Georgia 2023-2024 Regular Session

Georgia Senate Bill SB114 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 LC 47 2223ERS
	1	+	23 LC 47 2144ER
	2	+	S. B. 114
2	3		- 1 -
3		-	The Senate Committee on State and Local Governmental Operations - General offered the
4		-	following substitute to SB 114:
	4	+	Senate Bill 114
	5	+	By: Senators Robertson of the 29th, Beach of the 21st, Dolezal of the 27th, Brass of the 28th,
	6	+	Anderson of the 24th and others
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7		-	To incorporate the City of Buckhead City; to provide a charter; to provide for boundaries and1
	9	+	To incorporate the City of Buckhead City; to provide a charter; to provide for boundaries and
	10	+	1
8	11		powers of the city; to provide for a governing authority of such city and the powers, duties,2
9	12		authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions,3
10	13		conflicts of interest, and suspension and removal from office relative to members of such4
11	14		governing authority; to provide for inquiries and investigations; to provide for oaths,5
12	15		organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and6
13	16		codes; to provide for a mayor, mayor pro tempore, and city manager and certain duties,7
14	17		powers, and other matters relative thereto; to provide for administrative affairs and8
15	18		responsibilities; to provide for boards, commissions, and authorities; to provide for a city9
16	19		attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules10
17	20		and regulations; to provide for a municipal court and the judge or judges thereof and other11
18	21		matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and12
19	22		procedures; to provide for the right of certiorari; to provide for elections; to provide for13
20	23		taxation, licenses, and fees; to provide for a millage rate cap; to provide for taxation on14
21	24		behalf of the Atlanta Independent School System; to provide for franchises, service charges,15
22	25		and assessments; to provide for bonded and other indebtedness; to provide for auditing,16
23	26		accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to17
24		-	provide for the conveyance of property and interests therein; to provide for bonds for18 23 LC 47 2223ERS
	27	+	provide for the conveyance of property and interests therein; to provide for bonds for18 23 LC 47 2144ER
	28	+	S. B. 114
25	29		- 2 -
26		-	officials; to provide for prior ordinances and rules, pending matters, and existing personnel;19
	30	+	officials; to provide for prior ordinances and rules, pending matters, and existing personnel;
	31	+	19
27	32		to provide for penalties; to provide for definitions and construction; to provide for other20
28	33		matters relative to the foregoing; to provide for a referendum; to provide contingent effective21
29	34		dates, automatic repeal, and transitional provisions governing the transfer of various22
30	35		functions and responsibilities from the City of Atlanta to the City of Buckhead City; to23
31	36		provide for the transfer and assumption of bonded obligations; to provide for the continuation24
32	37		of lease purchase and intergovernmental agreements; to provide for severability; to provide25
33	38		for effective dates; to repeal conflicting laws; and for other purposes.26
34	39		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:27
35	40		ARTICLE I.28
36	41		INCORPORATION AND POWERS29
37	42		SECTION 1.10.30
38	43		Name.31
39	44		This Act shall constitute the charter of the City of Buckhead City. The city and the32
40	45		inhabitants thereof are constituted and declared a body politic and corporate under the name33
41	46		and style "City of Buckhead City, Georgia," and by that name shall have perpetual34
42	47		succession.35
43	48		SECTION 1.11.36
44	49		Corporate boundaries.37
45	50		(a) The boundaries of this city shall be those set forth and described in Appendix A of this38
46		-	charter, and said Appendix A is incorporated into and made a part of this charter. The39 23 LC 47 2223ERS
	51	+	charter, and said Appendix A is incorporated into and made a part of this charter. The39 23 LC 47 2144ER
	52	+	S. B. 114
47	53		- 3 -
48		-	boundaries of this city at all times shall be shown on a map, a written description, or any40
	54	+	boundaries of this city at all times shall be shown on a map, a written description, or any
	55	+	40
49	56		combination thereof, to be retained permanently in the office of the city clerk and to be41
50	57		designated, as the case may be: "Official Map (or Description) of the corporate limits of42
51	58		the City of Buckhead City, Georgia." Photographic, typed, or other copies of such map or43
52	59		description certified by the city clerk shall be admitted as evidence in all courts and shall44
53	60		have the same force and effect as with the original map or description.45
54	61		(b) The city council may provide for the redrawing of any such map by ordinance to reflect46
55	62		lawful changes in the corporate boundaries. A redrawn map shall supersede for all47
56	63		purposes the entire map or maps which it is designated to replace.48
57	64		SECTION 1.12.49
58	65		Powers and construction.50
59	66		(a) Except as provided in subsection (b) of this section, this city shall have the following51
60	67		powers:52
61	68		(1) Animal regulations. To regulate and license or to prohibit the keeping or running at53
62	69		large of animals and fowl and to provide for the impoundment of same if in violation of54
63	70		any ordinance or lawful order; to provide for the disposition by sale, gift, or humane55
64	71		destruction of animals and fowl when not redeemed as provided by ordinance; and to56
65	72		provide punishment for violation of ordinances enacted under this charter;57
66	73		(2) Appropriations and expenditures. To make appropriations for the support of the58
67	74		government of the city; to authorize the expenditure of money for any purposes59
68	75		authorized by this charter and for any purpose for which a municipality is authorized by60
69	76		the laws of the State of Georgia; and to provide for the payment of expenses of the city;61
70	77		(3) Building regulation. To regulate and to license the erection and construction of62
71	78		buildings and all other structures; to adopt building, housing, plumbing, electrical, gas,63
72		-	and heating and air-conditioning codes; and to regulate all housing and building trades;64 23 LC 47 2223ERS
	79	+	and heating and air-conditioning codes; and to regulate all housing and building trades;64 23 LC 47 2144ER
	80	+	S. B. 114
73	81		- 4 -
74		-	(4) Contracts. To enter into contracts and agreements with other governmental entities65
	82	+	(4) Contracts. To enter into contracts and agreements with other governmental entities
	83	+	65
75	84		and with private persons, firms, and corporations;66
76	85		(5) Emergencies. To establish procedures for determining and proclaiming that an67
77	86		emergency situation exists within or outside the city and to make and carry out all68
78	87		reasonable provisions deemed necessary to deal with or meet such an emergency for the69
79	88		protection, safety, health, or well-being of the citizens of the city;70
80	89		(6) Environmental protection. To protect and preserve the natural resources,71
81	90		environment, and vital areas of the state through the preservation and improvement of air72
82	91		quality, the restoration and maintenance of water resources, the control of erosion and73
83	92		sedimentation, the management of solid and hazardous waste, and other necessary actions74
84	93		for the protection of the environment;75
85	94		(7) Fire regulations. To fix and establish fire limits and from time to time to extend,76
86	95		enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with77
87	96		general law, relating to both fire prevention and detection and to fire fighting; and to78
88	97		prescribe penalties and punishment for violations thereof;79
89	98		(8) General health, safety, and welfare. To define, regulate, and prohibit any act,80
90	99		practice, conduct, or use of property which is detrimental to health, sanitation,81
91	100		cleanliness, welfare, and safety of the inhabitants of the city and to provide for the82
92	101		enforcement of such standards;83
93	102		(9) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for84
94	103		any purpose related to powers and duties of the city and the general welfare of its85
95	104		citizens, on such terms and conditions as the donor or grantor may impose;86
96	105		(10) Health and sanitation. To prescribe standards of health and sanitation and to87
97	106		provide for the enforcement of such standards;88
98	107		(11) Jail sentences. To provide that persons given jail sentences in the municipal court89
99	108		may work out such sentences in any public works or on the streets, roads, drains, and90
100		-	other public property in the city; to provide for commitment of such persons to any jail;91 23 LC 47 2223ERS
	109	+	other public property in the city; to provide for commitment of such persons to any jail;91 23 LC 47 2144ER
	110	+	S. B. 114
101	111		- 5 -
102		-	or to provide for commitment of such persons to any county work camp or county jail by92
	112	+	or to provide for commitment of such persons to any county work camp or county jail by
	113	+	92
103	114		agreement with the appropriate county officials;93
104	115		(12) Municipal agencies and delegation of power. To create, alter, or abolish94
105	116		departments, boards, offices, commissions, and agencies of the city and to confer upon95
106	117		such agencies the necessary and appropriate authority for carrying out all the powers96
107	118		conferred upon or delegated to the same;97
108	119		(13) Municipal debts. To appropriate and borrow money for the payment of debts of the98
109	120		city and to issue bonds for the purpose of raising revenue to carry out any project,99
110	121		program, or venture authorized by this charter or the laws of the State of Georgia;100
111	122		(14) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or101
112	123		otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or102
113	124		outside the property limits of the city;103
114	125		(15) Municipal property protection. To provide for the preservation and protection of104
115	126		property and equipment of the city and the administration and use of same by the public;105
116	127		and to prescribe penalties and punishment for violations thereof;106
117	128		(16) Nuisance. To define a nuisance and provide for its abatement whether on public or107
118	129		private property;108
119	130		(17) Penalties. To provide penalties for violation of any ordinances adopted pursuant to109
120	131		the authority of this charter and the laws of the State of Georgia;110
121	132		(18) Planning and zoning. To provide comprehensive city planning for development by111
122	133		zoning; and to provide subdivision regulation and the like as the city council deems112
123	134		necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community;113
124	135		(19) Public hazards; removal. To provide for the destruction and removal of any114
125	136		building or other structure which is or may become dangerous or detrimental to the115
126	137		public;116
127	138		(20) Public improvements. To provide for the acquisition, construction, building,117
128		-	operation, and maintenance of parks and playgrounds, public grounds, recreational118 23 LC 47 2223ERS
	139	+	operation, and maintenance of parks and playgrounds, public grounds, recreational118 23 LC 47 2144ER
	140	+	S. B. 114
129	141		- 6 -
130		-	facilities, public buildings, and charitable, cultural, educational, recreational,119
	142	+	facilities, public buildings, and charitable, cultural, educational, recreational,
	143	+	119
131	144		conservation, and sport institutions, agencies, and facilities; and to regulate the use of120
132	145		public improvements;121
133	146		(21) Public utilities and services. To grant franchises or make contracts for or impose122
134	147		taxes on public utilities and public service companies and to prescribe the rates, fares,123
135	148		regulations, and standards and conditions of service applicable to the service to be124
136	149		provided by the franchise grantee or contractor, insofar as not in conflict with valid125
137	150		regulations of the Georgia Public Service Commission;126
138	151		(22) Regulation of roadside areas. To prohibit or regulate and control the erection,127
139	152		removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any128
140	153		and all other structures or obstructions upon or adjacent to the rights of way of streets and129
141	154		roads or within view thereof, within or abutting the corporate limits of the city; and to130
142	155		prescribe penalties and punishment for violation of such ordinances;131
143	156		(23) Retirement. To provide and maintain a retirement plan for officers and employees132
144	157		of the city;133
145	158		(24) Roadways. To grant franchises and rights of way throughout the streets and roads134
146	159		and over the bridges and viaducts for the use of public utilities; and to require real estate135
147	160		owners to repair and maintain in a safe condition the sidewalks adjoining their lots or136
148	161		lands and to impose penalties for failure to do so;137
149	162		(25) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops,138
150	163		the manufacture, sale, or transportation of any intoxicating liquors, alcoholic beverages,139
151	164		and the use of firearms; to regulate the transportation, storage, and use of combustible,140
152	165		explosive, and inflammable materials, the use of lighting and heating equipment, and any141
153	166		other business or situation which may be dangerous to persons or property; to regulate142
154	167		and control the conduct of peddlers and itinerant traders, theatrical performances,143
155	168		exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate,144
156		-	or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;145 23 LC 47 2223ERS
	169	+	or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;145 23 LC 47 2144ER
	170	+	S. B. 114
157	171		- 7 -
158		-	(26) Special assessments. To levy and provide for the collection of special assessments146
	172	+	(26) Special assessments. To levy and provide for the collection of special assessments
	173	+	146
159	174		to cover the costs for any public improvements;147
160	175		(27) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation,148
161	176		and collection of taxes on all property subject to taxation;149
162	177		(28) Taxes: other. To levy and collect such other taxes as may be allowed now or in the150
163	178		future by law;151
164	179		(29) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the152
165	180		number of such vehicles; to require the operators thereof to be licensed; to require public153
166	181		liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to154
167	182		regulate the parking of such vehicles; and155
168	183		(30) Other powers. To exercise and enjoy all other powers, functions, rights, privileges,156
169	184		and immunities necessary or desirable to promote or protect the safety, health, peace,157
170	185		security, good order, comfort, convenience, or general welfare of the city and its158
171	186		inhabitants; to exercise all implied powers necessary or desirable to carry into execution159
172	187		all powers granted in this charter as fully and completely as if such powers were fully160
173	188		stated herein; and to exercise all powers now or in the future authorized to be exercised161
174	189		by other municipal governments under other laws of the State of Georgia; and any listing162
175	190		of particular powers in this charter shall not be held to be exclusive of others or restrictive163
176	191		of general words and phrases granting powers, but shall be held to be in addition to such164
177	192		powers unless expressly prohibited to municipalities under the Constitution or applicable165
178	193		laws of the State of Georgia.166
179	194		(b) All powers, functions, rights, privileges, and immunities of the city, its officers,167
180	195		agencies, or employees shall be carried into execution as provided by this charter. If this168
181	196		charter makes no provision, such shall be carried into execution as provided by ordinance169
182		-	or as provided by pertinent laws of the State of Georgia.170 23 LC 47 2223ERS
	197	+	or as provided by pertinent laws of the State of Georgia.170 23 LC 47 2144ER
	198	+	S. B. 114
183	199		- 8 -
184		-	ARTICLE II.171
	200	+	ARTICLE II.
	201	+	171
185	202		GOVERNMENT STRUCTURE172
186	203		SECTION 2.10.173
187	204		City council creation; number; election.174
188	205		(a) The legislative authority of the government of this city, except as otherwise specifically175
189	206		provided in this charter, shall be vested in a city council of which the mayor shall be a176
190	207		voting member.177
191	208		(b)(1) The city council of the City of Buckhead City shall consist of six members, plus178
192	209		the mayor.179
193	210		(2) For the purposes of electing members of the city council, the City of Buckhead City180
194	211		shall be divided into six council districts, designated Council Districts 1 through 6.181
195	212		Council Districts 1, 2, 3, 4, 5, and 6 shall be and correspond to those six numbered182
196	213		districts described in Appendix B attached to and made a part of this Act and further183
197	214		identified as "User: SD053 Plan Name: BuckheadCity-Districts-2022 Plan Type: Local".184
198	215		(3)(A) For the purposes of such plan:185
199	216		(i) The term "VTD" shall mean and describe the same geographical boundaries as186
200	217		provided in the report of the Bureau of the Census for the United States decennial187
201	218		census of 2020 for the State of Georgia. The separate numeric designations in a188
202	219		district description which are underneath a VTD heading shall mean and describe189
203	220		individual Blocks within a VTD as provided in the report of the Bureau of the Census190
204	221		for the United States decennial census of 2020 for the State of Georgia; and191
205	222		(ii) Except as otherwise provided in the description of any district, whenever the192
206	223		description of any district refers to a named city, it shall mean the geographical193
207	224		boundaries of that city as shown on the census maps for the United States decennial194
208		-	census of 2020 for the State of Georgia.195 23 LC 47 2223ERS
	225	+	census of 2020 for the State of Georgia.195 23 LC 47 2144ER
	226	+	S. B. 114
209	227		- 9 -
210		-	(B) Any part of the City of Buckhead City which is not included in any district196
	228	+	(B) Any part of the City of Buckhead City which is not included in any district
	229	+	196
211	230		described in paragraph (2) of this subsection shall be included within that district197
212	231		contiguous to such part which contains the least population according to the United198
213	232		States decennial census of 2020 for the State of Georgia.199
214	233		(C) Any part of City of Buckhead City which is described in paragraph (2) of this200
215	234		subsection as being included in a particular district shall nevertheless not be included201
216	235		within such district if such part is not contiguous to such district. Such noncontiguous202
217	236		part shall instead be included within that district contiguous to such part which contains203
218	237		the least population according to the United States decennial census of 2020 for the204
219	238		State of Georgia.205
220	239		(D) Any part of the City of Buckhead City which is described in paragraph (2) of this206
221	240		subsection as being included in a particular district which, on the effective date of this207
222	241		Act, is within the corporate boundaries of another municipality shall not be included208
223	242		within such district. 209
224	243		(E) Any part of the City of Buckhead City which is described in paragraph (2) of this210
225	244		subsection as being included in a particular district which is not within the corporate211
226	245		boundaries of the City of Buckhead City shall not be included within such district. 212
227	246		(4) Following each decennial census, the city council shall revise such districts pursuant213
228	247		to Code Section 36-35-4.1 of the O.C.G.A. to maintain a proper population balance214
229	248		among such districts. 215
230	249		(5) One councilmember shall be elected from each of the six council districts. Each216
231	250		person desiring to offer as a candidate for councilmember shall designate the council217
232	251		district for which he or she is offering. Councilmembers shall be elected by a majority218
233	252		vote of the qualified electors of the respective council districts voting at the elections of219
234	253		the city. In the event that no candidate for a council district obtains a majority vote of the220
235	254		qualified electors of the council district voting in the election, a run-off election shall be221
236		-	held. The candidates receiving the two highest numbers of votes in the election for such222 23 LC 47 2223ERS
	255	+	held. The candidates receiving the two highest numbers of votes in the election for such222 23 LC 47 2144ER
	256	+	S. B. 114
237	257		- 10 -
238		-	council district shall be included in the run-off election. The person receiving the highest223
	258	+	council district shall be included in the run-off election. The person receiving the highest
	259	+	223
239	260		number of votes of the qualified electors of the council district voting at such run-off224
240	261		election shall be elected. Each candidate for election to the city council shall reside in225
241	262		the district he or she seeks to represent. 226
242	263		(c) With the exception of the initial terms set forth in subsection (d) of this section,227
243	264		councilmembers shall be elected to terms of four years and until their successors are228
244	265		elected and qualified on a staggered basis in alternate election cycles such that every two229
245	266		years two councilmembers are up for election. 230
246	267		(d)(1) In order to ensure staggered elections of the councilmembers, in the first election231
247	268		of the city council the terms for the candidates elected for Council Districts 2, 4, and 6232
248	269		shall expire upon the administration of the oath of office to their successors elected in the233
249	270		regular election held in November, 2025.234
250	271		(2) The terms for the candidates elected for Council Districts 1, 3, and 5 shall expire235
251	272		upon the administration of the oath of office to their successors elected in the regular236
252	273		election held in November, 2027. 237
253	274		(3) Thereafter, a successor to each councilmember shall be elected at the November238
254	275		election immediately preceding the end of such councilmember's term of office, and the239
255	276		term of each councilmember shall expire upon the administration of the oath of office to240
256	277		his or her successor. 241
257	278		(e)(1) With the exception of the initial term of office, the mayor of the City of Buckhead242
258	279		City, with the powers and duties specified herein, shall be elected to a term of four years243
259	280		and until his or her successor is elected and qualified. The mayor shall be elected by a244
260	281		majority vote of the qualified electors of the city at large voting at the elections of the245
261	282		city. In the event that no candidate for mayor obtains a majority vote of the qualified246
262	283		electors of the city at large voting at the elections of the city, a run-off election shall be247
263	284		held. The candidates receiving the two highest numbers of votes in the election shall be248
264		-	included in the run-off election, and the candidate receiving the highest number of votes249 23 LC 47 2223ERS
	285	+	included in the run-off election, and the candidate receiving the highest number of votes249 23 LC 47 2144ER
	286	+	S. B. 114
265	287		- 11 -
266		-	in the run-off election of the qualified electors of the city at large voting at such run-off250
	288	+	in the run-off election of the qualified electors of the city at large voting at such run-off
	289	+	250
267	290		election shall be elected. 251
268	291		(2) The term of the first elected mayor shall expire upon the administration of the oath252
269	292		of office to his or her successor elected in the regular election held in November, 2027.253
270	293		Thereafter, a successor to each mayor shall be elected at the November election254
271	294		immediately preceding the end of such mayor's term of office, and the term of each255
272	295		mayor shall expire upon the administration of the oath of office to his or her successor.256
273	296		SECTION 2.11.257
274	297		Mayor and councilmembers; terms and qualifications for office.258
275	298		(a) For all elections subsequent to the first election, the mayor and councilmembers shall259
276	299		serve for terms of four years and until their terms expire upon the administration of the oath260
277	300		of office to their successors. No person shall be eligible to serve as mayor or261
278	301		councilmember unless that person shall have been a resident of the City of Buckhead City262
279	302		for a continuous period of at least 12 months immediately prior to the date of the election263
280	303		for mayor or councilmember, shall continue to reside therein during that person's period264
281	304		of service, and shall continue to be registered and qualified to vote in municipal elections265
282	305		of the City of Buckhead City. In addition to the above requirements, no person shall be266
283	306		eligible to serve as a councilmember representing a council district unless that person has267
284	307		been a resident of the district such person seeks to represent for a continuous period of at268
285	308		least six months immediately prior to the date of the election for councilmember and269
286	309		continues to reside in such district during that person's period of service. 270
287	310		(b) An election shall be held on the third Tuesday in March, 2025, to elect the first mayor271
288	311		and city council. At such election, the first mayor and council shall be elected to serve for272
289		-	the initial terms of office specified in subsection (e) of Section 2.01 of this charter.273 23 LC 47 2223ERS
	312	+	the initial terms of office specified in subsection (e) of Section 2.01 of this charter.273 23 LC 47 2144ER
	313	+	S. B. 114
290	314		- 12 -
291		-	Thereafter, the time for holding regular municipal elections shall be on the Tuesday next274
	315	+	Thereafter, the time for holding regular municipal elections shall be on the Tuesday next
	316	+	274
292	317		following the first Monday in November of each odd-numbered year beginning in 2027.275
293	318		(c) For the initial terms of the councilmembers of Districts 2, 4, and 6, the councilmembers276
294	319		serving from such districts shall serve full time. Thereafter, Districts 2, 4, and 6 will be277
295	320		part-time positions. For the first two years of the initial terms of the councilmembers of278
296	321		Districts 1, 3, and 5, the councilmembers serving from such districts shall serve full time,279
297	322		and thereafter Districts 1, 3, and 5 will be part-time positions.280
298	323		(d) The number of consecutive terms an individual may hold a position as a281
299	324		councilmember shall be unlimited. 282
300	325		(e) The number of consecutive terms an individual may hold the position of mayor shall283
301	326		be limited to two four-year terms and shall not include any partial term of office served as284
302	327		mayor.285
303	328		(f) No person who has been convicted of a felony or a crime of moral turpitude shall be286
304	329		eligible for election or to serve as mayor or councilmember. 287
305	330		(g) No person who was a holder of elected public office at the time of the enactment of this288
306	331		charter shall be eligible for election or to serve as mayor or councilmember during the first289
307	332		four years of the city's existence.290
308	333		SECTION 2.12.291
309	334		Vacancy; filling of vacancies; suspensions.292
310	335		(a) Vacancies. The office of mayor or councilmember shall become vacant upon such293
311	336		person's failing or ceasing to reside in the city or upon the occurrence of any event294
312	337		specified by the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are295
313	338		or may hereafter be enacted, or upon qualifying for any municipal office other than296
314		-	reelection to the present office held. Notwithstanding any other provisions within this297 23 LC 47 2223ERS
	339	+	reelection to the present office held. Notwithstanding any other provisions within this297 23 LC 47 2144ER
	340	+	S. B. 114
315	341		- 13 -
316		-	charter, the mayor, or such other presiding officer of the council upon disqualification of298
	342	+	charter, the mayor, or such other presiding officer of the council upon disqualification of
	343	+	298
317	344		the mayor, shall appoint the successor to serve the balance of the vacated term.299
318	345		(b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be300
319	346		filled for the remainder of the unexpired term, if any, by appointment if less than 12301
320	347		months remain in the unexpired term, otherwise by an election as provided for in Section302
321	348		5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may303
322	349		hereafter be enacted.304
323	350		(c) Suspension. Upon the suspension from office of mayor or councilmember in any305
324	351		manner authorized by the general laws of the State of Georgia, the city council or those306
325	352		remaining shall appoint a successor for the duration of the suspension. If the suspension307
326	353		becomes permanent, then the office shall become vacant and shall be filled for the308
327	354		remainder of the unexpired term, if any, as provided for in this charter.309
328	355		SECTION 2.13.310
329	356		Compensation and expenses.311
330	357		(a)(1) The mayor shall receive an initial salary of $225,000.00 per year for the first four312
331	358		years, paid in equal monthly installments from the funds of the city, and $179,000.00 for313
332	359		any year following. 314
333		-	(2) Each councilmember shall receive a salary of $72,000.00 per year~~, paid in equal315~~
334		-	monthly installments from the funds of the city.316
	360	+	(2) Each councilmember shall receive a salary of $72,000.00 per year for the part-time315
	361	+	positions, paid in equal monthly installments from the funds of the city.316
335	362		(b) The mayor and councilmember salaries are subject to cost of living increases as317
336	363		ascertained by the city council.318
337	364		(c) The mayor and councilmembers may alter their compensation, as provided by law;319
338	365		provided, however, that five affirmative votes shall be required to raise the salary pursuant320
339	366		to this provision and a unanimous vote shall be required to lower the salary pursuant to this321
340		-	provision.322 23 LC 47 2223ERS
	367	+	provision.322 23 LC 47 2144ER
	368	+	S. B. 114
341	369		- 14 -
342		-	SECTION 2.14.323
	370	+	SECTION 2.14.
	371	+	323
343	372		Conflicts of interest; holding other offices.324
344	373		(a) Elected and appointed officers of the city are trustees and servants of the residents of325
345	374		the city and shall act in a fiduciary capacity for the benefit of such residents.326
346	375		(b) Conflict of interest. No elected official, appointed officer, or employee of the city or327
347	376		any agency or political entity to which this charter applies shall knowingly:328
348	377		(1) Engage in any business or transaction or have a financial or other personal interest,329
349	378		direct or indirect, which is incompatible with the proper discharge of that person's official330
350	379		duties or which would tend to impair the independence of that person's judgment or331
351	380		action in the performance of that person's official duties;332
352	381		(2) Engage in or accept private employment or render services for private interests when333
353	382		such employment or service is incompatible with the proper discharge of that person's334
354	383		official duties or would tend to impair the independence of that person's judgment or335
355	384		action in the performance of that person's official duties;336
356	385		(3) Disclose confidential information, including information obtained at meetings which337
357	386		are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,338
358	387		government, or affairs of the governmental body by which that person is engaged without339
359	388		proper legal authorization or use such information to advance the financial or other340
360	389		private interest of that person or others;341
361	390		(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise,342
362	391		from any person, firm, or corporation which to that person's knowledge is interested,343
363	392		directly or indirectly, in any manner whatsoever, in business dealings with the344
364	393		governmental body by which that person is engaged; provided, however, that an elected345
365	394		official who is a candidate for public office may accept campaign contributions and346
366		-	services in connection with any such campaign;347 23 LC 47 2223ERS
	395	+	services in connection with any such campaign;347 23 LC 47 2144ER
	396	+	S. B. 114
367	397		- 15 -
368		-	(5) Represent other private interests in any action or proceeding against this city or any348
	398	+	(5) Represent other private interests in any action or proceeding against this city or any
	399	+	348
369	400		portion of its government; or349
370	401		(6) Vote or otherwise participate in the negotiation or in the making of any contract with350
371	402		any business or entity in which that person has a financial interest.351
372	403		(c) Disclosure. Any elected official, appointed officer, or employee who shall have any352
373	404		financial interest, directly or indirectly, in any contract or matter pending before or within353
374	405		any department of the city shall disclose such interest to the city council. The mayor or any354
375	406		councilmember who has a financial interest in any matter pending before the city council355
376	407		shall disclose such interest and such disclosure shall be entered on the records of the city356
377	408		council, and that person shall disqualify himself or herself from participating in any357
378	409		decision or vote relating thereto. Any elected official, appointed officer, or employee of358
379	410		any agency or political entity to which this charter applies who shall have any financial359
380	411		interest, directly or indirectly, in any contract or matter pending before or within such360
381	412		entity shall disclose such interest to the governing body of such agency or entity.361
382	413		(d) Use of public property. No elected official, appointed officer, or employee of the city362
383	414		or any agency or entity to which this charter applies shall use property owned by such363
384	415		governmental entity for personal benefit, convenience, or profit except in accordance with364
385	416		policies promulgated by the city council or the governing body of such agency or entity.365
386	417		(e) Contracts voidable and rescindable. Any violation of this section which occurs with366
387	418		the knowledge, express or implied, of a party to a contract or sale shall render such contract367
388	419		or sale voidable at the option of the city council.368
389	420		(f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor369
390	421		any councilmember shall hold any other elective or compensated appointive office in the370
391	422		city or otherwise be employed by said government or any agency thereof during the term371
392	423		for which that person was elected. No former councilmember and no former mayor shall372
393	424		hold any compensated appointive office in the city until one year after the expiration of the373
394		-	term for which that person was elected.374 23 LC 47 2223ERS
	425	+	term for which that person was elected.374 23 LC 47 2144ER
	426	+	S. B. 114
395	427		- 16 -
396		-	(g) Political activities of certain officers and employees. No appointed officer and no375
	428	+	(g) Political activities of certain officers and employees. No appointed officer and no
	429	+	375
397	430		employee of the city shall continue in such employment upon qualifying as a candidate for376
398	431		nomination or election to any public office. No employee of the city shall continue in such377
399	432		employment upon election to any public office in this city or any other public office which378
400	433		is inconsistent, incompatible, or in conflict with the duties of the city employee. Such379
401	434		determination shall be made by the mayor and city council either immediately upon380
402	435		election or at any time such conflict may arise.381
403	436		(h) Penalties for violation.382
404	437		(1) Any city officer or employee who knowingly conceals such financial interest or383
405	438		knowingly violates any of the requirements of this section shall be guilty of malfeasance384
406	439		in office or position and shall be deemed to have forfeited that person's office or position.385
407	440		(2) Any officer or employee of the city who shall forfeit that person's office or position386
408	441		as described in paragraph (1) of this subsection shall be ineligible for appointment or387
409	442		election to or employment in a position in the city government for a period of three years388
410	443		thereafter.389
411	444		SECTION 2.15.390
412	445		Inquiries and investigations.391
413	446		Following the adoption of an authorizing resolution, the city council may make inquiries and392
414	447		investigations into the affairs of the city and conduct of any department, office, or agency393
415	448		thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and394
416	449		require the production of evidence. Any person who fails or refuses to obey a lawful order395
417	450		issued in the exercise of these powers by the city council shall be punished as may be396
418		-	provided by ordinance.397 23 LC 47 2223ERS
	451	+	provided by ordinance.397 23 LC 47 2144ER
	452	+	S. B. 114
419	453		- 17 -
420		-	SECTION 2.16.398
	454	+	SECTION 2.16.
	455	+	398
421	456		General power and authority of the city council.399
422	457		Except as otherwise provided by law or this charter, the city council shall be vested with all400
423	458		the powers of government of this city.401
424	459		SECTION 2.17.402
425	460		Organizational meetings.403
426	461		Unless otherwise provided by ordinance, the city council shall hold an organizational404
427	462		meeting on the first Tuesday in January of each even-numbered year. The meeting shall be405
428	463		called to order by the city clerk and the oath of office shall be administered to the newly406
429	464		elected members as follows:407
430	465		"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor)408
431	466		(councilmember) of this city and that I will support and defend the charter thereof as well409
432	467		as the Constitution and laws of the State of Georgia and the United States of America."410
433	468		SECTION 2.18.411
434	469		Meetings.412
435	470		(a) The city council shall hold regular meetings at such times and places as shall be413
436	471		prescribed by ordinance.414
437	472		(b) Special meetings of the city council may be held on call of the mayor or three members415
438	473		of the city council. Notice of such special meeting shall be served on all other members416
439	474		personally, or by telephone personally, at least 48 hours in advance of the meeting. Such417
440	475		notice to councilmembers shall not be required if the mayor and all councilmembers are418
441		-	present when the special meeting is called. Such notice of any special meeting may be419 23 LC 47 2223ERS
	476	+	present when the special meeting is called. Such notice of any special meeting may be419 23 LC 47 2144ER
	477	+	S. B. 114
442	478		- 18 -
443		-	waived by a councilmember in writing before or after such a meeting and attendance at the420
	479	+	waived by a councilmember in writing before or after such a meeting and attendance at the
	480	+	420
444	481		meeting shall also constitute a waiver of notice on any business transacted in such421
445	482		councilmember's presence. Only the business stated in the call may be transacted at the422
446	483		special meeting.423
447	484		(c) All meetings of the city council shall be public to the extent required by law, and notice424
448	485		to the public of special meetings shall be made as fully as is reasonably possible as425
449	486		provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or426
450	487		may hereafter be enacted.427
451	488		SECTION 2.19.428
452	489		Rules of procedure.429
453	490		(a) The city council shall adopt its rules of procedure and order of business consistent with430
454	491		the provisions of this charter and shall provide for keeping of a journal of its proceedings,431
455	492		which shall be a public record.432
456	493		(b) All committees and committee chairpersons and officers of the city council shall be433
457	494		appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have434
458	495		the power to appoint new members to any committee at any time.435
459	496		SECTION 2.20.436
460	497		Quorum; voting.437
461	498		The mayor and three councilmembers, or four councilmembers without the mayor, shall438
462	499		constitute a quorum and shall be authorized to transact business of the city council. Voting439
463	500		on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the440
464	501		journal, but any councilmember shall have the right to request a roll-call vote and such vote441
465		-	shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative442 23 LC 47 2223ERS
	502	+	shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative442 23 LC 47 2144ER
	503	+	S. B. 114
466	504		- 19 -
467		-	vote of four councilmembers shall be required for the adoption of any ordinance, resolution,443
	505	+	vote of four councilmembers shall be required for the adoption of any ordinance, resolution,
	506	+	443
468	507		or motion. An abstention shall be counted as an affirmative vote.444
469	508		SECTION 2.21.445
470	509		Ordinance form; procedures.446
471	510		(a) Every proposed ordinance should be introduced in writing and in the form required for447
472	511		final adoption. No ordinance shall contain a subject which is not expressed in its title. The448
473	512		enacting clause shall be "It is hereby ordained by the governing authority of the City of449
474	513		Buckhead City..." and every ordinance shall so begin.450
475	514		(b) An ordinance may be introduced by any councilmember and be read at a regular or451
476	515		special meeting of the city council. Ordinances shall be considered and adopted or rejected452
477	516		by the city council in accordance with the rules which it shall establish; provided, however,453
478	517		that an ordinance shall not be adopted the same day it is introduced, except for emergency454
479	518		ordinances provided for in Section 2.23 of this charter. Upon introduction of any455
480	519		ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each456
481	520		councilmember and shall file a reasonable number of copies in the office of the clerk and457
482	521		at such other public places as the city council may designate.458
483	522		SECTION 2.22.459
484	523		Action requiring an ordinance.460
485		-	Acts of the city council which have the force and effect of law shall be enacted by ordinance.461 23 LC 47 2223ERS
	524	+	Acts of the city council which have the force and effect of law shall be enacted by ordinance.461 23 LC 47 2144ER
	525	+	S. B. 114
486	526		- 20 -
487		-	SECTION 2.23.462
	527	+	SECTION 2.23.
	528	+	462
488	529		Emergencies.463
489	530		(a) To meet a public emergency affecting life, health, property, or public peace, the city464
490	531		council may convene on call of the mayor or three councilmembers and may promptly465
491	532		adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or466
492	533		extend a franchise; regulate the rate charged by any public utility for its services; or467
493	534		authorize the borrowing of money except for loans to be repaid within 30 days. An468
494	535		emergency ordinance shall be introduced in the form prescribed for ordinances generally,469
495	536		except that it shall be plainly designated as an emergency ordinance and shall contain, after470
496	537		the enacting clause, a declaration stating that an emergency exists and describing the471
497	538		emergency in clear and specific terms. An emergency ordinance may be adopted, with or472
498	539		without amendment, or rejected at the meeting at which it is introduced, but the affirmative473
499	540		vote of at least four councilmembers shall be required for adoption. It shall become474
500	541		effective upon adoption or at such later time as it may specify. Every emergency ordinance475
501	542		shall automatically stand repealed 30 days following the date upon which it was adopted,476
502	543		but this shall not prevent reenactment of the ordinance in the manner specified in this477
503	544		section if the emergency still exists. An emergency ordinance may also be repealed by478
504	545		adoption of a repealing ordinance in the same manner specified in this section for adoption479
505	546		of emergency ordinances.480
506	547		(b) Such meetings shall be open to the public to the extent required by law and notice to481
507	548		the public of emergency meetings shall be made as fully as is reasonably possible in482
508	549		accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as483
509		-	are or may hereafter be enacted.484 23 LC 47 2223ERS
	550	+	are or may hereafter be enacted.484 23 LC 47 2144ER
	551	+	S. B. 114
510	552		- 21 -
511		-	SECTION 2.24.485
	553	+	SECTION 2.24.
	554	+	485
512	555		Codes of technical regulations.486
513	556		(a) The city council may adopt any standard code of technical regulations by reference487
514	557		thereto in an adopting ordinance. The procedure and requirements governing such488
515	558		adopting ordinance shall be as prescribed for ordinances generally except that: (1) the489
516	559		requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of490
517	560		copies of the ordinance shall be construed to include copies of any code of technical491
518	561		regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of492
519	562		technical regulations, as well as the adopting ordinance, shall be authenticated and recorded493
520	563		by the clerk pursuant to Section 2.25 of this charter.494
521	564		(b) Copies of any adopted code of technical regulations shall be made available by the495
522	565		clerk for inspection by the public.496
523	566		SECTION 2.25.497
524	567		Signing; authenticating;498
525	568		recording; codification; printing.499
526	569		(a) The clerk shall authenticate by the clerk's signature and record in full in a properly500
527	570		indexed book kept for that purpose all ordinances adopted by the city council.501
528	571		(b) The city council shall provide for the preparation of a general codification of all the502
529	572		ordinances of the city having the force and effect of law. The general codification shall be503
530	573		adopted by the city council by ordinance and shall be published promptly, together with504
531	574		all amendments thereto and such codes of technical regulations and other rules and505
532	575		regulations as the city council may specify. This compilation shall be known and cited506
533		-	officially as "The Code of the City of Buckhead City, Georgia." Copies of the code shall507 23 LC 47 2223ERS
	576	+	officially as "The Code of the City of Buckhead City, Georgia." Copies of the code shall507 23 LC 47 2144ER
	577	+	S. B. 114
534	578		- 22 -
535		-	be furnished to all officers, departments, and agencies of the city and made available for508
	579	+	be furnished to all officers, departments, and agencies of the city and made available for
	580	+	508
536	581		purchase by the public at a reasonable price as fixed by the city council.509
537	582		(c) The city council shall cause each ordinance and each amendment to this charter to be510
538	583		printed promptly following its adoption, and the printed ordinances and charter511
539	584		amendments shall be made available for purchase by the public at reasonable prices to be512
540	585		fixed by the city council. Following publication of the first code under this charter and at513
541	586		all times thereafter, the ordinances and charter amendments shall be printed in substantially514
542	587		the same style as the code currently in effect and shall be suitable in form for incorporation515
543	588		therein. The city council shall make such further arrangements as deemed desirable with516
544	589		reproduction and distribution of any current changes in or additions to codes of technical517
545	590		regulations and other rules and regulations included in the code.518
546	591		SECTION 2.26.519
547	592		City manager; appointment; qualifications; compensation.520
548	593		The mayor shall appoint a city manager, also known as "the manager," for an indefinite term.521
549	594		The city council shall fix the manager's compensation. The city manager shall be appointed522
550	595		solely on the basis of that person's executive and administrative qualifications, and shall523
551	596		report to and be supervised by the mayor.524
552	597		SECTION 2.27.525
553	598		Removal of city manager.526
554	599		(a) The city council may remove the manager from office in accordance with the following527
555	600		procedures:528
556	601		(1) The city council shall adopt by affirmative vote of a majority of all its members a529
557		-	preliminary resolution which must state the reasons for removal and may suspend the530 23 LC 47 2223ERS
	602	+	preliminary resolution which must state the reasons for removal and may suspend the530 23 LC 47 2144ER
	603	+	S. B. 114
558	604		- 23 -
559		-	manager from duty for a period not to exceed 45 days. A copy of the resolution shall be531
	605	+	manager from duty for a period not to exceed 45 days. A copy of the resolution shall be
	606	+	531
560	607		delivered promptly to the manager;532
561	608		(2) Within five days after a copy of the resolution is delivered to the manager, the533
562	609		manager may file with the city council a written request for a public hearing. This534
563	610		hearing shall be held within 30 days after the request is filed. The manager may file with535
564	611		the council a written reply not later than five days before the hearing; and536
565	612		(3) If the manager has not requested a public hearing within the time specified in537
566	613		paragraph (2) of this subsection, the city council may adopt a final resolution for removal,538
567	614		which may be made effective immediately, by an affirmative vote of a majority of all its539
568	615		members. If the manager has requested a public hearing, the city council may adopt a540
569	616		final resolution for removal, which may be made effective immediately, by an affirmative541
570	617		vote of a majority of all its members at any time after the public hearing.542
571	618		(b) The manager may continue to receive a salary until the effective date of a final543
572	619		resolution of removal.544
573	620		SECTION 2.28.545
574	621		Acting city manager.546
575	622		By letter filed with the city clerk, the city manager shall designate, subject to approval of the547
576	623		city council, a qualified city administrative officer to exercise the powers and perform the548
577	624		duties of city manager during the city manager's temporary absence or physical or mental549
578	625		disability. During such absence or disability, the city council may revoke such designation550
579	626		at any time and appoint another officer of the city to serve until the city manager shall return551
580		-	or the city manager's disability shall cease.552 23 LC 47 2223ERS
	627	+	or the city manager's disability shall cease.552 23 LC 47 2144ER
	628	+	S. B. 114
581	629		- 24 -
582		-	SECTION 2.29.553
	630	+	SECTION 2.29.
	631	+	553
583	632		Powers and duties of the city manager.554
584	633		The city manager shall be the chief administrative officer of the city. The city manager shall555
585	634		be responsible to the city council for the administration of all city affairs placed in the city556
586	635		manager's charge by or under this charter. As the chief administrative officer, the city557
587	636		manager shall:558
588	637		(1) Appoint and, when the city manager deems it necessary for the good of the city,559
589	638		suspend or remove all city employees and administrative officers the city manager560
590	639		appoints, except as otherwise provided by law or personnel ordinances adopted pursuant561
591	640		to this charter. The city manager may authorize any department director or administrative562
592	641		officer who is subject to the city manager's direction and supervision to exercise these563
593	642		powers with respect to subordinates in that officer's department, office, or agency;564
594	643		(2) Direct and supervise the administration of all departments, offices, and agencies of565
595	644		the city, except as otherwise provided by this charter or by law;566
596	645		(3) Attend all city council meetings except for closed meetings held for the purposes of567
597	646		deliberating on the appointment, discipline, or removal of the city manager and have the568
598	647		right to take part in discussion but the city manager may not vote;569
599	648		(4) See that all laws, provisions of this charter, and acts of the city council, subject to570
600	649		enforcement by the city manager or by officers subject to the city manager's direction and571
601	650		supervision, are faithfully executed;572
602	651		(5) At the direction of the mayor, prepare and submit the annual operating budget and573
603	652		capital budget to the city council;574
604	653		(6) Submit to the city council and make available to the public a complete report on the575
605		-	finances and administrative activities of the city as of the end of each fiscal year;576 23 LC 47 2223ERS
	654	+	finances and administrative activities of the city as of the end of each fiscal year;576 23 LC 47 2144ER
	655	+	S. B. 114
606	656		- 25 -
607		-	(7) Make such other reports as the city council may require concerning the operations577
	657	+	(7) Make such other reports as the city council may require concerning the operations
	658	+	577
608	659		of city departments, offices, and agencies subject to the city manager's direction and578
609	660		supervision;579
610	661		(8) Keep the city council fully advised as to the financial condition and future needs of580
611	662		the city, and make such recommendations to the city council concerning the affairs of the581
612	663		city as the city manager deems desirable; and582
613	664		(9) Perform other such duties as are specified in this charter or as may be required by the583
614	665		mayor.584
615	666		SECTION 2.30.585
616	667		Council interference with administration.586
617	668		Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the587
618	669		city council or its members shall deal with city officers and employees who are subject to the588
619	670		direction and supervision of the city manager solely through the city manager, and neither589
620	671		the city council nor its members shall give orders to any such officer or employee, either590
621	672		publicly or privately. The city council shall act in all matters as a body and no member shall591
622	673		seek individually to influence the official acts of the city manager or any other officer or592
623	674		employee of the city, or direct or request the appointment of any person to, or his or her593
624	675		removal from, any office or position of employment, or to interfere in any way with the594
625		-	performance of the duties by the city manager or other officers or employees.595 23 LC 47 2223ERS
	676	+	performance of the duties by the city manager or other officers or employees.595 23 LC 47 2144ER
	677	+	S. B. 114
626	678		- 26 -
627		-	SECTION 2.31.596
	679	+	SECTION 2.31.
	680	+	596
628	681		Election of mayor; forfeiture.597
629	682		The mayor shall be elected at large by the voters of the city and serve for a term of four years598
630	683		and until a successor is elected and qualified. The mayor shall be a qualified elector of this599
631	684		city and shall have been a resident of the city for 12 months prior to the date of election. The600
632	685		mayor shall continue to reside in this city during the period of service. The mayor shall601
633	686		forfeit the office on the same grounds and under the same procedure as for councilmembers.602
634	687		SECTION 2.32.603
635	688		Mayor pro tem.604
636	689		The city council at the first regular meeting after the newly elected councilmembers have605
637	690		taken office following each election shall elect a councilmember to serve as mayor pro tem.606
638	691		The mayor pro tem shall be elected by a majority vote of the city council. The mayor pro607
639	692		tem shall serve for a term of two years. The mayor pro tem shall assume the duties and608
640	693		powers of the mayor during the mayor's physical or mental disability, suspension from office,609
641	694		or absence. Any such disability of the mayor shall be declared by a majority vote of the city610
642	695		council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has611
643	696		a disqualifying financial interest as provided in Section 2.14 of this charter. When acting as612
644	697		mayor, the mayor pro tem shall be entitled to vote as a member of the council.613
645	698		SECTION 2.33.614
646	699		Powers and duties of mayor.615
647	700		The mayor shall:616
648		-	(1) Devote a full-time work schedule to the office elected hereto;617 23 LC 47 2223ERS
	701	+	(1) Devote a full-time work schedule to the office elected hereto;617 23 LC 47 2144ER
	702	+	S. B. 114
649	703		- 27 -
650		-	(2) Direct and supervise the city manager; 618
	704	+	(2) Direct and supervise the city manager;
	705	+	618
651	706		(3) Preside at all meetings of the city council;619
652	707		(4) Be the head of the city for the purpose of service of process and for ceremonial620
653	708		purposes, and be the official spokesperson for the city and the chief advocate of policy;621
654	709		(5) Have the power to administer oaths and to take affidavits;622
655	710		(6) Sign as a matter of course on behalf of the city all written and approved contracts,623
656	711		ordinances, resolutions, and other instruments executed by the city which by law are624
657	712		required to be in writing; and625
658	713		(7) Perform such other duties as may be required by law, this charter, or by ordinance.626
659	714		ARTICLE III.627
660	715		ADMINISTRATIVE AFFAIRS628
661	716		SECTION 3.10.629
662	717		Administrative and service departments.630
663	718		(a) Except as otherwise provided in this charter, the city council by ordinance shall631
664	719		prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant632
665	720		all nonelective offices, positions of employment, departments, and agencies of the city as633
666	721		necessary for the proper administration of the affairs and government of this city.634
667	722		(b) Except as otherwise provided by this charter or by law, the directors of departments635
668	723		and other appointed officers of the city shall be appointed solely on the basis of their636
669	724		respective administrative and professional qualifications.637
670	725		(c) All appointed officers and directors of departments shall receive such compensation638
671	726		as prescribed by ordinance.639
672	727		(d) There shall be a director of each department or agency who shall be its principal640
673		-	officer. Each director shall, subject to the direction and supervision of the city manager,641 23 LC 47 2223ERS
	728	+	officer. Each director shall, subject to the direction and supervision of the city manager,641 23 LC 47 2144ER
	729	+	S. B. 114
674	730		- 28 -
675		-	be responsible for the administration and direction of the affairs and operations of that642
	731	+	be responsible for the administration and direction of the affairs and operations of that
	732	+	642
676	733		director's department or agency.643
677	734		(e) All appointed officers and directors under the supervision of the city manager shall be644
678	735		nominated by the city manager with confirmation of appointment by the city council. All645
679	736		appointed officers and directors shall be employees at will and subject to removal or646
680	737		suspension at any time by the city manager unless otherwise provided by law or ordinance.647
681	738		SECTION 3.11.648
682	739		Boards, commissions, and authorities.649
683	740		(a) The city council shall create by ordinance such boards, commissions, and authorities650
684	741		to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council651
685	742		deems necessary and shall by ordinance establish the composition, period of existence,652
686	743		duties, and powers thereof.653
687	744		(b) All members of boards, commissions, and authorities of the city shall be appointed by654
688	745		the mayor and council for such terms of office and in such manner as shall be provided by655
689	746		ordinance, except where other appointing authority, terms of office, or manner of656
690	747		appointment is prescribed by this charter or by law.657
691	748		(c) The city council by ordinance may provide for the compensation and reimbursement658
692	749		for actual and necessary expenses of the members of any board, commission, or authority.659
693	750		(d) Except as otherwise provided by charter or by law, no member of any board,660
694	751		commission, or authority shall hold any elective office in the city.661
695	752		(e) Any vacancy on a board, commission, or authority of the city shall be filled for the662
696	753		unexpired term in the manner prescribed in this charter for original appointment, except as663
697	754		otherwise provided by this charter or by law.664
698	755		(f) No member of a board, commission, or authority shall assume office until that person665
699		-	has executed and filed with the clerk of the city an oath obligating that person to perform666 23 LC 47 2223ERS
	756	+	has executed and filed with the clerk of the city an oath obligating that person to perform666 23 LC 47 2144ER
	757	+	S. B. 114
700	758		- 29 -
701		-	faithfully and impartially the duties of that person's office; such oath shall be prescribed667
	759	+	faithfully and impartially the duties of that person's office; such oath shall be prescribed
	760	+	667
702	761		by ordinance and administered by the mayor.668
703	762		(g) All members of boards, commissions, or authorities of the city serve at will and may669
704	763		be removed at any time by the mayor and council unless otherwise provided by law.670
705	764		(h) Except as otherwise provided by this charter or by law, each board, commission, or671
706	765		authority of the city shall elect one of its members as chairperson and one member as vice672
707	766		chairperson and may elect as its secretary one of its own members or may appoint as673
708	767		secretary an employee of the city. Each board, commission, or authority of the city674
709	768		government may establish such bylaws, rules, and regulations, not inconsistent with this675
710	769		charter, ordinances of the city, or law, as it deems appropriate and necessary for the676
711	770		fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and677
712	771		regulations shall be filed with the clerk of the city.678
713	772		SECTION 3.12.679
714	773		City attorney.680
715	774		The mayor and council shall appoint a city attorney, together with such assistant city681
716	775		attorneys as may be authorized, and shall provide for the payment of such attorney or682
717	776		attorneys for services rendered to the city. The city attorney shall be responsible for683
718	777		providing for the representation and defense of the city in all litigation in which the city is684
719	778		a party; may be the prosecuting officer in the municipal court; shall attend the meetings of685
720	779		the city council as directed; shall advise the mayor and council and other officers and686
721	780		employees of the city concerning legal aspects of the city's affairs; and shall perform such687
722		-	other duties as may be required by virtue of such person's position as city attorney.688 23 LC 47 2223ERS
	781	+	other duties as may be required by virtue of such person's position as city attorney.688 23 LC 47 2144ER
	782	+	S. B. 114
723	783		- 30 -
724		-	SECTION 3.13.689
	784	+	SECTION 3.13.
	785	+	689
725	786		City clerk.690
726	787		The mayor and council shall appoint a city clerk who shall not be a councilmember. The city691
727	788		clerk shall be custodian of the official city seal and city records; maintain city council records692
728	789		required by this charter; and perform such other duties as may be required by the city693
729	790		council.694
730	791		SECTION 3.14.695
731	792		Position classification and pay plans.696
732	793		The city manager shall be responsible for the preparation of a position classification and pay697
733	794		plan which shall be submitted to the city council for approval. Such plan may apply to all698
734	795		employees of the city and any of its agencies, departments, boards, commissions, or699
735	796		authorities. When a pay plan has been adopted, the city council shall not increase or decrease700
736	797		the salary range applicable to any position except by amendment of such pay plan. For701
737	798		purposes of this section, all elected and appointed city officials are not city employees.702
738	799		SECTION 3.15.703
739	800		Personnel policies.704
740	801		All employees serve at will and may be removed from office at any time unless otherwise705
741		-	provided by ordinance.706 23 LC 47 2223ERS
	802	+	provided by ordinance.706 23 LC 47 2144ER
	803	+	S. B. 114
742	804		- 31 -
743		-	ARTICLE IV.707
	805	+	ARTICLE IV.
	806	+	707
744	807		JUDICIAL BRANCH708
745	808		SECTION 4.10.709
746	809		Creation; name.710
747	810		There shall be a court to be known as the Municipal Court of the City of Buckhead City.711
748	811		SECTION 4.11.712
749	812		Chief judge; associate judge.713
750	813		(a)(1) The municipal court shall be presided over by a chief judge and such part-time,714
751	814		full-time, or standby judges as shall be provided by ordinance.715
752	815		(2) The chief judge shall serve full time.716
753	816		(3) The mayor shall appoint all judges.717
754	817		(4) The terms of appointment for judges shall be the minimum terms required by law.718
755	818		(b) No person shall be qualified or eligible to serve as a judge on the municipal court719
756	819		unless that person shall have attained the age of 21 years and shall be a member of the State720
757	820		Bar of Georgia and shall possess all qualifications required by law. All judges shall be721
758	821		appointed by the city council and shall serve a term as provided by law and until a722
759	822		successor is appointed and qualified.723
760	823		(c) Compensation of the judges shall be fixed by ordinance.724
761	824		(d) Judges may be removed from office as provided by law.725
762	825		(e) Before assuming office, each judge shall take an oath, given by the mayor, that such726
763	826		judge will honestly and faithfully discharge the duties of the judge's office to the best of727
764	827		the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the728
765		-	minutes of the city council journal required in Section 2.19 of this charter.729 23 LC 47 2223ERS
	828	+	minutes of the city council journal required in Section 2.19 of this charter.729 23 LC 47 2144ER
	829	+	S. B. 114
766	830		- 32 -
767		-	SECTION 4.12.730
	831	+	SECTION 4.12.
	832	+	730
768	833		Convening.731
769	834		The municipal court shall be convened at regular intervals as provided by ordinance.732
770	835		SECTION 4.13.733
771	836		Jurisdiction; powers.734
772	837		(a) The municipal court shall try and punish violations of this charter, all city ordinances,735
773	838		and such other violations as provided by law.736
774	839		(b) The municipal court shall have authority to punish those in its presence for contempt,737
775	840		provided that such punishment shall not exceed $200.00 or ten days in jail.738
776	841		(c) The municipal court may fix punishment for offenses within its jurisdiction not739
777	842		exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and740
778	843		imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as741
779	844		now or hereafter provided by law.742
780	845		(d) The municipal court shall have authority to establish a schedule of fees to defray the743
781	846		cost of operation and shall be entitled to reimbursement of the cost of meals, transportation,744
782	847		and caretaking of prisoners bound over to superior courts for violations of state law.745
783	848		(e) The municipal court shall have authority to establish bail and recognizances to ensure746
784	849		the presence of those charged with violations before such court and shall have discretionary747
785	850		authority to accept cash or personal or real property as surety for the appearance of persons748
786	851		charged with violations. Whenever any person shall give bail for that person's appearance749
787	852		and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by750
788	853		the judge presiding at such time and an execution issued thereon by serving the defendant751
789	854		and the defendant's sureties with a rule nisi at least two days before a hearing on the rule752
790		-	nisi. In the event that cash or property is accepted in lieu of bond for security for the753 23 LC 47 2223ERS
	855	+	nisi. In the event that cash or property is accepted in lieu of bond for security for the753 23 LC 47 2144ER
	856	+	S. B. 114
791	857		- 33 -
792		-	appearance of a defendant at trial, and if such defendant fails to appear at the time and754
	858	+	appearance of a defendant at trial, and if such defendant fails to appear at the time and
	859	+	754
793	860		place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited755
794	861		to the city, or the property so deposited shall have a lien against it for the value forfeited756
795	862		which lien shall be enforceable in the same manner and to the same extent as a lien for city757
796	863		property taxes.758
797	864		(f) The municipal court shall have the same authority as superior courts to compel the759
798	865		production of evidence in the possession of any party; to enforce obedience to its orders,760
799	866		judgments, and sentences; and to administer such oaths as are necessary.761
800	867		(g) The municipal court may compel the presence of all parties necessary to a proper762
801	868		disposal of each case by the issuance of summonses, subpoenas, and warrants which may763
802	869		be served as executed by any officer as authorized by this charter or by law.764
803	870		(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest765
804	871		of persons charged with offenses against any ordinance of the city, and each judge of the766
805	872		municipal court shall have the same authority as a magistrate of the state to issue warrants767
806	873		for offenses against state laws committed within the city.768
807	874		SECTION 4.14.769
808	875		Certiorari.770
809	876		The right of certiorari from the decision and judgment of the municipal court shall exist in771
810	877		all criminal cases and ordinance violation cases, and such certiorari shall be obtained under772
811	878		the sanction of a judge of the Superior Court of Fulton County under the laws of the State of773
812		-	Georgia regulating the granting and issuance of writs of certiorari.774 23 LC 47 2223ERS
	879	+	Georgia regulating the granting and issuance of writs of certiorari.774 23 LC 47 2144ER
	880	+	S. B. 114
813	881		- 34 -
814		-	SECTION 4.15.775
	882	+	SECTION 4.15.
	883	+	775
815	884		Rules for court.776
816	885		With the approval of the city council, the judge shall have full power and authority to make777
817	886		reasonable rules and regulations necessary and proper to secure the efficient and successful778
818	887		administration of the municipal court; provided, however, that the city council may adopt in779
819	888		part or in toto the rules and regulations applicable to municipal courts. The rules and780
820	889		regulations made or adopted shall be filed with the city clerk, shall be available for public781
821	890		inspection, and, upon request, a copy shall be furnished to all defendants in municipal court782
822	891		proceedings at least 48 hours prior to such proceedings.783
823	892		ARTICLE V.784
824	893		ELECTIONS AND REMOVAL785
825	894		SECTION 5.10.786
826	895		Applicability of general law.787
827	896		All primaries and elections shall be held and conducted in accordance with Chapter 2 of788
828	897		Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.789
829	898		SECTION 5.11.790
830	899		Regular elections; time for holding.791
831	900		Except as otherwise provided in Article VIII of this charter for the initial elections, there792
832	901		shall be a municipal general election biennially in odd-numbered years on the Tuesday next793
833	902		following the first Monday in November. There shall be elected the mayor and three794
834		-	councilmembers at one election and at every other election thereafter. The remaining three795 23 LC 47 2223ERS
	903	+	councilmembers at one election and at every other election thereafter. The remaining three795 23 LC 47 2144ER
	904	+	S. B. 114
835	905		- 35 -
836		-	councilmember seats shall be filled at the election alternating with the first election so that796
	906	+	councilmember seats shall be filled at the election alternating with the first election so that
	907	+	796
837	908		a continuing body is created.797
838	909		SECTION 5.12.798
839	910		Nonpartisan elections.799
840	911		Political parties shall not conduct primaries for city offices and all names of candidates for800
841	912		city offices shall be listed without party labels.801
842	913		SECTION 5.13.802
843	914		Election by majority.803
844	915		The candidate receiving a majority of the votes cast for any city office shall be elected.804
845	916		SECTION 5.14.805
846	917		Special elections; vacancies.806
847	918		In the event that the office of mayor or councilmember shall become vacant as provided in807
848	919		Section 2.12 of this charter, the city council or those remaining shall order a special election808
849	920		to fill the balance of the unexpired term of such official; provided, however, that, if such809
850	921		vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall810
851	922		appoint a successor for the remainder of the term. In all other respects, the special election811
852	923		shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the812
853		-	"Georgia Election Code," as now or hereafter amended.813 23 LC 47 2223ERS
	924	+	"Georgia Election Code," as now or hereafter amended.813 23 LC 47 2144ER
	925	+	S. B. 114
854	926		- 36 -
855		-	SECTION 5.15.814
	927	+	SECTION 5.15.
	928	+	814
856	929		Other provisions.815
857	930		Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe816
858	931		such rules and regulations as it deems appropriate to fulfill any options and duties under817
859	932		Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."818
860	933		SECTION 5.16.819
861	934		Removal of officers.820
862	935		(a) A councilmember, the mayor, or other appointed officers provided for in this charter821
863	936		shall be removed from office for any one or more of the causes provided in Title 45 of the822
864	937		O.C.G.A. or such other applicable laws as are or may hereafter be enacted.823
865	938		(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished824
866	939		by one of the following methods:825
867	940		(1) Following a hearing at which an impartial panel shall render a decision. In the event826
868	941		an elected officer is sought to be removed by the action of the city council, such officer827
869	942		shall be entitled to a written notice specifying the ground or grounds for removal and to828
870	943		a public hearing which shall be held not less than ten days after the service of such829
871	944		written notice. The city council shall provide by ordinance for the manner in which such830
872	945		hearings shall be held. Any elected officer sought to be removed from office as provided831
873	946		in this section shall have the right of appeal from the decision of the city council to the832
874	947		Superior Court of Fulton County. Such appeal shall be governed by the same rules as833
875	948		govern appeals to the superior court from the probate court; or834
876	949		(2) By an order of the Superior Court of Fulton County following a hearing on a835
877		-	complaint seeking such removal brought by any resident of the City of Buckhead City.836 23 LC 47 2223ERS
	950	+	complaint seeking such removal brought by any resident of the City of Buckhead City.836 23 LC 47 2144ER
	951	+	S. B. 114
878	952		- 37 -
879		-	ARTICLE VI.837
	953	+	ARTICLE VI.
	954	+	837
880	955		FINANCE838
881	956		SECTION 6.10.839
882	957		Property tax.840
883	958		(a) The city council may assess, levy, and collect an ad valorem tax on all real and841
884	959		personal property within the corporate limits of the city that is subject to such taxation by842
885	960		the state and county. This tax is for the purpose of raising revenues to defray the costs of843
886	961		operating the city government, of providing governmental services, for the repayment of844
887	962		principal and interest on general obligations, and for any other public purpose as845
888	963		determined by the city council in its discretion.846
889	964		(b) There shall be assessed, levied, and collected an annual ad valorem tax for the support847
890	965		of public schools and for educational purposes, at the millage rate determined by the board848
891	966		of education of the Atlanta Independent School System, to be billed and collected as other849
892	967		ad valorem taxes are billed and collected in accordance with this charter, the basis for the850
893	968		billing and collection of such tax to be the millage as set forth in an annual written request851
894	969		signed by the president of said board of education together with a certified copy of said852
895	970		board's budget and filed with the governing authority, the format and time of annual filing853
896	971		of such request to be the only action by the governing authority of the city necessary to854
897	972		levy such tax annually. All revenue derived from such school and educational ad valorem855
898	973		tax shall be paid into the treasury of the city and shall be remitted monthly to said board856
899		-	of education free from any charge except the direct cost of collecting such tax.857 23 LC 47 2223ERS
	974	+	of education free from any charge except the direct cost of collecting such tax.857 23 LC 47 2144ER
	975	+	S. B. 114
900	976		- 38 -
901		-	SECTION 6.11.858
	977	+	SECTION 6.11.
	978	+	858
902	979		Millage rate; due dates; payment methods.859
903	980		The city council by ordinance shall establish a millage rate for the city property tax for860
904	981		municipal purposes, a due date, and the time period within which these taxes must be paid,861
905	982		provided that such millage rate shall not exceed 7.85 mills. The city council by ordinance862
906	983		may provide for the payment of these taxes by installments or in one lump sum, as well as863
907	984		authorize the voluntary payment of taxes prior to the time when due. The millage rate cap864
908	985		provided by this section shall not apply to:865
909	986		(1) Any ad valorem taxes levied by the city to repay any bonds issued pursuant to this866
910	987		charter or state law;867
911	988		(2) Any ad valorem taxes levied by the city to repay any obligations of the city of Atlanta868
912	989		that the city assumes pursuant to this charter or by operation of state law; or869
913	990		(3) Any ad valorem taxes for educational purposes levied by the city on behalf the870
914	991		Atlanta Independent School System.871
915	992		SECTION 6.12.872
916	993		Occupation and business taxes.873
917	994		The city council by ordinance shall have the power to levy such occupation or business taxes874
918	995		as are not denied by law. The city council may classify businesses, occupations, or875
919	996		professions for the purpose of such taxation in any way which may be lawful and may876
920		-	compel the payment of such taxes as provided in Section 6.18 of this charter.877 23 LC 47 2223ERS
	997	+	compel the payment of such taxes as provided in Section 6.18 of this charter.877 23 LC 47 2144ER
	998	+	S. B. 114
921	999		- 39 -
922		-	SECTION 6.13.878
	1000	+	SECTION 6.13.
	1001	+	878
923	1002		Licenses; permits; fees.879
924	1003		The city council by ordinance shall have the power to require businesses or practitioners880
925	1004		doing business in this city to obtain a permit for such activity from the city and pay a881
926	1005		regulatory fee for such permit as provided by general law. Such fees shall reflect the total882
927	1006		cost to the city of regulating the activity and, if unpaid, shall be collected as provided in883
928	1007		Section 6.18 of this charter.884
929	1008		SECTION 6.14.885
930	1009		Franchises.886
931	1010		(a) The city council shall have the power to grant franchises for the use of this city's streets887
932	1011		and alleys for the purposes of railroads, street railways, telephone companies, electric888
933	1012		companies, electric membership corporations, cable television and other889
934	1013		telecommunications companies, gas companies, transportation companies, and other890
935	1014		similar organizations. The city council shall determine the duration, terms, whether the891
936	1015		same shall be exclusive or nonexclusive, and the consideration for such franchises;892
937	1016		provided, however, that no franchise shall be granted for a period in excess of 35 years and893
938	1017		no franchise shall be granted unless the city receives just and adequate compensation894
939	1018		therefor. The city council shall provide for the registration of all franchises with the city895
940	1019		clerk in a registration book kept by the city clerk. The city council may provide by896
941	1020		ordinance for the registration within a reasonable time of all franchises previously granted.897
942	1021		(b) If no franchise agreement is in effect, the city council has the authority to impose a tax898
943	1022		on gross receipts for the use of this city's streets and alleys for the purposes of railroads,899
944		-	street railways, telephone companies, electric companies, electric membership900 23 LC 47 2223ERS
	1023	+	street railways, telephone companies, electric companies, electric membership900 23 LC 47 2144ER
	1024	+	S. B. 114
945	1025		- 40 -
946		-	corporations, cable television and other telecommunications companies, gas companies,901
	1026	+	corporations, cable television and other telecommunications companies, gas companies,
	1027	+	901
947	1028		transportation companies, and other similar organizations.902
948	1029		SECTION 6.15.903
949	1030		Service charges.904
950	1031		The city council by ordinance shall have the power to assess and collect fees, charges, and905
951	1032		tolls for services provided or made available within and outside the corporate limits of the906
952	1033		city for the total cost to the city of providing or making available such services. If unpaid,907
953	1034		such charges shall be collected as provided in Section 6.18 of this charter.908
954	1035		SECTION 6.16.909
955	1036		Special assessments.910
956	1037		The city council by ordinance shall have the power to assess and collect the cost of911
957	1038		constructing, reconstructing, widening, or improving any public way, street, sidewalk,912
958	1039		curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property913
959	1040		owners. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.914
960	1041		SECTION 6.17.915
961	1042		Construction; other taxes.916
962	1043		This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,917
963	1044		and the specific mention of any right, power, or authority in this article shall not be construed918
964		-	as limiting in any way the general powers of this city to govern its local affairs.919 23 LC 47 2223ERS
	1045	+	as limiting in any way the general powers of this city to govern its local affairs.919 23 LC 47 2144ER
	1046	+	S. B. 114
965	1047		- 41 -
966		-	SECTION 6.18.920
	1048	+	SECTION 6.18.
	1049	+	920
967	1050		Collection of delinquent taxes and fees.921
968	1051		The city council by ordinance may provide generally for the collection of delinquent taxes,922
969	1052		fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by923
970	1053		whatever reasonable means as are not precluded by law. This shall include providing for the924
971	1054		dates when the taxes or fees are due; late penalties or interest; issuance and execution of925
972	1055		fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the926
973	1056		persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any927
974	1057		city taxes or fees; and providing for the assignment or transfer of tax executions.928
975	1058		SECTION 6.19.929
976	1059		General obligation bonds.930
977	1060		The city council shall have the power to issue bonds for the purpose of raising revenue to931
978	1061		carry out any project, program, or venture authorized under this charter or the laws of the932
979	1062		state. Such bonding authority shall be exercised in accordance with the laws governing bond933
980	1063		issuance by municipalities in effect at the time said issue is undertaken.934
981	1064		SECTION 6.20.935
982	1065		Revenue bonds.936
983	1066		Revenue bonds may be issued by the city council as state law now or hereafter provides.937
984	1067		Such bonds are to be paid out of any revenue produced by the project, program, or venture938
985		-	for which they were issued.939 23 LC 47 2223ERS
	1068	+	for which they were issued.939 23 LC 47 2144ER
	1069	+	S. B. 114
986	1070		- 42 -
987		-	SECTION 6.21.940
	1071	+	SECTION 6.21.
	1072	+	940
988	1073		Short-term loans.941
989	1074		The city may obtain short-term loans and must repay such loans not later than December 31942
990	1075		of each year, unless otherwise provided by law.943
991	1076		SECTION 6.22.944
992	1077		Lease-purchase contracts.945
993	1078		The city may enter into multiyear lease, purchase, or lease-purchase contracts for the946
994	1079		acquisition of goods, materials, real and personal property, services, and supplies, provided947
995	1080		the contract terminates without further obligation on the part of the municipality at the close948
996	1081		of the calendar year in which it was executed and at the close of each succeeding calendar949
997	1082		year for which it may be renewed. Contracts must be executed in accordance with the950
998	1083		requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are951
999	1084		or may hereafter be enacted.952
1000	1085		SECTION 6.23.953
1001	1086		Fiscal year.954
1002	1087		The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the955
1003	1088		budget year and the year for financial accounting and reporting of each and every office,956
1004		-	department, agency, and activity of the city government.957 23 LC 47 2223ERS
	1089	+	department, agency, and activity of the city government.957 23 LC 47 2144ER
	1090	+	S. B. 114
1005	1091		- 43 -
1006		-	SECTION 6.24.958
	1092	+	SECTION 6.24.
	1093	+	958
1007	1094		Budget ordinance.959
1008	1095		The city council shall provide an ordinance on the procedures and requirements for the960
1009	1096		preparation and execution of an annual operating budget, a capital improvement plan, and961
1010	1097		a capital budget, including requirements as to the scope, content, and form of such budgets962
1011	1098		and plans. The city council shall also comply with the budgeting and auditing provisions of963
1012	1099		Chapter 81 of Title 36 of the O.C.G.A.964
1013	1100		SECTION 6.25.965
1014	1101		Operating budget.966
1015	1102		On or before a date fixed by the city council but not later than 60 days prior to the beginning967
1016	1103		of each fiscal year, the city manager shall submit to the city council a proposed operating968
1017	1104		budget for the ensuing fiscal year. The budget shall be accompanied by a message from the969
1018	1105		city manager containing a statement of the general fiscal policies of the city, the important970
1019	1106		features of the budget, explanations of major changes recommended for the next fiscal year,971
1020	1107		a general summary of the budget, and other pertinent comments and information. The972
1021	1108		operating budget and the capital budget provided for in Section 6.29 of this charter, the973
1022	1109		budget message, and all supporting documents shall be filed in the office of the city clerk and974
1023	1110		shall be open to public inspection.975
1024	1111		SECTION 6.26.976
1025	1112		Action by city council on budget.977
1026	1113		(a) The councilmembers may amend the operating budget proposed by the mayor, except978
1027		-	that the budget as finally amended and adopted must provide for all expenditures required979 23 LC 47 2223ERS
	1114	+	that the budget as finally amended and adopted must provide for all expenditures required979 23 LC 47 2144ER
	1115	+	S. B. 114
1028	1116		- 44 -
1029		-	by state law or by other provisions of this charter and for all debt service requirements for980
	1117	+	by state law or by other provisions of this charter and for all debt service requirements for
	1118	+	980
1030	1119		the ensuing fiscal year. The total appropriations from any fund shall not exceed the981
1031	1120		estimated fund balance, reserves, and revenues.982
1032	1121		(b) The city council by ordinance shall adopt the final operating budget for the ensuing983
1033	1122		fiscal year not later than December 15 of each year. If the city council fails to adopt the984
1034	1123		budget by said date, the amounts appropriated for operation for the then current fiscal year985
1035	1124		shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all986
1036	1125		items prorated accordingly, until such time as the city council adopts a budget for the987
1037	1126		ensuing fiscal year. Adoption of the budget shall take the form of an appropriations988
1038	1127		ordinance setting out the estimated revenues in detail by sources and making appropriations989
1039	1128		according to fund and by organizational unit, purpose, or activity as set out in the budget990
1040	1129		preparation ordinance adopted pursuant to Section 6.24 of this charter.991
1041	1130		(c) The amount set out in the adopted operating budget for each organizational unit shall992
1042	1131		constitute the annual appropriation for such, and no expenditure shall be made or993
1043	1132		encumbrance created in excess of the otherwise unencumbered balance of the994
1044	1133		appropriations or allotment thereof to which it is chargeable.995
1045	1134		SECTION 6.27.996
1046	1135		Levy of taxes.997
1047	1136		The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates998
1048	1137		set by such ordinance shall be such that reasonable estimates of revenues from such levy999
1049	1138		shall at least be sufficient, together with other anticipated revenues, fund balances, and1000
1050	1139		applicable reserves, to equal the total amount appropriated for each of the several funds set1001
1051	1140		forth in the annual operating budget for defraying the expenses of the general government1002
1052		-	of this city.1003 23 LC 47 2223ERS
	1141	+	of this city.1003 23 LC 47 2144ER
	1142	+	S. B. 114
1053	1143		- 45 -
1054		-	SECTION 6.28.1004
	1144	+	SECTION 6.28.
	1145	+	1004
1055	1146		Changes in appropriations.1005
1056	1147		The city council by ordinance may make changes in the appropriations contained in the1006
1057	1148		current operating budget at any regular meeting or special or emergency meeting called for1007
1058	1149		such purpose, but any additional appropriations may be made only from an existing1008
1059	1150		unexpended surplus.1009
1060	1151		SECTION 6.29.1010
1061	1152		Capital improvements.1011
1062	1153		(a) On or before the date fixed by the city council, but not later than 60 days prior to the1012
1063	1154		beginning of each fiscal year, the mayor shall submit to the city council a proposed capital1013
1064	1155		improvements plan with a recommended capital budget containing the means of financing1014
1065	1156		the improvements proposed for the ensuing fiscal year. The city council shall have power1015
1066	1157		to accept, with or without amendments, or reject the proposed plan and budget. The city1016
1067	1158		council shall not authorize an expenditure for the construction of any building, structure,1017
1068	1159		work, or improvement unless the appropriations for such project are included in the capital1018
1069	1160		budget, except to meet a public emergency as provided in Section 2.23 of this charter.1019
1070	1161		(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal1020
1071	1162		year not later than December 15 of each year. No appropriation provided for in a prior1021
1072	1163		capital budget shall lapse until the purpose for which the appropriation was made shall1022
1073	1164		have been accomplished or abandoned; provided, however, that the mayor may submit1023
1074	1165		amendments to the capital budget at any time during the fiscal year, accompanied by1024
1075	1166		recommendations. Any such amendments to the capital budget shall become effective only1025
1076		-	upon adoption by ordinance.1026 23 LC 47 2223ERS
	1167	+	upon adoption by ordinance.1026 23 LC 47 2144ER
	1168	+	S. B. 114
1077	1169		- 46 -
1078		-	SECTION 6.30.1027
	1170	+	SECTION 6.30.
	1171	+	1027
1079	1172		Audits.1028
1080	1173		There shall be an annual independent audit of all city accounts, funds, and financial1029
1081	1174		transactions by a certified public accountant selected by the city council. The audit shall be1030
1082	1175		conducted according to generally accepted auditing principles. Any audit of any funds by1031
1083	1176		the state or federal governments may be accepted as satisfying the requirements of this1032
1084	1177		charter. Copies of annual audit reports shall be available at printing costs to the public.1033
1085	1178		SECTION 6.31.1034
1086	1179		Procurement and property management.1035
1087	1180		No contract with the city shall be binding on the city unless:1036
1088	1181		(1) It is in writing;1037
1089	1182		(2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of1038
1090	1183		course, is signed by the city attorney to indicate such drafting or review; and1039
1091	1184		(3) It is made or authorized by the city council and such approval is entered in the city1040
1092	1185		council journal of proceedings pursuant to Section 2.19 of this charter.1041
1093	1186		SECTION 6.32.1042
1094	1187		Purchasing.1043
1095	1188		The city council shall by ordinance prescribe procedures for a system of centralized1044
1096		-	purchasing for the city.1045 23 LC 47 2223ERS
	1189	+	purchasing for the city.1045 23 LC 47 2144ER
	1190	+	S. B. 114
1097	1191		- 47 -
1098		-	SECTION 6.33.1046
	1192	+	SECTION 6.33.
	1193	+	1046
1099	1194		Sale and lease of property.1047
1100	1195		(a) The city council may sell and convey or lease any real or personal property owned or1048
1101	1196		held by the city for governmental or other purposes as now or hereafter provided by law.1049
1102	1197		(b) The city council may quitclaim any rights it may have in property not needed for public1050
1103	1198		purposes upon report by the mayor and adoption of a resolution, both finding that the1051
1104	1199		property is not needed for public or other purposes and that the interest of the city has no1052
1105	1200		readily ascertainable monetary value.1053
1106	1201		(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place1054
1107	1202		of the city a small parcel or tract of land is cut off or separated by such work from a larger1055
1108	1203		tract or boundary of land owned by the city, the city council may authorize the mayor to1056
1109	1204		sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining1057
1110	1205		property owner or owners where such sale and conveyance facilitates the highest and best1058
1111	1206		use of the abutting owner's property. Included in the sales contract shall be a provision for1059
1112	1207		the rights of way of said street, avenue, alley, or public place. Each abutting property1060
1113	1208		owner shall be notified of the availability of the property and given the opportunity to1061
1114	1209		purchase said property under such terms and conditions as set out by ordinance. All deeds1062
1115	1210		and conveyances heretofore and hereafter so executed and delivered shall convey all title1063
1116	1211		and interest the city has in such property, notwithstanding the fact that no public sale after1064
1117	1212		advertisement was or is hereafter made.1065
1118	1213		SECTION 6.34.1066
1119	1214		Apportionment of revenue.1067
1120		-	Except as otherwise agreed pursuant to Chapter 70 of Title 36 of the O.C.G.A.:1068 23 LC 47 2223ERS
	1215	+	Except as otherwise agreed pursuant to Chapter 70 of Title 36 of the O.C.G.A.:1068 23 LC 47 2144ER
	1216	+	S. B. 114
1121	1217		- 48 -
1122		-	(a) For the year 2025, the City of Atlanta's collection of ad valorem taxes shall constitute1069
	1218	+	(a) For the year 2025, the City of Atlanta's collection of ad valorem taxes shall constitute
	1219	+	1069
1123	1220		payment in full for services other than water and sewer services delivered to customers1070
1124	1221		sited within the City of Buckhead City; and1071
1125	1222		(b) The City of Atlanta may retain those fees, assessments, fines, and forfeitures associated1072
1126	1223		with those actual services it provided during the transition period and prior to the takeover1073
1127	1224		of services by the City of Buckhead City; and 1074
1128	1225		(c) Through the end of the transition period and thereafter, the City of Buckhead City shall1075
1129	1226		pay only for the actual cost of services provided by the City of Atlanta. Such services1076
1130	1227		provided after December 30, 2024, shall be subject to an independent audit before1077
1131	1228		payment.1078
1132	1229		ARTICLE VII.1079
1133	1230		GENERAL PROVISIONS1080
1134	1231		SECTION 7.10.1081
1135	1232		Bonds for officials.1082
1136	1233		The officers and employees of this city, both elected and appointed, shall execute such surety1083
1137	1234		or fidelity bonds in such amounts and upon such terms and conditions as the city council1084
1138	1235		shall from time to time require by ordinance or as may be provided by law.1085
1139	1236		SECTION 7.11.1086
1140	1237		Construction and definitions.1087
1141	1238		(a) Section captions in this charter are informative only and are not to be considered as a1088
1142	1239		part thereof.1089
1143		-	(b) The word "shall" is mandatory and the word "may" is permissive.1090 23 LC 47 2223ERS
	1240	+	(b) The word "shall" is mandatory and the word "may" is permissive.1090 23 LC 47 2144ER
	1241	+	S. B. 114
1144	1242		- 49 -
1145		-	(c) The singular shall include the plural, the masculine shall include the feminine, and vice1091
	1243	+	(c) The singular shall include the plural, the masculine shall include the feminine, and vice
	1244	+	1091
1146	1245		versa.1092
1147	1246		ARTICLE VIII.1093
1148	1247		REFERENDUM AND INITIAL ELECTIONS1094
1149	1248		SECTION 8.10.1095
1150	1249		Referendum and initial election.1096
1151	1250		(a) The election superintendent of Fulton County shall call a special election for the1097
1152	1251		purpose of submitting this Act to the qualified voters of the proposed City of Buckhead1098
1153	1252		City for approval or rejection. The superintendent shall set the date of such election for the1099
1154	1253		Tuesday after the first Monday in November, 2024. The superintendent shall issue the call1100
1155	1254		for such election at least 30 days prior to the date thereof. The superintendent shall cause1101
1156	1255		the date and purpose of the election to be published once a week for two weeks1102
1157	1256		immediately preceding the date thereof in the official organ of Fulton County. The ballot1103
1158	1257		shall have written or printed thereon the words:1104
1159	1258		"( ) YES1105
1160	1259		( ) NO1106
1161	1260		Shall the Act incorporating the City of Buckhead City in Fulton County
1162	1261		according to the charter contained in the Act be approved?"
1163		-	All persons desiring to vote for approval of the Act shall vote "Yes," and those persons1107
	1262	+	All persons desiring to vote for approval of the Act shall vote "Yes," and those persons
	1263	+	1107
1164	1264		desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes1108
1165	1265		cast on such question are for approval of the Act, it shall become of full force and effect1109
1166	1266		as provided in Section 8.11 of this charter, otherwise it shall be void and of no force and1110
1167	1267		effect. The initial expense of such election shall be borne by Fulton County. Within two1111
1168	1268		years after the elections if the incorporation is approved, the City of Buckhead City shall1112
1169	1269		reimburse Fulton County for the actual cost of printing and personnel services for such1113
1170		-	election and for the initial election of the mayor and councilmembers pursuant to this1114 23 LC 47 2223ERS
	1270	+	election and for the initial election of the mayor and councilmembers pursuant to this1114 23 LC 47 2144ER
	1271	+	S. B. 114
1171	1272		- 50 -
1172		-	charter. It shall be the duty of the superintendent to hold and conduct such election. It1115
	1273	+	charter. It shall be the duty of the superintendent to hold and conduct such election. It
	1274	+	1115
1173	1275		shall be his or her further duty to certify the result thereof to the Secretary of State.1116
1174	1276		(b) For the purposes of the referendum election provided for in subsection (a) of this1117
1175	1277		section and for the purposes of the special election of the City of Buckhead City to be held1118
1176	1278		on the third Tuesday of March, 2025, the qualified electors of the City of Buckhead City1119
1177	1279		shall be those qualified electors of Fulton County residing within the corporate limits of the1120
1178	1280		City of Buckhead City as described by Appendix A of this charter. At subsequent1121
1179	1281		municipal elections, the qualified electors of the City of Buckhead City shall be determined1122
1180	1282		pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A. known as the "Georgia1123
1181	1283		Election Code."1124
1182	1284		(c) Only for the purposes of holding and conducting the referendum election provided for1125
1183	1285		in subsection (a) of this section and holding the special election of the City of Buckhead1126
1184	1286		City to be held on the third Tuesday of March, 2025, the election superintendent of Fulton1127
1185	1287		County is vested with the powers and duties of the election superintendent of the City of1128
1186	1288		Buckhead City and the powers and duties of the governing authority of the City of1129
1187	1289		Buckhead City.1130
1188	1290		SECTION 8.11.1131
1189	1291		Effective dates and transition.1132
1190	1292		(a) The provisions of this Act necessary for the referendum election provided for in1133
1191	1293		Section 8.10 of this charter shall become effective immediately upon this Act's approval1134
1192		-	by the Governor or upon its becoming law without such approval~~.1135~~
1193		-	~~(b) Those provisions of this~~ Act ~~necessary~~ for the ~~special primary and special election1136~~
1194		-	~~provided for~~ in ~~Section 8.13~~ of ~~this charter shall be effective upon~~ the ~~certification of the1137~~
1195		-	~~results~~ of the ~~referendum election~~ provided for ~~by Section 8.10 of this charter if this Act1138~~
1196		-	~~is approved at such referendum election.1139 23 LC 47 2223ERS~~
	1294	+	by the Governor or upon its becoming law without such approval, provided that an Act1135
	1295	+	amending an Act to provide a new charter for the City of Atlanta, approved April 15, 19961136
	1296	+	(Ga. L. 1996, p. 4469), as amended, is enacted in the 2024 regular session of the General1137
	1297	+	Assembly providing for the deannexation of the territory provided for in Appendix A of1138 23 LC 47 2144ER
	1298	+	S. B. 114
1197	1299		- 51 -
1198		-	(c) Except as provided in Section 8.10 of this charter, the remaining provisions of this Act1140
1199		-	shall become of full force and effect for all purposes at 12:00 Midnight on June 30, 2025,1141
1200		-	except that the initial mayor and councilmembers shall take office immediately following1142
1201		-	their election and by action of a quorum may prior to 12:00 Midnight on June 30, 2025,1143
1202		-	meet and take actions binding on the city.1144
1203		-	(d) A period of time will be needed for an orderly transition of various government1145
1204		-	functions from the City of Atlanta to the City of Buckhead City. Accordingly there shall1146
1205		-	be a transition period beginning on the date the initial mayor and councilmembers take1147
1206		-	office under this charter, and ending at 12:00 Midnight on December 31, 2025. During1148
1207		-	such transition period, all provisions of this charter shall be effective as law, but not all1149
1208		-	provisions of this charter shall be implemented.1150
1209		-	(e) During such transition period, the City of Atlanta shall continue to provide within the1151
1210		-	territorial limits of the City of Buckhead City all government services and functions which1152
1211		-	the City of Atlanta provided in that area during the years 2025 and 2026 and at the same1153
1212		-	actual cost, except to the extent otherwise provided in this section; provided, however, that1154
1213		-	upon at least 60 days' prior written notice to the City of Atlanta by the City of Buckhead1155
1214		-	City, responsibility for any such service or function shall be transferred to the City of1156
1215		-	Buckhead City. For the year 2025, the City of Atlanta's collection of ad valorem taxes1157
1216		-	shall constitute payment in full for services other than water and sewer services delivered1158
1217		-	to customers sited within the City of Buckhead City, and the City of Atlanta may retain1159
1218		-	those fees, assessments, fines, and forfeitures associated with those actual services it1160
1219		-	provided during the transition period and prior to the takeover of services by the City of1161
1220		-	Buckhead City. Through the end of the transition period and thereafter, the City of1162
1221		-	Buckhead City shall pay only for the actual cost of services provided by the City of1163
1222		-	Atlanta. Such services provided after December 30, 2025, shall be subject to an1164
1223		-	independent audit before payment. The City of Buckhead City shall collect taxes, fees,1165 23 LC 47 2223ERS
	1300	+	this Act from the City of Atlanta; if such deannexation Act is not so approved, this Act
	1301	+	1139
	1302	+	shall not become effective and shall be automatically repealed on January 1, 2025.1140
	1303	+	(b) Those provisions of this Act necessary for the special primary and special election1141
	1304	+	provided for in Section 8.13 of this charter shall be effective upon the certification of the1142
	1305	+	results of the referendum election provided for by Section 8.10 of this charter if this Act1143
	1306	+	is approved at such referendum election.1144
	1307	+	(c) Except as provided in Section 8.10 of this charter, the remaining provisions of this Act1145
	1308	+	shall become of full force and effect for all purposes at 12:00 Midnight on June 30, 2025,1146
	1309	+	except that the initial mayor and councilmembers shall take office immediately following1147
	1310	+	their election and by action of a quorum may prior to 12:00 Midnight on June 30, 2025,1148
	1311	+	meet and take actions binding on the city.1149
	1312	+	(d) A period of time will be needed for an orderly transition of various government1150
	1313	+	functions from the City of Atlanta to the City of Buckhead City. Accordingly there shall1151
	1314	+	be a transition period beginning on the date the initial mayor and councilmembers take1152
	1315	+	office under this charter, and ending at 12:00 Midnight on December 31, 2025. During1153
	1316	+	such transition period, all provisions of this charter shall be effective as law, but not all1154
	1317	+	provisions of this charter shall be implemented.1155
	1318	+	(e) During such transition period, the City of Atlanta shall continue to provide within the1156
	1319	+	territorial limits of the City of Buckhead City all government services and functions which1157
	1320	+	the City of Atlanta provided in that area during the years 2023 and 2024 and at the same1158
	1321	+	actual cost, except to the extent otherwise provided in this section; provided, however, that1159
	1322	+	upon at least 60 days' prior written notice to the City of Atlanta by the City of Buckhead1160
	1323	+	City, responsibility for any such service or function shall be transferred to the City of1161
	1324	+	Buckhead City. For the year 2025, the City of Atlanta's collection of ad valorem taxes1162
	1325	+	shall constitute payment in full for services other than water and sewer services delivered1163
	1326	+	to customers sited within the City of Buckhead City, and the City of Atlanta may retain1164
	1327	+	those fees, assessments, fines, and forfeitures associated with those actual services it1165 23 LC 47 2144ER
	1328	+	S. B. 114
1224	1329		- 52 -
1225		-	assessments, fines and forfeitures, and other moneys within the territorial limits of the city1166
1226		-	in the same manner as authorized immediately prior to the effective date of this section.1167
1227		-	(f) During the transition period, the governing authority of the City of Buckhead City:1168
1228		-	(1) Shall hold regular meetings and may hold special meetings as provided in this1169
1229		-	charter;1170
1230		-	(2) May enact ordinances and resolutions as provided in this charter;1171
1231		-	(3) May amend this charter by home rule action as provided by general law;1172
1232		-	(4) May accept gifts and grants;1173
1233		-	(5) May borrow money and incur indebtedness to the extent authorized by this charter1174
1234		-	and general law;1175
1235		-	(6) May levy and collect an ad valorem tax for calendar years 2025 and 2026;1176
1236		-	(7) May establish a fiscal year and budget;1177
1237		-	(8) May create, alter, or abolish departments, boards, offices, commissions, and agencies1178
1238		-	of the city; appoint and remove officers and employees; and exercise all necessary or1179
1239		-	appropriate personnel and management functions; and1180
1240		-	(9) May generally exercise any power granted by this charter or general law, except to1181
1241		-	the extent that a power is specifically and integrally related to the provision of a1182
1242		-	governmental service, function, or responsibility not yet provided or carried out by the1183
1243		-	city.1184
1244		-	(g) Except as otherwise provided in this section, during the transition period, the1185
1245		-	Municipal Court of the City of Buckhead City may exercise its jurisdiction. During the1186
1246		-	transition period, all ordinances of the City of Atlanta on non-transferred services shall be1187
1247		-	applicable within the territorial limits of the City of Buckhead City and the appropriate1188
1248		-	court or courts of the City of Atlanta shall retain jurisdiction to enforce such ordinances.1189
1249		-	However, by mutual agreement and concurrent resolutions and ordinances if needed the1190
1250		-	City of Atlanta and the City of Buckhead City may during the transition period transfer all1191
1251		-	or part of such regulatory authority and the appropriate court jurisdiction to the City of1192 23 LC 47 2223ERS
	1330	+	provided during the transition period and prior to the takeover of services by the City of
	1331	+	1166
	1332	+	Buckhead City. Through the end of the transition period and thereafter, the City of1167
	1333	+	Buckhead City shall pay only for the actual cost of services provided by the City of1168
	1334	+	Atlanta. Such services provided after December 30, 2024, shall be subject to an1169
	1335	+	independent audit before payment. The City of Buckhead City shall collect taxes, fees,1170
	1336	+	assessments, fines and forfeitures, and other moneys within the territorial limits of the city1171
	1337	+	in the same manner as authorized immediately prior to the effective date of this section.1172
	1338	+	(f) During the transition period, the governing authority of the City of Buckhead City:1173
	1339	+	(1) Shall hold regular meetings and may hold special meetings as provided in this1174
	1340	+	charter;1175
	1341	+	(2) May enact ordinances and resolutions as provided in this charter;1176
	1342	+	(3) May amend this charter by home rule action as provided by general law;1177
	1343	+	(4) May accept gifts and grants;1178
	1344	+	(5) May borrow money and incur indebtedness to the extent authorized by this charter1179
	1345	+	and general law;1180
	1346	+	(6) May levy and collect an ad valorem tax for calendar years 2025 and 2026;1181
	1347	+	(7) May establish a fiscal year and budget;1182
	1348	+	(8) May create, alter, or abolish departments, boards, offices, commissions, and agencies1183
	1349	+	of the city; appoint and remove officers and employees; and exercise all necessary or1184
	1350	+	appropriate personnel and management functions; and1185
	1351	+	(9) May generally exercise any power granted by this charter or general law, except to1186
	1352	+	the extent that a power is specifically and integrally related to the provision of a1187
	1353	+	governmental service, function, or responsibility not yet provided or carried out by the1188
	1354	+	city.1189
	1355	+	(g) Except as otherwise provided in this section, during the transition period, the1190
	1356	+	Municipal Court of the City of Buckhead City may exercise its jurisdiction. During the1191
	1357	+	transition period, all ordinances of the City of Atlanta on non-transferred services shall be1192 23 LC 47 2144ER
	1358	+	S. B. 114
1252	1359		- 53 -
1253		-	Buckhead City. Any transfer of jurisdiction to the City of Buckhead City during or at the1193
1254		-	end of the transition period shall not in and of itself abate any judicial proceeding pending1194
1255		-	in the City of Atlanta or the pending prosecution of any violation of any ordinance of the1195
1256		-	City of Atlanta.1196
1257		-	(h) During the transition period, the governing authority of the City of Buckhead City may1197
1258		-	at any time, without the necessity of any agreement by the City of Atlanta, commence to1198
1259		-	exercise its planning and zoning powers; provided, however, that the City of Buckhead1199
1260		-	City shall give the City of Atlanta notice of the date on which the City of Buckhead City1200
1261		-	will assume the exercise of such powers. Upon the governing authority of the City of1201
1262		-	Buckhead City commencing to exercise its planning and zoning powers, the Municipal1202
1263		-	Court of the City of Buckhead City shall immediately have jurisdiction to enforce the1203
1264		-	planning and zoning ordinances of the City of Buckhead City. The provisions of this1204
1265		-	subsection shall control over any conflicting provisions of any other subsection of this1205
1266		-	section.1206
1267		-	(i)(1) To the extent that the City of Atlanta has obligations outstanding under general1207
1268		-	obligation bonds, lease purchase agreements, and intergovernmental contracts executed1208
1269		-	in connection with the issuance of revenue bonds on the effective date of this charter, the1209
1270		-	City of Buckhead City by operation of this charter, to the maximum extent permitted by1210
1271		-	the Georgia Constitution and general law, shall assume a pro rata share of such1211
1272		-	outstanding obligations. 1212
1273		-	(2) The City of Buckhead City by operation of this charter, to the maximum extent1213
1274		-	permitted by the Georgia Constitution and general law, shall also assume a pro rata share1214
1275		-	of any lease purchase obligations and intergovernmental contract obligations outstanding1215
1276		-	on the effective date of this charter if the creation of the City of Buckhead City causes1216
1277		-	the City of Atlanta to lose revenues that had historically been used to pay such1217
1278		-	obligations. 1218 23 LC 47 2223ERS
	1360	+	applicable within the territorial limits of the City of Buckhead City and the appropriate
	1361	+	1193
	1362	+	court or courts of the City of Atlanta shall retain jurisdiction to enforce such ordinances.1194
	1363	+	However, by mutual agreement and concurrent resolutions and ordinances if needed the1195
	1364	+	City of Atlanta and the City of Buckhead City may during the transition period transfer all1196
	1365	+	or part of such regulatory authority and the appropriate court jurisdiction to the City of1197
	1366	+	Buckhead City. Any transfer of jurisdiction to the City of Buckhead City during or at the1198
	1367	+	end of the transition period shall not in and of itself abate any judicial proceeding pending1199
	1368	+	in the City of Atlanta or the pending prosecution of any violation of any ordinance of the1200
	1369	+	City of Atlanta.1201
	1370	+	(h) During the transition period, the governing authority of the City of Buckhead City may1202
	1371	+	at any time, without the necessity of any agreement by the City of Atlanta, commence to1203
	1372	+	exercise its planning and zoning powers; provided, however, that the City of Buckhead1204
	1373	+	City shall give the City of Atlanta notice of the date on which the City of Buckhead City1205
	1374	+	will assume the exercise of such powers. Upon the governing authority of the City of1206
	1375	+	Buckhead City commencing to exercise its planning and zoning powers, the Municipal1207
	1376	+	Court of the City of Buckhead City shall immediately have jurisdiction to enforce the1208
	1377	+	planning and zoning ordinances of the City of Buckhead City. The provisions of this1209
	1378	+	subsection shall control over any conflicting provisions of any other subsection of this1210
	1379	+	section.1211
	1380	+	(i)(1) To the extent that the City of Atlanta has obligations outstanding under general1212
	1381	+	obligation bonds, lease purchase agreements, and intergovernmental contracts executed1213
	1382	+	in connection with the issuance of revenue bonds on the effective date of this charter, the1214
	1383	+	City of Buckhead City by operation of this charter, to the maximum extent permitted by1215
	1384	+	the Georgia Constitution and general law, shall assume a pro rata share of such1216
	1385	+	outstanding obligations. 1217
	1386	+	(2) The City of Buckhead City by operation of this charter, to the maximum extent1218
	1387	+	permitted by the Georgia Constitution and general law, shall also assume a pro rata share1219 23 LC 47 2144ER
	1388	+	S. B. 114
1279	1389		- 54 -
1280		-	~~(3) The City~~ of ~~Buckhead City by operation of this charter,~~ ~~to the maximum extent1219~~
1281		-	~~permitted by the Georgia Constitution and general law, shall also remain contingently1220~~
1282		-	~~obligated~~ on ~~its pro rata share~~ of ~~unassumed lease purchase obligations and1221~~
1283		-	~~intergovernmental contract obligations in~~ the ~~event~~ that ~~the revenues~~ used to pay such1222
1284		-	obligations ~~are insufficient to pay the same.~~1223
1285		-	(4) ~~For the purpose of calculating~~ the City of Buckhead City~~'s pro rata share~~ of ~~any bond1224~~
1286		-	~~obligations provided for in this subsection~~, ~~such share~~ shall ~~be equal to the value of the1225~~
1287		-	~~City~~ of ~~Buckhead City's ad valorem property tax digest for tax year 2026 divided by the1226~~
1288		-	~~value of~~ the ~~City of Atlanta's ad valorem property tax digest for tax year 2025.1227~~
1289		-	~~(5) There is hereby created a special taxing district that shall be coterminous with~~ the ~~city1228~~
1290		-	~~limits~~ of the City of Buckhead City~~, as provided for in Appendix A~~ of ~~this charter. Such1229~~
1291		-	~~special district~~ shall be ~~known as~~ the ~~"Buckhead Taxing District." The City~~ of ~~Buckhead1230~~
1292		-	City ~~shall levy and collect a special~~ tax ~~in the Buckhead Taxing District sufficient to pay1231~~
1293		-	~~its share~~ of the ~~obligations provided~~ for ~~in this subsection~~.1232
1294		-	(j) ~~Effective upon~~ the ~~termination of the transition period, subsections (b) through (h) of1233~~
1295		-	~~this section shall cease to apply except~~ for ~~the last sentence~~ of ~~subsection (g) which shall1234~~
1296		-	~~remain effective.~~ ~~Effective upon~~ the ~~termination of the transition period,~~ the City ~~of1235~~
1297		-	~~Buckhead~~ City shall be a ~~full functioning municipal corporation and subject~~ to ~~all general1236~~
1298		-	~~laws~~ of this ~~state~~.1237
1299		-	~~SECTION 8.12.1238~~
1300		-	~~Directory nature~~ of ~~dates.1239~~
1301		-	~~It is~~ the ~~intention~~ of the ~~General Assembly that this Act be construed as directory rather than1240~~
1302		-	~~mandatory with respect~~ to ~~any date prescribed in this Act. If it is necessary to delay any1241~~
1303		-	~~action called for in~~ this ~~Act for providential cause or any other reason, it is the intention of1242~~
1304		-	~~the General Assembly that the action be delayed rather than abandoned~~. ~~Any delay in1243 23 LC 47 2223ERS~~
	1390	+	of any lease purchase obligations and intergovernmental contract obligations outstanding
	1391	+	1220
	1392	+	on the effective date of this charter if the creation of the City of Buckhead City causes1221
	1393	+	the City of Atlanta to lose revenues that had historically been used to pay such1222
	1394	+	obligations. 1223
	1395	+	(3) The City of Buckhead City by operation of this charter, to the maximum extent1224
	1396	+	permitted by the Georgia Constitution and general law, shall also remain contingently1225
	1397	+	obligated on its pro rata share of unassumed lease purchase obligations and1226
	1398	+	intergovernmental contract obligations in the event that the revenues used to pay such1227
	1399	+	obligations are insufficient to pay the same.1228
	1400	+	(4) For the purpose of calculating the City of Buckhead City's pro rata share of any bond1229
	1401	+	obligations provided for in this subsection, such share shall be equal to the value of the1230
	1402	+	City of Buckhead City's ad valorem property tax digest for tax year 2026 divided by the1231
	1403	+	value of the City of Atlanta's ad valorem property tax digest for tax year 2025.1232
	1404	+	(5) There is hereby created a special taxing district that shall be coterminous with the city1233
	1405	+	limits of the City of Buckhead City, as provided for in Appendix A of this charter. Such1234
	1406	+	special district shall be known as the "Buckhead Taxing District." The City of Buckhead1235
	1407	+	City shall levy and collect a special tax in the Buckhead Taxing District sufficient to pay1236
	1408	+	its share of the obligations provided for in this subsection.1237
	1409	+	(j) Effective upon the termination of the transition period, subsections (b) through (h) of1238
	1410	+	this section shall cease to apply except for the last sentence of subsection (g) which shall1239
	1411	+	remain effective. Effective upon the termination of the transition period, the City of1240
	1412	+	Buckhead City shall be a full functioning municipal corporation and subject to all general1241
	1413	+	laws of this state.1242 23 LC 47 2144ER
	1414	+	S. B. 114
1305	1415		- 55 -
1306		-	performing any action under this Act, whether for cause or otherwise, shall not operate to1244
1307		-	frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is1245
1308		-	specifically provided that:1246
1309		-	(1) If it is not possible to hold the referendum election provided for in Section 8.10 of1247
1310		-	this charter on the date specified in that section, then such referendum shall be held as1248
1311		-	soon thereafter as is reasonably practicable; and1249
1312		-	(2) If it is not possible to hold the first election provided for in Section 8.13 of this1250
1313		-	charter on the date specified in that section, then there shall be a special primary and a1251
1314		-	special election for the initial members of the governing authority to be held as soon1252
1315		-	thereafter as is reasonably practicable, and the commencement of the initial terms of1253
1316		-	office shall be delayed accordingly.1254
1317		-	SECTION 8.13.1255
1318		-	Special election.1256
1319		-	(a) The first election for mayor and councilmembers shall be a special election held on the1257
1320		-	third Tuesday of March, 2025. At such election, the first mayor and councilmembers shall1258
1321		-	be elected to serve for the initial terms of office specified in subsections (b) and (c) of this1259
1322		-	section. Thereafter, the time for holding regular municipal elections shall be on the1260
1323		-	Tuesday next following the first Monday in November of each odd-numbered year1261
1324		-	beginning in 2025. The successors to the first mayor and initial councilmembers and future1262
1325		-	successors shall take office at the first organizational meeting in January immediately1263
1326		-	following their election and shall serve for terms of four years and until their respective1264
1327		-	successors are elected and qualified.1265
1328		-	(b) Three initial councilmembers shall serve a term of office of two years and until their1266
1329		-	respective successors are elected and qualified. The other three initial councilmembers1267
1330		-	shall serve a term of office of four years and until their respective successors are elected1268 23 LC 47 2223ERS
	1416	+	SECTION 8.12.
	1417	+	1243
	1418	+	Directory nature of dates.1244
	1419	+	It is the intention of the General Assembly that this Act be construed as directory rather than1245
	1420	+	mandatory with respect to any date prescribed in this Act. If it is necessary to delay any1246
	1421	+	action called for in this Act for providential cause or any other reason, it is the intention of1247
	1422	+	the General Assembly that the action be delayed rather than abandoned. Any delay in1248
	1423	+	performing any action under this Act, whether for cause or otherwise, shall not operate to1249
	1424	+	frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is1250
	1425	+	specifically provided that:1251
	1426	+	(1) If it is not possible to hold the referendum election provided for in Section 8.10 of1252
	1427	+	this charter on the date specified in that section, then such referendum shall be held as1253
	1428	+	soon thereafter as is reasonably practicable; and1254
	1429	+	(2) If it is not possible to hold the first election provided for in Section 8.13 of this1255
	1430	+	charter on the date specified in that section, then there shall be a special primary and a1256
	1431	+	special election for the initial members of the governing authority to be held as soon1257
	1432	+	thereafter as is reasonably practicable, and the commencement of the initial terms of1258
	1433	+	office shall be delayed accordingly.1259
	1434	+	SECTION 8.13.1260
	1435	+	Special election.1261
	1436	+	(a) The first election for mayor and councilmembers shall be a special election held on the1262
	1437	+	third Tuesday of March, 2025. At such election, the first mayor and councilmembers shall1263
	1438	+	be elected to serve for the initial terms of office specified in subsections (b) and (c) of this1264
	1439	+	section. Thereafter, the time for holding regular municipal elections shall be on the1265
	1440	+	Tuesday next following the first Monday in November of each odd-numbered year1266 23 LC 47 2144ER
	1441	+	S. B. 114
1331	1442		- 56 -
1332		-	and qualified. Thereafter, successors to such initial members shall serve four-year terms1269
1333		-	of office and until their respective successors are elected and qualified.1270
1334		-	(c) The mayor of the City of Buckhead City shall be elected by a majority vote of the1271
1335		-	qualified electors of the city at large. The mayor shall serve a term of four years and until1272
1336		-	his or her successor is elected and qualified and successors to the mayor shall serve1273
1337		-	four-year terms of office and until their successors are elected and qualified.1274
1338		-	ARTICLE IX.1275
1339		-	GENERAL REPEALER1276
1340		-	SECTION 9.10.1277
1341		-	General repealer.1278
1342		-	All laws and parts of laws in conflict with this Act are repealed.1279 23 LC 47 2223ERS
	1443	+	beginning in 2025. The successors to the first mayor and initial councilmembers and future
	1444	+	1267
	1445	+	successors shall take office at the first organizational meeting in January immediately1268
	1446	+	following their election and shall serve for terms of four years and until their respective1269
	1447	+	successors are elected and qualified.1270
	1448	+	(b) Three initial councilmembers shall serve a term of office of two years and until their1271
	1449	+	respective successors are elected and qualified. The other three initial councilmembers1272
	1450	+	shall serve a term of office of four years and until their respective successors are elected1273
	1451	+	and qualified. Thereafter, successors to such initial members shall serve four-year terms1274
	1452	+	of office and until their respective successors are elected and qualified.1275
	1453	+	(c) The mayor of the City of Buckhead City shall be elected by a majority vote of the1276
	1454	+	qualified electors of the city at large. The mayor shall serve a term of four years and until1277
	1455	+	his or her successor is elected and qualified and successors to the mayor shall serve1278
	1456	+	four-year terms of office and until their successors are elected and qualified.1279
	1457	+	ARTICLE IX.1280
	1458	+	GENERAL REPEALER1281
	1459	+	SECTION 9.10.1282
	1460	+	General repealer.1283
	1461	+	All laws and parts of laws in conflict with this Act are repealed.1284 23 LC 47 2144ER
	1462	+	S. B. 114
1343	1463		- 57 -
1344		-	APPENDIX A1280
1345		-	LEGAL DESCRIPTION1281
1346		-	CITY OF BUCKHEAD CITY, GEORGIA1282
1347		-	User: SD053 1283
1348		-	Plan Name: BuckheadCity-Corp-2022 1284
1349		-	Plan Type: Local 1285
1350		-	District BUCKHEADCITY1286
1351		-	County Fulton GA 1287
1352		-	VTD 06I1288
1353		-	VTD 06N1289
1354		-	VTD 06Q1290
1355		-	VTD 07A1291
1356		-	VTD 07B1292
1357		-	VTD 07C1293
1358		-	VTD 07D1294
1359		-	VTD 07E1295
1360		-	VTD 07F1296
1361		-	VTD 07H1297
1362		-	VTD 07J1298
1363		-	VTD 07M1299
1364		-	VTD 07N1300
1365		-	VTD 08A1301
1366		-	VTD 08B1302 23 LC 47 2223ERS
	1464	+	APPENDIX A
	1465	+	1285
	1466	+	LEGAL DESCRIPTION1286
	1467	+	CITY OF BUCKHEAD CITY, GEORGIA1287
	1468	+	User: SD053 1288
	1469	+	Plan Name: BuckheadCity-Corp-2022 1289
	1470	+	Plan Type: Local 1290
	1471	+	District BUCKHEADCITY1291
	1472	+	County Fulton GA 1292
	1473	+	VTD 06I1293
	1474	+	VTD 06N1294
	1475	+	VTD 06Q1295
	1476	+	VTD 07A1296
	1477	+	VTD 07B1297
	1478	+	VTD 07C1298
	1479	+	VTD 07D1299
	1480	+	VTD 07E1300
	1481	+	VTD 07F1301
	1482	+	VTD 07H1302
	1483	+	VTD 07J1303
	1484	+	VTD 07M1304
	1485	+	VTD 07N1305
	1486	+	VTD 08A1306
	1487	+	VTD 08B1307 23 LC 47 2144ER
	1488	+	S. B. 114
1367	1489		- 58 -
1368		-	VTD 08C1303
1369		-	VTD 08D1304
1370		-	VTD 08E1305
1371		-	VTD 08F11306
1372		-	VTD 08F21307
1373		-	VTD 08G1308
1374		-	VTD 08H1309
1375		-	VTD 08J1310
1376		-	VTD 08K1311
1377		-	VTD 08L1312
1378		-	VTD 08M1313
1379		-	VTD 08N11314
1380		-	VTD 08N21315
1381		-	VTD 09A1316
1382		-	Block 008906: 1317
1383		-	2004 2007 2009 1318
1384		-	VTD 09F1319
1385		-	For the purposes of such plan, BuckheadCity-Corp-2022:1320
1386		-	(1) The term "VTD" shall mean and describe the same geographical boundaries as1321
1387		-	provided in the report of the Bureau of the Census for the United States decennial census1322
1388		-	of 2020 for the State of Georgia. The separate numeric designations in a district1323
1389		-	description which are underneath a "VTD" heading shall mean and describe individual1324
1390		-	blocks within a VTD as provided in the report of the Bureau of the Census for the United1325
1391		-	States decennial census of 2020 for the State of Georgia; and1326
1392		-	(2) Except as otherwise provided in the description of any district, whenever the1327
1393		-	description of any district refers to a named city, it shall mean the geographical1328 23 LC 47 2223ERS
	1490	+	VTD 08C
	1491	+	1308
	1492	+	VTD 08D1309
	1493	+	VTD 08E1310
	1494	+	VTD 08F11311
	1495	+	VTD 08F21312
	1496	+	VTD 08G1313
	1497	+	VTD 08H1314
	1498	+	VTD 08J1315
	1499	+	VTD 08K1316
	1500	+	VTD 08L1317
	1501	+	VTD 08M1318
	1502	+	VTD 08N11319
	1503	+	VTD 08N21320
	1504	+	VTD 09A1321
	1505	+	Block 008906: 1322
	1506	+	2004 2007 2009 1323
	1507	+	VTD 09F1324
	1508	+	For the purposes of such plan, BuckheadCity-Corp-2022:1325
	1509	+	(1) The term "VTD" shall mean and describe the same geographical boundaries as1326
	1510	+	provided in the report of the Bureau of the Census for the United States decennial census1327
	1511	+	of 2020 for the State of Georgia. The separate numeric designations in a district1328
	1512	+	description which are underneath a "VTD" heading shall mean and describe individual1329
	1513	+	blocks within a VTD as provided in the report of the Bureau of the Census for the United1330
	1514	+	States decennial census of 2020 for the State of Georgia; and1331
	1515	+	(2) Except as otherwise provided in the description of any district, whenever the1332
	1516	+	description of any district refers to a named city, it shall mean the geographical1333 23 LC 47 2144ER
	1517	+	S. B. 114
1394	1518		- 59 -
1395		-	boundaries of that city as shown on the census maps for the United States decennial1329
1396		-	census of 2020 for the State of Georgia.1330 23 LC 47 2223ERS
	1519	+	boundaries of that city as shown on the census maps for the United States decennial
	1520	+	1334
	1521	+	census of 2020 for the State of Georgia.1335 23 LC 47 2144ER
	1522	+	S. B. 114
1397	1523		- 60 -
1398		-	APPENDIX B1331
1399		-	User: SD053 1332
1400		-	Plan Name: BuckheadCity-Districts-2022 1333
1401		-	Plan Type: Local 1334
1402		-	District 0011335
1403		-	County Fulton GA 1336
1404		-	VTD 07D1337
1405		-	Block 009601: 1338
1406		-	2000 2001 2002 2003 2004 2005 2006 1339
1407		-	VTD 08A1340
1408		-	VTD 08B1341
1409		-	VTD 08C1342
1410		-	VTD 08D1343
1411		-	VTD 08F11344
1412		-	Block 009803: 1345
1413		-	1010 1346
1414		-	Block 009900: 1347
1415		-	2007 2009 2010 2011 2012 1348
1416		-	VTD 08M1349
1417		-	Block 009504: 1350
1418		-	1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 10111351
1419		-	1012 1013 1014 1015 1016 1352
1420		-	VTD 08N11353
1421		-	District 0021354
1422		-	County Fulton GA 1355 23 LC 47 2223ERS
	1524	+	APPENDIX B
	1525	+	1336
	1526	+	User: SD053 1337
	1527	+	Plan Name: BuckheadCity-Districts-2022 1338
	1528	+	Plan Type: Local 1339
	1529	+	District 0011340
	1530	+	County Fulton GA 1341
	1531	+	VTD 07D1342
	1532	+	Block 009601: 1343
	1533	+	2000 2001 2002 2003 2004 2005 2006 1344
	1534	+	VTD 08A1345
	1535	+	VTD 08B1346
	1536	+	VTD 08C1347
	1537	+	VTD 08D1348
	1538	+	VTD 08F11349
	1539	+	Block 009803: 1350
	1540	+	1010 1351
	1541	+	Block 009900: 1352
	1542	+	2007 2009 2010 2011 2012 1353
	1543	+	VTD 08M1354
	1544	+	Block 009504: 1355
	1545	+	1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 10111356
	1546	+	1012 1013 1014 1015 1016 1357
	1547	+	VTD 08N11358
	1548	+	District 0021359
	1549	+	County Fulton GA 1360 23 LC 47 2144ER
	1550	+	S. B. 114
1423	1551		- 61 -
1424		-	VTD 07A1356
1425		-	VTD 07B1357
1426		-	VTD 07C1358
1427		-	Block 009410: 1359
1428		-	2000 1360
1429		-	Block 009607: 1361
1430		-	1000 1001 1002 3000 3003 3004 3005 1362
1431		-	Block 010007: 1363
1432		-	1003 1004 1005 1008 1009 1010 1011 1012 1013 2000 2001 20061364
1433		-	2007 1365
1434		-	District 0031366
1435		-	County Fulton GA 1367
1436		-	VTD 06I1368
1437		-	VTD 06Q1369
1438		-	VTD 07E1370
1439		-	VTD 07F1371
1440		-	Block 009409: 1372
1441		-	2004 2008 1373
1442		-	Block 009606: 1374
1443		-	1007 1008 1009 1010 1011 1014 1018 1022 1375
1444		-	VTD 07M1376
1445		-	VTD 07N1377
1446		-	District 0041378
1447		-	County Fulton GA 1379
1448		-	VTD 07C1380 23 LC 47 2223ERS
	1552	+	VTD 07A
	1553	+	1361
	1554	+	VTD 07B1362
	1555	+	VTD 07C1363
	1556	+	Block 009410: 1364
	1557	+	2000 1365
	1558	+	Block 009607: 1366
	1559	+	1000 1001 1002 3000 3003 3004 3005 1367
	1560	+	Block 010007: 1368
	1561	+	1003 1004 1005 1008 1009 1010 1011 1012 1013 2000 2001 20061369
	1562	+	2007 1370
	1563	+	District 0031371
	1564	+	County Fulton GA 1372
	1565	+	VTD 06I1373
	1566	+	VTD 06Q1374
	1567	+	VTD 07E1375
	1568	+	VTD 07F1376
	1569	+	Block 009409: 1377
	1570	+	2004 2008 1378
	1571	+	Block 009606: 1379
	1572	+	1007 1008 1009 1010 1011 1014 1018 1022 1380
	1573	+	VTD 07M1381
	1574	+	VTD 07N1382
	1575	+	District 0041383
	1576	+	County Fulton GA 1384
	1577	+	VTD 07C1385 23 LC 47 2144ER
	1578	+	S. B. 114
1449	1579		- 62 -
1450		-	Block 009410: 1381
1451		-	1003 1382
1452		-	Block 009606: 1383
1453		-	1000 1001 1005 1006 1384
1454		-	Block 009607: 1385
1455		-	2000 2001 2002 2003 3001 3002 3006 3007 1386
1456		-	VTD 07D1387
1457		-	Block 009409: 1388
1458		-	2000 2001 1389
1459		-	Block 009601: 1390
1460		-	1000 1001 1002 1003 1004 1005 1391
1461		-	Block 009605: 1392
1462		-	1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 30001393
1463		-	3001 3002 3003 3004 1394
1464		-	Block 009606: 1395
1465		-	1002 1003 1004 1012 1013 1015 1016 1017 1019 1020 1021 1396
1466		-	VTD 07F1397
1467		-	Block 009302: 1398
1468		-	1000 1399
1469		-	Block 009604: 1400
1470		-	1000 1001 1002 2000 2001 2002 3000 3001 3002 3003 3004 30051401
1471		-	3006 3007 3008 3009 3010 4000 4001 4002 4003 4004 4005 1402
1472		-	VTD 07H1403
1473		-	Block 009301: 1404
1474		-	2000 2009 2010 2011 2012 2013 2014 1405
1475		-	Block 009302: 1406
1476		-	1001 1002 1003 1004 1005 1006 1007 1407 23 LC 47 2223ERS
	1580	+	Block 009410:
	1581	+	1386
	1582	+	1003 1387
	1583	+	Block 009606: 1388
	1584	+	1000 1001 1005 1006 1389
	1585	+	Block 009607: 1390
	1586	+	2000 2001 2002 2003 3001 3002 3006 3007 1391
	1587	+	VTD 07D1392
	1588	+	Block 009409: 1393
	1589	+	2000 2001 1394
	1590	+	Block 009601: 1395
	1591	+	1000 1001 1002 1003 1004 1005 1396
	1592	+	Block 009605: 1397
	1593	+	1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 30001398
	1594	+	3001 3002 3003 3004 1399
	1595	+	Block 009606: 1400
	1596	+	1002 1003 1004 1012 1013 1015 1016 1017 1019 1020 1021 1401
	1597	+	VTD 07F1402
	1598	+	Block 009302: 1403
	1599	+	1000 1404
	1600	+	Block 009604: 1405
	1601	+	1000 1001 1002 2000 2001 2002 3000 3001 3002 3003 3004 30051406
	1602	+	3006 3007 3008 3009 3010 4000 4001 4002 4003 4004 4005 1407
	1603	+	VTD 07H1408
	1604	+	Block 009301: 1409
	1605	+	2000 2009 2010 2011 2012 2013 2014 1410
	1606	+	Block 009302: 1411
	1607	+	1001 1002 1003 1004 1005 1006 1007 1412 23 LC 47 2144ER
	1608	+	S. B. 114
1477	1609		- 63 -
1478		-	VTD 08G1408
1479		-	VTD 08M1409
1480		-	Block 009501: 1410
1481		-	2000 2001 2002 2003 2004 2007 2011 2012 2013 2014 1411
1482		-	Block 009504: 1412
1483		-	2000 1413
1484		-	District 0051414
1485		-	County Fulton GA 1415
1486		-	VTD 06N1416
1487		-	VTD 07H1417
1488		-	Block 009301: 1418
1489		-	1002 2001 2002 2003 2004 2005 2006 2007 2008 1419
1490		-	VTD 07J1420
1491		-	VTD 08H1421
1492		-	VTD 08K1422
1493		-	VTD 08L1423
1494		-	District 0061424
1495		-	County Fulton GA 1425
1496		-	VTD 08E1426
1497		-	VTD 08F11427
1498		-	Block 009804: 1428
1499		-	1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 10111429
1500		-	1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 20001430
1501		-	2001 2002 2003 2004 1431
1502		-	VTD 08F21432 23 LC 47 2223ERS
	1610	+	VTD 08G
	1611	+	1413
	1612	+	VTD 08M1414
	1613	+	Block 009501: 1415
	1614	+	2000 2001 2002 2003 2004 2007 2011 2012 2013 2014 1416
	1615	+	Block 009504: 1417
	1616	+	2000 1418
	1617	+	District 0051419
	1618	+	County Fulton GA 1420
	1619	+	VTD 06N1421
	1620	+	VTD 07H1422
	1621	+	Block 009301: 1423
	1622	+	1002 2001 2002 2003 2004 2005 2006 2007 2008 1424
	1623	+	VTD 07J1425
	1624	+	VTD 08H1426
	1625	+	VTD 08K1427
	1626	+	VTD 08L1428
	1627	+	District 0061429
	1628	+	County Fulton GA 1430
	1629	+	VTD 08E1431
	1630	+	VTD 08F11432
	1631	+	Block 009804: 1433
	1632	+	1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 10111434
	1633	+	1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 20001435
	1634	+	2001 2002 2003 2004 1436
	1635	+	VTD 08F21437 23 LC 47 2144ER
	1636	+	S. B. 114
1503	1637		- 64 -
1504		-	VTD 08J1433
1505		-	VTD 08N21434
1506		-	VTD 09A1435
1507		-	Block 008906: 1436
1508		-	2004 2007 2009 1437
1509		-	VTD 09F1438 23 LC 47 2223ERS
	1638	+	VTD 08J
	1639	+	1438
	1640	+	VTD 08N21439
	1641	+	VTD 09A1440
	1642	+	Block 008906: 1441
	1643	+	2004 2007 2009 1442
	1644	+	VTD 09F1443 23 LC 47 2144ER
	1645	+	S. B. 114
1510	1646		- 65 -
1511		-	APPENDIX C1439
1512		-	CERTIFICATE AS TO MINIMUM STANDARDS1440
1513		-	FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION1441
1514		-	I, Senator Randy Robertson, Georgia State Senate from the 29th District and the author of1442
1515		-	this bill introduced at the 2023 session of the General Assembly of Georgia, which grants an1443
1516		-	original municipal charter to the City of Buckhead City, do hereby certify that this bill is in1444
1517		-	compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A.1445
1518		-	in that the area embraced within the original incorporation in this bill is in all respects in1446
1519		-	compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A.1447
1520		-	This certificate is executed to conform to the requirements of Code Section 36-31-5 of the1448
1521		-	O.C.G.A.1449
1522		-	So certified this ___________ day of ________________, 2023.1450
1523		-	________________________________1451
1524		-	1452
1525		-	Honorable Randy Robertson1453
1526		-	Senator, 29th District1454
1527		-	Georgia State Senate1455
	1647	+	APPENDIX C
	1648	+	1444
	1649	+	CERTIFICATE AS TO MINIMUM STANDARDS1445
	1650	+	FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION1446
	1651	+	I, Senator Randy Robertson, Georgia State Senate from the 29th District and the author of1447
	1652	+	this bill introduced at the 2023 session of the General Assembly of Georgia, which grants an1448
	1653	+	original municipal charter to the City of Buckhead City, do hereby certify that this bill is in1449
	1654	+	compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A.1450
	1655	+	in that the area embraced within the original incorporation in this bill is in all respects in1451
	1656	+	compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A.1452
	1657	+	This certificate is executed to conform to the requirements of Code Section 36-31-5 of the1453
	1658	+	O.C.G.A.1454
	1659	+	So certified this ___________ day of ________________, 2023.1455
	1660	+	________________________________1456
	1661	+	1457
	1662	+	Honorable Randy Robertson1458
	1663	+	Senator, 29th District1459
	1664	+	Georgia State Senate1460