Georgia 2023-2024 Regular Session

Georgia House Bill HB802 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 LC 47 2406~~/AP~~
	1	+	23 LC 47 2406
2	2		H. B. 802
3	3		- 1 -
4		-	House Bill 802 ~~(AS PASSED HOUSE AND SENATE)~~
	4	+	House Bill 802
5	5		By: Representative Chastain of the 7
6	6		th
7	7
8	8		A BILL TO BE ENTITLED
9	9		AN ACT
10	10		To provide a new charter for the City of Morganton; to provide for reincorporation,
11	11		1
12	12		boundaries, and powers of the city; to provide for the exercise of powers and limitations on2
13	13		powers; to provide for a governing authority of such city and the powers, duties, authority,3
14	14		prohibitions, election, terms, removal from office, method of filling vacancies, compensation,4
15	15		expenses, and qualifications of such authority; to provide for conflicts of interest and holding5
16	16		other offices; to provide for inquiries and investigations; to provide for organization and6
17	17		meeting procedures; to provide for quorums and voting; to provide for emergencies; to7
18	18		provide for ordinances; to provide for codes; to prohibit council interference with8
19	19		administration; to provide for election, power, and duties of the mayor; to provide for mayor9
20	20		pro tempore; to provide for veto; to provide for administrative responsibilities; to provide for10
21	21		boards, commissions, and authorities; to provide for a city attorney and city clerk; to provide11
22	22		for personnel policies to provide for municipal elections; to provide for taxation, permits, and12
23	23		fees; to provide for franchises, service charges, and assessments; to provide for bonded and13
24	24		other indebtedness; to provide for accounting and budgeting; to provide for capital14
25	25		improvements; to provide for contracting and purchasing; to provide for sale of city property;15
26	26		to provide for bonds for officials; to provide for pending matters, prior ordinances, and16
27		-	existing personnel; to provide for definitions and construction; to provide for severability;17 23 LC 47 2406~~/AP~~
	27	+	existing personnel; to provide for definitions and construction; to provide for severability;17 23 LC 47 2406
28	28		H. B. 802
29	29		- 2 -
30	30		to provide for related matters; to repeal a specific Act; to repeal conflicting laws; and for
31	31		18
32	32		other purposes.19
33	33		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20
34	34		ARTICLE I.21
35	35		INCORPORATION AND POWERS22
36	36		SECTION 1.10.23
37	37		Incorporation.24
38	38		This city and the inhabitants thereof are reincorporated by the enactment of this charter and25
39	39		are hereby constituted and declared a municipality and body politic and corporate under the26
40	40		name and style City of Morganton, Georgia, and by that name shall have perpetual27
41	41		succession.28
42	42		SECTION 1.11.29
43	43		Corporate boundaries.30
44	44		(a) The boundaries of this city shall be those existing on the effective date of the adoption31
45	45		of this charter with such alterations as may be made from time to time in the manner32
46	46		provided by law. The boundaries of this city at all times shall be shown on a map, a written33
47	47		description or any combination thereof, to be retained permanently in the city hall and to be34
48	48		designated, as the case may be: "Official Map (or Description) of the corporate limits of the35
49	49		City of Morganton, Georgia." Photographic, typed, or other copies of such map or36
50	50		description certified by the city clerk shall be admitted as evidence in all courts and shall37
51		-	have the same force and effect as the original map or description.38 23 LC 47 2406~~/AP~~
	51	+	have the same force and effect as the original map or description.38 23 LC 47 2406
52	52		H. B. 802
53	53		- 3 -
54	54		(b) The city council may provide for the redrawing of any such map by ordinance to reflect
55	55		39
56	56		lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes40
57	57		the entire map or description which it is designated to replace.41
58	58		SECTION 1.12.42
59	59		Powers and construction.43
60	60		(a) This city shall have all powers possible for a city to have under the present or future44
61	61		Constitution and laws of this state as fully and completely as though they were specifically45
62	62		enumerated in this charter. This city shall have all the powers of self-government not46
63	63		otherwise prohibited by this charter or by general law.47
64	64		(b) The powers of this city shall be construed liberally in favor of the city. The specific48
65	65		mention or failure to mention particular powers shall not be construed as limiting in any way49
66	66		the powers of this city.50
67	67		SECTION 1.13.51
68	68		Examples of powers.52
69	69		The powers of the city may include, but are not limited to:53
70	70		(1) Animal regulations. To regulate and license or to prohibit the keeping or running54
71	71		at large of animals and fowl, and to provide for the impoundment of same if in55
72	72		violation of any ordinance or lawful order; to provide for the disposition by sale, gift,56
73	73		or humane destruction of animals and fowl when not redeemed as provided by57
74	74		ordinance; and to provide punishment for violation of ordinances enacted under this58
75	75		charter;59
76	76		(2) Appropriations and expenditures. To make appropriations for the support of the60
77		-	government of the city; to authorize the expenditure of money for any purposes61 23 LC 47 2406~~/AP~~
	77	+	government of the city; to authorize the expenditure of money for any purposes61 23 LC 47 2406
78	78		H. B. 802
79	79		- 4 -
80	80		authorized by this charter and for any purpose for which a municipality is authorized
81	81		62
82	82		by the laws of the State of Georgia; and to provide for the payment of expenses of the63
83	83		city;64
84	84		(3) Building regulation. To regulate and to license the erection and construction of65
85	85		buildings and all other structures; to adopt building, housing, plumbing, fire safety,66
86	86		electrical, gas, and heating and air conditioning codes; and to regulate all housing and67
87	87		building trades;68
88	88		(4) Business regulation and taxation. To levy and to provide for the collection of69
89	89		regulatory fees and taxes on privileges, occupations, trades, and professions as70
90	90		authorized by Title 48 of the O.C.G.A. the "Georgia Public Revenue Code," or other71
91	91		such applicable laws as are or may hereafter be enacted; to permit and regulate the72
92	92		same; to provide for the manner and method of payment of such regulatory fees and73
93	93		taxes; and to revoke such permits after due process for failure to pay any city taxes74
94	94		or fees;75
95	95		(5) Condemnation. To condemn property, inside or outside the corporate limits of76
96	96		the city, for present or future use and for any corporate purpose deemed necessary by77
97	97		the governing authority utilizing procedures enumerated in Title 22 of the O.C.G.A.,78
98	98		or such other applicable laws as are now or may hereafter be enacted;79
99	99		(6) Contracts. To enter into contracts and agreements with other governmental80
100	100		entities and with private persons, firms, and corporations;81
101	101		(7) Emergencies. To establish procedures for determining and proclaiming that an82
102	102		emergency situation exists within or outside the city, and to make and carry out all83
103	103		reasonable provisions deemed necessary to deal with or meet such an emergency for84
104	104		the protection, safety, health, or well-being of the citizens of the city;85
105	105		(8) Environmental protection. To protect and preserve the natural resources,86
106	106		environment, and vital areas of the state through the preservation and improvement87
107		-	of air quality, the restoration and maintenance of water resources, the control of88 23 LC 47 2406~~/AP~~
	107	+	of air quality, the restoration and maintenance of water resources, the control of88 23 LC 47 2406
108	108		H. B. 802
109	109		- 5 -
110	110		erosion and sedimentation, the management of storm-water and establishment of a
111	111		89
112	112		storm-water utility, the management of solid and hazardous waste, and other90
113	113		necessary actions for the protection of the environment;91
114	114		(9) Fire regulations. To fix and establish fire limits and from time to time to extend,92
115	115		enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with93
116	116		general law relating to both fire prevention and detection and to firefighting; and to94
117	117		prescribe penalties and punishment for violations thereof;95
118	118		(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash96
119	119		collection and disposal, and other sanitary service charge, tax, or fee for such services97
120	120		as may be necessary in the operation of the city from all individuals, firms, and98
121	121		corporations residing in or doing business in the city benefiting from such services;99
122	122		to enforce the payment of such charges, taxes, or fees; and to provide for the manner100
123	123		and method of collecting such service charges;101
124	124		(11) General health, safety, and welfare. To define, regulate, and prohibit any act,102
125	125		practice, conduct, or use of property which is detrimental to health, sanitation,103
126	126		cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the104
127	127		enforcement of such standards;105
128	128		(12) Gifts . To accept or refuse gifts, donations, bequests, or grants from any source106
129	129		for any purpose related to powers and duties of the city and the general welfare of its107
130	130		citizens on such terms and conditions as the donor or grantor may impose;108
131	131		(13) Health and sanitation. To prescribe standards of health and sanitation and to109
132	132		provide for the enforcement of such standards;110
133	133		(14) Jail sentences. To provide that persons given jail sentences in the municipal111
134	134		court, if established, may work out such sentences in any public works or on the112
135	135		streets, roads, drains, and other public property in the city; to provide for commitment113
136	136		of such persons to any jail; to provide for the use of pretrial diversion and any114
137		-	alternative sentencing allowed by law, or to provide for commitment of such persons115 23 LC 47 2406~~/AP~~
	137	+	alternative sentencing allowed by law, or to provide for commitment of such persons115 23 LC 47 2406
138	138		H. B. 802
139	139		- 6 -
140	140		to any county work camp or county jail by agreement with the appropriate county
141	141		116
142	142		officials;117
143	143		(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control118
144	144		over all traffic, including parking upon or across the streets, roads, alleys, and119
145	145		walkways of the city;120
146	146		(16) Municipal agencies and delegation of power. To create, alter, or abolish121
147	147		departments, boards, offices, commissions, and agencies of the city, and to confer122
148	148		upon such agencies the necessary and appropriate authority for carrying out all the123
149	149		powers conferred upon or delegated to the same;124
150	150		(17) Municipal debts. To appropriate and borrow money for the payment of debts125
151	151		of the city and to issue bonds for the purpose of raising revenue to carry out any126
152	152		project, program, or venture authorized by this charter or the laws of the State of127
153	153		Georgia;128
154	154		(18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust129
155	155		or otherwise any real, personal, or mixed property, in fee simple or lesser interest,130
156	156		inside or outside the property limits of the city;131
157	157		(19) Municipal property protection. To provide for the preservation and protection132
158	158		of property and equipment of the city and the administration and use of same by the133
159	159		public, and to prescribe penalties and punishment for violations thereof;134
160	160		(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and135
161	161		dispose of public utilities, including but not limited to a system of waterworks, sewers136
162	162		and drains, sewage disposal, storm-water management, gas works, electric light137
163	163		plants, cable television and other telecommunications, transportation facilities, public138
164	164		airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees,139
165	165		assessments, regulations, and penalties; and to provide for the withdrawal of service140
166		-	for refusal or failure to pay the same;141 23 LC 47 2406~~/AP~~
	166	+	for refusal or failure to pay the same;141 23 LC 47 2406
167	167		H. B. 802
168	168		- 7 -
169	169		(21) Nuisance. To define a nuisance and provide for its abatement whether on public
170	170		142
171	171		or private property;143
172	172		(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant144
173	173		to the authority of this charter and the laws of the State of Georgia;145
174	174		(23) Planning and zoning. To provide comprehensive city planning for development146
175	175		by zoning, and to provide subdivision regulation and the like as the city council147
176	176		deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing148
177	177		community;149
178	178		(24) Police and fire protection. To exercise the power of arrest through duly150
179	179		appointed police officers, and to establish, operate, or contract for police and a151
180	180		firefighting agency;152
181	181		(25) Public hazards: removal. To provide for the destruction and removal of any153
182	182		building or other structure which is or may become dangerous or detrimental to the154
183	183		public;155
184	184		(26) Public improvements. To provide for the acquisition, construction, building,156
185	185		operation, and maintenance of public ways, parks and playgrounds, public grounds,157
186	186		recreational facilities, cemeteries, markets and market houses, public buildings,158
187	187		libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas159
188	188		systems, other public utilities, public housing, airports, hospitals, terminals, docks,160
189	189		parking facilities, and charitable, cultural, educational, recreational, conservation,161
190	190		sport, curative, corrective, detention, penal, and medical institutions, agencies, and162
191	191		facilities; to provide any other public improvements, inside or outside the corporate163
192	192		limits of the city; and to regulate the use of public improvements; for such purposes,164
193	193		property may be acquired by condemnation under Title 22 of the O.C.G.A. or such165
194	194		other applicable laws as are or may hereafter be enacted;166
195	195		(27) Public peace. To provide for the prevention and punishment of loitering,167
196		-	disorderly conduct, drunkenness, riots, and public disturbances;168 23 LC 47 2406~~/AP~~
	196	+	disorderly conduct, drunkenness, riots, and public disturbances;168 23 LC 47 2406
197	197		H. B. 802
198	198		- 8 -
199	199		(28) Public transportation. To organize and operate such public transportation
200	200		169
201	201		systems as are deemed beneficial;170
202	202		(29) Public utilities and services. To grant franchises or make contracts for, or171
203	203		impose taxes on public utilities and public service companies; and to prescribe the172
204	204		rates, fares, regulations, and standards and conditions of service applicable to the173
205	205		service to be provided by the franchise grantee or contractor, insofar as not in conflict174
206	206		with valid regulations of the Georgia Public Service Commission;175
207	207		(30) Regulation of roadside areas. To prohibit or regulate and control the erection,176
208	208		removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and177
209	209		any and all other structures or obstructions upon or adjacent to the rights-of-way of178
210	210		streets and roads or within view thereof, within or abutting the corporate limits of the179
211	211		city; and to prescribe penalties and punishment for violation of such ordinances;180
212	212		(31) Retirement. To provide and maintain a retirement plan and other employee181
213	213		benefit plans and programs for officers and employees of the city;182
214	214		(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the183
215	215		grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or184
216	216		otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads,185
217	217		alleys, and walkways within the corporate limits of the city; to grant franchises and186
218	218		rights-of-way throughout the streets and roads and over the bridges and viaducts for187
219	219		the use of public utilities; and to require real estate owners to repair and maintain in188
220	220		a safe condition the sidewalks adjoining their lots or lands, and to impose penalties189
221	221		for failure to do so;190
222	222		(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the191
223	223		acquiring, constructing, equipping, operating, maintaining, and extending of a sewage192
224	224		disposal plant and sewerage system, and to levy on those to whom sewers and193
225	225		sewerage systems are made available a sewer service fee, charge, or sewer tax for the194
226		-	availability or use of the sewers; to provide for the manner and method of collecting195 23 LC 47 2406~~/AP~~
	226	+	availability or use of the sewers; to provide for the manner and method of collecting195 23 LC 47 2406
227	227		H. B. 802
228	228		- 9 -
229	229		such service charges and for enforcing payment of the same; and to charge, impose,
230	230		196
231	231		and collect a sewer connection fee or fees to those connected with the system;197
232	232		(34) Solid waste disposal. To provide for the collection and disposal of garbage,198
233	233		rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish,199
234	234		and refuse by others; to provide for the separate collection of glass, tin, aluminum,200
235	235		cardboard, paper, and other recyclable materials, and to provide for the sale of such201
236	236		items;202
237	237		(35) Special areas of public regulation. To regulate or prohibit junk dealers and the203
238	238		manufacture and sale of intoxicating liquors; to regulate the transportation, storage,204
239	239		and use of combustible, explosive, and inflammable materials, the use of lighting and205
240	240		heating equipment, and any other business or situation which may be dangerous to206
241	241		persons or property; to regulate and control the conduct of peddlers and itinerant207
242	242		traders, theatrical performances, exhibitions, and shows of any kind, by taxation or208
243	243		otherwise; and to license, tax, regulate, or prohibit professional fortunetelling,209
244	244		palmistry, and massage parlors; and to restrict adult bookstores to certain areas;210
245	245		(36) Special assessments. To levy and provide for the collection of special211
246	246		assessments to cover the costs for any public improvements;212
247	247		(37) Taxes: ad valorem. To levy and provide for the assessment, valuation,213
248	248		revaluation, and collection of taxes on all property subject to taxation;214
249	249		(38) Taxes: other. To levy and collect such other taxes as may be allowed now or in215
250	250		the future by law;216
251	251		(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit217
252	252		the number of such vehicles; to require the operators thereof to be licensed; to require218
253	253		public liability insurance on such vehicles in the amounts to be prescribed by219
254	254		ordinance; and to regulate the parking of such vehicles;220
255	255		(40) Urban redevelopment. To organize and operate an urban redevelopment221
256		-	program; and222 23 LC 47 2406~~/AP~~
	256	+	program; and222 23 LC 47 2406
257	257		H. B. 802
258	258		- 10 -
259	259		(41) Other powers. To exercise and enjoy all other powers, functions, rights,
260	260		223
261	261		privileges, and immunities necessary or desirable to promote or protect the safety,224
262	262		health, peace, security, good order, comfort, convenience, or general welfare of the225
263	263		city and its inhabitants; to exercise all implied powers necessary or desirable to carry226
264	264		into execution all powers granted in this charter as fully and completely as if such227
265	265		powers were fully stated in this charter; and to exercise all powers now or in the228
266	266		future authorized to be exercised by other municipal governments under other laws229
267	267		of the State of Georgia. No list of particular powers in this charter shall be held to be230
268	268		exclusive of others, nor restrictive of general words and phrases granting powers, but231
269	269		shall be held to be in addition to such powers unless expressly prohibited to232
270	270		municipalities under the Constitution or applicable laws of the State of Georgia.233
271	271		SECTION 1.14.234
272	272		Exercise of powers.235
273	273		All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or236
274	274		employees shall be carried into execution as provided by this charter. If this charter makes237
275	275		no provision, such shall be carried into execution as provided by ordinance or as provided238
276	276		by pertinent laws of the State of Georgia.239
277	277		ARTICLE II.240
278	278		GOVERNMENT STRUCTURE241
279	279		SECTION 2.10.242
280		-	City council creation; number; election.243 23 LC 47 2406~~/AP~~
	280	+	City council creation; number; election.243 23 LC 47 2406
281	281		H. B. 802
282	282		- 11 -
283	283		The legislative authority of the government of this city, except as otherwise specifically
284	284		244
285	285		provided in this charter, shall be vested in a city council to be composed of a mayor and three245
286	286		councilmembers. Councilmembers shall be elected at large by the voters of the city in246
287	287		accordance with the provisions of Article IV of this charter. The mayor shall be elected as247
288	288		provided in Section 2.28 of this charter. The city council established shall in all respects be248
289	289		the successor to and continuation of the governing authority under prior law. The mayor and249
290	290		councilmembers shall be elected in the manner provided by general law and this charter.250
291	291		SECTION 2.11.251
292	292		City councilmembers; terms and qualifications for office.252
293	293		The members of the city council shall serve for terms of four years and until their respective253
294	294		successors are elected and qualified. No person shall be eligible to serve as a councilmember254
295	295		unless that person has been a resident of the city for 12 months prior to the date of election255
296	296		of members of the council; each shall continue to reside therein during that member's period256
297	297		of service and be registered and qualified to vote in municipal elections of this city.257
298	298		SECTION 2.12.258
299	299		Vacancy; filling of vacancies; suspensions.259
300	300		(a) The office of mayor or councilmember shall become vacant upon the incumbent's death,260
301	301		resignation, forfeiture of office, or occurrence of any event specified by the Constitution of261
302	302		the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may262
303	303		hereafter be enacted.263
304	304		(b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of264
305	305		the unexpired term, if any, by appointment by the city council or those members remaining265
306		-	if fewer than 14 months remain in the unexpired term. If such vacancy occurs 14 months or266 23 LC 47 2406~~/AP~~
	306	+	if fewer than 14 months remain in the unexpired term. If such vacancy occurs 14 months or266 23 LC 47 2406
307	307		H. B. 802
308	308		- 12 -
309	309		more prior to the expiration of the term of that office, it shall be filled for the remainder of
310	310		267
311	311		the unexpired term by a special election, as provided for in Section 4.14 of this charter.268
312	312		(c) This provision shall also apply to a temporary vacancy created by the suspension from269
313	313		office of the mayor or any councilmember.270
314	314		SECTION 2.13.271
315	315		Compensation and expenses.272
316	316		The mayor and councilmembers shall receive compensation and expenses for their services273
317	317		as provided by ordinance.274
318	318		SECTION 2.14.275
319	319		Conflicts of interest; holding other offices.276
320	320		(a) Elected and appointed officers of the city are trustees and servants of the residents of the277
321	321		city and shall act in a fiduciary capacity for the benefit of such residents;278
322	322		(b) No elected official, appointed officer, or employee of the city or any agency or political279
323	323		entity to which this charter applies shall knowingly:280
324	324		(1) Engage in any business or transaction, or have a financial interest or other281
325	325		personal interest, direct or indirect, which is incompatible with the proper discharge282
326	326		of that person's official duties or which would tend to impair the independence of that283
327	327		person's judgment or action in the performance of that person's official duties; 284
328	328		(2) Engage in or accept private employment, or render services for private interests285
329	329		when such employment or service is incompatible with the proper discharge of that286
330	330		person's official duties or would tend to impair the independence of that person's287
331		-	judgment or action in the performance of that person's official duties;288 23 LC 47 2406~~/AP~~
	331	+	judgment or action in the performance of that person's official duties;288 23 LC 47 2406
332	332		H. B. 802
333	333		- 13 -
334	334		(3) Disclose confidential information, including information obtained at meetings
335	335		289
336	336		which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the290
337	337		property government or affairs of the governmental body by which that person is291
338	338		engaged without proper legal authorization, or use such information to advance the292
339	339		financial or other private interest of that person or others;293
340	340		(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise,294
341	341		from any person, firm, or corporation which to that person's knowledge is interested,295
342	342		directly or indirectly, in any manner whatsoever, in business dealings with the296
343	343		governmental body by which that person is engaged; provided, however, that an297
344	344		elected official who is a candidate for public office may accept campaign298
345	345		contributions and services in connection with any such campaign;299
346	346		(5) Represent other private interests in any action or proceeding against this city or300
347	347		any portion of its government; or301
348	348		(6) Vote or otherwise participate in the negotiation or in the making of any contract302
349	349		with any business or entity in which that person has a financial interest.303
350	350		(c) Any elected official, appointed officer, or employee who shall have any financial304
351	351		interest, directly or indirectly, in any contract or matter pending before or within any305
352	352		department of the city shall disclose such interest to the city council. The mayor or any306
353	353		councilmember who has a financial interest in any matter pending before the city council307
354	354		shall disclose such interest; such disclosure shall be entered on the records of the city council,308
355	355		and that person shall disqualify himself or herself from participating in any decision or vote309
356	356		relating thereto. Any elected official, appointed officer, or employee of any agency or310
357	357		political entity to which this charter applies who shall have any financial interest, directly or311
358	358		indirectly, in any contract or matter pending before or within such entity shall disclose such312
359	359		interest to the governing body of such agency or entity.313
360	360		(d) No elected official, appointed officer, or employee of the city or any agency or entity to314
361		-	which this charter applies shall use property owned by such governmental entity for personal315 23 LC 47 2406~~/AP~~
	361	+	which this charter applies shall use property owned by such governmental entity for personal315 23 LC 47 2406
362	362		H. B. 802
363	363		- 14 -
364	364		benefit, convenience, or profit except in accordance with policies promulgated by the city
365	365		316
366	366		council or the governing body of such agency or entity.317
367	367		(e) Any violation of this section which occurs with the knowledge, express or implied, of318
368	368		a party to a contract or sale shall render said contract or sale voidable at the option of the city319
369	369		council.320
370	370		(f) Except where authorized by law, neither the mayor nor any councilmember shall hold321
371	371		any other elective or compensated appointive office in the city or otherwise be employed by322
372	372		said government or any agency thereof during the term for which that person was elected.323
373	373		No former councilmember and no former mayor shall hold any compensated appointive324
374	374		office in the city until two years after the expiration of the term for which that official was325
375	375		elected.326
376	376		(g) No appointed officer or employee of the city shall continue in such employment upon327
377	377		qualifying as a candidate for nomination or election to any city public office. No employee328
378	378		of the city shall continue in such employment upon qualifying for any other public office329
379	379		which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such330
380	380		determination shall be made by the mayor and council either immediately upon qualifying331
381	381		or at any time such conflict may arise.332
382	382		(h) Penalties for Violation.333
383	383		(1) Any city officer or employee who knowingly conceals such financial interest or334
384	384		knowingly violates any of the requirements of this section shall be guilty of335
385	385		malfeasance in office or position and shall be deemed to have forfeited that person's336
386	386		office or position.337
387	387		(2) Any officer or employee of the city who shall forfeit that person's office or338
388	388		position as described in paragraph (1) of this subsection shall be ineligible for339
389	389		appointment or election to or employment in a position in the city government for a340
390		-	period of five years thereafter.341 23 LC 47 2406~~/AP~~
	390	+	period of five years thereafter.341 23 LC 47 2406
391	391		H. B. 802
392	392		- 15 -
393	393		SECTION 2.15.
394	394		342
395	395		Inquiries and investigations.343
396	396		Following the affirmative vote of the city council authorizing such action, the city council344
397	397		may make inquiries and investigations into the affairs of the city and the conduct of any345
398	398		department, office, or agency thereof, and for this purpose may subpoena witnesses,346
399	399		administer oaths, take testimony, and require the production of evidence. Any person who347
400	400		fails or refuses to obey a lawful order issued in the exercise of these powers by the city348
401	401		council shall be punished as provided by ordinance.349
402	402		SECTION 2.16.350
403	403		General power and authority of the city council.351
404	404		(a) Except as otherwise provided by law or this charter, the city council shall be vested with352
405	405		all the powers of government of this city.353
406	406		(b) In addition to all other powers conferred upon it by law, the council shall have the354
407	407		authority to adopt and provide for the execution of such ordinances, resolutions, rules, and355
408	408		regulations, not inconsistent with this charter and the Constitution and the laws of the State356
409	409		of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,357
410	410		protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity,358
411	411		or well-being of the inhabitants of the City of Morganton and may enforce such ordinances359
412		-	by imposing penalties for violation thereof.360 23 LC 47 2406~~/AP~~
	412	+	by imposing penalties for violation thereof.360 23 LC 47 2406
413	413		H. B. 802
414	414		- 16 -
415	415		SECTION 2.17.
416	416		361
417	417		Eminent domain.362
418	418		The city council is hereby empowered to acquire, construct, operate, and maintain public363
419	419		ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,364
420	420		sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports,365
421	421		hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional,366
422	422		penal, and medical institutions, agencies, and facilities, and any other public improvements367
423	423		inside or outside the city and to regulate the use thereof; for such purposes, property may be368
424	424		condemned under procedures established under general law applicable now or as provided369
425	425		in the future.370
426	426		SECTION 2.18.371
427	427		Organizational meetings.372
428	428		The city council shall hold an organizational meeting on the second Tuesday in January. The373
429	429		meeting shall be called to order by the mayor and the oath of office shall be administered to374
430	430		the newly elected members by a judicial officer authorized to administer oaths and shall, to375
431	431		the extent that it comports with federal and state law, be as follows:376
432	432		"I do solemnly (swear) (affirm) that I will faithfully perform the duties of377
433	433		(mayor)(councilmember) of this city and that I will support and defend the charter378
434	434		thereof as well as the Constitution and laws of the State of Georgia and of the United379
435	435		States of America. I am not the holder of any unaccounted-for public money due this380
436	436		state or any political subdivision or authority thereof. I am not the holder of any381
437	437		office of trust under the government of the United States, any other state, or any382
438	438		foreign state which I by the laws of the State of Georgia am prohibited from holding.383
439		-	I am otherwise qualified to hold said office according to the Constitution and laws of384 23 LC 47 2406~~/AP~~
	439	+	I am otherwise qualified to hold said office according to the Constitution and laws of384 23 LC 47 2406
440	440		H. B. 802
441	441		- 17 -
442	442		Georgia. I have been a resident of the City of Morganton for the time required by the
443	443		385
444	444		Constitution and laws of this state and by the municipal charter. I will perform the386
445	445		duties of my office in the best interest of the City of Morganton to the best of my387
446	446		ability without fear, favor, affection, reward, or expectation thereof, so help me God."388
447	447		SECTION 2.19.389
448	448		Regular and special meetings.390
449	449		(a) The city council shall hold regular meetings at such times and places as shall be391
450	450		prescribed by ordinance.392
451	451		(b) Special meetings of the city council may be held on call of the mayor or any two393
452	452		members of the city council. Notice of such special meetings shall be served on all other394
453	453		members personally, or by telephone personally, at least 48 hours in advance of the meeting.395
454	454		Such notice to councilmembers shall not be required if the mayor and all councilmembers396
455	455		are present when the special meeting is called. Such notice of any special meeting may be397
456	456		waived by a councilmember in writing before or after such a meeting, and attendance at the398
457	457		meeting shall also constitute a waiver of notice on any business transacted in such399
458	458		councilmember's presence. Only the business stated in the call may be transacted at the400
459	459		special meeting.401
460	460		(c) All meetings of the city council shall be public to the extent required by law and notice402
461	461		to the public of special meetings shall be made fully as is reasonably possible as provided by403
462	462		Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter404
463		-	be enacted.405 23 LC 47 2406~~/AP~~
	463	+	be enacted.405 23 LC 47 2406
464	464		H. B. 802
465	465		- 18 -
466	466		SECTION 2.20.
467	467		406
468	468		Rules of procedure; committees.407
469	469		(a) The city council shall adopt its rules of procedure and order of business consistent with408
470	470		the provisions of this charter and shall provide for keeping a minute book of its proceedings,409
471	471		which shall be a public record.410
472	472		(b) All committees and committee chairs of the city council shall be appointed by the mayor411
473	473		and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new412
474	474		members to any committee at any time.413
475	475		SECTION 2.21.414
476	476		Quorum; voting.415
477	477		(a) Two councilmembers shall constitute a quorum and shall be authorized to transact416
478	478		business of the city council. Voting on the adoption of ordinances shall be by voice vote and417
479	479		the vote shall be recorded in the minutes, but any member of the city council shall have the418
480	480		right to request a roll call vote and such vote shall be recorded in the minutes. Except as419
481	481		otherwise provided in this charter, the affirmative vote of two councilmembers shall be420
482	482		required for the adoption of any ordinance, resolution, or motion.421
483	483		(b) No member of the city council shall abstain from voting on any matter properly brought422
484	484		before the council for official action except when such councilmember has a conflict of423
485	485		interest which is disclosed in writing prior to or at the meeting and made a part of the424
486	486		minutes. Any member of the city council present and eligible to vote on a matter and425
487	487		refusing to do so for any reason other than a properly disclosed and recorded conflict of426
488	488		interest shall be deemed to have acquiesced or concurred with the members of the majority427
489		-	who did vote on the question involved.428 23 LC 47 2406~~/AP~~
	489	+	who did vote on the question involved.428 23 LC 47 2406
490	490		H. B. 802
491	491		- 19 -
492	492		SECTION 2.22.
493	493		429
494	494		Ordinance form; procedures.430
495	495		(a) Every proposed ordinance should be introduced in writing and in the form required for431
496	496		final adoption. No ordinance shall contain a subject which is not expressed in its title. The432
497	497		enacting clause shall be "It is hereby ordained by the governing authority of the City of433
498	498		Morganton" and every ordinance shall so begin.434
499	499		(b) An ordinance may be introduced by the mayor or by any councilmember and be read at435
500	500		a regular or special meeting of the city council. Ordinances shall be considered and adopted436
501	501		or rejected by the city council in accordance with the rules which it shall establish; provided,437
502	502		however, that an ordinance shall not be adopted the same day it is introduced, except for438
503	503		emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any439
504	504		ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each440
505	505		councilmember and shall file a reasonable number of copies in the office of the clerk and at441
506	506		such other public places as the city council may designate.442
507	507		SECTION 2.23.443
508	508		Action requiring an ordinance.444
509	509		Acts of the city council which have the force and effect of law shall be enacted by ordinance.445
510	510		SECTION 2.24.446
511	511		Emergencies.447
512	512		(a) To meet a public emergency affecting life, health, property or public peace, the city448
513	513		council may convene on call of the mayor or any two councilmembers and promptly adopt449
514		-	an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a450 23 LC 47 2406~~/AP~~
	514	+	an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a450 23 LC 47 2406
515	515		H. B. 802
516	516		- 20 -
517	517		franchise; regulate the rate charged by any public utility for its services; or authorize the
518	518		451
519	519		borrowing of money except for loans to be repaid within 30 days. An emergency ordinance452
520	520		shall be introduced in the form prescribed for ordinances generally, except that it shall be453
521	521		plainly designated as an emergency ordinance and shall contain, after the enacting clause,454
522	522		a declaration stating that an emergency exists, and a description of the emergency in clear455
523	523		and specific terms. An emergency ordinance may be adopted, with or without amendment,456
524	524		or rejected at the meeting at which it is introduced, but the affirmative vote of at least three457
525	525		councilmembers shall be required for adoption. It shall become effective upon adoption or458
526	526		at such later time as it may specify. Every emergency ordinance shall automatically stand459
527	527		repealed 30 days following the date upon which it was adopted, but this shall not prevent460
528	528		reenactment of the ordinance in the manner specified in this section if the emergency still461
529	529		exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance462
530	530		in the same manner specified in this section for adoption of emergency ordinances.463
531	531		(b) Such meetings shall be open to the public to the extent required by law and notice to the464
532	532		public of emergency meetings shall be made as fully as is reasonably possible in accordance465
533	533		with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may466
534	534		hereafter be enacted.467
535	535		SECTION 2.25.468
536	536		Codes of technical regulations.469
537	537		(a) The city council may adopt any standard code of technical regulations by reference470
538	538		thereto in an adopting ordinance. The procedure and requirements governing such adopting471
539	539		ordinance shall be as prescribed for ordinances generally except that:472
540	540		(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution473
541	541		and filing of copies of the ordinance shall be construed to include copies of any code474
542		-	of technical regulations, as well as the adopting ordinance; and475 23 LC 47 2406~~/AP~~
	542	+	of technical regulations, as well as the adopting ordinance; and475 23 LC 47 2406
543	543		H. B. 802
544	544		- 21 -
545	545		(2) A copy of each adopted code of technical regulations, as well as the adopting
546	546		476
547	547		ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26477
548	548		of this charter.478
549	549		(b) Copies of any adopted code of technical regulations shall be made available by the clerk479
550	550		for inspection by the public.480
551	551		SECTION 2.26.481
552	552		Signing; authenticating; recording; codification; printing.482
553	553		(a) The city clerk shall authenticate by the clerk's signature and record in full in a properly483
554	554		indexed book kept for that purpose all ordinances adopted by the council. 484
555	555		(b) The city council shall provide for the preparation of a general codification of all the485
556	556		ordinances of the city having the force and effect of law. The general codification shall be486
557	557		adopted by the city council by ordinance and shall be published promptly, together with all487
558	558		amendments thereto and such codes of technical regulations and other rules and regulations488
559	559		as the city council may specify. This codification shall be known and may be cited officially489
560	560		as "Code of Ordinances, City of Morganton, Georgia." Copies of the Code of Ordinances490
561	561		shall be furnished to all officers, departments, and agencies of the city, and made available491
562	562		for purchase by the public at a reasonable price as fixed by the city council.492
563	563		(c) The city council shall cause each ordinance and each amendment to this charter to be493
564	564		printed promptly following its adoption, and the printed ordinances and charter amendments494
565	565		shall be made available for purchase by the public at reasonable prices to be fixed by the city495
566	566		council. Following publication of the first code under this charter and at all times thereafter,496
567	567		the ordinances and charter amendments shall be printed in substantially the same style as the497
568	568		code currently in effect and shall be suitable in form for incorporation therein. The city498
569		-	council shall make such further arrangements as deemed desirable with reproduction and499 23 LC 47 2406~~/AP~~
	569	+	council shall make such further arrangements as deemed desirable with reproduction and499 23 LC 47 2406
570	570		H. B. 802
571	571		- 22 -
572	572		distribution of any current changes in or additions to codes of technical regulations and other
573	573		500
574	574		rules and regulations included in the code.501
575	575		SECTION 2.27.502
576	576		Council interference with administration.503
577	577		Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the504
578	578		city council or its members shall deal with city officers and employees who are subject to the505
579	579		direction and supervision of the mayor solely through the mayor, and neither the city council506
580	580		nor its members shall give orders to any such officer or employee, either publicly or507
581	581		privately. The city council shall act in all matters as a body, and no member shall seek508
582	582		individually to influence the official acts of the mayor or any other officer or employee of509
583	583		the city, or direct or request the appointment or removal of any person to or from any office510
584	584		or position of employment, or to interfere in any way with the performance of the duties by511
585	585		the mayor or other officers or employees.512
586	586		SECTION 2.28.513
587	587		Election of mayor; forfeiture.514
588	588		The mayor shall be elected at large by the voters of the city and serve for a term of four years515
589	589		and until a successor is elected and qualified. The mayor shall be a qualified elector of this516
590	590		city and shall have been a resident of the city for 12 months prior to the date of election. The517
591	591		mayor shall continue to reside in this city during the period of service. The mayor shall518
592		-	forfeit the office on the same grounds and under the same procedure as for councilmembers.519 23 LC 47 2406~~/AP~~
	592	+	forfeit the office on the same grounds and under the same procedure as for councilmembers.519 23 LC 47 2406
593	593		H. B. 802
594	594		- 23 -
595	595		SECTION 2.29.
596	596		520
597	597		Mayor pro tempore.521
598	598		The city council at the first regular meeting after the newly elected councilmembers have522
599	599		taken office following each election shall elect a councilmember to serve as mayor pro523
600	600		tempore. The mayor pro tempore shall be elected by a majority vote of the city council. The524
601	601		mayor pro tempore shall serve for a term of two years. The mayor pro tempore shall assume525
602	602		the duties and powers of the mayor during the mayor's physical or mental disability,526
603	603		suspension from office, or absence. Any such disability of the mayor shall be declared by527
604	604		a majority vote of the city council. The mayor pro tempore shall sign all contracts and528
605	605		ordinances in which the mayor has a disqualifying financial interest as provided in529
606	606		Section 2.14 of this charter. When acting as mayor, the mayor pro tempore shall be entitled530
607	607		to vote only as a member of the council.531
608	608		SECTION 2.30.532
609	609		Powers and duties of mayor.533
610	610		The mayor shall:534
611	611		(1) Preside at all meetings of the city council;535
612	612		(2) Appoint and, when the mayor deems it necessary for the good of the city, suspend536
613	613		or remove all city employees and administrative officers the mayor appoints, except537
614	614		as otherwise provided by law or personnel ordinances adopted pursuant to this538
615	615		charter. The mayor may authorize any department director or administrative officer539
616	616		who is subject to the mayor's direction and supervision to exercise these powers with540
617	617		respect to subordinates in that officer's department, office, or agency;541
618	618		(3) Direct and supervise the administration of all departments, offices, and agencies542
619		-	of the city, except as otherwise provided by this charter or by law;543 23 LC 47 2406~~/AP~~
	619	+	of the city, except as otherwise provided by this charter or by law;543 23 LC 47 2406
620	620		H. B. 802
621	621		- 24 -
622	622		(4) See that all laws, provisions of this charter, and acts of the city council, subject
623	623		544
624	624		to enforcement by the mayor or by officers subject to the mayor's direction and545
625	625		supervision, are faithfully executed;546
626	626		(5) Prepare and submit the annual operating budget and capital budget to the city547
627	627		council;548
628	628		(6) Submit to the city council and make available to the public a complete report on549
629	629		the finances and administrative activities of the city as of the end of each fiscal year;550
630	630		(7) Keep the city council fully advised as to the financial condition and future needs551
631	631		of the city and make such recommendations to the city council concerning the affairs552
632	632		of the city as the mayor deems desirable;553
633	633		(8) Be the head of the city for the purpose of service of process and for ceremonial554
634	634		purposes and be the official spokesperson for the city and the chief advocate of555
635	635		policy;556
636	636		(9) Have the power to administer oaths and to take affidavits;557
637	637		(10) Sign as a matter of course on behalf of the city all written and approved558
638	638		contracts, ordinances, resolutions, and other instruments executed by the city which559
639	639		by law are required to be in writing;560
640	640		(11) Vote on matters before the city council only in the case of a tie vote between561
641	641		councilmembers;562
642	642		(12) Approve or disapprove resolutions and ordinances as provided in Section 2.31563
643	643		of this charter; and564
644	644		(13) Perform such other duties as may be required by law, this charter, or by565
645		-	ordinance.566 23 LC 47 2406~~/AP~~
	645	+	ordinance.566 23 LC 47 2406
646	646		H. B. 802
647	647		- 25 -
648	648		SECTION 2.31.
649	649		567
650	650		Submission of ordinances to the mayor; veto power.568
651	651		(a) Every resolution or ordinance adopted by the city council shall be presented by the city569
652	652		clerk to the mayor within 96 hours after the adjournment of any council meeting. 570
653	653		(b) The mayor, within ten calendar days of receipt of a resolution or ordinance, shall return571
654	654		it to the city clerk with or without the mayor's approval or with a veto. If the resolution or572
655	655		ordinance has been approved by the mayor, it shall become law upon its return to the city573
656	656		clerk; if the resolution or ordinance is neither approved nor disapproved, it shall become law574
657	657		at twelve o'clock Noon on the fifteenth calendar day after its adoption by the city council;575
658	658		if the resolution or ordinance is vetoed, the mayor shall submit to the city council through576
659	659		the city clerk a written statement explaining the reasons for the veto. The city clerk shall577
660	660		record upon the resolution or ordinance the date of its delivery to and receipt from the mayor.578
661	661		(c) Resolutions or ordinances vetoed by the mayor shall be presented by the city clerk to the579
662	662		city council at its next meeting. If the city council then or at its next meeting adopts the580
663	663		resolution or ordinance over the veto by an affirmative vote of three of its members, it shall581
664	664		become law.582
665	665		(d) The mayor may disapprove or reduce any item or items of appropriation in any583
666	666		resolution or ordinance except appropriations for auditing or investigating the office of584
667	667		mayor. The approved part or parts of any resolution or ordinance making appropriations585
668	668		shall become law, and the part or parts disapproved shall not become law unless586
669	669		subsequently passed by the city council over the mayor's veto as provided in this charter.587
670	670		The reduced part or parts shall be presented to city council as though disapproved and shall588
671	671		not become law unless overridden by the city council as provided in subsection (c) of this589
672	672		section.590
673		-	(e) The mayor shall not have the power to veto any emergency ordinance.591 23 LC 47 2406~~/AP~~
	673	+	(e) The mayor shall not have the power to veto any emergency ordinance.591 23 LC 47 2406
674	674		H. B. 802
675	675		- 26 -
676	676		ARTICLE III.
677	677		592
678	678		ADMINISTRATIVE AFFAIRS593
679	679		SECTION 3.10.594
680	680		Administrative and service departments.595
681	681		(a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe596
682	682		the functions or duties, and establish, abolish, alter, consolidate, or leave vacant all597
683	683		nonelective offices, positions of employment, departments, and agencies of the city, as598
684	684		necessary for the proper administration of the affairs and government of this city.599
685	685		(b) Except as otherwise provided by this charter or by law, the directors of departments and600
686	686		other appointed officers of the city shall be appointed solely on the basis of their respective601
687	687		administrative and professional qualifications.602
688	688		(c) All appointed officers and directors of departments shall receive such compensation as603
689	689		prescribed by ordinance or resolution.604
690	690		(d) There shall be a director of each department or agency who shall be its principal officer.605
691	691		Each director shall, subject to the direction and supervision of the mayor, be responsible for606
692	692		the administration and direction of the affairs and operations of that director's department or607
693	693		agency.608
694	694		(e) All directors of departments shall be subject to removal or suspension at any time by the609
695	695		mayor in the manner provided by the city's personnel policy and procedure manual.610
696	696		SECTION 3.11.611
697	697		Boards, commissions, and authorities.612
698	698		(a) The city council shall create by ordinance or resolution such boards, commissions, and613
699		-	authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city614 23 LC 47 2406~~/AP~~
	699	+	authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city614 23 LC 47 2406
700	700		H. B. 802
701	701		- 27 -
702	702		council deems necessary and shall by ordinance or resolution establish the composition,
703	703		615
704	704		period of existence, duties, and powers thereof.616
705	705		(b) All members of boards, commissions, and authorities of the city shall be appointed by617
706	706		the city council for such terms of office and in such manner as shall be provided by618
707	707		ordinance, except where another appointing authority, term of office, or manner of619
708	708		appointment is prescribed by this charter or by law.620
709	709		(c) The city council may by ordinance provide for the compensation and reimbursement for621
710	710		actual and necessary expenses of the members of any board, commission, or authority.622
711	711		(d) Except as otherwise provided by charter or by law, no member of any board,623
712	712		commission, or authority of the city shall hold any elective office in the city.624
713	713		(e) Any vacancy on a board, commission, or authority of the city shall be filled for the625
714	714		unexpired term in the manner prescribed herein for original appointment, except as otherwise626
715	715		provided by this charter or by law.627
716	716		(f) No member of a board, commission, or authority shall assume office until that person has628
717	717		executed and filed with the clerk of the city an oath obligating himself or herself to faithfully629
718	718		and impartially perform the duties of that member's office.630
719	719		(g) All members of boards, commissions, or authorities serve at will and may be removed631
720	720		at any time by a majority vote of the city council unless otherwise provided by law.632
721	721		(h) Except as otherwise provided by this charter or by law, each board, commission, or633
722	722		authority of the city shall elect one of its members as chair and one member as634
723	723		vice-chairperson, and may elect as its secretary one of its own members or may appoint as635
724	724		secretary an employee of the city. Each board, commission, or authority of the city636
725	725		government may establish such bylaws, rules, and regulations, not inconsistent with this637
726	726		charter, ordinances of the city, or law, as it deems appropriate and necessary for the638
727	727		fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and639
728		-	regulations shall be filed with the clerk of the city.640 23 LC 47 2406~~/AP~~
	728	+	regulations shall be filed with the clerk of the city.640 23 LC 47 2406
729	729		H. B. 802
730	730		- 28 -
731	731		SECTION 3.12.
732	732		641
733	733		City attorney.642
734	734		(a) The mayor shall appoint a city attorney, together with such assistant city attorneys as643
735	735		may be authorized, and shall provide for the payment of such attorney or attorneys for644
736	736		services rendered to the city. The city attorney shall be responsible for providing for the645
737	737		representation and defense of the city in all litigation in which the city is a party; may be the646
738	738		prosecuting officer in the municipal court; shall attend the meetings of the council as647
739	739		directed; shall advise the city council, mayor, and other officers and employees of the city648
740	740		concerning legal aspects of the city's affairs; and shall perform such other duties as may be649
741	741		required by virtue of the person's position as city attorney.650
742	742		(b) The city attorney is not a public official of the city and does not take an oath of office.651
743	743		The city attorney shall at all times be an independent contractor. A law firm, rather than an652
744	744		individual, may be designated as the city attorney.653
745	745		SECTION 3.13.654
746	746		City clerk.655
747	747		The mayor shall appoint a city clerk who shall not be the mayor or a councilmember. The656
748	748		city clerk shall be custodian of the official city seal and city records; maintain city council657
749	749		records required by this charter; attend meetings of the city council and keep minutes of its658
750	750		proceedings at such meetings; and perform such other duties as may be required by the city659
751		-	council.660 23 LC 47 2406~~/AP~~
	751	+	council.660 23 LC 47 2406
752	752		H. B. 802
753	753		- 29 -
754	754		SECTION 3.14.
755	755		661
756	756		Personnel policies.662
757	757		The city council shall adopt by ordinance a personnel policy and procedure manual. All663
758	758		employees shall be governed by the city's personnel policy and procedure manual.664
759	759		ARTICLE IV.665
760	760		ELECTIONS AND REMOVAL666
761	761		SECTION 4.10.667
762	762		Applicability of general law.668
763	763		All primaries and elections shall be held and conducted in accordance with Chapter 2 of669
764	764		Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.670
765	765		SECTION 4.11.671
766	766		Election of the city council and mayor.672
767	767		Beginning in 2025 and every four years thereafter, on the Tuesday following the first673
768	768		Monday in November, there shall be an election for city councilmembers for Council Posts 2674
769	769		and 3 and shall continue in office for the terms to which he or she was elected and until his675
770	770		or her successor is elected and available as provided in this charter. Beginning in 2027,676
771	771		and every four years thereafter, on the Tuesday following the first Monday in November,677
772	772		there shall be an election for the mayor and city councilmember for Council Post 1 and shall678
773	773		continue in office for the terms to which he or she was elected and until his or her successor679
774	774		is elected and qualified as provided in this charter. The terms of office shall begin at the680
775		-	organizational meeting as provided for in Section 2.18 of this charter. The terms of office681 23 LC 47 2406~~/AP~~
	775	+	organizational meeting as provided for in Section 2.18 of this charter. The terms of office681 23 LC 47 2406
776	776		H. B. 802
777	777		- 30 -
778	778		of the mayor and councilmembers elected pursuant to this section shall begin at the time of
779	779		682
780	780		taking the oath of office as provided in Section 2.21.683
781	781		SECTION 4.12.684
782	782		Nonpartisan elections.685
783	783		Political parties shall not conduct primaries for city offices and all names of candidates for686
784	784		city offices shall be listed without party designations.687
785	785		SECTION 4.13.688
786	786		Election by plurality.689
787	787		The person receiving a plurality of the votes cast for any city office shall be elected.690
788	788		SECTION 4.14.691
789	789		Special elections; vacancies.692
790	790		In the event that the office of mayor or councilmember shall become vacant as provided in693
791	791		Section 2.12 of this charter, the city council or those remaining shall order a special election694
792	792		to fill the balance of the unexpired term of such official; provided, however, that if such695
793	793		vacancy occurs within 14 months of the expiration of the term of that office, the city council696
794	794		or those remaining shall appoint a successor for the remainder of the term. In all other697
795	795		respects, the special election shall be held and conducted in accordance with Chapter 2 of698
796		-	Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.699 23 LC 47 2406~~/AP~~
	796	+	Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.699 23 LC 47 2406
797	797		H. B. 802
798	798		- 31 -
799	799		SECTION 4.15.
800	800		700
801	801		Other provisions.701
802	802		Except as otherwise provided by this charter, the city council shall by ordinance prescribe702
803	803		such rules and regulations as it deems appropriate to fulfill any options and duties under703
804	804		Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."704
805	805		SECTION 4.16.705
806	806		Removal of officers.706
807	807		(a) The mayor, councilmembers, or other appointed officers provided for in this charter707
808	808		shall be removed from office for any one or more of the causes provided in Title 45 of the708
809	809		O.C.G.A., or such other applicable laws as are or may hereafter be enacted.709
810	810		(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished710
811	811		by one of the following methods:711
812	812		(1) Following a hearing at which an impartial panel shall render a decision. In the712
813	813		event an elected officer is sought to be removed by the action of the city council, such713
814	814		officer shall be entitled to a written notice specifying the ground or grounds for714
815	815		removal and to a public hearing which shall be held not less than ten days after the715
816	816		service of such written notice. The city council shall provide by ordinance for the716
817	817		manner in which such hearings shall be held. Any elected officer sought to be717
818	818		removed from office as provided in this section shall have the right of appeal from the718
819	819		decision of the city council to the Superior Court of Fannin County. Such appeal shall719
820	820		be governed by the same rules as govern appeals to the superior court from the720
821	821		probate court; or721
822	822		(2) By an order of the Superior Court of Fannin County following a hearing on a722
823		-	complaint seeking such removal brought by any resident of the City of Morganton.723 23 LC 47 2406~~/AP~~
	823	+	complaint seeking such removal brought by any resident of the City of Morganton.723 23 LC 47 2406
824	824		H. B. 802
825	825		- 32 -
826	826		ARTICLE V.
827	827		724
828	828		FINANCE725
829	829		SECTION 5.10.726
830	830		Property tax.727
831	831		The city council may assess, levy, and collect an ad valorem tax on all real and personal728
832	832		property within the corporate limits of the city that is subject to such taxation by the state and729
833	833		county. This tax is for the purpose of raising revenues to defray the costs of operating the730
834	834		city government, of providing governmental services, for the repayment of principal and731
835	835		interest on general obligations, and for any other public purpose as determined by the city732
836	836		council in its discretion.733
837	837		SECTION 5.11.734
838	838		Millage rate; due dates; payment methods.735
839	839		The city council by ordinance shall establish a millage rate for the city property tax, a due736
840	840		date, and the time period within which these taxes must be paid. The city council, by737
841	841		ordinance, may provide for the payment of these taxes by installments or in one lump sum,738
842	842		as well as authorize the voluntary payment of taxes prior to the time when due.739
843	843		SECTION 5.12.740
844	844		Occupation and business taxes.741
845	845		The city council by ordinance shall have the power to levy such occupation or business taxes742
846		-	as are not denied by law. The city council may classify businesses, occupations, or743 23 LC 47 2406~~/AP~~
	846	+	as are not denied by law. The city council may classify businesses, occupations, or743 23 LC 47 2406
847	847		H. B. 802
848	848		- 33 -
849	849		professions for the purpose of such taxation in any way which may be lawful and may
850	850		744
851	851		compel the payment of such taxes as provided in Section 5.18 of this charter.745
852	852		SECTION 5.13.746
853	853		Regulatory fees; permits.747
854	854		The city council by ordinance shall have the power to require businesses or practitioners748
855	855		doing business in this city to obtain a permit for such activity from the city and pay a749
856	856		regulatory fee for such permit as provided by general law. Such fees shall reflect the total750
857	857		cost to the city of regulating the activity, and if unpaid, shall be collected as provided in751
858	858		Section 5.18 of this charter.752
859	859		SECTION 5.14.753
860	860		Franchises.754
861	861		(a) The city council shall have the power to grant franchises for the use of this city's streets755
862	862		and alleys for the purposes of railroads, street railways, telephone companies, electric756
863	863		membership corporations, cable television and other telecommunications companies, gas757
864	864		companies, transportation companies, and other similar organizations. The city council shall758
865	865		determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the759
866	866		consideration for such franchises; provided, however, that no franchise shall be granted for760
867	867		a period in excess of 35 years and no franchise shall be granted unless the city receives just761
868	868		and adequate compensation therefor. The city council shall provide for the registration of762
869	869		all franchises with the city clerk in a registration book kept by the clerk. The city council763
870	870		may provide by ordinance for the registration within a reasonable time of all franchises764
871		-	previously granted.765 23 LC 47 2406~~/AP~~
	871	+	previously granted.765 23 LC 47 2406
872	872		H. B. 802
873	873		- 34 -
874	874		(b) If no franchise agreement is in effect, the city council has the authority to impose a tax
875	875		766
876	876		on gross receipts for the use of this city's streets and alleys for the purposes of railroads,767
877	877		street railways, telephone companies, electric companies, electric membership corporations,768
878	878		cable television and other telecommunications companies, gas companies, transportation769
879	879		companies, and other similar organizations.770
880	880		SECTION 5.15.771
881	881		Service charges.772
882	882		The city council by ordinance shall have the power to assess and collect fees, charges, and773
883	883		tolls for sewers, sanitary and health services, or any other services provided or made774
884	884		available within and outside the corporate limits of the city for the total cost to the city of775
885	885		providing or making available such services. If unpaid, such charges shall be collected as776
886	886		provided in Section 5.18 of this charter.777
887	887		SECTION 5.16.778
888	888		Special assessments.779
889	889		The city council by ordinance shall have the power to assess and collect the cost of780
890	890		constructing, reconstructing, widening, or improving any public way, street, sidewalk,781
891	891		curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property782
892	892		owners under such terms and conditions as are reasonable. If unpaid, such charges shall be783
893		-	collected as provided in Section 5.18 of this charter.784 23 LC 47 2406~~/AP~~
	893	+	collected as provided in Section 5.18 of this charter.784 23 LC 47 2406
894	894		H. B. 802
895	895		- 35 -
896	896		SECTION 5.17.
897	897		785
898	898		Construction; other taxes and fees.786
899	899		This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,787
900	900		and the specific mention of any right, power, or authority in this article shall not be construed788
901	901		as limiting in any way the general powers of this city to govern its local affairs.789
902	902		SECTION 5.18.790
903	903		Collection of delinquent taxes and fees.791
904	904		The city council, by ordinance, may provide generally for the collection of delinquent taxes,792
905	905		fees, or other revenue due the city under Sections 5.10 through 5.17 by whatever reasonable793
906	906		means as are not precluded by law. This shall include providing for the dates when the taxes794
907	907		or fees are due; late penalties or interest; issuance and execution of any fi.fa.; creation and795
908	908		priority of liens; making delinquent taxes and fees personal debts of the persons required to796
909	909		pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees;797
910	910		and providing for the assignment or transfer of tax executions.798
911	911		SECTION 5.19.799
912	912		General obligation bonds.800
913	913		The city council shall have the power to issue bonds for the purpose of raising revenue to801
914	914		carry out any project, program, or venture authorized under this charter or the laws of the802
915	915		state. Such bonding authority shall be exercised in accordance with the laws governing bond803
916		-	issuance by municipalities in effect at the time said issue is undertaken.804 23 LC 47 2406~~/AP~~
	916	+	issuance by municipalities in effect at the time said issue is undertaken.804 23 LC 47 2406
917	917		H. B. 802
918	918		- 36 -
919	919		SECTION 5.20.
920	920		805
921	921		Revenue bonds.806
922	922		Revenue bonds may be issued by the city council as state law now or hereafter provides.807
923	923		Such bonds are to be paid out of any revenue produced by the project, program, or venture808
924	924		for which they were issued.809
925	925		SECTION 5.21.810
926	926		Short-term loans.811
927	927		The city may obtain short-term loans and must repay such loans not later than December 31812
928	928		of each year, unless otherwise provided by law.813
929	929		SECTION 5.22.814
930	930		Lease-purchase contracts.815
931	931		The city may enter into multiyear lease, purchase, or lease-purchase contracts for the816
932	932		acquisition of goods, materials, real and personal property, services, and supplies provided817
933	933		the contract terminates without further obligation on the part of the municipality at the close818
934	934		of the calendar year in which it was executed and at the close of each succeeding calendar819
935	935		year for which it may be renewed. Contracts must be executed in accordance with the820
936	936		requirements of Code Section 36-60-13 of the O.C.G.A. or other such applicable laws as are821
937		-	or may hereafter be enacted.822 23 LC 47 2406~~/AP~~
	937	+	or may hereafter be enacted.822 23 LC 47 2406
938	938		H. B. 802
939	939		- 37 -
940	940		SECTION 5.23.
941	941		823
942	942		Fiscal year.824
943	943		The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the825
944	944		budget year and the year for financial accounting and reporting of each and every office,826
945	945		department, agency, and activity of the city government unless otherwise provided by state827
946	946		or federal law.828
947	947		SECTION 5.24.829
948	948		Preparation of budgets.830
949	949		The city council shall provide an ordinance on the procedures and requirements for the831
950	950		preparation and execution of an annual operating budget, a capital improvement plan, and832
951	951		a capital budget, including requirements as to the scope, content, and form of such budgets833
952	952		and plans.834
953	953		SECTION 5.25.835
954	954		Operating budget.836
955	955		On or before a date fixed by the city council but not later than 30 days prior to the beginning837
956	956		of each fiscal year, the mayor shall submit to the city council a proposed operating budget838
957	957		for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor839
958	958		containing a statement of the general fiscal policies of the city, the important features of the840
959	959		budget, explanations of major changes recommended for the next fiscal year, a general841
960	960		summary of the budget, and such other pertinent comments and information. The operating842
961		-	budget and the capital budget hereinafter provided for, the budget message, and all843 23 LC 47 2406~~/AP~~
	961	+	budget and the capital budget hereinafter provided for, the budget message, and all843 23 LC 47 2406
962	962		H. B. 802
963	963		- 38 -
964	964		supporting documents shall be filed in the office of the city clerk and shall be open to public
965	965		844
966	966		inspection.845
967	967		SECTION 5.26.846
968	968		Action by city council on budget.847
969	969		(a) The city council may amend the operating budget proposed by the mayor, except that the848
970	970		budget as finally amended and adopted must provide for all expenditures required by state849
971	971		law or by other provisions of this charter and for all debt service requirements for the ensuing850
972	972		fiscal year, and the total appropriations from any fund shall not exceed the estimated fund851
973	973		balance, reserves, and revenues.852
974	974		(b) The city council by ordinance shall adopt the final operating budget for the ensuing853
975	975		fiscal year not later than the 30th day of June of each year. If the city council fails to adopt854
976	976		the budget by this date, the amounts appropriated for operation for the current fiscal year855
977	977		shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items856
978	978		prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal857
979	979		year. Adoption of the budget shall take the form of an appropriations ordinance setting out858
980	980		the estimated revenues in detail by sources and making appropriations according to fund and859
981	981		by organizational unit, purpose, or activity as set out in the budget preparation ordinance860
982	982		adopted pursuant to Section 6.24 of this charter.861
983	983		(c) The amount set out in the adopted operating budget for each organizational unit shall862
984	984		constitute the annual appropriation for such, and no expenditure shall be made or863
985	985		encumbrance created in excess of the otherwise unencumbered balance of the appropriations864
986		-	or allotment thereof to which it is chargeable.865 23 LC 47 2406~~/AP~~
	986	+	or allotment thereof to which it is chargeable.865 23 LC 47 2406
987	987		H. B. 802
988	988		- 39 -
989	989		SECTION 5.27.
990	990		866
991	991		Tax levies.867
992	992		The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates868
993	993		set by such ordinance shall be such that reasonable estimates of revenues from such levy869
994	994		shall at least be sufficient, together with other anticipated revenues, fund balances, and870
995	995		applicable reserves, to equal the total amount appropriated for each of the several funds set871
996	996		forth in the annual operating budget for defraying the expenses of the general government872
997	997		of this city.873
998	998		SECTION 5.28.874
999	999		Changes in appropriations.875
1000	1000		The city council by ordinance may make changes in the appropriations contained in the876
1001	1001		current operating budget at any regular meeting, special, or emergency meeting called for877
1002	1002		such purpose, but any additional appropriations may be made only from an existing878
1003	1003		unexpended surplus.879
1004	1004		SECTION 5.29.880
1005	1005		Capital budget.881
1006	1006		(a) On or before the date fixed by the city council but no later than 30 days prior to the882
1007	1007		beginning of each fiscal year, the mayor shall submit to the city council a proposed capital883
1008	1008		improvement plan with a recommended capital budget containing the means of financing the884
1009	1009		improvements proposed for the ensuing fiscal year. The city council shall have power to885
1010	1010		accept, with or without amendments, or reject the proposed plan and proposed budget. The886
1011		-	city council shall not authorize an expenditure for the construction of any building, structure,887 23 LC 47 2406~~/AP~~
	1011	+	city council shall not authorize an expenditure for the construction of any building, structure,887 23 LC 47 2406
1012	1012		H. B. 802
1013	1013		- 40 -
1014	1014		work, or improvement unless the appropriations for such project are included in the capital
1015	1015		888
1016	1016		budget, except to meet a public emergency as provided in Section 2.24 of this charter.889
1017	1017		(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal890
1018	1018		year not later than the 30th day of June of each year. No appropriation provided for in a prior891
1019	1019		capital budget shall lapse until the purpose for which the appropriation was made shall have892
1020	1020		been accomplished or abandoned; provided, however, that the mayor may submit893
1021	1021		amendments to the capital budget at any time during the fiscal year, accompanied by894
1022	1022		recommendations. Any such amendments to the capital budget shall become effective only895
1023	1023		upon adoption by ordinance.896
1024	1024		SECTION 5.30.897
1025	1025		Independent audit.898
1026	1026		There shall be an annual independent audit of all city accounts, funds, and financial899
1027	1027		transactions by a certified public accountant selected by the city council. The audit shall be900
1028	1028		conducted according to generally accepted auditing principles. Any audit of funds by the901
1029	1029		state or federal governments may be accepted as satisfying the requirements of this charter.902
1030	1030		Copies of annual audit reports shall be available at printing costs to the public.903
1031	1031		SECTION 5.31.904
1032	1032		Contracting procedures.905
1033	1033		No contract with the city shall be binding on the city unless it is in writing, made or906
1034	1034		authorized by the city council, and such approval is entered in the city council minute book907
1035		-	pursuant to Section 2.21 of this charter.908 23 LC 47 2406~~/AP~~
	1035	+	pursuant to Section 2.21 of this charter.908 23 LC 47 2406
1036	1036		H. B. 802
1037	1037		- 41 -
1038	1038		SECTION 5.32.
1039	1039		909
1040	1040		Centralized purchasing.910
1041	1041		The city council shall by ordinance prescribe procedures for a system of centralized911
1042	1042		purchasing for the city.912
1043	1043		SECTION 5.33.913
1044	1044		Sale and lease of city property.914
1045	1045		(a) The city council may sell and convey or lease any real or personal property owned or915
1046	1046		held by the city for governmental or other purposes as now or hereafter provided by law.916
1047	1047		(b) The city council may quitclaim any rights it may have in property not needed for public917
1048	1048		purposes upon report by the mayor and adoption of a resolution, both finding that the918
1049	1049		property is not needed for public or other purposes and that the interest of the city has no919
1050	1050		readily ascertainable monetary value.920
1051	1051		(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place921
1052	1052		of the city, a small parcel or tract of land is cut off or separated by such work from a larger922
1053	1053		tract or boundary of land owned by the city, the city council may authorize the mayor to sell923
1054	1054		and convey said cut off or separated parcel or tract of land to an abutting or adjoining924
1055	1055		property owner or owners where such sale and conveyance facilitates the enjoyment of the925
1056	1056		highest and best use of the abutting owner's property. Included in the sales contract shall be926
1057	1057		a provision for the rights-of-way of said street, avenue, alley, or public place. Each abutting927
1058	1058		property owner shall be notified of the availability of the property and given the opportunity928
1059	1059		to purchase said property under such terms and conditions as provided by the city council.929
1060	1060		All deeds and conveyances heretofore and hereafter so executed and delivered shall convey930
1061	1061		all title and interest the city has in such property, notwithstanding the fact that no public sale931
1062		-	after advertisement was or is hereafter made.932 23 LC 47 2406~~/AP~~
	1062	+	after advertisement was or is hereafter made.932 23 LC 47 2406
1063	1063		H. B. 802
1064	1064		- 42 -
1065	1065		ARTICLE VI.
1066	1066		933
1067	1067		GENERAL PROVISIONS934
1068	1068		SECTION 6.10. 935
1069	1069		Bonds for officials.936
1070	1070		The officers and employees of this city, both elective and appointed, shall execute such937
1071	1071		surety or fidelity bonds in such amounts and upon such terms and conditions as the city938
1072	1072		council shall from time to time require by ordinance or as may be provided by state law.939
1073	1073		SECTION 6.11.940
1074	1074		Prior ordinances.941
1075	1075		All ordinances, resolutions, rules and regulations now in force in the city not inconsistent942
1076	1076		with this charter are hereby declared valid and of full effect and force until amended or943
1077	1077		repealed by the city council.944
1078	1078		SECTION 6.12. 945
1079	1079		Existing personnel and officers.946
1080	1080		Except as specifically provided otherwise by this charter, all personnel and officers of the947
1081	1081		city and their rights, privileges, and powers shall continue beyond the time this charter takes948
1082	1082		effect for a period of 90 days, before or during which the existing city council shall pass a949
1083	1083		transition ordinance detailing the changes in personnel and appointive officers required or950
1084	1084		desired and arranging such titles, rights, privileges, and powers as may be required or desired951
1085		-	to allow a reasonable transition. 952 23 LC 47 2406~~/AP~~
	1085	+	to allow a reasonable transition. 952 23 LC 47 2406
1086	1086		H. B. 802
1087	1087		- 43 -
1088	1088		SECTION 6.13.
1089	1089		953
1090	1090		Pending matters.954
1091	1091		Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,955
1092	1092		contracts, and legal or administrative proceedings shall continue and any such ongoing work956
1093	1093		or cases shall be completed by such city agencies, personnel, or offices as may be provided957
1094	1094		by the city council.958
1095	1095		SECTION 6.14.959
1096	1096		Construction.960
1097	1097		(a) Section captions in this charter are informative only and are not to be considered as a part961
1098	1098		thereof.962
1099	1099		(b) The word "shall" is mandatory and the word "may" is permissive. 963
1100	1100		(c) The singular shall include the plural, the masculine shall include the feminine, and vice964
1101	1101		versa.965
1102	1102		SECTION 6.15. 966
1103	1103		Severability.967
1104	1104		If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be968
1105	1105		held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect969
1106	1106		or impair other parts of this charter unless it clearly appears that such other parts are wholly970
1107	1107		and necessarily dependent upon the part held to be invalid or unconstitutional, it being the971
1108	1108		legislative intent in enacting this charter that each article, section, subsection, paragraph,972
1109		-	sentence or part thereof be enacted separately and independent of each other. 973 23 LC 47 2406~~/AP~~
	1109	+	sentence or part thereof be enacted separately and independent of each other. 973 23 LC 47 2406
1110	1110		H. B. 802
1111	1111		- 44 -
1112	1112		SECTION 6.16.
1113	1113		974
1114	1114		Specific repealer.975
1115	1115		An Act incorporating the City of Morganton in the County of Fannin, approved December976
1116	1116		17, 1902 (Ga. L. 1902, p. 512), is hereby repealed in its entirety and all amendatory acts977
1117	1117		thereto are likewise repealed in their entirety. 978
1118	1118		SECTION 6.17. 979
1119	1119		General repealer.980
1120	1120		All laws and parts of laws in conflict with this charter are hereby repealed.981