Georgia Senate Bill SB114 Introduced / Bill

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Senate Bill 114
By: Senators Robertson of the 29th, Beach of the 21st, Dolezal of the 27th, Brass of the 28th,
Anderson of the 24th and others 
A BILL TO BE ENTITLED
AN ACT
To incorporate the City of Buckhead City; to provide a charter; to provide for boundaries and
1
powers of the city; to provide for a governing authority of such city and the powers, duties,2
authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions,3
conflicts of interest, and suspension and removal from office relative to members of such4
governing authority; to provide for inquiries and investigations; to provide for oaths,5
organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and6
codes; to provide for a mayor, mayor pro tempore, and city manager and certain duties,7
powers, and other matters relative thereto; to provide for administrative affairs and8
responsibilities; to provide for boards, commissions, and authorities; to provide for a city9
attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules10
and regulations; to provide for a municipal court and the judge or judges thereof and other11
matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and12
procedures; to provide for the right of certiorari; to provide for elections; to provide for13
taxation, licenses, and fees; to provide for a millage rate cap; to provide for taxation on14
behalf of the Atlanta Independent School System; to provide for franchises, service charges,15
and assessments; to provide for bonded and other indebtedness; to provide for auditing,16
accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to17
provide for the conveyance of property and interests therein; to provide for bonds for18 23 LC 47 2144ER
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officials; to provide for prior ordinances and rules, pending matters, and existing personnel;
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to provide for penalties; to provide for definitions and construction; to provide for other20
matters relative to the foregoing; to provide for a referendum; to provide contingent effective21
dates, automatic repeal, and transitional provisions governing the transfer of various22
functions and responsibilities from the City of Atlanta to the City of Buckhead City; to23
provide for the transfer and assumption of bonded obligations; to provide for the continuation24
of lease purchase and intergovernmental agreements; to provide for severability; to provide25
for effective dates; to repeal conflicting laws; and for other purposes.26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:27
ARTICLE I.28
INCORPORATION AND POWERS29
SECTION 1.10.30
Name.31
This Act shall constitute the charter of the City of Buckhead City.  The city and the32
inhabitants thereof are constituted and declared a body politic and corporate under the name33
and style "City of Buckhead City, Georgia," and by that name shall have perpetual34
succession.35
SECTION 1.11.36
Corporate boundaries.37
(a)  The boundaries of this city shall be those set forth and described in Appendix A of this38
charter, and said Appendix A is incorporated into and made a part of this charter.  The39 23 LC 47 2144ER
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boundaries of this city at all times shall be shown on a map, a written description, or any
40
combination thereof, to be retained permanently in the office of the city clerk and to be41
designated, as the case may be: "Official Map (or Description) of the corporate limits of42
the City of Buckhead City, Georgia."  Photographic, typed, or other copies of such map or43
description certified by the city clerk shall be admitted as evidence in all courts and shall44
have the same force and effect as with the original map or description.45
(b)  The city council may provide for the redrawing of any such map by ordinance to reflect46
lawful changes in the corporate boundaries.  A redrawn map shall supersede for all47
purposes the entire map or maps which it is designated to replace.48
SECTION 1.12.49
Powers and construction.50
(a)  Except as provided in subsection (b) of this section, this city shall have the following51
powers:52
(1)  Animal regulations.  To regulate and license or to prohibit the keeping or running at53
large of animals and fowl and to provide for the impoundment of same if in violation of54
any ordinance or lawful order; to provide for the disposition by sale, gift, or humane55
destruction of animals and fowl when not redeemed as provided by ordinance; and to56
provide punishment for violation of ordinances enacted under this charter;57
(2)  Appropriations and expenditures.  To make appropriations for the support of the58
government of the city; to authorize the expenditure of money for any purposes59
authorized by this charter and for any purpose for which a municipality is authorized by60
the laws of the State of Georgia; and to provide for the payment of expenses of the city;61
(3)  Building regulation.  To regulate and to license the erection and construction of62
buildings and all other structures; to adopt building, housing, plumbing, electrical, gas,63
and heating and air-conditioning codes; and to regulate all housing and building trades;64 23 LC 47 2144ER
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(4)  Contracts.  To enter into contracts and agreements with other governmental entities
65
and with private persons, firms, and corporations;66
(5)  Emergencies.  To establish procedures for determining and proclaiming that an67
emergency situation exists within or outside the city and to make and carry out all68
reasonable provisions deemed necessary to deal with or meet such an emergency for the69
protection, safety, health, or well-being of the citizens of the city;70
(6)  Environmental protection.  To protect and preserve the natural resources,71
environment, and vital areas of the state through the preservation and improvement of air72
quality, the restoration and maintenance of water resources, the control of erosion and73
sedimentation, the management of solid and hazardous waste, and other necessary actions74
for the protection of the environment;75
(7)  Fire regulations.  To fix and establish fire limits and from time to time to extend,76
enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with77
general law, relating to both fire prevention and detection and to fire fighting; and to78
prescribe penalties and punishment for violations thereof;79
(8)  General health, safety, and welfare.  To define, regulate, and prohibit any act,80
practice, conduct, or use of property which is detrimental to health, sanitation,81
cleanliness, welfare, and safety of the inhabitants of the city and to provide for the82
enforcement of such standards;83
(9)  Gifts.  To accept or refuse gifts, donations, bequests, or grants from any source for84
any purpose related to powers and duties of the city and the general welfare of its85
citizens, on such terms and conditions as the donor or grantor may impose;86
(10)  Health and sanitation.  To prescribe standards of health and sanitation and to87
provide for the enforcement of such standards;88
(11)  Jail sentences.  To provide that persons given jail sentences in the municipal court89
may work out such sentences in any public works or on the streets, roads, drains, and90
other public property in the city; to provide for commitment of such persons to any jail;91 23 LC 47 2144ER
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or to provide for commitment of such persons to any county work camp or county jail by
92
agreement with the appropriate county officials;93
(12)  Municipal agencies and delegation of power.  To create, alter, or abolish94
departments, boards, offices, commissions, and agencies of the city and to confer upon95
such agencies the necessary and appropriate authority for carrying out all the powers96
conferred upon or delegated to the same;97
(13)  Municipal debts.  To appropriate and borrow money for the payment of debts of the98
city and to issue bonds for the purpose of raising revenue to carry out any project,99
program, or venture authorized by this charter or the laws of the State of Georgia;100
(14)  Municipal property ownership.  To acquire, dispose of, lease, and hold in trust or101
otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or102
outside the property limits of the city;103
(15)  Municipal property protection.  To provide for the preservation and protection of104
property and equipment of the city and the administration and use of same by the public;105
and to prescribe penalties and punishment for violations thereof;106
(16)  Nuisance.  To define a nuisance and provide for its abatement whether on public or107
private property;108
(17)  Penalties.  To provide penalties for violation of any ordinances adopted pursuant to109
the authority of this charter and the laws of the State of Georgia;110
(18)  Planning and zoning.  To provide comprehensive city planning for development by111
zoning; and to provide subdivision regulation and the like as the city council deems112
necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;113
(19)  Public hazards; removal.  To provide for the destruction and removal of any114
building or other structure which is or may become dangerous or detrimental to the115
public;116
(20)  Public improvements.  To provide for the acquisition, construction, building,117
operation, and maintenance of parks and playgrounds, public grounds, recreational118 23 LC 47 2144ER
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facilities, public buildings, and charitable, cultural, educational, recreational,
119
conservation, and sport institutions, agencies, and facilities; and to regulate the use of120
public improvements;121
(21)  Public utilities and services.  To grant franchises or make contracts for or impose122
taxes on public utilities and public service companies and to prescribe the rates, fares,123
regulations, and standards and conditions of service applicable to the service to be124
provided by the franchise grantee or contractor, insofar as not in conflict with valid125
regulations of the Georgia Public Service Commission;126
(22)  Regulation of roadside areas.  To prohibit or regulate and control the erection,127
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any128
and all other structures or obstructions upon or adjacent to the rights of way of streets and129
roads or within view thereof, within or abutting the corporate limits of the city; and to130
prescribe penalties and punishment for violation of such ordinances;131
(23)  Retirement.  To provide and maintain a retirement plan for officers and employees132
of the city;133
(24)  Roadways.  To grant franchises and rights of way throughout the streets and roads134
and over the bridges and viaducts for the use of public utilities; and to require real estate135
owners to repair and maintain in a safe condition the sidewalks adjoining their lots or136
lands and to impose penalties for failure to do so;137
(25)  Special areas of public regulation.  To regulate or prohibit junk dealers, pawn shops,138
the manufacture, sale, or transportation of any intoxicating liquors, alcoholic beverages,139
and the use of firearms; to regulate the transportation, storage, and use of combustible,140
explosive, and inflammable materials, the use of lighting and heating equipment, and any141
other business or situation which may be dangerous to persons or property; to regulate142
and control the conduct of peddlers and itinerant traders, theatrical performances,143
exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate,144
or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;145 23 LC 47 2144ER
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(26)  Special assessments.  To levy and provide for the collection of special assessments
146
to cover the costs for any public improvements;147
(27)  Taxes: ad valorem.  To levy and provide for the assessment, valuation, revaluation,148
and collection of taxes on all property subject to taxation;149
(28)  Taxes: other.  To levy and collect such other taxes as may be allowed now or in the150
future by law;151
(29)  Taxicabs.  To regulate and license vehicles operated for hire in the city; to limit the152
number of such vehicles; to require the operators thereof to be licensed; to require public153
liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to154
regulate the parking of such vehicles; and155
(30)  Other powers.  To exercise and enjoy all other powers, functions, rights, privileges,156
and immunities necessary or desirable to promote or protect the safety, health, peace,157
security, good order, comfort, convenience, or general welfare of the city and its158
inhabitants; to exercise all implied powers necessary or desirable to carry into execution159
all powers granted in this charter as fully and completely as if such powers were fully160
stated herein; and to exercise all powers now or in the future authorized to be exercised161
by other municipal governments under other laws of the State of Georgia; and any listing162
of particular powers in this charter shall not be held to be exclusive of others or restrictive163
of general words and phrases granting powers, but shall be held to be in addition to such164
powers unless expressly prohibited to municipalities under the Constitution or applicable165
laws of the State of Georgia.166
(b)  All powers, functions, rights, privileges, and immunities of the city, its officers,167
agencies, or employees shall be carried into execution as provided by this charter.  If this168
charter makes no provision, such shall be carried into execution as provided by ordinance169
or as provided by pertinent laws of the State of Georgia.170 23 LC 47 2144ER
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ARTICLE II.
171
GOVERNMENT STRUCTURE172
SECTION 2.10.173
City council creation; number; election.174
(a)  The legislative authority of the government of this city, except as otherwise specifically175
provided in this charter, shall be vested in a city council of which the mayor shall be a176
voting member.177
(b)(1)  The city council of the City of Buckhead City shall consist of six members, plus178
the mayor.179
(2)  For the purposes of electing members of the city council, the City of Buckhead City180
shall be divided into six council districts, designated Council Districts 1 through 6.181
Council Districts 1, 2, 3, 4, 5, and 6 shall be and correspond to those six numbered182
districts described in Appendix B attached to and made a part of this Act and further183
identified as "User: SD053 Plan Name: BuckheadCity-Districts-2022 Plan Type: Local".184
(3)(A)  For the purposes of such plan:185
(i)  The term "VTD" shall mean and describe the same geographical boundaries as186
provided in the report of the Bureau of the Census for the United States decennial187
census of 2020 for the State of Georgia.  The separate numeric designations in a188
district description which are underneath a VTD heading shall mean and describe189
individual Blocks within a VTD as provided in the report of the Bureau of the Census190
for the United States decennial census of 2020 for the State of Georgia; and191
(ii)  Except as otherwise provided in the description of any district, whenever the192
description of any district refers to a named city, it shall mean the geographical193
boundaries of that city as shown on the census maps for the United States decennial194
census of 2020 for the State of Georgia.195 23 LC 47 2144ER
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(B)  Any part of the City of Buckhead City which is not included in any district
196
described in paragraph (2) of this subsection shall be included within that district197
contiguous to such part which contains the least population according to the United198
States decennial census of 2020 for the State of Georgia.199
(C)  Any part of City of Buckhead City which is described in paragraph (2) of this200
subsection as being included in a particular district shall nevertheless not be included201
within such district if such part is not contiguous to such district.  Such noncontiguous202
part shall instead be included within that district contiguous to such part which contains203
the least population according to the United States decennial census of 2020 for the204
State of Georgia.205
(D)  Any part of the City of Buckhead City which is described in paragraph (2) of this206
subsection as being included in a particular district which, on the effective date of this207
Act, is within the corporate boundaries of another municipality shall not be included208
within such district. 209
(E)  Any part of the City of Buckhead City which is described in paragraph (2) of this210
subsection as being included in a particular district which is not within the corporate211
boundaries of the City of Buckhead City shall not be included within such district. 212
(4)  Following each decennial census, the city council shall revise such districts pursuant213
to Code Section 36-35-4.1 of the O.C.G.A. to maintain a proper population balance214
among such districts. 215
(5)  One councilmember shall be elected from each of the six council districts. Each216
person desiring to offer as a candidate for councilmember shall designate the council217
district for which he or she is offering. Councilmembers shall be elected by a majority218
vote of the qualified electors of the respective council districts voting at the elections of219
the city. In the event that no candidate for a council district obtains a majority vote of the220
qualified electors of the council district voting in the election, a run-off election shall be221
held.  The candidates receiving the two highest numbers of votes in the election for such222 23 LC 47 2144ER
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council district shall be included in the run-off election.  The person receiving the highest
223
number of votes of the qualified electors of the council district voting at such run-off224
election shall be elected.  Each candidate for election to the city council shall reside in225
the district he or she seeks to represent. 226
(c)  With the exception of the initial terms set forth in subsection (d) of this section,227
councilmembers shall be elected to terms of four years and until their successors are228
elected and qualified on a staggered basis in alternate election cycles such that every two229
years two councilmembers are up for election. 230
(d)(1)  In order to ensure staggered elections of the councilmembers, in the first election231
of the city council the terms for the candidates elected for Council Districts 2, 4, and 6232
shall expire upon the administration of the oath of office to their successors elected in the233
regular election held in November, 2025.234
(2)  The terms for the candidates elected for Council Districts 1, 3, and 5 shall expire235
upon the administration of the oath of office to their successors elected in the regular236
election held in November, 2027.  237
(3)  Thereafter, a successor to each councilmember shall be elected at the November238
election immediately preceding the end of such councilmember's term of office, and the239
term of each councilmember shall expire upon the administration of the oath of office to240
his or her successor. 241
(e)(1)  With the exception of the initial term of office, the mayor of the City of Buckhead242
City, with the powers and duties specified herein, shall be elected to a term of four years243
and until his or her successor is elected and qualified. The mayor shall be elected by a244
majority vote of the qualified electors of the city at large voting at the elections of the245
city. In the event that no candidate for mayor obtains a majority vote of the qualified246
electors of the city at large voting at the elections of the city, a run-off election shall be247
held.  The candidates receiving the two highest numbers of votes in the election shall be248
included in the run-off election, and the candidate receiving the highest number of votes249 23 LC 47 2144ER
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in the run-off election of the qualified electors of the city at large voting at such run-off
250
election shall be elected. 251
(2)  The term of the first elected mayor shall expire upon the administration of the oath252
of office to his or her successor elected in the regular election held in November, 2027.253
Thereafter, a successor to each mayor shall be elected at the November election254
immediately preceding the end of such mayor's term of office, and the term of each255
mayor shall expire upon the administration of the oath of office to his or her successor.256
SECTION 2.11.257
Mayor and councilmembers; terms and qualifications for office.258
(a)  For all elections subsequent to the first election, the mayor and councilmembers shall259
serve for terms of four years and until their terms expire upon the administration of the oath260
of office to their successors. No person shall be eligible to serve as mayor or261
councilmember unless that person shall have been a resident of the City of Buckhead City262
for a continuous period of at least 12 months immediately prior to the date of the election263
for mayor or councilmember, shall continue to reside therein during that person's period264
of service, and shall continue to be registered and qualified to vote in municipal elections265
of the City of Buckhead City.  In addition to the above requirements, no person shall be266
eligible to serve as a councilmember representing a council district unless that person has267
been a resident of the district such person seeks to represent for a continuous period of at268
least six months immediately prior to the date of the election for councilmember and269
continues to reside in such district during that person's period of service. 270
(b)  An election shall be held on the third Tuesday in March, 2025, to elect the first mayor271
and city council. At such election, the first mayor and council shall be elected to serve for272
the initial terms of office specified in subsection (e) of Section 2.01 of this charter.273 23 LC 47 2144ER
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Thereafter, the time for holding regular municipal elections shall be on the Tuesday next
274
following the first Monday in November of each odd-numbered year beginning in 2027.275
(c)  For the initial terms of the councilmembers of Districts 2, 4, and 6, the councilmembers276
serving from such districts shall serve full time. Thereafter, Districts 2, 4, and 6 will be277
part-time positions.  For the first two years of the initial terms of the councilmembers of278
Districts 1, 3, and 5, the councilmembers serving from such districts shall serve full time,279
and thereafter Districts 1, 3, and 5 will be part-time positions.280
(d)  The number of consecutive terms an individual may hold a position as a281
councilmember shall be unlimited. 282
(e)  The number of consecutive terms an individual may hold the position of mayor shall283
be limited to two four-year terms and shall not include any partial term of office served as284
mayor.285
(f)  No person who has been convicted of a felony or a crime of moral turpitude shall be286
eligible for election or to serve as mayor or councilmember.   287
(g)  No person who was a holder of elected public office at the time of the enactment of this288
charter shall be eligible for election or to serve as mayor or councilmember during the first289
four years of the city's existence.290
SECTION 2.12.291
Vacancy; filling of vacancies; suspensions.292
(a)  Vacancies.  The office of mayor or councilmember shall become vacant upon such293
person's failing or ceasing to reside in the city or upon the occurrence of any event294
specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are295
or may hereafter be enacted, or upon qualifying for any municipal office other than296
reelection to the present office held.  Notwithstanding any other provisions within this297 23 LC 47 2144ER
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charter, the mayor, or such other presiding officer of the council upon disqualification of
298
the mayor, shall appoint the successor to serve the balance of the vacated term.299
(b)  Filling of vacancies.  A vacancy in the office of mayor or councilmember shall be300
filled for the remainder of the unexpired term, if any, by appointment if less than 12301
months remain in the unexpired term, otherwise by an election as provided for in Section302
5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may303
hereafter be enacted.304
(c)  Suspension.  Upon the suspension from office of mayor or councilmember in any305
manner authorized by the general laws of the State of Georgia, the city council or those306
remaining shall appoint a successor for the duration of the suspension.  If the suspension307
becomes permanent, then the office shall become vacant and shall be filled for the308
remainder of the unexpired term, if any, as provided for in this charter.309
SECTION 2.13.310
Compensation and expenses.311
(a)(1)  The mayor shall receive an initial salary of $225,000.00 per year for the first four312
years, paid in equal monthly installments from the funds of the city, and $179,000.00 for313
any year following. 314
(2)  Each councilmember shall receive a salary of $72,000.00 per year for the part-time315
positions, paid in equal monthly installments from the funds of the city.316
(b) The mayor and councilmember salaries are subject to cost of living increases as317
ascertained by the city council.318
(c)  The mayor and councilmembers may alter their compensation, as provided by law;319
provided, however, that five affirmative votes shall be required to raise the salary pursuant320
to this provision and a unanimous vote shall be required to lower the salary pursuant to this321
provision.322 23 LC 47 2144ER
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SECTION 2.14.
323
Conflicts of interest; holding other offices.324
(a)  Elected and appointed officers of the city are trustees and servants of the residents of325
the city and shall act in a fiduciary capacity for the benefit of such residents.326
(b)  Conflict of interest.  No elected official, appointed officer, or employee of the city or327
any agency or political entity to which this charter applies shall knowingly:328
(1)  Engage in any business or transaction or have a financial or other personal interest,329
direct or indirect, which is incompatible with the proper discharge of that person's official330
duties or which would tend to impair the independence of that person's judgment or331
action in the performance of that person's official duties;332
(2)  Engage in or accept private employment or render services for private interests when333
such employment or service is incompatible with the proper discharge of that person's334
official duties or would tend to impair the independence of that person's judgment or335
action in the performance of that person's official duties;336
(3)  Disclose confidential information, including information obtained at meetings which337
are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,338
government, or affairs of the governmental body by which that person is engaged without339
proper legal authorization or use such information to advance the financial or other340
private interest of that person or others;341
(4)  Accept any valuable gift, whether in the form of service, loan, thing, or promise,342
from any person, firm, or corporation which to that person's knowledge is interested,343
directly or indirectly, in any manner whatsoever, in business dealings with the344
governmental body by which that person is engaged; provided, however, that an elected345
official who is a candidate for public office may accept campaign contributions and346
services in connection with any such campaign;347 23 LC 47 2144ER
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(5)  Represent other private interests in any action or proceeding against this city or any
348
portion of its government; or349
(6)  Vote or otherwise participate in the negotiation or in the making of any contract with350
any business or entity in which that person has a financial interest.351
(c)  Disclosure.  Any elected official, appointed officer, or employee who shall have any352
financial interest, directly or indirectly, in any contract or matter pending before or within353
any department of the city shall disclose such interest to the city council.  The mayor or any354
councilmember who has a financial interest in any matter pending before the city council355
shall disclose such interest and such disclosure shall be entered on the records of the city356
council, and that person shall disqualify himself or herself from participating in any357
decision or vote relating thereto.  Any elected official, appointed officer, or employee of358
any agency or political entity to which this charter applies who shall have any financial359
interest, directly or indirectly, in any contract or matter pending before or within such360
entity shall disclose such interest to the governing body of such agency or entity.361
(d)  Use of public property.  No elected official, appointed officer, or employee of the city362
or any agency or entity to which this charter applies shall use property owned by such363
governmental entity for personal benefit, convenience, or profit except in accordance with364
policies promulgated by the city council or the governing body of such agency or entity.365
(e)  Contracts voidable and rescindable.  Any violation of this section which occurs with366
the knowledge, express or implied, of a party to a contract or sale shall render such contract367
or sale voidable at the option of the city council.368
(f)  Ineligibility of elected official.  Except where authorized by law, neither the mayor nor369
any councilmember shall hold any other elective or compensated appointive office in the370
city or otherwise be employed by said government or any agency thereof during the term371
for which that person was elected.  No former councilmember and no former mayor shall372
hold any compensated appointive office in the city until one year after the expiration of the373
term for which that person was elected.374 23 LC 47 2144ER
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(g)  Political activities of certain officers and employees.  No appointed officer and no
375
employee of the city shall continue in such employment upon qualifying as a candidate for376
nomination or election to any public office.  No employee of the city shall continue in such377
employment upon election to any public office in this city or any other public office which378
is inconsistent, incompatible, or in conflict with the duties of the city employee.  Such379
determination shall be made by the mayor and city council either immediately upon380
election or at any time such conflict may arise.381
(h)  Penalties for violation.382
(1)  Any city officer or employee who knowingly conceals such financial interest or383
knowingly violates any of the requirements of this section shall be guilty of malfeasance384
in office or position and shall be deemed to have forfeited that person's office or position.385
(2)  Any officer or employee of the city who shall forfeit that person's office or position386
as described in paragraph (1) of this subsection shall be ineligible for appointment or387
election to or employment in a position in the city government for a period of three years388
thereafter.389
SECTION 2.15.390
Inquiries and investigations.391
Following the adoption of an authorizing resolution, the city council may make inquiries and392
investigations into the affairs of the city and conduct of any department, office, or agency393
thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and394
require the production of evidence.  Any person who fails or refuses to obey a lawful order395
issued in the exercise of these powers by the city council shall be punished as may be396
provided by ordinance.397 23 LC 47 2144ER
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SECTION 2.16.
398
General power and authority of the city council.399
Except as otherwise provided by law or this charter, the city council shall be vested with all400
the powers of government of this city.401
SECTION 2.17.402
Organizational meetings.403
Unless otherwise provided by ordinance, the city council shall hold an organizational404
meeting on the first Tuesday in January of each even-numbered year.  The meeting shall be405
called to order by the city clerk and the oath of office shall be administered to the newly406
elected members as follows:407
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor)408
(councilmember) of this city and that I will support and defend the charter thereof as well409
as the Constitution and laws of the State of Georgia and the United States of America."410
SECTION 2.18.411
Meetings.412
(a)  The city council shall hold regular meetings at such times and places as shall be413
prescribed by ordinance.414
(b)  Special meetings of the city council may be held on call of the mayor or three members415
of the city council.  Notice of such special meeting shall be served on all other members416
personally, or by telephone personally, at least 48 hours in advance of the meeting.  Such417
notice to councilmembers shall not be required if the mayor and all councilmembers are418
present when the special meeting is called.  Such notice of any special meeting may be419 23 LC 47 2144ER
S. B. 114
- 18 -
waived by a councilmember in writing before or after such a meeting and attendance at the
420
meeting shall also constitute a waiver of notice on any business transacted in such421
councilmember's presence.  Only the business stated in the call may be transacted at the422
special meeting.423
(c)  All meetings of the city council shall be public to the extent required by law, and notice424
to the public of special meetings shall be made as fully as is reasonably possible as425
provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or426
may hereafter be enacted.427
SECTION 2.19.428
Rules of procedure.429
(a)  The city council shall adopt its rules of procedure and order of business consistent with430
the provisions of this charter and shall provide for keeping of a journal of its proceedings,431
which shall be a public record.432
(b)  All committees and committee chairpersons and officers of the city council shall be433
appointed by the mayor and shall serve at the pleasure of the mayor.  The mayor shall have434
the power to appoint new members to any committee at any time.435
SECTION 2.20.436
Quorum; voting.437
The mayor and three councilmembers, or four councilmembers without the mayor, shall438
constitute a quorum and shall be authorized to transact business of the city council.  Voting439
on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the440
journal, but any councilmember shall have the right to request a roll-call vote and such vote441
shall be recorded in the journal.  Except as otherwise provided in this charter, the affirmative442 23 LC 47 2144ER
S. B. 114
- 19 -
vote of four councilmembers shall be required for the adoption of any ordinance, resolution,
443
or motion.  An abstention shall be counted as an affirmative vote.444
SECTION 2.21.445
Ordinance form; procedures.446
(a)  Every proposed ordinance should be introduced in writing and in the form required for447
final adoption.  No ordinance shall contain a subject which is not expressed in its title.  The448
enacting clause shall be "It is hereby ordained by the governing authority of the City of449
Buckhead City..." and every ordinance shall so begin.450
(b)  An ordinance may be introduced by any councilmember and be read at a regular or451
special meeting of the city council.  Ordinances shall be considered and adopted or rejected452
by the city council in accordance with the rules which it shall establish; provided, however,453
that an ordinance shall not be adopted the same day it is introduced, except for emergency454
ordinances provided for in Section 2.23 of this charter.  Upon introduction of any455
ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each456
councilmember and shall file a reasonable number of copies in the office of the clerk and457
at such other public places as the city council may designate.458
SECTION 2.22.459
Action requiring an ordinance.460
Acts of the city council which have the force and effect of law shall be enacted by ordinance.461 23 LC 47 2144ER
S. B. 114
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SECTION 2.23.
462
Emergencies.463
(a)  To meet a public emergency affecting life, health, property, or public peace, the city464
council may convene on call of the mayor or three councilmembers and may promptly465
adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or466
extend a franchise; regulate the rate charged by any public utility for its services; or467
authorize the borrowing of money except for loans to be repaid within 30 days.  An468
emergency ordinance shall be introduced in the form prescribed for ordinances generally,469
except that it shall be plainly designated as an emergency ordinance and shall contain, after470
the enacting clause, a declaration stating that an emergency exists and describing the471
emergency in clear and specific terms.  An emergency ordinance may be adopted, with or472
without amendment, or rejected at the meeting at which it is introduced, but the affirmative473
vote of at least four councilmembers shall be required for adoption.  It shall become474
effective upon adoption or at such later time as it may specify.  Every emergency ordinance475
shall automatically stand repealed 30 days following the date upon which it was adopted,476
but this shall not prevent reenactment of the ordinance in the manner specified in this477
section if the emergency still exists.  An emergency ordinance may also be repealed by478
adoption of a repealing ordinance in the same manner specified in this section for adoption479
of emergency ordinances.480
(b)  Such meetings shall be open to the public to the extent required by law and notice to481
the public of emergency meetings shall be made as fully as is reasonably possible in482
accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as483
are or may hereafter be enacted.484 23 LC 47 2144ER
S. B. 114
- 21 -
SECTION 2.24.
485
Codes of technical regulations.486
(a)  The city council may adopt any standard code of technical regulations by reference487
thereto in an adopting ordinance.  The procedure and requirements governing such488
adopting ordinance shall be as prescribed for ordinances generally except that: (1) the489
requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of490
copies of the ordinance shall be construed to include copies of any code of technical491
regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of492
technical regulations, as well as the adopting ordinance, shall be authenticated and recorded493
by the clerk pursuant to Section 2.25 of this charter.494
(b)  Copies of any adopted code of technical regulations shall be made available by the495
clerk for inspection by the public.496
SECTION 2.25.497
Signing; authenticating;498
recording; codification; printing.499
(a)  The clerk shall authenticate by the clerk's signature and record in full in a properly500
indexed book kept for that purpose all ordinances adopted by the city council.501
(b)  The city council shall provide for the preparation of a general codification of all the502
ordinances of the city having the force and effect of law.  The general codification shall be503
adopted by the city council by ordinance and shall be published promptly, together with504
all amendments thereto and such codes of technical regulations and other rules and505
regulations as the city council may specify.  This compilation shall be known and cited506
officially as "The Code of the City of Buckhead City, Georgia."  Copies of the code shall507 23 LC 47 2144ER
S. B. 114
- 22 -
be furnished to all officers, departments, and agencies of the city and made available for
508
purchase by the public at a reasonable price as fixed by the city council.509
(c)  The city council shall cause each ordinance and each amendment to this charter to be510
printed promptly following its adoption, and the printed ordinances and charter511
amendments shall be made available for purchase by the public at reasonable prices to be512
fixed by the city council.  Following publication of the first code under this charter and at513
all times thereafter, the ordinances and charter amendments shall be printed in substantially514
the same style as the code currently in effect and shall be suitable in form for incorporation515
therein.  The city council shall make such further arrangements as deemed desirable with516
reproduction and distribution of any current changes in or additions to codes of technical517
regulations and other rules and regulations included in the code.518
SECTION 2.26.519
City manager; appointment; qualifications; compensation.520
The mayor shall appoint a city manager, also known as "the manager," for an indefinite term.521
The city council shall fix the manager's compensation.  The city manager shall be appointed522
solely on the basis of that person's executive and administrative qualifications, and shall523
report to and be supervised by the mayor.524
SECTION 2.27.525
Removal of city manager.526
(a)  The city council may remove the manager from office in accordance with the following527
procedures:528
(1)  The city council shall adopt by affirmative vote of a majority of all its members a529
preliminary resolution which must state the reasons for removal and may suspend the530 23 LC 47 2144ER
S. B. 114
- 23 -
manager from duty for a period not to exceed 45 days.  A copy of the resolution shall be
531
delivered promptly to the manager;532
(2)  Within five days after a copy of the resolution is delivered to the manager, the533
manager may file with the city council a written request for a public hearing.  This534
hearing shall be held within 30 days after the request is filed.  The manager may file with535
the council a written reply not later than five days before the hearing; and536
(3)  If the manager has not requested a public hearing within the time specified in537
paragraph (2) of this subsection, the city council may adopt a final resolution for removal,538
which may be made effective immediately, by an affirmative vote of a majority of all its539
members.  If the manager has requested a public hearing, the city council may adopt a540
final resolution for removal, which may be made effective immediately, by an affirmative541
vote of a majority of all its members at any time after the public hearing.542
(b)  The manager may continue to receive a salary until the effective date of a final543
resolution of removal.544
SECTION 2.28.545
Acting city manager.546
By letter filed with the city clerk, the city manager shall designate, subject to approval of the547
city council, a qualified city administrative officer to exercise the powers and perform the548
duties of city manager during the city manager's temporary absence or physical or mental549
disability.  During such absence or disability, the city council may revoke such designation550
at any time and appoint another officer of the city to serve until the city manager shall return551
or the city manager's disability shall cease.552 23 LC 47 2144ER
S. B. 114
- 24 -
SECTION 2.29.
553
Powers and duties of the city manager.554
The city manager shall be the chief administrative officer of the city.  The city manager shall555
be responsible to the city council for the administration of all city affairs placed in the city556
manager's charge by or under this charter.  As the chief administrative officer, the city557
manager shall:558
(1)  Appoint and, when the city manager deems it necessary for the good of the city,559
suspend or remove all city employees and administrative officers the city manager560
appoints, except as otherwise provided by law or personnel ordinances adopted pursuant561
to this charter.  The city manager may authorize any department director or administrative562
officer who is subject to the city manager's direction and supervision to exercise these563
powers with respect to subordinates in that officer's department, office, or agency;564
(2)  Direct and supervise the administration of all departments, offices, and agencies of565
the city, except as otherwise provided by this charter or by law;566
(3)  Attend all city council meetings except for closed meetings held for the purposes of567
deliberating on the appointment, discipline, or removal of the city manager and have the568
right to take part in discussion but the city manager may not vote;569
(4)  See that all laws, provisions of this charter, and acts of the city council, subject to570
enforcement by the city manager or by officers subject to the city manager's direction and571
supervision, are faithfully executed;572
(5)  At the direction of the mayor, prepare and submit the annual operating budget and573
capital budget to the city council;574
(6)  Submit to the city council and make available to the public a complete report on the575
finances and administrative activities of the city as of the end of each fiscal year;576 23 LC 47 2144ER
S. B. 114
- 25 -
(7)  Make such other reports as the city council may require concerning the operations
577
of city departments, offices, and agencies subject to the city manager's direction and578
supervision;579
(8)  Keep the city council fully advised as to the financial condition and future needs of580
the city, and make such recommendations to the city council concerning the affairs of the581
city as the city manager deems desirable; and582
(9)  Perform other such duties as are specified in this charter or as may be required by the583
mayor.584
SECTION 2.30.585
Council interference with administration.586
Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the587
city council or its members shall deal with city officers and employees who are subject to the588
direction and supervision of the city manager solely through the city manager, and neither589
the city council nor its members shall give orders to any such officer or employee, either590
publicly or privately.  The city council shall act in all matters as a body and no member shall591
seek individually to influence the official acts of the city manager or any other officer or592
employee of the city, or direct or request the appointment of any person to, or his or her593
removal from, any office or position of employment, or to interfere in any way with the594
performance of the duties by the city manager or other officers or employees.595 23 LC 47 2144ER
S. B. 114
- 26 -
SECTION 2.31.
596
Election of mayor; forfeiture.597
The mayor shall be elected at large by the voters of the city and serve for a term of four years598
and until a successor is elected and qualified.  The mayor shall be a qualified elector of this599
city and shall have been a resident of the city for 12 months prior to the date of election.  The600
mayor shall continue to reside in this city during the period of service.  The mayor shall601
forfeit the office on the same grounds and under the same procedure as for councilmembers.602
SECTION 2.32.603
Mayor pro tem.604
The city council at the first regular meeting after the newly elected councilmembers have605
taken office following each election shall elect a councilmember to serve as mayor pro tem.606
The mayor pro tem shall be elected by a majority vote of the city council.  The mayor pro607
tem shall serve for a term of two years.  The mayor pro tem shall assume the duties and608
powers of the mayor during the mayor's physical or mental disability, suspension from office,609
or absence.  Any such disability of the mayor shall be declared by a majority vote of the city610
council.  The mayor pro tem shall sign all contracts and ordinances in which the mayor has611
a disqualifying financial interest as provided in Section 2.14 of this charter.  When acting as612
mayor, the mayor pro tem shall be entitled to vote as a member of the council.613
SECTION 2.33.614
Powers and duties of mayor.615
The mayor shall:616
(1)  Devote a full-time work schedule to the office elected hereto;617 23 LC 47 2144ER
S. B. 114
- 27 -
(2)  Direct and supervise the city manager; 
618
(3)  Preside at all meetings of the city council;619
(4)  Be the head of the city for the purpose of service of process and for ceremonial620
purposes, and be the official spokesperson for the city and the chief advocate of policy;621
(5)  Have the power to administer oaths and to take affidavits;622
(6)  Sign as a matter of course on behalf of the city all written and approved contracts,623
ordinances, resolutions, and other instruments executed by the city which by law are624
required to be in writing; and625
(7)  Perform such other duties as may be required by law, this charter, or by ordinance.626
ARTICLE III.627
ADMINISTRATIVE AFFAIRS628
SECTION 3.10.629
Administrative and service departments.630
(a)  Except as otherwise provided in this charter, the city council by ordinance shall631
prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant632
all nonelective offices, positions of employment, departments, and agencies of the city as633
necessary for the proper administration of the affairs and government of this city.634
(b)  Except as otherwise provided by this charter or by law, the directors of departments635
and other appointed officers of the city shall be appointed solely on the basis of their636
respective administrative and professional qualifications.637
(c)  All appointed officers and directors of departments shall receive such compensation638
as prescribed by ordinance.639
(d)  There shall be a director of each department or agency who shall be its principal640
officer.  Each director shall, subject to the direction and supervision of the city manager,641 23 LC 47 2144ER
S. B. 114
- 28 -
be responsible for the administration and direction of the affairs and operations of that
642
director's department or agency.643
(e)  All appointed officers and directors under the supervision of the city manager shall be644
nominated by the city manager with confirmation of appointment by the city council.  All645
appointed officers and directors shall be employees at will and subject to removal or646
suspension at any time by the city manager unless otherwise provided by law or ordinance.647
SECTION 3.11.648
Boards, commissions, and authorities.649
(a)  The city council shall create by ordinance such boards, commissions, and authorities650
to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council651
deems necessary and shall by ordinance establish the composition, period of existence,652
duties, and powers thereof.653
(b)  All members of boards, commissions, and authorities of the city shall be appointed by654
the mayor and council for such terms of office and in such manner as shall be provided by655
ordinance, except where other appointing authority, terms of office, or manner of656
appointment is prescribed by this charter or by law.657
(c)  The city council by ordinance may provide for the compensation and reimbursement658
for actual and necessary expenses of the members of any board, commission, or authority.659
(d)  Except as otherwise provided by charter or by law, no member of any board,660
commission, or authority shall hold any elective office in the city.661
(e)  Any vacancy on a board, commission, or authority of the city shall be filled for the662
unexpired term in the manner prescribed in this charter for original appointment, except as663
otherwise provided by this charter or by law.664
(f)  No member of a board, commission, or authority shall assume office until that person665
has executed and filed with the clerk of the city an oath obligating that person to perform666 23 LC 47 2144ER
S. B. 114
- 29 -
faithfully and impartially the duties of that person's office; such oath shall be prescribed
667
by ordinance and administered by the mayor.668
(g)  All members of boards, commissions, or authorities of the city serve at will and may669
be removed at any time by the mayor and council unless otherwise provided by law.670
(h)  Except as otherwise provided by this charter or by law, each board, commission, or671
authority of the city shall elect one of its members as chairperson and one member as vice672
chairperson and may elect as its secretary one of its own members or may appoint as673
secretary an employee of the city.  Each board, commission, or authority of the city674
government may establish such bylaws, rules, and regulations, not inconsistent with this675
charter, ordinances of the city, or law, as it deems appropriate and necessary for the676
fulfillment of its duties or the conduct of its affairs.  Copies of such bylaws, rules, and677
regulations shall be filed with the clerk of the city.678
SECTION 3.12.679
City attorney.680
The mayor and council shall appoint a city attorney, together with such assistant city681
attorneys as may be authorized, and shall provide for the payment of such attorney or682
attorneys for services rendered to the city.  The city attorney shall be responsible for683
providing for the representation and defense of the city in all litigation in which the city is684
a party; may be the prosecuting officer in the municipal court; shall attend the meetings of685
the city council as directed; shall advise the mayor and council and other officers and686
employees of the city concerning legal aspects of the city's affairs; and shall perform such687
other duties as may be required by virtue of such person's position as city attorney.688 23 LC 47 2144ER
S. B. 114
- 30 -
SECTION 3.13.
689
City clerk.690
The mayor and council shall appoint a city clerk who shall not be a councilmember.  The city691
clerk shall be custodian of the official city seal and city records; maintain city council records692
required by this charter; and perform such other duties as may be required by the city693
council.694
SECTION 3.14.695
Position classification and pay plans.696
The city manager shall be responsible for the preparation of a position classification and pay697
plan which shall be submitted to the city council for approval.  Such plan may apply to all698
employees of the city and any of its agencies, departments, boards, commissions, or699
authorities.  When a pay plan has been adopted, the city council shall not increase or decrease700
the salary range applicable to any position except by amendment of such pay plan.  For701
purposes of this section, all elected and appointed city officials are not city employees.702
SECTION 3.15.703
Personnel policies.704
All employees serve at will and may be removed from office at any time unless otherwise705
provided by ordinance.706 23 LC 47 2144ER
S. B. 114
- 31 -
ARTICLE IV.
707
JUDICIAL BRANCH708
SECTION 4.10.709
Creation; name.710
There shall be a court to be known as the Municipal Court of the City of Buckhead City.711
SECTION 4.11.712
Chief judge; associate judge.713
(a)(1)  The municipal court shall be presided over by a chief judge and such part-time,714
full-time, or standby judges as shall be provided by ordinance.715
(2)  The chief judge shall serve full time.716
(3)  The mayor shall appoint all judges.717
(4)  The terms of appointment for judges shall be the minimum terms required by law.718
(b)  No person shall be qualified or eligible to serve as a judge on the municipal court719
unless that person shall have attained the age of 21 years and shall be a member of the State720
Bar of Georgia and shall possess all qualifications required by law.  All judges shall be721
appointed by the city council and shall serve a term as provided by law and until a722
successor is appointed and qualified.723
(c)  Compensation of the judges shall be fixed by ordinance.724
(d)  Judges may be removed from office as provided by law.725
(e)  Before assuming office, each judge shall take an oath, given by the mayor, that such726
judge will honestly and faithfully discharge the duties of the judge's office to the best of727
the judge's ability and without fear, favor, or partiality.  The oath shall be entered upon the728
minutes of the city council journal required in Section 2.19 of this charter.729 23 LC 47 2144ER
S. B. 114
- 32 -
SECTION 4.12.
730
Convening.731
The municipal court shall be convened at regular intervals as provided by ordinance.732
SECTION 4.13.733
Jurisdiction; powers.734
(a)  The municipal court shall try and punish violations of this charter, all city ordinances,735
and such other violations as provided by law.736
(b)  The municipal court shall have authority to punish those in its presence for contempt,737
provided that such punishment shall not exceed $200.00 or ten days in jail.738
(c)  The municipal court may fix punishment for offenses within its jurisdiction not739
exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and740
imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as741
now or hereafter provided by law.742
(d)  The municipal court shall have authority to establish a schedule of fees to defray the743
cost of operation and shall be entitled to reimbursement of the cost of meals, transportation,744
and caretaking of prisoners bound over to superior courts for violations of state law.745
(e)  The municipal court shall have authority to establish bail and recognizances to ensure746
the presence of those charged with violations before such court and shall have discretionary747
authority to accept cash or personal or real property as surety for the appearance of persons748
charged with violations.  Whenever any person shall give bail for that person's appearance749
and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by750
the judge presiding at such time and an execution issued thereon by serving the defendant751
and the defendant's sureties with a rule nisi at least two days before a hearing on the rule752
nisi.  In the event that cash or property is accepted in lieu of bond for security for the753 23 LC 47 2144ER
S. B. 114
- 33 -
appearance of a defendant at trial, and if such defendant fails to appear at the time and
754
place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited755
to the city, or the property so deposited shall have a lien against it for the value forfeited756
which lien shall be enforceable in the same manner and to the same extent as a lien for city757
property taxes.758
(f)  The municipal court shall have the same authority as superior courts to compel the759
production of evidence in the possession of any party; to enforce obedience to its orders,760
judgments, and sentences; and to administer such oaths as are necessary.761
(g)  The municipal court may compel the presence of all parties necessary to a proper762
disposal of each case by the issuance of summonses, subpoenas, and warrants which may763
be served as executed by any officer as authorized by this charter or by law.764
(h)  Each judge of the municipal court shall be authorized to issue warrants for the arrest765
of persons charged with offenses against any ordinance of the city, and each judge of the766
municipal court shall have the same authority as a magistrate of the state to issue warrants767
for offenses against state laws committed within the city.768
SECTION 4.14.769
Certiorari.770
The right of certiorari from the decision and judgment of the municipal court shall exist in771
all criminal cases and ordinance violation cases, and such certiorari shall be obtained under772
the sanction of a judge of the Superior Court of Fulton County under the laws of the State of773
Georgia regulating the granting and issuance of writs of certiorari.774 23 LC 47 2144ER
S. B. 114
- 34 -
SECTION 4.15.
775
Rules for court.776
With the approval of the city council, the judge shall have full power and authority to make777
reasonable rules and regulations necessary and proper to secure the efficient and successful778
administration of the municipal court; provided, however, that the city council may adopt in779
part or in toto the rules and regulations applicable to municipal courts.  The rules and780
regulations made or adopted shall be filed with the city clerk, shall be available for public781
inspection, and, upon request, a copy shall be furnished to all defendants in municipal court782
proceedings at least 48 hours prior to such proceedings.783
ARTICLE V.784
ELECTIONS AND REMOVAL785
SECTION 5.10.786
Applicability of general law.787
All primaries and elections shall be held and conducted in accordance with Chapter 2 of788
Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.789
SECTION 5.11.790
Regular elections; time for holding.791
Except as otherwise provided in Article VIII of this charter for the initial elections, there792
shall be a municipal general election biennially in odd-numbered years on the Tuesday next793
following the first Monday in November.  There shall be elected the mayor and three794
councilmembers at one election and at every other election thereafter.  The remaining three795 23 LC 47 2144ER
S. B. 114
- 35 -
councilmember seats shall be filled at the election alternating with the first election so that
796
a continuing body is created.797
SECTION 5.12.798
Nonpartisan elections.799
Political parties shall not conduct primaries for city offices and all names of candidates for800
city offices shall be listed without party labels.801
SECTION 5.13.802
Election by majority.803
The candidate receiving a majority of the votes cast for any city office shall be elected.804
SECTION 5.14.805
Special elections; vacancies.806
In the event that the office of mayor or councilmember shall become vacant as provided in807
Section 2.12 of this charter, the city council or those remaining shall order a special election808
to fill the balance of the unexpired term of such official; provided, however, that, if such809
vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall810
appoint a successor for the remainder of the term.  In all other respects, the special election811
shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the812
"Georgia Election Code," as now or hereafter amended.813 23 LC 47 2144ER
S. B. 114
- 36 -
SECTION 5.15.
814
Other provisions.815
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe816
such rules and regulations as it deems appropriate to fulfill any options and duties under817
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."818
SECTION 5.16.819
Removal of officers.820
(a)  A councilmember, the mayor, or other appointed officers provided for in this charter821
shall be removed from office for any one or more of the causes provided in Title 45 of the822
O.C.G.A. or such other applicable laws as are or may hereafter be enacted.823
(b)  Removal of an officer pursuant to subsection (a) of this section shall be accomplished824
by one of the following methods:825
(1)  Following a hearing at which an impartial panel shall render a decision.  In the event826
an elected officer is sought to be removed by the action of the city council, such officer827
shall be entitled to a written notice specifying the ground or grounds for removal and to828
a public hearing which shall be held not less than ten days after the service of such829
written notice.  The city council shall provide by ordinance for the manner in which such830
hearings shall be held.  Any elected officer sought to be removed from office as provided831
in this section shall have the right of appeal from the decision of the city council to the832
Superior Court of Fulton County.  Such appeal shall be governed by the same rules as833
govern appeals to the superior court from the probate court; or834
(2)  By an order of the Superior Court of Fulton County following a hearing on a835
complaint seeking such removal brought by any resident of the City of Buckhead City.836 23 LC 47 2144ER
S. B. 114
- 37 -
ARTICLE VI.
837
FINANCE838
SECTION 6.10.839
Property tax.840
(a)  The city council may assess, levy, and collect an ad valorem tax on all real and841
personal property within the corporate limits of the city that is subject to such taxation by842
the state and county.  This tax is for the purpose of raising revenues to defray the costs of843
operating the city government, of providing governmental services, for the repayment of844
principal and interest on general obligations, and for any other public purpose as845
determined by the city council in its discretion.846
(b)  There shall be assessed, levied, and collected an annual ad valorem tax for the support847
of public schools and for educational purposes, at the millage rate determined by the board848
of education of the Atlanta Independent School System, to be billed and collected as other849
ad valorem taxes are billed and collected in accordance with this charter, the basis for the850
billing and collection of such tax to be the millage as set forth in an annual written request851
signed by the president of said board of education together with a certified copy of said852
board's budget and filed with the governing authority, the format and time of annual filing853
of such request to be the only action by the governing authority of the city necessary to854
levy such tax annually.  All revenue derived from such school and educational ad valorem855
tax shall be paid into the treasury of the city and shall be remitted monthly to said board856
of education free from any charge except the direct cost of collecting such tax.857 23 LC 47 2144ER
S. B. 114
- 38 -
SECTION 6.11.
858
Millage rate; due dates; payment methods.859
The city council by ordinance shall establish a millage rate for the city property tax for860
municipal purposes, a due date, and the time period within which these taxes must be paid,861
provided that such millage rate shall not exceed 7.85 mills.  The city council by ordinance862
may provide for the payment of these taxes by installments or in one lump sum, as well as863
authorize the voluntary payment of taxes prior to the time when due.  The millage rate cap864
provided by this section shall not apply to:865
(1)  Any ad valorem taxes levied by the city to repay any bonds issued pursuant to this866
charter or state law;867
(2)  Any ad valorem taxes levied by the city to repay any obligations of the city of Atlanta868
that the city assumes pursuant to this charter or by operation of state law; or869
(3)  Any ad valorem taxes for educational purposes levied by the city on behalf the870
Atlanta Independent School System.871
SECTION 6.12.872
Occupation and business taxes.873
The city council by ordinance shall have the power to levy such occupation or business taxes874
as are not denied by law.  The city council may classify businesses, occupations, or875
professions for the purpose of such taxation in any way which may be lawful and may876
compel the payment of such taxes as provided in Section 6.18 of this charter.877 23 LC 47 2144ER
S. B. 114
- 39 -
SECTION 6.13.
878
Licenses; permits; fees.879
The city council by ordinance shall have the power to require businesses or practitioners880
doing business in this city to obtain a permit for such activity from the city and pay a881
regulatory fee for such permit as provided by general law.  Such fees shall reflect the total882
cost to the city of regulating the activity and, if unpaid, shall be collected as provided in883
Section 6.18 of this charter.884
SECTION 6.14.885
Franchises.886
(a)  The city council shall have the power to grant franchises for the use of this city's streets887
and alleys for the purposes of railroads, street railways, telephone companies, electric888
companies, electric membership corporations, cable television and other889
telecommunications companies, gas companies, transportation companies, and other890
similar organizations.  The city council shall determine the duration, terms, whether the891
same shall be exclusive or nonexclusive, and the consideration for such franchises;892
provided, however, that no franchise shall be granted for a period in excess of 35 years and893
no franchise shall be granted unless the city receives just and adequate compensation894
therefor.  The city council shall provide for the registration of all franchises with the city895
clerk in a registration book kept by the city clerk.  The city council may provide by896
ordinance for the registration within a reasonable time of all franchises previously granted.897
(b)  If no franchise agreement is in effect, the city council has the authority to impose a tax898
on gross receipts for the use of this city's streets and alleys for the purposes of railroads,899
street railways, telephone companies, electric companies, electric membership900 23 LC 47 2144ER
S. B. 114
- 40 -
corporations, cable television and other telecommunications companies, gas companies,
901
transportation companies, and other similar organizations.902
SECTION 6.15.903
Service charges.904
The city council by ordinance shall have the power to assess and collect fees, charges, and905
tolls for services provided or made available within and outside the corporate limits of the906
city for the total cost to the city of providing or making available such services.  If unpaid,907
such charges shall be collected as provided in Section 6.18 of this charter.908
SECTION 6.16.909
Special assessments.910
The city council by ordinance shall have the power to assess and collect the cost of911
constructing, reconstructing, widening, or improving any public way, street, sidewalk,912
curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property913
owners.  If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.914
SECTION 6.17.915
Construction; other taxes.916
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,917
and the specific mention of any right, power, or authority in this article shall not be construed918
as limiting in any way the general powers of this city to govern its local affairs.919 23 LC 47 2144ER
S. B. 114
- 41 -
SECTION 6.18.
920
Collection of delinquent taxes and fees.921
The city council by ordinance may provide generally for the collection of delinquent taxes,922
fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by923
whatever reasonable means as are not precluded by law.  This shall include providing for the924
dates when the taxes or fees are due; late penalties or interest; issuance and execution of925
fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the926
persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any927
city taxes or fees; and providing for the assignment or transfer of tax executions.928
SECTION 6.19.929
General obligation bonds.930
The city council shall have the power to issue bonds for the purpose of raising revenue to931
carry out any project, program, or venture authorized under this charter or the laws of the932
state.  Such bonding authority shall be exercised in accordance with the laws governing bond933
issuance by municipalities in effect at the time said issue is undertaken.934
SECTION 6.20.935
Revenue bonds.936
Revenue bonds may be issued by the city council as state law now or hereafter provides.937
Such bonds are to be paid out of any revenue produced by the project, program, or venture938
for which they were issued.939 23 LC 47 2144ER
S. B. 114
- 42 -
SECTION 6.21.
940
Short-term loans.941
The city may obtain short-term loans and must repay such loans not later than December 31942
of each year, unless otherwise provided by law.943
SECTION 6.22.944
Lease-purchase contracts.945
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the946
acquisition of goods, materials, real and personal property, services, and supplies, provided947
the contract terminates without further obligation on the part of the municipality at the close948
of the calendar year in which it was executed and at the close of each succeeding calendar949
year for which it may be renewed.  Contracts must be executed in accordance with the950
requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are951
or may hereafter be enacted.952
SECTION 6.23.953
Fiscal year.954
The city council shall set the fiscal year by ordinance.  This fiscal year shall constitute the955
budget year and the year for financial accounting and reporting of each and every office,956
department, agency, and activity of the city government.957 23 LC 47 2144ER
S. B. 114
- 43 -
SECTION 6.24.
958
Budget ordinance.959
The city council shall provide an ordinance on the procedures and requirements for the960
preparation and execution of an annual operating budget, a capital improvement plan, and961
a capital budget, including requirements as to the scope, content, and form of such budgets962
and plans.  The city council shall also comply with the budgeting and auditing provisions of963
Chapter 81 of Title 36 of the O.C.G.A.964
SECTION 6.25.965
Operating budget.966
On or before a date fixed by the city council but not later than 60 days prior to the beginning967
of each fiscal year, the city manager shall submit to the city council a proposed operating968
budget for the ensuing fiscal year.  The budget shall be accompanied by a message from the969
city manager containing a statement of the general fiscal policies of the city, the important970
features of the budget, explanations of major changes recommended for the next fiscal year,971
a general summary of the budget, and other pertinent comments and information.  The972
operating budget and the capital budget provided for in Section 6.29 of this charter, the973
budget message, and all supporting documents shall be filed in the office of the city clerk and974
shall be open to public inspection.975
SECTION 6.26.976
Action by city council on budget.977
(a)  The councilmembers may amend the operating budget proposed by the mayor, except978
that the budget as finally amended and adopted must provide for all expenditures required979 23 LC 47 2144ER
S. B. 114
- 44 -
by state law or by other provisions of this charter and for all debt service requirements for
980
the ensuing fiscal year.  The total appropriations from any fund shall not exceed the981
estimated fund balance, reserves, and revenues.982
(b)  The city council by ordinance shall adopt the final operating budget for the ensuing983
fiscal year not later than December 15 of each year.  If the city council fails to adopt the984
budget by said date, the amounts appropriated for operation for the then current fiscal year985
shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all986
items prorated accordingly, until such time as the city council adopts a budget for the987
ensuing fiscal year.  Adoption of the budget shall take the form of an appropriations988
ordinance setting out the estimated revenues in detail by sources and making appropriations989
according to fund and by organizational unit, purpose, or activity as set out in the budget990
preparation ordinance adopted pursuant to Section 6.24 of this charter.991
(c)  The amount set out in the adopted operating budget for each organizational unit shall992
constitute the annual appropriation for such, and no expenditure shall be made or993
encumbrance created in excess of the otherwise unencumbered balance of the994
appropriations or allotment thereof to which it is chargeable.995
SECTION 6.27.996
Levy of taxes.997
The city council shall levy by ordinance such taxes as are necessary.  The taxes and tax rates998
set by such ordinance shall be such that reasonable estimates of revenues from such levy999
shall at least be sufficient, together with other anticipated revenues, fund balances, and1000
applicable reserves, to equal the total amount appropriated for each of the several funds set1001
forth in the annual operating budget for defraying the expenses of the general government1002
of this city.1003 23 LC 47 2144ER
S. B. 114
- 45 -
SECTION 6.28.
1004
Changes in appropriations.1005
The city council by ordinance may make changes in the appropriations contained in the1006
current operating budget at any regular meeting or special or emergency meeting called for1007
such purpose, but any additional appropriations may be made only from an existing1008
unexpended surplus.1009
SECTION 6.29.1010
Capital improvements.1011
(a)  On or before the date fixed by the city council, but not later than 60 days prior to the1012
beginning of each fiscal year, the mayor shall submit to the city council a proposed capital1013
improvements plan with a recommended capital budget containing the means of financing1014
the improvements proposed for the ensuing fiscal year.  The city council shall have power1015
to accept, with or without amendments, or reject the proposed plan and budget. The city1016
council shall not authorize an expenditure for the construction of any building, structure,1017
work, or improvement unless the appropriations for such project are included in the capital1018
budget, except to meet a public emergency as provided in Section 2.23 of this charter.1019
(b)  The city council shall adopt by ordinance the final capital budget for the ensuing fiscal1020
year not later than December 15 of each year.  No appropriation provided for in a prior1021
capital budget shall lapse until the purpose for which the appropriation was made shall1022
have been accomplished or abandoned; provided, however, that the mayor may submit1023
amendments to the capital budget at any time during the fiscal year, accompanied by1024
recommendations.  Any such amendments to the capital budget shall become effective only1025
upon adoption by ordinance.1026 23 LC 47 2144ER
S. B. 114
- 46 -
SECTION 6.30.
1027
Audits.1028
There shall be an annual independent audit of all city accounts, funds, and financial1029
transactions by a certified public accountant selected by the city council.  The audit shall be1030
conducted according to generally accepted auditing principles.  Any audit of any funds by1031
the state or federal governments may be accepted as satisfying the requirements of this1032
charter.  Copies of annual audit reports shall be available at printing costs to the public.1033
SECTION 6.31.1034
Procurement and property management.1035
No contract with the city shall be binding on the city unless:1036
(1)  It is in writing;1037
(2)  It is drawn by or submitted and reviewed by the city attorney and, as a matter of1038
course, is signed by the city attorney to indicate such drafting or review; and1039
(3)  It is made or authorized by the city council and such approval is entered in the city1040
council journal of proceedings pursuant to Section 2.19 of this charter.1041
SECTION 6.32.1042
Purchasing.1043
The city council shall by ordinance prescribe procedures for a system of centralized1044
purchasing for the city.1045 23 LC 47 2144ER
S. B. 114
- 47 -
SECTION 6.33.
1046
Sale and lease of property.1047
(a)  The city council may sell and convey or lease any real or personal property owned or1048
held by the city for governmental or other purposes as now or hereafter provided by law.1049
(b)  The city council may quitclaim any rights it may have in property not needed for public1050
purposes upon report by the mayor and adoption of a resolution, both finding that the1051
property is not needed for public or other purposes and that the interest of the city has no1052
readily ascertainable monetary value.1053
(c)  Whenever in opening, extending, or widening any street, avenue, alley, or public place1054
of the city a small parcel or tract of land is cut off or separated by such work from a larger1055
tract or boundary of land owned by the city, the city council may authorize the mayor to1056
sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining1057
property owner or owners where such sale and conveyance facilitates the highest and best1058
use of the abutting owner's property.  Included in the sales contract shall be a provision for1059
the rights of way of said street, avenue, alley, or public place.  Each abutting property1060
owner shall be notified of the availability of the property and given the opportunity to1061
purchase said property under such terms and conditions as set out by ordinance.  All deeds1062
and conveyances heretofore and hereafter so executed and delivered shall convey all title1063
and interest the city has in such property, notwithstanding the fact that no public sale after1064
advertisement was or is hereafter made.1065
SECTION 6.34.1066
Apportionment of revenue.1067
Except as otherwise agreed pursuant to Chapter 70 of Title 36 of the O.C.G.A.:1068 23 LC 47 2144ER
S. B. 114
- 48 -
(a)  For the year 2025, the City of Atlanta's collection of ad valorem taxes shall constitute
1069
payment in full for services other than water and sewer services delivered to customers1070
sited within the City of Buckhead City; and1071
(b)  The City of Atlanta may retain those fees, assessments, fines, and forfeitures associated1072
with those actual services it provided during the transition period and prior to the takeover1073
of services by the City of Buckhead City; and 1074
(c)  Through the end of the transition period and thereafter, the City of Buckhead City shall1075
pay only for the actual cost of services provided by the City of Atlanta. Such services1076
provided after December 30, 2024, shall be subject to an independent audit before1077
payment.1078
ARTICLE VII.1079
GENERAL PROVISIONS1080
SECTION 7.10.1081
Bonds for officials.1082
The officers and employees of this city, both elected and appointed, shall execute such surety1083
or fidelity bonds in such amounts and upon such terms and conditions as the city council1084
shall from time to time require by ordinance or as may be provided by law.1085
SECTION 7.11.1086
Construction and definitions.1087
(a)  Section captions in this charter are informative only and are not to be considered as a1088
part thereof.1089
(b)  The word "shall" is mandatory and the word "may" is permissive.1090 23 LC 47 2144ER
S. B. 114
- 49 -
(c)  The singular shall include the plural, the masculine shall include the feminine, and vice
1091
versa.1092
ARTICLE VIII.1093
REFERENDUM AND INITIAL ELECTIONS1094
SECTION 8.10.1095
Referendum and initial election.1096
(a)  The election superintendent of Fulton County shall call a special election for the1097
purpose of submitting this Act to the qualified voters of the proposed City of Buckhead1098
City for approval or rejection.  The superintendent shall set the date of such election for the1099
Tuesday after the first Monday in November, 2024.  The superintendent shall issue the call1100
for such election at least 30 days prior to the date thereof.  The superintendent shall cause1101
the date and purpose of the election to be published once a week for two weeks1102
immediately preceding the date thereof in the official organ of Fulton County.  The ballot1103
shall have written or printed thereon the words:1104
"(  )  YES1105
     (  )  NO1106
Shall the Act incorporating the City of Buckhead City in Fulton County
according to the charter contained in the Act be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons
1107
desiring to vote for rejection of the Act shall vote "No."  If more than one-half of the votes1108
cast on such question are for approval of the Act, it shall become of full force and effect1109
as provided in Section 8.11 of this charter, otherwise it shall be void and of no force and1110
effect.  The initial expense of such election shall be borne by Fulton County.  Within two1111
years after the elections if the incorporation is approved, the City of Buckhead City shall1112
reimburse Fulton County for the actual cost of printing and personnel services for such1113
election and for the initial election of the mayor and councilmembers pursuant to this1114 23 LC 47 2144ER
S. B. 114
- 50 -
charter.  It shall be the duty of the superintendent to hold and conduct such election.  It
1115
shall be his or her further duty to certify the result thereof to the Secretary of State.1116
(b)  For the purposes of the referendum election provided for in subsection (a) of this1117
section and for the purposes of the special election of the City of Buckhead City to be held1118
on the third Tuesday of March, 2025, the qualified electors of the City of Buckhead City1119
shall be those qualified electors of Fulton County residing within the corporate limits of the1120
City of Buckhead City as described by Appendix A of this charter.  At subsequent1121
municipal elections, the qualified electors of the City of Buckhead City shall be determined1122
pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A. known as the "Georgia1123
Election Code."1124
(c)  Only for the purposes of holding and conducting the referendum election provided for1125
in subsection (a) of this section and holding the special election of the City of Buckhead1126
City to be held on the third Tuesday of March, 2025, the election superintendent of Fulton1127
County is vested with the powers and duties of the election superintendent of the City of1128
Buckhead City and the powers and duties of the governing authority of the City of1129
Buckhead City.1130
SECTION 8.11.1131
Effective dates and transition.1132
(a)  The provisions of this Act necessary for the referendum election provided for in1133
Section 8.10 of this charter shall become effective immediately upon this Act's approval1134
by the Governor or upon its becoming law without such approval, provided that an Act1135
amending an Act to provide a new charter for the City of Atlanta, approved April 15, 19961136
(Ga. L. 1996, p. 4469), as amended, is enacted in the 2024 regular session of the General1137
Assembly providing for the deannexation of the territory provided for in Appendix A of1138 23 LC 47 2144ER
S. B. 114
- 51 -
this Act from the City of Atlanta; if such deannexation Act is not so approved, this Act
1139
shall not become effective and shall be automatically repealed on January 1, 2025.1140
(b)  Those provisions of this Act necessary for the special primary and special election1141
provided for in Section 8.13 of this charter shall be effective upon the certification of the1142
results of the referendum election provided for by Section 8.10 of this charter if this Act1143
is approved at such referendum election.1144
(c)  Except as provided in Section 8.10 of this charter, the remaining provisions of this Act1145
shall become of full force and effect for all purposes at 12:00 Midnight on June 30, 2025,1146
except that the initial mayor and councilmembers shall take office immediately following1147
their election and by action of a quorum may prior to 12:00 Midnight on June 30, 2025,1148
meet and take actions binding on the city.1149
(d)  A period of time will be needed for an orderly transition of various government1150
functions from the City of Atlanta to the City of Buckhead City.  Accordingly there shall1151
be a transition period beginning on the date the initial mayor and councilmembers take1152
office under this charter, and ending at 12:00 Midnight on December 31, 2025.  During1153
such transition period, all provisions of this charter shall be effective as law, but not all1154
provisions of this charter shall be implemented.1155
(e)  During such transition period, the City of Atlanta shall continue to provide within the1156
territorial limits of the City of Buckhead City all government services and functions which1157
the City of Atlanta provided in that area during the years 2023 and 2024 and at the same1158
actual cost, except to the extent otherwise provided in this section; provided, however, that1159
upon at least 60 days' prior written notice to the City of Atlanta by the City of Buckhead1160
City, responsibility for any such service or function shall be transferred to the City of1161
Buckhead City.  For the year 2025, the City of Atlanta's collection of ad valorem taxes1162
shall constitute payment in full for services other than water and sewer services delivered1163
to customers sited within the City of Buckhead City, and the City of Atlanta may retain1164
those fees, assessments, fines, and forfeitures associated with those actual services it1165 23 LC 47 2144ER
S. B. 114
- 52 -
provided during the transition period and prior to the takeover of services by the City of
1166
Buckhead City.  Through the end of the transition period and thereafter, the City of1167
Buckhead City shall pay only for the actual cost of services provided by the City of1168
Atlanta.  Such services provided after December 30, 2024, shall be subject to an1169
independent audit before payment.  The City of Buckhead City shall collect taxes, fees,1170
assessments, fines and forfeitures, and other moneys within the territorial limits of the city1171
in the same manner as authorized immediately prior to the effective date of this section.1172
(f)  During the transition period, the governing authority of the City of Buckhead City:1173
(1)  Shall hold regular meetings and may hold special meetings as provided in this1174
charter;1175
(2)  May enact ordinances and resolutions as provided in this charter;1176
(3)  May amend this charter by home rule action as provided by general law;1177
(4)  May accept gifts and grants;1178
(5)  May borrow money and incur indebtedness to the extent authorized by this charter1179
and general law;1180
(6)  May levy and collect an ad valorem tax for calendar years 2025 and 2026;1181
(7)  May establish a fiscal year and budget;1182
(8)  May create, alter, or abolish departments, boards, offices, commissions, and agencies1183
of the city; appoint and remove officers and employees; and exercise all necessary or1184
appropriate personnel and management functions; and1185
(9)  May generally exercise any power granted by this charter or general law, except to1186
the extent that a power is specifically and integrally related to the provision of a1187
governmental service, function, or responsibility not yet provided or carried out by the1188
city.1189
(g)  Except as otherwise provided in this section, during the transition period, the1190
Municipal Court of the City of Buckhead City may exercise its jurisdiction.  During the1191
transition period, all ordinances of the City of Atlanta on non-transferred services shall be1192 23 LC 47 2144ER
S. B. 114
- 53 -
applicable within the territorial limits of the City of Buckhead City and the appropriate
1193
court or courts of the City of Atlanta shall retain jurisdiction to enforce such ordinances.1194
However, by mutual agreement and concurrent resolutions and ordinances if needed the1195
City of Atlanta and the City of Buckhead City may during the transition period transfer all1196
or part of such regulatory authority and the appropriate court jurisdiction to the City of1197
Buckhead City.  Any transfer of jurisdiction to the City of Buckhead City during or at the1198
end of the transition period shall not in and of itself abate any judicial proceeding pending1199
in the City of Atlanta or the pending prosecution of any violation of any ordinance of the1200
City of Atlanta.1201
(h)  During the transition period, the governing authority of the City of Buckhead City may1202
at any time, without the necessity of any agreement by the City of Atlanta, commence to1203
exercise its planning and zoning powers; provided, however, that the City of Buckhead1204
City shall give the City of Atlanta notice of the date on which the City of Buckhead City1205
will assume the exercise of such powers.  Upon the governing authority of the City of1206
Buckhead City commencing to exercise its planning and zoning powers, the Municipal1207
Court of the City of Buckhead City shall immediately have jurisdiction to enforce the1208
planning and zoning ordinances of the  City of Buckhead City.  The provisions of this1209
subsection shall control over any conflicting provisions of any other subsection of this1210
section.1211
(i)(1)  To the extent that the City of Atlanta has obligations outstanding under general1212
obligation bonds, lease purchase agreements, and intergovernmental contracts executed1213
in connection with the issuance of revenue bonds on the effective date of this charter, the1214
City of Buckhead City by operation of this charter, to the maximum extent permitted by1215
the Georgia Constitution and general law, shall assume a pro rata share of such1216
outstanding obligations.  1217
(2)  The City of Buckhead City by operation of this charter, to the maximum extent1218
permitted by the Georgia Constitution and general law, shall also assume a pro rata share1219 23 LC 47 2144ER
S. B. 114
- 54 -
of any lease purchase obligations and intergovernmental contract obligations outstanding
1220
on the effective  date of this charter if the creation of the City of Buckhead City causes1221
the City of Atlanta to lose revenues that had historically been used to pay such1222
obligations.  1223
(3)  The City of Buckhead City by operation of this charter, to the maximum extent1224
permitted by the Georgia Constitution and general law, shall also remain contingently1225
obligated on its pro rata share of unassumed lease purchase obligations and1226
intergovernmental contract obligations in the event that the revenues used to pay such1227
obligations are insufficient to pay the same.1228
(4)  For the purpose of calculating the City of Buckhead City's pro rata share of any bond1229
obligations provided for in this subsection, such share shall be equal to the value of the1230
City of Buckhead City's ad valorem property tax digest for tax year 2026 divided by the1231
value of the City of Atlanta's ad valorem property tax digest for tax year 2025.1232
(5)  There is hereby created a special taxing district that shall be coterminous with the city1233
limits of the City of Buckhead City, as provided for in Appendix A of this charter.  Such1234
special district shall be known as the "Buckhead Taxing District."  The City of Buckhead1235
City shall levy and collect a special tax in the Buckhead Taxing District sufficient to pay1236
its share of the obligations provided for in this subsection.1237
(j)  Effective upon the termination of the transition period, subsections (b) through (h) of1238
this section shall cease to apply except for the last sentence of subsection (g) which shall1239
remain effective.  Effective upon the termination of the transition period, the City of1240
Buckhead City shall be a full functioning municipal corporation and subject to all general1241
laws of this state.1242 23 LC 47 2144ER
S. B. 114
- 55 -
SECTION 8.12.
1243
Directory nature of dates.1244
It is the intention of the General Assembly that this Act be construed as directory rather than1245
mandatory with respect to any date prescribed in this Act.  If it is necessary to delay any1246
action called for in this Act for providential cause or any other reason, it is the intention of1247
the General Assembly that the action be delayed rather than abandoned.  Any delay in1248
performing any action under this Act, whether for cause or otherwise, shall not operate to1249
frustrate the overall intent of this Act.  Without limiting the generality of the foregoing it is1250
specifically provided that:1251
(1)  If it is not possible to hold the referendum election provided for in Section 8.10 of1252
this charter on the date specified in that section, then such referendum shall be held as1253
soon thereafter as is reasonably practicable; and1254
(2)  If it is not possible to hold the first election provided for in Section 8.13 of this1255
charter on the date specified in that section, then there shall be a special primary and a1256
special election for the initial members of the governing authority to be held as soon1257
thereafter as is reasonably practicable, and the commencement of the initial terms of1258
office shall be delayed accordingly.1259
SECTION 8.13.1260
Special election.1261
(a)  The first election for mayor and councilmembers shall be a special election held on the1262
third Tuesday of March, 2025.  At such election, the first mayor and councilmembers shall1263
be elected to serve for the initial terms of office specified in subsections (b) and (c) of this1264
section.  Thereafter, the time for holding regular municipal elections shall be on the1265
Tuesday next following the first Monday in November of each odd-numbered year1266 23 LC 47 2144ER
S. B. 114
- 56 -
beginning in 2025.  The successors to the first mayor and initial councilmembers and future
1267
successors shall take office at the first organizational meeting in January immediately1268
following their election and shall serve for terms of four years and until their respective1269
successors are elected and qualified.1270
(b)  Three initial councilmembers shall serve a term of office of two years and until their1271
respective successors are elected and qualified.  The other three initial councilmembers1272
shall serve a term of office of four years and until their respective successors are elected1273
and qualified.  Thereafter, successors to such initial members shall serve four-year terms1274
of office and until their respective successors are elected and qualified.1275
(c)  The mayor of the City of Buckhead City shall be elected by a majority vote of the1276
qualified electors of the city at large.  The mayor shall serve a term of four years and until1277
his or her successor is elected and qualified and successors to the mayor shall serve1278
four-year terms of office and until their successors are elected and qualified.1279
ARTICLE IX.1280
GENERAL REPEALER1281
SECTION 9.10.1282
General repealer.1283
All laws and parts of laws in conflict with this Act are repealed.1284 23 LC 47 2144ER
S. B. 114
- 57 -
APPENDIX A
1285
LEGAL DESCRIPTION1286
CITY OF BUCKHEAD CITY, GEORGIA1287
User: SD053     1288
Plan Name: BuckheadCity-Corp-2022    1289
Plan Type: Local    1290
District BUCKHEADCITY1291
County Fulton GA 1292
VTD 06I1293
VTD 06N1294
VTD 06Q1295
VTD 07A1296
VTD 07B1297
VTD 07C1298
VTD 07D1299
VTD 07E1300
VTD 07F1301
VTD 07H1302
VTD 07J1303
VTD 07M1304
VTD 07N1305
VTD 08A1306
VTD 08B1307 23 LC 47 2144ER
S. B. 114
- 58 -
VTD 08C
1308
VTD 08D1309
VTD 08E1310
VTD 08F11311
VTD 08F21312
VTD 08G1313
VTD 08H1314
VTD 08J1315
VTD 08K1316
VTD 08L1317
VTD 08M1318
VTD 08N11319
VTD 08N21320
VTD 09A1321
Block 008906: 1322
2004 2007 2009         1323
VTD 09F1324
For the purposes of such plan, BuckheadCity-Corp-2022:1325
(1)  The term "VTD" shall mean and describe the same geographical boundaries as1326
provided in the report of the Bureau of the Census for the United States decennial census1327
of 2020 for the State of Georgia.  The separate numeric designations in a district1328
description which are underneath a "VTD" heading shall mean and describe individual1329
blocks within a VTD as provided in the report of the Bureau of the Census for the United1330
States decennial census of 2020 for the State of Georgia; and1331
(2)  Except as otherwise provided in the description of any district, whenever the1332
description of any district refers to a named city, it shall mean the geographical1333 23 LC 47 2144ER
S. B. 114
- 59 -
boundaries of that city as shown on the census maps for the United States decennial
1334
census of 2020 for the State of Georgia.1335 23 LC 47 2144ER
S. B. 114
- 60 -
APPENDIX B
1336
User: SD053     1337
Plan Name: BuckheadCity-Districts-2022    1338
Plan Type: Local 1339
District 0011340
County Fulton GA 1341
VTD 07D1342
Block 009601: 1343
2000 2001 2002 2003 2004 2005 2006     1344
VTD 08A1345
VTD 08B1346
VTD 08C1347
VTD 08D1348
VTD 08F11349
Block 009803: 1350
1010           1351
Block 009900: 1352
2007 2009 2010 2011 2012       1353
VTD 08M1354
Block 009504: 1355
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 10111356
1012 1013 1014 1015 1016       1357
VTD 08N11358
District 0021359
County Fulton GA 1360 23 LC 47 2144ER
S. B. 114
- 61 -
VTD 07A
1361
VTD 07B1362
VTD 07C1363
Block 009410: 1364
2000           1365
Block 009607: 1366
1000 1001 1002 3000 3003 3004 3005     1367
Block 010007: 1368
1003 1004 1005 1008 1009 1010 1011 1012 1013 2000 2001 20061369
2007           1370
District 0031371
County Fulton GA 1372
VTD 06I1373
VTD 06Q1374
VTD 07E1375
VTD 07F1376
Block 009409: 1377
2004 2008          1378
Block 009606: 1379
1007 1008 1009 1010 1011 1014 1018 1022    1380
VTD 07M1381
VTD 07N1382
District 0041383
County Fulton GA 1384
VTD 07C1385 23 LC 47 2144ER
S. B. 114
- 62 -
Block 009410: 
1386
1003           1387
Block 009606: 1388
1000 1001 1005 1006        1389
Block 009607: 1390
2000 2001 2002 2003 3001 3002 3006 3007    1391
VTD 07D1392
Block 009409: 1393
2000 2001          1394
Block 009601: 1395
1000 1001 1002 1003 1004 1005      1396
Block 009605: 1397
1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 30001398
3001 3002 3003 3004        1399
Block 009606: 1400
1002 1003 1004 1012 1013 1015 1016 1017 1019 1020 1021 1401
VTD 07F1402
Block 009302: 1403
1000           1404
Block 009604: 1405
1000 1001 1002 2000 2001 2002 3000 3001 3002 3003 3004 30051406
3006 3007 3008 3009 3010 4000 4001 4002 4003 4004 4005 1407
VTD 07H1408
Block 009301: 1409
2000 2009 2010 2011 2012 2013 2014     1410
Block 009302: 1411
1001 1002 1003 1004 1005 1006 1007     1412 23 LC 47 2144ER
S. B. 114
- 63 -
VTD 08G
1413
VTD 08M1414
Block 009501: 1415
2000 2001 2002 2003 2004 2007 2011 2012 2013 2014  1416
Block 009504: 1417
2000           1418
District 0051419
County Fulton GA 1420
VTD 06N1421
VTD 07H1422
Block 009301: 1423
1002 2001 2002 2003 2004 2005 2006 2007 2008   1424
VTD 07J1425
VTD 08H1426
VTD 08K1427
VTD 08L1428
District 0061429
County Fulton GA 1430
VTD 08E1431
VTD 08F11432
Block 009804: 1433
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 10111434
1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 20001435
2001 2002 2003 2004        1436
VTD 08F21437 23 LC 47 2144ER
S. B. 114
- 64 -
VTD 08J
1438
VTD 08N21439
VTD 09A1440
Block 008906: 1441
2004 2007 2009         1442
VTD 09F1443 23 LC 47 2144ER
S. B. 114
- 65 -
APPENDIX C
1444
CERTIFICATE AS TO MINIMUM STANDARDS1445
FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION1446
I, Senator Randy Robertson, Georgia State Senate from the 29th District and the author of1447
this bill introduced at the 2023 session of the General Assembly of Georgia, which grants an1448
original municipal charter to the City of Buckhead City, do hereby certify that this bill is in1449
compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A.1450
in that the area embraced within the original incorporation in this bill is in all respects in1451
compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A.1452
This certificate is executed to conform to the requirements of Code Section 36-31-5 of the1453
O.C.G.A.1454
So certified this ___________ day of ________________, 2023.1455
________________________________1456
1457
Honorable Randy Robertson1458
Senator, 29th District1459
Georgia State Senate1460