the mayor or any other officer or employee of509
the city, or direct or request the appointment or removal of any person to or from any office510
or position of employment, or to interfere in any way with the performance of the duties by511
the mayor or other officers or employees.512
SECTION 2.28.513
Election of mayor; forfeiture.514
The mayor shall be elected at large by the voters of the city and serve for a term of four years515
and until a successor is elected and qualified. The mayor shall be a qualified elector of this516
city and shall have been a resident of the city for 12 months prior to the date of election. The517
mayor shall continue to reside in this city during the period of service. The mayor shall518
forfeit the office on the same grounds and under the same procedure as for councilmembers.519 23 LC 47 2406/AP
H. B. 802
- 23 -
SECTION 2.29.
520
Mayor pro tempore.521
The city council at the first regular meeting after the newly elected councilmembers have522
taken office following each election shall elect a councilmember to serve as mayor pro523
tempore. The mayor pro tempore shall be elected by a majority vote of the city council. The524
mayor pro tempore shall serve for a term of two years. The mayor pro tempore shall assume525
the duties and powers of the mayor during the mayor's physical or mental disability,526
suspension from office, or absence. Any such disability of the mayor shall be declared by527
a majority vote of the city council. The mayor pro tempore shall sign all contracts and528
ordinances in which the mayor has a disqualifying financial interest as provided in529
Section 2.14 of this charter. When acting as mayor, the mayor pro tempore shall be entitled530
to vote only as a member of the council.531
SECTION 2.30.532
Powers and duties of mayor.533
The mayor shall:534
(1) Preside at all meetings of the city council;535
(2) Appoint and, when the mayor deems it necessary for the good of the city, suspend536
or remove all city employees and administrative officers the mayor appoints, except537
as otherwise provided by law or personnel ordinances adopted pursuant to this538
charter. The mayor may authorize any department director or administrative officer539
who is subject to the mayor's direction and supervision to exercise these powers with540
respect to subordinates in that officer's department, office, or agency;541
(3) Direct and supervise the administration of all departments, offices, and agencies542
of the city, except as otherwise provided by this charter or by law;543 23 LC 47 2406/AP
H. B. 802
- 24 -
(4) See that all laws, provisions of this charter, and acts of the city council, subject
544
to enforcement by the mayor or by officers subject to the mayor's direction and545
supervision, are faithfully executed;546
(5) Prepare and submit the annual operating budget and capital budget to the city547
council;548
(6) Submit to the city council and make available to the public a complete report on549
the finances and administrative activities of the city as of the end of each fiscal year;550
(7) Keep the city council fully advised as to the financial condition and future needs551
of the city and make such recommendations to the city council concerning the affairs552
of the city as the mayor deems desirable;553
(8) Be the head of the city for the purpose of service of process and for ceremonial554
purposes and be the official spokesperson for the city and the chief advocate of555
policy;556
(9) Have the power to administer oaths and to take affidavits;557
(10) Sign as a matter of course on behalf of the city all written and approved558
contracts, ordinances, resolutions, and other instruments executed by the city which559
by law are required to be in writing;560
(11) Vote on matters before the city council only in the case of a tie vote between561
councilmembers;562
(12) Approve or disapprove resolutions and ordinances as provided in Section 2.31563
of this charter; and564
(13) Perform such other duties as may be required by law, this charter, or by565
ordinance.566 23 LC 47 2406/AP
H. B. 802
- 25 -
SECTION 2.31.
567
Submission of ordinances to the mayor; veto power.568
(a) Every resolution or ordinance adopted by the city council shall be presented by the city569
clerk to the mayor within 96 hours after the adjournment of any council meeting. 570
(b) The mayor, within ten calendar days of receipt of a resolution or ordinance, shall return571
it to the city clerk with or without the mayor's approval or with a veto. If the resolution or572
ordinance has been approved by the mayor, it shall become law upon its return to the city573
clerk; if the resolution or ordinance is neither approved nor disapproved, it shall become law574
at twelve o'clock Noon on the fifteenth calendar day after its adoption by the city council;575
if the resolution or ordinance is vetoed, the mayor shall submit to the city council through576
the city clerk a written statement explaining the reasons for the veto. The city clerk shall577
record upon the resolution or ordinance the date of its delivery to and receipt from the mayor.578
(c) Resolutions or ordinances vetoed by the mayor shall be presented by the city clerk to the579
city council at its next meeting. If the city council then or at its next meeting adopts the580
resolution or ordinance over the veto by an affirmative vote of three of its members, it shall581
become law.582
(d) The mayor may disapprove or reduce any item or items of appropriation in any583
resolution or ordinance except appropriations for auditing or investigating the office of584
mayor. The approved part or parts of any resolution or ordinance making appropriations585
shall become law, and the part or parts disapproved shall not become law unless586
subsequently passed by the city council over the mayor's veto as provided in this charter.587
The reduced part or parts shall be presented to city council as though disapproved and shall588
not become law unless overridden by the city council as provided in subsection (c) of this589
section.590
(e) The mayor shall not have the power to veto any emergency ordinance.591 23 LC 47 2406/AP
H. B. 802
- 26 -
ARTICLE III.
592
ADMINISTRATIVE AFFAIRS593
SECTION 3.10.594
Administrative and service departments.595
(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe596
the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all597
nonelective offices, positions of employment, departments, and agencies of the city, as598
necessary for the proper administration of the affairs and government of this city.599
(b) Except as otherwise provided by this charter or by law, the directors of departments and600
other appointed officers of the city shall be appointed solely on the basis of their respective601
administrative and professional qualifications.602
(c) All appointed officers and directors of departments shall receive such compensation as603
prescribed by ordinance or resolution.604
(d) There shall be a director of each department or agency who shall be its principal officer.605
Each director shall, subject to the direction and supervision of the mayor, be responsible for606
the administration and direction of the affairs and operations of that director's department or607
agency.608
(e) All directors of departments shall be subject to removal or suspension at any time by the609
mayor in the manner provided by the city's personnel policy and procedure manual.610
SECTION 3.11.611
Boards, commissions, and authorities.612
(a) The city council shall create by ordinance or resolution such boards, commissions, and613
authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city614 23 LC 47 2406/AP
H. B. 802
- 27 -
council deems necessary and shall by ordinance or resolution establish the composition,
615
period of existence, duties, and powers thereof.616
(b) All members of boards, commissions, and authorities of the city shall be appointed by617
the city council for such terms of office and in such manner as shall be provided by618
ordinance, except where another appointing authority, term of office, or manner of619
appointment is prescribed by this charter or by law.620
(c) The city council may by ordinance provide for the compensation and reimbursement for621
actual and necessary expenses of the members of any board, commission, or authority.622
(d) Except as otherwise provided by charter or by law, no member of any board,623
commission, or authority of the city shall hold any elective office in the city.624
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the625
unexpired term in the manner prescribed herein for original appointment, except as otherwise626
provided by this charter or by law.627
(f) No member of a board, commission, or authority shall assume office until that person has628
executed and filed with the clerk of the city an oath obligating himself or herself to faithfully629
and impartially perform the duties of that member's office.630
(g) All members of boards, commissions, or authorities serve at will and may be removed631
at any time by a majority vote of the city council unless otherwise provided by law.632
(h) Except as otherwise provided by this charter or by law, each board, commission, or633
authority of the city shall elect one of its members as chair and one member as634
vice-chairperson, and may elect as its secretary one of its own members or may appoint as635
secretary an employee of the city. Each board, commission, or authority of the city636
government may establish such bylaws, rules, and regulations, not inconsistent with this637
charter, ordinances of the city, or law, as it deems appropriate and necessary for the638
fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and639
regulations shall be filed with the clerk of the city.640 23 LC 47 2406/AP
H. B. 802
- 28 -
SECTION 3.12.
641
City attorney.642
(a) The mayor shall appoint a city attorney, together with such assistant city attorneys as643
may be authorized, and shall provide for the payment of such attorney or attorneys for644
services rendered to the city. The city attorney shall be responsible for providing for the645
representation and defense of the city in all litigation in which the city is a party; may be the646
prosecuting officer in the municipal court; shall attend the meetings of the council as647
directed; shall advise the city council, mayor, and other officers and employees of the city648
concerning legal aspects of the city's affairs; and shall perform such other duties as may be649
required by virtue of the person's position as city attorney.650
(b) The city attorney is not a public official of the city and does not take an oath of office.651
The city attorney shall at all times be an independent contractor. A law firm, rather than an652
individual, may be designated as the city attorney.653
SECTION 3.13.654
City clerk.655
The mayor shall appoint a city clerk who shall not be the mayor or a councilmember. The656
city clerk shall be custodian of the official city seal and city records; maintain city council657
records required by this charter; attend meetings of the city council and keep minutes of its658
proceedings at such meetings; and perform such other duties as may be required by the city659
council.660 23 LC 47 2406/AP
H. B. 802
- 29 -
SECTION 3.14.
661
Personnel policies.662
The city council shall adopt by ordinance a personnel policy and procedure manual. All663
employees shall be governed by the city's personnel policy and procedure manual.664
ARTICLE IV.665
ELECTIONS AND REMOVAL666
SECTION 4.10.667
Applicability of general law.668
All primaries and elections shall be held and conducted in accordance with Chapter 2 of669
Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.670
SECTION 4.11.671
Election of the city council and mayor.672
Beginning in 2025 and every four years thereafter, on the Tuesday following the first673
Monday in November, there shall be an election for city councilmembers for Council Posts 2674
and 3 and shall continue in office for the terms to which he or she was elected and until his675
or her successor is elected and available as provided in this charter. Beginning in 2027,676
and every four years thereafter, on the Tuesday following the first Monday in November,677
there shall be an election for the mayor and city councilmember for Council Post 1 and shall678
continue in office for the terms to which he or she was elected and until his or her successor679
is elected and qualified as provided in this charter. The terms of office shall begin at the680
organizational meeting as provided for in Section 2.18 of this charter. The terms of office681 23 LC 47 2406/AP
H. B. 802
- 30 -
of the mayor and councilmembers elected pursuant to this section shall begin at the time of
682
taking the oath of office as provided in Section 2.21.683
SECTION 4.12.684
Nonpartisan elections.685
Political parties shall not conduct primaries for city offices and all names of candidates for686
city offices shall be listed without party designations.687
SECTION 4.13.688
Election by plurality.689
The person receiving a plurality of the votes cast for any city office shall be elected.690
SECTION 4.14.691
Special elections; vacancies.692
In the event that the office of mayor or councilmember shall become vacant as provided in693
Section 2.12 of this charter, the city council or those remaining shall order a special election694
to fill the balance of the unexpired term of such official; provided, however, that if such695
vacancy occurs within 14 months of the expiration of the term of that office, the city council696
or those remaining shall appoint a successor for the remainder of the term. In all other697
respects, the special election shall be held and conducted in accordance with Chapter 2 of698
Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.699 23 LC 47 2406/AP
H. B. 802
- 31 -
SECTION 4.15.
700
Other provisions.701
Except as otherwise provided by this charter, the city council shall by ordinance prescribe702
such rules and regulations as it deems appropriate to fulfill any options and duties under703
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."704
SECTION 4.16.705
Removal of officers.706
(a) The mayor, councilmembers, or other appointed officers provided for in this charter707
shall be removed from office for any one or more of the causes provided in Title 45 of the708
O.C.G.A., or such other applicable laws as are or may hereafter be enacted.709
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished710
by one of the following methods:711
(1) Following a hearing at which an impartial panel shall render a decision. In the712
event an elected officer is sought to be removed by the action of the city council, such713
officer shall be entitled to a written notice specifying the ground or grounds for714
removal and to a public hearing which shall be held not less than ten days after the715
service of such written notice. The city council shall provide by ordinance for the716
manner in which such hearings shall be held. Any elected officer sought to be717
removed from office as provided in this section shall have the right of appeal from the718
decision of the city council to the Superior Court of Fannin County. Such appeal shall719
be governed by the same rules as govern appeals to the superior court from the720
probate court; or721
(2) By an order of the Superior Court of Fannin County following a hearing on a722
complaint seeking such removal brought by any resident of the City of Morganton.723 23 LC 47 2406/AP
H. B. 802
- 32 -
ARTICLE V.
724
FINANCE725
SECTION 5.10.726
Property tax.727
The city council may assess, levy, and collect an ad valorem tax on all real and personal728
property within the corporate limits of the city that is subject to such taxation by the state and729
county. This tax is for the purpose of raising revenues to defray the costs of operating the730
city government, of providing governmental services, for the repayment of principal and731
interest on general obligations, and for any other public purpose as determined by the city732
council in its discretion.733
SECTION 5.11.734
Millage rate; due dates; payment methods.735
The city council by ordinance shall establish a millage rate for the city property tax, a due736
date, and the time period within which these taxes must be paid. The city council, by737
ordinance, may provide for the payment of these taxes by installments or in one lump sum,738
as well as authorize the voluntary payment of taxes prior to the time when due.739
SECTION 5.12.740
Occupation and business taxes.741
The city council by ordinance shall have the power to levy such occupation or business taxes742
as are not denied by law. The city council may classify businesses, occupations, or743 23 LC 47 2406/AP
H. B. 802
- 33 -
professions for the purpose of such taxation in any way which may be lawful and may
744
compel the payment of such taxes as provided in Section 5.18 of this charter.745
SECTION 5.13.746
Regulatory fees; permits.747
The city council by ordinance shall have the power to require businesses or practitioners748
doing business in this city to obtain a permit for such activity from the city and pay a749
regulatory fee for such permit as provided by general law. Such fees shall reflect the total750
cost to the city of regulating the activity, and if unpaid, shall be collected as provided in751
Section 5.18 of this charter.752
SECTION 5.14.753
Franchises.754
(a) The city council shall have the power to grant franchises for the use of this city's streets755
and alleys for the purposes of railroads, street railways, telephone companies, electric756
membership corporations, cable television and other telecommunications companies, gas757
companies, transportation companies, and other similar organizations. The city council shall758
determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the759
consideration for such franchises; provided, however, that no franchise shall be granted for760
a period in excess of 35 years and no franchise shall be granted unless the city receives just761
and adequate compensation therefor. The city council shall provide for the registration of762
all franchises with the city clerk in a registration book kept by the clerk. The city council763
may provide by ordinance for the registration within a reasonable time of all franchises764
previously granted.765 23 LC 47 2406/AP
H. B. 802
- 34 -
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax
766
on gross receipts for the use of this city's streets and alleys for the purposes of railroads,767
street railways, telephone companies, electric companies, electric membership corporations,768
cable television and other telecommunications companies, gas companies, transportation769
companies, and other similar organizations.770
SECTION 5.15.771
Service charges.772
The city council by ordinance shall have the power to assess and collect fees, charges, and773
tolls for sewers, sanitary and health services, or any other services provided or made774
available within and outside the corporate limits of the city for the total cost to the city of775
providing or making available such services. If unpaid, such charges shall be collected as776
provided in Section 5.18 of this charter.777
SECTION 5.16.778
Special assessments.779
The city council by ordinance shall have the power to assess and collect the cost of780
constructing, reconstructing, widening, or improving any public way, street, sidewalk,781
curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property782
owners under such terms and conditions as are reasonable. If unpaid, such charges shall be783
collected as provided in Section 5.18 of this charter.784 23 LC 47 2406/AP
H. B. 802
- 35 -
SECTION 5.17.
785
Construction; other taxes and fees.786
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,787
and the specific mention of any right, power, or authority in this article shall not be construed788
as limiting in any way the general powers of this city to govern its local affairs.789
SECTION 5.18.790
Collection of delinquent taxes and fees.791
The city council, by ordinance, may provide generally for the collection of delinquent taxes,792
fees, or other revenue due the city under Sections 5.10 through 5.17 by whatever reasonable793
means as are not precluded by law. This shall include providing for the dates when the taxes794
or fees are due; late penalties or interest; issuance and execution of any fi.fa.; creation and795
priority of liens; making delinquent taxes and fees personal debts of the persons required to796
pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees;797
and providing for the assignment or transfer of tax executions.798
SECTION 5.19.799
General obligation bonds.800
The city council shall have the power to issue bonds for the purpose of raising revenue to801
carry out any project, program, or venture authorized under this charter or the laws of the802
state. Such bonding authority shall be exercised in accordance with the laws governing bond803
issuance by municipalities in effect at the time said issue is undertaken.804 23 LC 47 2406/AP
H. B. 802
- 36 -
SECTION 5.20.
805
Revenue bonds.806
Revenue bonds may be issued by the city council as state law now or hereafter provides.807
Such bonds are to be paid out of any revenue produced by the project, program, or venture808
for which they were issued.809
SECTION 5.21.810
Short-term loans.811
The city may obtain short-term loans and must repay such loans not later than December 31812
of each year, unless otherwise provided by law.813
SECTION 5.22.814
Lease-purchase contracts.815
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the816
acquisition of goods, materials, real and personal property, services, and supplies provided817
the contract terminates without further obligation on the part of the municipality at the close818
of the calendar year in which it was executed and at the close of each succeeding calendar819
year for which it may be renewed. Contracts must be executed in accordance with the820
requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are821
or may hereafter be enacted.822 23 LC 47 2406/AP
H. B. 802
- 37 -
SECTION 5.23.
823
Fiscal year.824
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the825
budget year and the year for financial accounting and reporting of each and every office,826
department, agency, and activity of the city government unless otherwise provided by state827
or federal law.828
SECTION 5.24.829
Preparation of budgets.830
The city council shall provide an ordinance on the procedures and requirements for the831
preparation and execution of an annual operating budget, a capital improvement plan, and832
a capital budget, including requirements as to the scope, content, and form of such budgets833
and plans.834
SECTION 5.25.835
Operating budget.836
On or before a date fixed by the city council but not later than 30 days prior to the beginning837
of each fiscal year, the mayor shall submit to the city council a proposed operating budget838
for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor839
containing a statement of the general fiscal policies of the city, the important features of the840
budget, explanations of major changes recommended for the next fiscal year, a general841
summary of the budget, and such other pertinent comments and information. The operating842
budget and the capital budget hereinafter provided for, the budget message, and all843 23 LC 47 2406/AP
H. B. 802
- 38 -
supporting documents shall be filed in the office of the city clerk and shall be open to public
844
inspection.845
SECTION 5.26.846
Action by city council on budget.847
(a) The city council may amend the operating budget proposed by the mayor, except that the848
budget as finally amended and adopted must provide for all expenditures required by state849
law or by other provisions of this charter and for all debt service requirements for the ensuing850
fiscal year, and the total appropriations from any fund shall not exceed the estimated fund851
balance, reserves, and revenues.852
(b) The city council by ordinance shall adopt the final operating budget for the ensuing853
fiscal year not later than the 30th day of June of each year. If the city council fails to adopt854
the budget by this date, the amounts appropriated for operation for the current fiscal year855
shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items856
prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal857
year. Adoption of the budget shall take the form of an appropriations ordinance setting out858
the estimated revenues in detail by sources and making appropriations according to fund and859
by organizational unit, purpose, or activity as set out in the budget preparation ordinance860
adopted pursuant to Section 6.24 of this charter.861
(c) The amount set out in the adopted operating budget for each organizational unit shall862
constitute the annual appropriation for such, and no expenditure shall be made or863
encumbrance created in excess of the otherwise unencumbered balance of the appropriations864
or allotment thereof to which it is chargeable.865 23 LC 47 2406/AP
H. B. 802
- 39 -
SECTION 5.27.
866
Tax levies.867
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates868
set by such ordinance shall be such that reasonable estimates of revenues from such levy869
shall at least be sufficient, together with other anticipated revenues, fund balances, and870
applicable reserves, to equal the total amount appropriated for each of the several funds set871
forth in the annual operating budget for defraying the expenses of the general government872
of this city.873
SECTION 5.28.874
Changes in appropriations.875
The city council by ordinance may make changes in the appropriations contained in the876
current operating budget at any regular meeting, special, or emergency meeting called for877
such purpose, but any additional appropriations may be made only from an existing878
unexpended surplus.879
SECTION 5.29.880
Capital budget.881
(a) On or before the date fixed by the city council but no later than 30 days prior to the882
beginning of each fiscal year, the mayor shall submit to the city council a proposed capital883
improvement plan with a recommended capital budget containing the means of financing the884
improvements proposed for the ensuing fiscal year. The city council shall have power to885
accept, with or without amendments, or reject the proposed plan and proposed budget. The886
city council shall not authorize an expenditure for the construction of any building, structure,887 23 LC 47 2406/AP
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work, or improvement unless the appropriations for such project are included in the capital
888
budget, except to meet a public emergency as provided in Section 2.24 of this charter.889
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal890
year not later than the 30th day of June of each year. No appropriation provided for in a prior891
capital budget shall lapse until the purpose for which the appropriation was made shall have892
been accomplished or abandoned; provided, however, that the mayor may submit893
amendments to the capital budget at any time during the fiscal year, accompanied by894
recommendations. Any such amendments to the capital budget shall become effective only895
upon adoption by ordinance.896
SECTION 5.30.897
Independent audit.898
There shall be an annual independent audit of all city accounts, funds, and financial899
transactions by a certified public accountant selected by the city council. The audit shall be900
conducted according to generally accepted auditing principles. Any audit of funds by the901
state or federal governments may be accepted as satisfying the requirements of this charter.902
Copies of annual audit reports shall be available at printing costs to the public.903
SECTION 5.31.904
Contracting procedures.905
No contract with the city shall be binding on the city unless it is in writing, made or906
authorized by the city council, and such approval is entered in the city council minute book907
pursuant to Section 2.21 of this charter.908 23 LC 47 2406/AP
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- 41 -
SECTION 5.32.
909
Centralized purchasing.910
The city council shall by ordinance prescribe procedures for a system of centralized911
purchasing for the city.912
SECTION 5.33.913
Sale and lease of city property.914
(a) The city council may sell and convey or lease any real or personal property owned or915
held by the city for governmental or other purposes as now or hereafter provided by law.916
(b) The city council may quitclaim any rights it may have in property not needed for public917
purposes upon report by the mayor and adoption of a resolution, both finding that the918
property is not needed for public or other purposes and that the interest of the city has no919
readily ascertainable monetary value.920
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place921
of the city, a small parcel or tract of land is cut off or separated by such work from a larger922
tract or boundary of land owned by the city, the city council may authorize the mayor to sell923
and convey said cut off or separated parcel or tract of land to an abutting or adjoining924
property owner or owners where such sale and conveyance facilitates the enjoyment of the925
highest and best use of the abutting owner's property. Included in the sales contract shall be926
a provision for the rights-of-way of said street, avenue, alley, or public place. Each abutting927
property owner shall be notified of the availability of the property and given the opportunity928
to purchase said property under such terms and conditions as provided by the city council.929
All deeds and conveyances heretofore and hereafter so executed and delivered shall convey930
all title and interest the city has in such property, notwithstanding the fact that no public sale931
after advertisement was or is hereafter made.932 23 LC 47 2406/AP
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ARTICLE VI.
933
GENERAL PROVISIONS934
SECTION 6.10. 935
Bonds for officials.936
The officers and employees of this city, both elective and appointed, shall execute such937
surety or fidelity bonds in such amounts and upon such terms and conditions as the city938
council shall from time to time require by ordinance or as may be provided by state law.939
SECTION 6.11.940
Prior ordinances.941
All ordinances, resolutions, rules and regulations now in force in the city not inconsistent942
with this charter are hereby declared valid and of full effect and force until amended or943
repealed by the city council.944
SECTION 6.12. 945
Existing personnel and officers.946
Except as specifically provided otherwise by this charter, all personnel and officers of the947
city and their rights, privileges, and powers shall continue beyond the time this charter takes948
effect for a period of 90 days, before or during which the existing city council shall pass a949
transition ordinance detailing the changes in personnel and appointive officers required or950
desired and arranging such titles, rights, privileges, and powers as may be required or desired951
to allow a reasonable transition. 952 23 LC 47 2406/AP
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SECTION 6.13.
953
Pending matters.954
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,955
contracts, and legal or administrative proceedings shall continue and any such ongoing work956
or cases shall be completed by such city agencies, personnel, or offices as may be provided957
by the city council.958
SECTION 6.14.959
Construction.960
(a) Section captions in this charter are informative only and are not to be considered as a part961
thereof.962
(b) The word "shall" is mandatory and the word "may" is permissive. 963
(c) The singular shall include the plural, the masculine shall include the feminine, and vice964
versa.965
SECTION 6.15. 966
Severability.967
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be968
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect969
or impair other parts of this charter unless it clearly appears that such other parts are wholly970
and necessarily dependent upon the part held to be invalid or unconstitutional, it being the971
legislative intent in enacting this charter that each article, section, subsection, paragraph,972
sentence or part thereof be enacted separately and independent of each other. 973 23 LC 47 2406/AP
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SECTION 6.16.
974
Specific repealer.975
An Act incorporating the City of Morganton in the County of Fannin, approved December976
17, 1902 (Ga. L. 1902, p. 512), is hereby repealed in its entirety and all amendatory acts977
thereto are likewise repealed in their entirety. 978
SECTION 6.17. 979
General repealer.980
All laws and parts of laws in conflict with this charter are hereby repealed.981