25 LC 61 0241
House Bill 877
By: Representatives Jackson of the 68
th
, Bazemore of the 69
th
, Bonner of the 73
rd
, and
Mathiak of the 82
nd
A BILL TO BE ENTITLED
AN ACT
To provide a new charter for the City of Fayetteville; to provide for incorporation,
1
boundaries, and powers of the city; to provide for the exercise of powers and limitations on2
powers; to provide for a governing authority of such city and the powers, duties, authority,3
prohibitions, elections, terms, removal from office, method of filling vacancies,4
compensation, expenses, and qualifications; to provide for conflict of interest and holding5
other offices; to provide for inquiries and investigations; to provide for organization and6
meeting procedures; to provide for ordinances; to provide for eminent domain; to provide for7
codes; to provide for the office of mayor and certain duties and powers relative to the office8
of mayor; to provide for a mayor pro tempore; to provide for a city manager; to provide for9
administrative responsibilities; to provide for boards, commissions, and authorities; to10
provide for a city attorney, city clerk, and other personnel; to provide for the establishment11
of a municipal court and the judge or judges thereof; to provide for practices and procedures;12
to provide for taxation, permits, and fees; to provide for franchises, service charges, and13
assessments; to provide for bonded and other indebtedness; to provide for accounting and14
budgeting; to provide for contracting and purchasing; to provide for sale of city property; to15
provide for bonds for officials; to provide for pending matters; to provide for definitions and16
construction; to provide for severability; to provide for related matters; to repeal specific17
Acts; to repeal conflicting laws; and for other purposes.18
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
19
ARTICLE I20
INCORPORATION AND POWERS21
SECTION 1.1.22
Reincorporation.23
The City of Fayetteville, in Fayette County, and the inhabitants thereof, are reincorporated24
by the enactment of this charter and are hereby constituted and declared a body politic and25
corporate under the name and style of the City of Fayetteville, Georgia, and by that name26
shall have perpetual succession.27
SECTION 1.2.28
Corporate boundaries.29
(a) The corporate boundaries of this city shall be those existing on the effective date of the30
adoption of this charter with such alterations as may be made from time to time in the31
manner provided by law. The boundaries of this city at all times shall be shown on a map,32
a written description, or any combination thereof, to be retained permanently in the office of33
the city clerk and to be designated, as the case may be: "Official Map (or Description) of the34
corporate limits of the City of Fayetteville, Georgia, in Fayette County, Georgia."35
Photographic, typed, or other copies of such map or description certified by the city clerk36
shall be admitted as evidence in all courts and shall have the same force and effect as with37
the original map or description.38
(b) All future alterations of said map or description, as directed by the council to reflect39
lawful changes in the corporate boundaries, shall be signed by the mayor and city clerk. A40
redrawn map or description shall supersede, for all purposes, the entire map or maps and41
description or descriptions which it is designated to replace.42
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SECTION 1.3.
43
General powers and construction.44
(a) This city shall have all powers possible for a municipality to have under the present or45
future Constitution and laws of this state as fully and completely as though they were46
specifically enumerated in this charter. This city shall have all the powers of47
self-government not otherwise prohibited by this charter or by general law.48
(b) The powers of this city shall be construed liberally in favor of the city. The specific49
mention or failure to mention particular powers shall not be construed as limiting in any way50
the powers of this city.51
SECTION 1.4.52
Examples of powers.53
(a) Animal Regulations. To regulate and license or to prohibit the keeping or running54
at-large of animals and fowl, and to provide for the impoundment of same if in violation of55
any ordinance or lawful order; to provide for the disposition by sale, gift or humane56
destruction of animals and fowl when not redeemed as provided by ordinance; and to provide57
punishment for violation of ordinances enacted hereunder;58
(b) Appropriations and Expenditures. To make appropriations for the support of the59
government of the city; to authorize the expenditure of money for any purposes authorized60
by this charter and for any purpose for which a municipality is authorized by the laws of the61
State of Georgia; and to provide for the payment of expenses of the city;62
(c) Building Regulation. To regulate and to license the erection and construction of63
buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical,64
gas, and heating and air conditioning codes; and to regulate all housing, and building trades;65
(d) Business Regulation and Taxation. To levy and to provide for the collection of66
regulatory fees and taxes on privileges, occupations, trades and professions as authorized by67
Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or68
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may hereafter be enacted; to permit and regulate the same; to provide for the manner and
69
method of payment of such regulatory fees and taxes; and to revoke such permits after due70
process for failure to pay any city taxes or fees;71
(e) Condemnation. To condemn property, inside or outside the corporate limits of the city,72
for present or future use and for any corporate purpose deemed necessary by the governing73
authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia74
Annotated, or such other applicable laws as are or may hereafter be enacted;75
(f) Contracts. To enter into contracts and agreements with other governmental entities and76
with private persons, firms and corporations;77
(g) Emergencies. To establish procedures for determining and proclaiming that an78
emergency situation exists within or without the city, and to make and carry out all79
reasonable provisions deemed necessary to deal with or meet such an emergency for the80
protection, safety, health or well-being of the citizens of the city;81
(h) Environmental Protection. To protect and preserve the natural resources, environment82
and vital areas of the city, the region, and the state through the preservation and improvement83
of air quality, the restoration and maintenance of water resources, the control of erosion and84
sedimentation, the management of stormwater and establishment of a stormwater utility, the85
management of solid and hazardous waste, and other necessary actions for the protection of86
the environment;87
(i) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge88
or restrict the same; to prescribe fire safety regulations not inconsistent with general law,89
relating to both fire prevention and detection and to fire fighting; and to prescribe penalties90
and punishment for violations thereof;91
(j) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and92
disposal, and other sanitary service charge, tax, or fee for such services as may be necessary93
in the operation of the city from all individuals, firms, and corporations residing in or doing94
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business therein benefitting from such services; to enforce the payment of such charges, taxes
95
or fees; and to provide for the manner and method of collecting such service charges;96
(k) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice,97
conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and98
safety of the inhabitants of the city, and to provide for the enforcement of such standards;99
(l) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any100
purpose related to powers and duties of the city and the general welfare of its citizens, on101
such terms and conditions as the donor or grantor may impose;102
(m) Health and Sanitation. To prescribe standards of health and sanitation and to provide103
for the enforcement of such standards;104
(n) Jail Sentences. To provide that persons given jail sentences in the city's court may work105
out such sentences in any public works or on the streets, roads, drains and other public106
property in the city, to provide for commitment of such persons to any jail, to provide for the107
use of pretrial diversion and any alternative sentencing allowed by law, or to provide for108
commitment of such persons to any county work camp or county jail by agreement with the109
appropriate county officials;110
(o) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over111
all traffic, including parking upon or across the streets, roads, alleys and walkways of the112
city;113
(p) Municipal Agencies and Delegation of Power. To create, alter or abolish departments,114
boards, offices, commissions and agencies of the city, and to confer upon such agencies the115
necessary and appropriate authority for carrying out all the powers conferred upon or116
delegated to the same;117
(q) Municipal Debts. To appropriate and borrow money for the payment of debts of the city118
and to issue bonds for the purpose of raising revenue to carry out any project, program or119
venture authorized by this charter or the laws of the State of Georgia;120
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(r) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or
121
otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or122
outside the property limits of the city;123
(s) Municipal Property Protection. To provide for the preservation and protection of124
property and equipment of the city, and the administration and use of same by the public; and125
to prescribe penalties and punishment for violations thereof;126
(t) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of127
public utilities, including but not limited to a system of waterworks, sewers and drains,128
sewage disposal, stormwater management, gas works, electric light plants, cable television129
and other telecommunications, transportation facilities, public airports, and any other public130
utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties,131
and to provide for the withdrawal of service for refusal or failure to pay the same;132
(u) Nuisance. To define a nuisance and provide for its abatement whether on public or133
private property;134
(v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the135
authority of this charter and the laws of the State of Georgia;136
(w) Planning and Zoning. To provide comprehensive city planning for development by137
zoning; and to provide subdivision regulation and the like as the city council deems138
necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;139
(x) Police and Fire Protection. To exercise the power of arrest through duly appointed140
police officers, and to establish, operate, or contract for a police and a firefighting agency;141
(y) Public Hazards: Removal. To provide for the destruction and removal of any building142
or other structure which is or may become dangerous or detrimental to the public;143
(z) Public Improvements. To provide for the acquisition, construction, building, operation144
and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries,145
markets and market houses, public buildings, libraries, public housing, airports, hospitals,146
terminals, docks, parking facilities, or charitable, cultural, educational, recreational,147
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conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies
148
and facilities; and to provide any other public improvements, inside or outside the corporate149
limits of the city; to regulate the use of public improvements; and for such purposes, property150
may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated,151
or such other applicable laws as are or may hereafter be enacted;152
(aa) Public Peace. To provide for the prevention and punishment of loitering, disorderly153
conduct, drunkenness, riots, and public disturbances;154
(bb) Public Transportation. To organize and operate such public transportation systems as155
are deemed beneficial;156
(cc) Public Utilities and Services. To grant franchises or make contracts for, or impose taxes157
on public utilities and public service companies; and to prescribe the rates, fares, regulations158
and standards and conditions of service applicable to the service to be provided by the159
franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public160
Service Commission;161
(dd) Regulation of Roadside Areas. To prohibit or regulate and control the erection,162
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and163
all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads164
or within view thereof, within or abutting the corporate limits of the city; and to prescribe165
penalties and punishment for violation of such ordinances;166
(ee) Retirement. To provide and maintain a retirement plan and other employee benefit167
plans and programs for officers and employees of the city;168
(ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of,169
abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve,170
maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within171
the corporate limits of the city; and to grant franchises and rights-of-way throughout the172
streets and roads, and over the bridges and viaducts for the use of public utilities; and to173
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require real estate owners to repair and maintain in a safe condition the sidewalks adjoining
174
their lots or lands, and to impose penalties for failure to do so; 175
(gg) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,176
constructing, equipping, operating, maintaining, and extending of a sewage disposal plant177
and sewerage system, and to levy on those to whom sewers and sewerage systems are made178
available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to179
provide for the manner and method of collecting such service charges and for enforcing180
payment of the same; and to charge, impose and collect a sewer connection fee or fees to181
those connected with the system;182
(hh) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish183
and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by184
others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper,185
and other recyclable materials, and to provide for the sale of such items;186
(ii) Special Areas of Public Regulation. To regulate or prohibit junk dealers, the187
manufacture and sale of intoxicating liquors; to regulate the transportation, storage and use188
of combustible, explosive and inflammable materials, the use of lighting and heating189
equipment, and any other business or situation which may be dangerous to persons or190
property; to regulate and control the conduct of peddlers and itinerant traders, theatrical191
performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and192
tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult193
bookstores to certain areas;194
(jj) Special Assessments. To levy and provide for the collection of special assessments to195
cover the costs for any public improvements;196
(kk) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation,197
and collection of taxes on all property subject to taxation;198
(ll) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the199
future by law;200
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(mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the
201
number of such vehicles; to require the operators thereof to be licensed; to require public202
liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to203
regulate the parking of such vehicles;204
(nn) Urban Redevelopment. To organize and operate an urban redevelopment program; and205
(oo) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and206
immunities necessary or desirable to promote or protect the safety, health, peace, security,207
good order, comfort, convenience, or general welfare of the city and its inhabitants; and to208
exercise all implied powers necessary or desirable to carry into execution all powers granted209
in this charter as fully and completely as if such powers were fully stated herein; and to210
exercise all powers now or in the future authorized to be exercised by other municipal211
governments under other laws of the State of Georgia; and no listing of particular powers in212
this charter shall be held to be exclusive of others, nor restrictive of general words and213
phrases granting powers, but shall be held to be in addition to such powers unless expressly214
prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.215
SECTION 1.5.216
Exercise of powers.217
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or218
employees shall be carried into execution as provided by this charter. If this charter makes219
no provision, such shall be carried into execution as provided by ordinance or as provided220
by pertinent laws of the State of Georgia.221
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ARTICLE II
222
GOVERNMENT STRUCTURE223
SECTION 2.1.224
City council creation; number; election.225
The legislative authority of the government of this city, except as otherwise specifically226
provided in this charter, shall be vested in a city council to be composed of a mayor and five227
councilmembers. The city council established shall in all respects be a successor to and228
continuation of the governing authority under prior law. The mayor and councilmembers229
shall be elected at large by the qualified voters of the city in the manner provided by general230
law and this charter.231
SECTION 2.2.232
City council terms and qualifications for office.233
The mayor and members of the city council shall serve for terms of four years and until their234
respective successors are elected and qualified. No person shall be eligible to serve as mayor235
or councilmember unless that person shall have been a resident of the city for 12 months236
prior to the date of election of mayor or members of the council and is at least 21 years of237
age; each shall continue to reside therein during that member's period of service and to be238
registered and qualified to vote in municipal elections of this city.239
SECTION 2.3.240
Designation of council posts.241
(a) The councilmember positions on the city council shall be designated as Council Member,242
Post No. 1; Council Member, Post No. 2; Council Member, Post No. 3; Council Member,243
Post No. 4; and Council Member, Post No. 5. A candidate for any councilmember position244
shall, at the time of qualifying, designate the councilmember position that he or she is245
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seeking. A candidate for mayor shall, at the time of qualifying, designate that he or she is
246
seeking the office of mayor.247
(b) The mayor and councilmembers in office on the effective date of this charter shall be248
allowed to serve out the remainder of the terms to which they were elected. Elections shall249
be held in the year 2025 and thereafter every four years for Posts 3, 4, and 5, such individuals250
to be elected for four-year terms of office. Elections shall be held in the year 2027 and251
thereafter every four years for mayor and for Posts 1 and 2, such individuals to be elected for252
four-year terms of office.253
SECTION 2.4.254
Vacancies.255
(a) A vacancy shall exist if the mayor or a councilmember resigns, dies, moves his or her256
residence from the city, or is absent from four consecutive regular meetings of the governing257
authority, except if granted a leave of absence by the council, which leave shall be entered258
upon the minute books, or if he or she is adjudged incompetent or is convicted of259
malfeasance in office, or of a felony, or any violation of election laws.260
(b) A vacancy in the office of mayor or councilmember shall be filled at the next available261
special election or general election. Such special election shall be called and held in the262
manner prescribed by Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the263
"Georgia Election Code," as it now exists or may hereafter be amended.264
(c) In the case of a vacancy in the office of councilmember, such vacancy may be filled until265
the next special or general election by a majority vote of the remaining councilmembers;266
provided, however, that there shall be not more than one appointed councilmember on the267
city council at any given time.268
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SECTION 2.5.
269
Compensation and expenses.270
The mayor shall receive as compensation for his or her services $25,000.00 per annum. Each271
councilmember shall receive as compensation for his or her services $20,000.00 per annum. 272
The mayor and councilmembers shall also be entitled to be reimbursed for their actual and273
necessary expenses incurred in the performance of their duties.274
SECTION 2.6.275
Conflicts of interest; holding other offices.276
(a) Elected and appointed officers of the city are trustees and servants of the residents of the277
city and shall act in a fiduciary capacity for the benefit of such residents.278
(b) Conflict of Interest - No elected official, appointed officer, or employee of the city or any279
agency or political entity to which this charter applies shall knowingly:280
(1) Engage in any business or transaction, or have a financial or other personal interest,281
direct or indirect, which is incompatible with the proper discharge of that person's official282
duties or which would tend to impair the independence of the official's judgment or action283
in the performance of those official duties;284
(2) Engage in or accept private employment, or render services for private interests when285
such employment or service is incompatible with the proper discharge of that person's286
official duties or would tend to impair the independence of the official's judgment or action287
in the performance of those official duties;288
(3) Disclose confidential information, including information obtained at meetings which289
are closed pursuant to Title 50, Chapter 14 of the Official Code of Georgia Annotated,290
concerning the property, government, or affairs of the governmental body by which the291
official is engaged without proper legal authorization; or use such information to advance292
the financial or other private interest of the official or others; 293
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(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from
294
any person, firm or corporation which to the official's knowledge is interested, directly or295
indirectly, in any manner whatsoever, in business dealings with the governmental body by296
which the official is engaged; provided, however, that an elected official who is a candidate297
for public office may accept campaign contributions and services in connection with any298
such campaign;299
(5) Represent other private interests in any action or proceeding against this city or any300
portion of its government; or301
(6) Vote or otherwise participate in the negotiation or in the making of any contract with302
any business or entity in which the official has a financial interest.303
(c) Disclosure - Any elected official, appointed officer, or employee who shall have any304
financial interest, directly or indirectly, in any contract or matter pending before or within305
any department of the city shall disclose such interest to the city council. The mayor or any306
councilmember who has a financial interest in any matter pending before the city council307
shall disclose such interest and such disclosure shall be entered on the records of the city308
council, and that official shall disqualify himself or herself from participating in any decision309
or vote relating thereto. Any elected official, appointed officer, or employee of any agency310
or political entity to which this charter applies who shall have any financial interest, directly311
or indirectly, in any contract or matter pending before or within such entity shall disclose312
such interest to the governing body of such agency or entity.313
(d) Use of Public Property - No elected official, appointed officer, or employee of the city314
or any agency or entity to which this charter applies shall use property owned by such315
governmental entity for personal benefit or profit but shall use such property only in their316
capacity as an officer or employee of the city.317
(e) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor318
any councilmember shall hold any other elective or appointive office in the city or otherwise319
be employed by said government or any agency thereof during the term for which that320
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official was elected. No former mayor and no former councilmember shall hold any
321
appointive office in the city until one year after the expiration of the term for which that322
official was elected.323
(f) Political Activities of Certain Officers and Employees - No appointive officer of the city324
shall continue in such employment upon qualifying as a candidate for nomination or election325
to any public office. No employee of the city shall continue in such employment upon326
qualifying for or election to any public office in this city or any other public office which is327
inconsistent, incompatible or in conflict with the duties of the city employee. Such328
determination shall be made by the mayor and council either immediately upon election or329
at any time such conflict may arise.330
SECTION 2.7.331
Inquiries and investigations.332
Following the adoption of an authorizing resolution, the city council may make inquiries and333
investigations into the affairs of the city and the conduct of any department, office or agency334
thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and335
require the production of evidence. Any person who fails or refuses to obey a lawful order336
issued in the exercise of these powers by the city council shall be punished as provided by337
ordinance.338
SECTION 2.8.339
General power and authority of the city council.340
(a) Except as otherwise provided by law or this charter, the city council shall be vested with341
all the powers of government of this city.342
(b) In addition to all other powers conferred upon it by law, the council shall have the343
authority to adopt and provide for the execution of such ordinances, resolutions, rules, and344
regulations, not inconsistent with this charter and the Constitution and the laws of the State345
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of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,
346
protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity,347
or well-being of the inhabitants of the City of Fayetteville and may enforce such ordinances348
by imposing penalties for violation thereof.349
SECTION 2.9.350
Eminent domain.351
The city council is hereby empowered to acquire, construct, operate and maintain public352
ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,353
sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports,354
hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional,355
penal and medical institutions, agencies and facilities, and any other public improvements356
inside or outside the city, and to regulate the use thereof, and for such purposes, property357
may be condemned under procedures established under general law applicable now or as358
provided in the future.359
SECTION 2.10.360
Oath of office.361
The oath of office to be administered to newly elected members of council and the mayor362
shall be as follows:363
"I do solemnly swear (or affirm) that I will faithfully perform the duties of __________ of364
this city and that I will support and defend the charter thereof as well as the Constitution365
and laws of the State of Georgia and of the United States of America. I am not the holder366
of any unaccounted for public money due this state or any political subdivision or authority367
thereof. I am not the holder of any office of trust under the government of the United368
States, any other state, or any foreign state which I by the laws of the State of Georgia am369
prohibited from holding. I am otherwise qualified to hold said office according to the370
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Constitution and laws of Georgia. I have been a resident of the City of Fayetteville for the
371
time required by the Constitution and laws of this state and by the municipal charter. I will372
perform the duties of my office in the best interest of the City of Fayetteville to the best of373
my ability without fear, favor, affection, reward, or expectation thereof."374
SECTION 2.11.375
Regular and special meetings.376
(a) The city council shall hold regular meetings at such times and places as shall be377
prescribed by ordinance.378
(b) Special meetings of the city council may be held on call of the mayor or three members379
of the city council. Notice of such special meetings shall be served on all other members380
personally, or by telephone personally, at least 24 hours in advance of the meeting. Such381
notice to councilmembers shall not be required if the mayor and all councilmembers are382
present when the special meeting is called. Such notice of any special meeting may be383
waived by a councilmember in writing before or after such a meeting, and attendance at the384
meeting shall also constitute a waiver of notice on any business transacted in such385
councilmember's presence. Only the business stated in the call may be transacted at the386
special meeting.387
(c) All meetings of the city council shall be public to the extent required by law and notice388
to the public of special meetings shall be made fully as is reasonably possible as provided by389
Code Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable390
laws as are or may hereafter be enacted.391
(d) Except as otherwise provided by law or ordinance, public participation at regular392
meetings of the city council shall be permitted in accordance with the provisions of this393
subsection.394
(1) Public comments: At each regular meeting of the city council, a time for public395
comment (the "public comment portion"), not to exceed 30 minutes, shall be made396
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available during which time members of the public may provide public comment on
397
matters of public concern related to city business. No public comment portion shall be398
included at any emergency, special called, or work session meeting of the mayor and399
council;400
(A) Each member of the public wishing to address the city council shall have a total401
of three minutes during which he or she may address the city council. No member of402
the public may address the council during the public comment portion more than once403
during any meeting. Each member must disclose his or her name and address for the404
record.405
(B) No member of the public shall repeat previously stated comments or opinions406
previously stated to the city council during the meeting.407
(C) No member of the public shall be permitted to make personal, impertinent,408
slanderous or profane remarks to any member of the city council, staff or general409
public. Any person who makes such remarks, or who utters loud, threatening, personal410
or abusive language, or engages in any other disorderly conduct which disrupts,411
disturbs or otherwise impedes the orderly conduct of any meeting shall, at the discretion412
of the mayor or a majority of the city council, be barred from further audience before413
the city council during that meeting.414
(2) Public hearings: For matters required by law, or by ordinance, to be accompanied415
by a public hearing, such public hearing shall be undertaken in accordance with the416
applicable law or ordinance requiring such public hearing. To the extent the law or417
ordinance is silent as to the procedure to be undertaken at such public hearing, the418
following provisions shall apply:419
(A) For matters arising under the City of Fayetteville Unified Development Ordinance420
(UDO), those wishing to speak in favor of the item before the council, including the421
applicant, shall be given a total of 15 minutes to be heard; those wishing to speak422
against the item before the council shall be given a total of 15 minutes to be heard. The423
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city council may extend the time for public hearings arising under the UDO by a
424
majority vote of the councilmembers.425
(B) For other matters requiring a public hearing, but not arising under the UDO, there426
shall be allotted 30 minutes for public hearing. Each person wishing to be heard on any427
such matter shall limit his or her presentation to three minutes. All comments made428
during such public hearing shall relate to the matter pending before the council and429
shall not repeat previously stated comments and opinions. The city council may extend430
the time for public hearings by a majority vote of the councilmembers.431
SECTION 2.12.432
Rules of procedure.433
(a) The city council shall adopt its rules of procedure and order of business consistent with434
the provisions of this charter and shall provide for keeping a journal of its proceedings, which435
shall be a public record.436
(b) All committees and committee chairs and officers of the city council shall be appointed437
by the city council by majority vote from nominations made by the mayor and mayor pro tem438
and shall serve at the pleasure of the city council. The city council shall have the power to439
appoint new members to any committee at any time.440
SECTION 2.13.441
Quorum; voting.442
A majority of the councilmembers shall constitute a quorum and shall be authorized to443
transact business of the city council. Voting on the adoption of ordinances shall be by voice444
vote and the vote shall be recorded in the journal, but any member of the city council shall445
have the right to request a roll call vote and such vote shall be recorded in the journal. 446
Except as otherwise provided in this charter, the affirmative vote of three councilmembers447
shall be required for the adoption of any ordinance, resolution, or motion.448
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SECTION 2.14.
449
Ordinance form; procedures.450
(a) Every proposed ordinance should be introduced in writing and in the form required for451
final adoption. No ordinance shall contain a subject which is not expressed in its title. The452
enacting clause shall be "It is hereby ordained by the governing authority of the City of453
Fayetteville" and every ordinance shall so begin.454
(b) An ordinance may be introduced by any councilmember and be read at a regular or455
special meeting of the city council. Ordinances shall be considered and adopted or rejected456
by the city council in accordance with the rules which it shall establish; provided, however,457
an ordinance shall not be adopted the same day it is introduced, except for emergency458
ordinances provided in Section 2.16. Upon introduction of any ordinance, the clerk shall as459
soon as possible distribute a copy to the mayor and to each councilmember and shall file a460
reasonable number of copies in the office of the clerk and at such other public places as the461
city council may designate.462
SECTION 2.15.463
Action requiring an ordinance.464
Acts of the city council which have the force and effect of law shall be enacted by ordinance.465
SECTION 2.16.466
Emergencies.467
(a) To meet a public emergency affecting life, health, property or public peace, the city468
council may convene on call of the mayor or three councilmembers and promptly adopt an469
emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a470
franchise; regulate the rate charged by any public utility for its services; or authorize the471
borrowing of money except for loans to be repaid within 30 days. An emergency ordinance472
shall be introduced in the form prescribed for ordinances generally, except that it shall be473
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plainly designated as an emergency ordinance and shall contain, after the enacting clause,
474
a declaration stating that an emergency exists, and describing the emergency in clear and475
specific terms. An emergency ordinance may be adopted, with or without amendment, or476
rejected at the meeting at which it is introduced, but the affirmative vote of at least a majority477
of the councilmembers present at the meeting shall be required for adoption. It shall become478
effective upon adoption or at such later time as it may specify. Every emergency ordinance479
shall automatically stand repealed 30 days following the date upon which it was adopted, but480
this shall not prevent reenactment of the ordinance in the manner specified in this section if481
the emergency still exists. An emergency ordinance may also be repealed by adoption of a482
repealing ordinance in the same manner specified in this section for adoption of emergency483
ordinances.484
(b) Such meetings shall be open to the public to the extent required by law and notice to the485
public of emergency meetings shall be made as fully as is reasonably possible in accordance486
with Code Section 50-14-1 of the Official Code of Georgia Annotated, or such other487
applicable laws as are or may hereafter be enacted.488
SECTION 2.17.489
Codes of technical regulations.490
(a) The city council may adopt any standard code of technical regulations by reference491
thereto in an adopting ordinance. The procedure and requirements governing such adopting492
ordinance shall be as prescribed for ordinances generally except that:493
(1) The requirements of Section 2.14 for distribution and filing of copies of the ordinance494
shall be construed to include copies of any code of technical regulations, as well as the495
adopting ordinance; and496
(2) A copy of each adopted code of technical regulations, as well as the adopting497
ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.18.498
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(b) Copies of any adopted code of technical regulations shall be made available by the clerk
499
for inspection by the public.500
SECTION 2.18.501
Signing; authenticating; recording; codification; printing.502
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly503
indexed book kept for that purpose, all ordinances adopted by the council.504
(b) The city council shall provide for the preparation of a general codification of all the505
ordinances of the city having the force and effect of law. The general codification shall be506
adopted by the city council by ordinance and shall be published promptly, together with all507
amendments thereto and such codes of technical regulations and other rules and regulations508
as the city council may specify. This compilation shall be known and cited officially as "The509
Code of the City of Fayetteville, Georgia." Copies of the code shall be furnished to all510
officers, departments and agencies of the city, and made available for purchase by the public511
at a reasonable price as fixed by the city council.512
(c) The city council shall cause each ordinance and each amendment to this charter to be513
printed promptly following its adoption, and the printed ordinances and charter amendments514
shall be made available for purchase by the public at reasonable prices to be fixed by the city515
council. Following publication of the first code under this charter and at all times thereafter,516
the ordinances and charter amendments shall be printed in substantially the same style as the517
code currently in effect and shall be suitable in form for incorporation therein. The city518
council shall make such further arrangements as deemed desirable with reproduction and519
distribution of any current changes in or additions to codes of technical regulations and other520
rules and regulations included in the code.521
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SECTION 2.19.
522
Powers and duties of mayor; veto.523
(a) The mayor shall:524
(1) Preside at meetings of the city council;525
(2) Have a vote only in case of a tie;526
(3) Be the ceremonial head of the city;527
(4) Sign ordinances and resolutions on their final passage unless vetoed as provided in528
subsection (b) of this section;529
(5) Sign deeds, bonds and contracts when authorized by the city council to do so; and530
(6) Perform other duties required by this charter and ordinances not inconsistent with this531
charter.532
(b) The mayor shall have the authority to veto an ordinance or resolution adopted by the city533
council by filing such veto in writing with the city clerk within five days of the city council534
meeting at which such ordinance or resolution was adopted. Ordinances or resolutions535
vetoed by the mayor shall be considered at the next regular meeting of the city council, and536
the city council may pass the ordinance over the veto by the affirmative vote of four of its537
members. Such vote shall be taken by ayes and nays and entered upon the minutes of such538
meeting.539
SECTION 2.20.540
Mayor pro tem; selection; duties.541
At its first regular meeting after new councilmembers have taken office following each542
general election, the city council shall, by majority vote, elect a councilmember to serve as543
mayor pro tem. If the city council fails to elect a councilmember to serve as mayor pro tem,544
the councilmember who received the highest number of votes when last elected shall serve545
as mayor pro tem. The mayor pro tem shall preside at all meetings of the city council when546
the mayor is absent. The city council by a majority vote shall elect a new presiding officer547
H. B. 877
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from among its members for any period in which the mayor pro tem is disabled, absent, or
548
acting as mayor. Any such absence or disability shall be declared by majority vote of all549
councilmembers. When serving as mayor, the mayor pro tem shall not vote as a member of550
the council, except in order to break a tie, but shall be counted to make a quorum.551
ARTICLE III552
ADMINISTRATIVE AFFAIRS553
SECTION 3.1.554
City manager; appointment; qualifications; compensation.555
The city council shall appoint a city manager for an indefinite term and shall fix the556
manager's compensation. The manager shall be appointed solely on the basis of executive557
and administrative qualifications.558
SECTION 3.2.559
Removal of city manager.560
(a) The city council may remove the manager from office in accordance with the following561
procedures:562
(1) The city council shall adopt by affirmative vote of a majority of all its members a563
preliminary resolution which must state the reasons for removal and may suspend the564
manager from duty for a period not to exceed 45 days. A copy of the resolution shall be565
delivered promptly to the manager.566
(2) Within five days after a copy of the resolution is delivered to the manager, the manager567
may file with the city council a written request for a public hearing. This hearing shall be568
held within 30 days after the request is filed. The manager may file with the council a569
written reply not later than five days before the hearing.570
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(3) If the manager has not requested a public hearing within the time specified in
571
paragraph (2) above, the city council may adopt a final resolution for removal, which may572
be made effective immediately, by an affirmative vote of a majority of all its members. If573
the manager has requested a public hearing, the city council may adopt a final resolution574
for removal, which may be made effective immediately, by an affirmative vote of a575
majority of all its members at any time after the public hearing.576
(b) The manager may continue to receive a salary until the effective date of a final resolution577
of removal.578
SECTION 3.3.579
Acting city manager.580
By letter filed with the city clerk, the manager shall designate, subject to approval of the city581
council, a qualified city administrative officer to exercise the powers and perform the duties582
of manager during the manager's temporary absence or physical or mental disability. During583
such absence or disability, the city council may revoke such designation at any time and584
appoint another officer of the city to serve until the manager shall return or the manager's585
disability shall cease.586
SECTION 3.4.587
Powers and duties of the city manager.588
The city manager shall be the chief executive and administrative officer of the city. The589
manager shall be responsible to the city council for the administration of all city affairs590
placed in the manager's charge by or under this charter. As the chief executive and591
administrative officer, the manager shall:592
(1) Appoint and, when the manager deems it necessary for the good of the city, suspend593
or remove all city employees and administrative officers the manager appoints, except as594
otherwise provided by law or personnel ordinances adopted pursuant to this charter. The595
H. B. 877
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manager may authorize any administrative officer who is subject to the manager's direction
596
and supervision to exercise these powers with respect to subordinates in that officer's597
department, office or agency;598
(2) Direct and supervise the administration of all departments, offices and agencies of the599
city, except as otherwise provided by this charter or by law;600
(3) Attend all city council meetings except for closed meetings held for the purposes of601
deliberating on the appointment, discipline or removal of the city manager and have the602
right to take part in discussion but not vote;603
(4) See that all laws, provisions of this charter, and acts of the city council, subject to604
enforcement by the manager or by officers subject to the manager's direction and605
supervision, are faithfully executed;606
(5) Prepare and submit the annual operating budget and capital budget to the city council;607
(6) Submit to the city council and make available to the public a complete report on the608
finances and administrative activities of the city as of the end of each fiscal year;609
(7) Make such other reports as the city council may require concerning the operations of610
city departments, offices and agencies subject to the manager's direction and supervision;611
(8) Keep the city council fully advised as to the financial condition and future needs of the612
city, and make such recommendations to the city council concerning the affairs of the city613
as the manager deems desirable; and614
(9) Perform other such duties as are specified in this charter or as may be required by the615
city council.616
SECTION 3.5.617
Council interference with administration.618
Except for the purpose of inquiries and investigations under Section 2.7, the city council or619
its members shall deal with city officers and employees who are subject to the direction and620
H. B. 877
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supervision of the manager solely through the manager, and neither the city council nor its
621
members shall give orders to any such officer or employee, either publicly or privately.622
SECTION 3.6.623
Administrative and service departments.624
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall625
prescribe the functions or duties, and establish, abolish, alter, consolidate or leave vacant all626
nonelective offices, positions of employment, departments, and agencies of the city, as627
necessary for the proper administration of the affairs and government of this city.628
(b) Except as otherwise provided by this charter or by law, the directors of departments and629
other appointed officers of the city shall be appointed solely on the basis of their respective630
administrative and professional qualifications.631
(c) All appointive officers and directors of departments shall receive such compensation as632
prescribed by ordinance or resolution.633
(d) There shall be a director of each department or agency who shall be its principal officer. 634
Each director shall, subject to the direction and supervision of the city manager, be635
responsible for the administration and direction of the affairs and operations of that director's636
department or agency.637
(e) All appointive officers and directors under the supervision of the city manager shall be638
nominated by the city manager with confirmation of appointment by the city council. All639
appointive officers and directors shall be employees at-will and subject to removal or640
suspension at any time by the city manager unless otherwise provided by law or ordinance.641
SECTION 3.7.642
Boards, commissions, and authorities.643
(a) The city council shall create by ordinance such boards, commissions and authorities to644
fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems645
H. B. 877
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necessary, and shall by ordinance establish the composition, period of existence, duties and
646
powers thereof.647
(b) All members of boards, commissions and authorities of the city shall be appointed by the648
city council for such terms of office and in such manner as shall be provided by ordinance,649
except where other appointing authority, terms of office, or manner of appointment is650
prescribed by this charter or by law.651
(c) The city council, by ordinance, may provide for the compensation and reimbursement652
for actual and necessary expenses of the members of any board, commission or authority.653
(d) Except as otherwise provided by charter or by law, no member of any board, commission654
or authority shall hold any elective office in the city.655
(e) Any vacancy on a board, commission or authority of the city shall be filled for the656
unexpired term in the manner prescribed herein for original appointment, except as otherwise657
provided by this charter or by law.658
(f) No member of a board, commission or authority shall assume office until that person has659
executed and filed with the clerk of the city an oath obligating himself to faithfully and660
impartially perform the duties of that member's office, such oath to be prescribed by661
ordinance and administered by the mayor.662
(g) All board members serve at-will and may be removed at any time by three members of663
the city council unless otherwise provided by law.664
(h) Except as otherwise provided by this charter or by law, each board, commission or665
authority of the city shall elect one of its members as chair and one member as vice-chair,666
and may elect as its secretary one of its own members or may appoint as secretary an667
employee of the city. Each board, commission or authority of the city government may668
establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances669
of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or670
the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the671
clerk of the city.672
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SECTION 3.8.
673
City attorney.674
(a) The city council shall appoint a city attorney, together with such assistant city attorneys675
as may be authorized, and shall provide for the payment of such attorney or attorneys for676
services rendered to the city. The city attorney shall be responsible for providing for the677
representation and defense of the city in all litigation in which the city is a party; may be the678
prosecuting officer in the municipal court; shall attend the meetings of the council as679
directed; shall advise the city council, mayor, and other officers and employees of the city680
concerning legal aspects of the city's affairs; and shall perform such other duties as may be681
required by virtue of the person's position as city attorney.682
(b) The city attorney is not a public official of the city and does not take an oath of office. 683
The city attorney shall at all times be an independent contractor. A law firm, rather than an684
individual, may be designated as the city attorney.685
SECTION 3.9.686
City clerk.687
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk688
shall be custodian of the official city seal and city records; maintain city council records689
required by this charter; and perform such other duties as may be required by the city690
council.691
SECTION 3.10.692
Position classification and pay plans.693
The city manager shall be responsible for the preparation of a position classification and pay694
plan which shall be submitted to the city council for approval. Such plan may apply to all695
employees of the city and any of its agencies, departments, boards, commissions or696
authorities. When a pay plan has been adopted, the city council shall not increase or decrease697
H. B. 877
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the salary range applicable to any position except by amendment of such pay plan. For
698
purposes of this section, all elected and appointed city officials are not city employees.699
SECTION 3.11.700
Personnel policies.701
All employees serve at-will and may be removed from office at any time unless otherwise702
provided by ordinance.703
ARTICLE IV704
MUNICIPAL COURT705
SECTION 4.1.706
Creation; name.707
There shall be a court to be known as the Municipal Court of the City of Fayetteville.708
SECTION 4.2.709
Chief judge; other judges.710
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time,711
or stand-by judges as shall be provided by ordinance.712
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless713
that person shall have attained the age of 21 years and shall possess all qualifications714
required by law. All judges shall be appointed by the city council and shall serve until a715
successor is appointed and qualified.716
(c) Compensation of the judges shall be fixed by ordinance.717
(d) Judges shall serve a term and may be removed as provided by general law.718
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge719
will honestly and faithfully discharge the duties of the office to the best of that person's720
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ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of
721
the city council.722
SECTION 4.3.723
Convening.724
The municipal court shall be convened at regular intervals as provided by ordinance.725
SECTION 4.4.726
Jurisdiction; powers.727
(a) The municipal court shall have jurisdiction and authority to try and punish violations of728
this charter, all city ordinances, and such other violations as provided by law.729
(b) The municipal court shall have authority to punish those in its presence for contempt,730
provided that such punishment shall not exceed ten days in jail and a fine as authorized by731
law.732
(c) The municipal court may fix punishment for offenses within its jurisdiction not733
exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and734
imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now735
or hereafter provided by law.736
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost737
of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and738
caretaking of prisoners bound over to superior courts for violations of state law.739
(e) The municipal court shall have authority to establish bail and recognizances to ensure740
the presence of those charged with violations before said court, and shall have discretionary741
authority to accept cash or personal or real property as surety for the appearance of persons742
charged with violations. Whenever any person shall give bail for that person's appearance743
and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge744
presiding at such time, and an execution issued thereon by serving the defendant and the745
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defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the
746
event that cash or property is accepted in lieu of bond for security for the appearance of a747
defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,748
the cash so deposited shall be on order of the judge declared forfeited to the city, or the749
property so deposited shall have a lien against it for the value forfeited which lien shall be750
enforceable in the same manner and to the same extent as a lien for city property taxes.751
(f) The municipal court shall have the same authority as superior courts to compel the752
production of evidence in the possession of any party; to enforce obedience to its orders,753
judgments and sentences; and to administer such oaths as are necessary.754
(g) The municipal court may compel the presence of all parties necessary to a proper755
disposal of each case by the issuance of summonses, subpoenas, and warrants which may be756
served as executed by any officer as authorized by this charter or by law.757
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of758
persons charged with offenses against any ordinance of the city, and each judge of the759
municipal court shall have the same authority as a magistrate of the state to issue warrants760
for offenses against state laws committed within the city.761
SECTION 4.5.762
Rules for court.763
With the approval of the city council, the judge shall have full power and authority to make764
reasonable rules and regulations necessary and proper to secure the efficient and successful765
administration of the municipal court; provided, however, that the city council may adopt in766
part or in toto the rules and regulations applicable to municipal courts. The rules and767
regulations made or adopted shall be filed with the city clerk and shall be available for public768
inspection.769
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SECTION 4.6.
770
Petitions for review.771
The right to seek petitions for review from the decision and judgment of the municipal court772
shall exist in all criminal cases and ordinance violation cases, and such petitions shall be773
made to the Superior Court of Fayette County under the laws of the State of Georgia774
regulating appeals to the superior courts.775
ARTICLE V776
ELECTIONS AND REMOVAL777
SECTION 5.1.778
Applicability of general law.779
All primaries and elections shall be held and conducted in accordance with the Georgia780
Election Code (Title 21, Chapter 2 of the Official Code of Georgia Annotated) as now or781
hereafter amended.782
SECTION 5.2.783
Non-partisan elections.784
Political parties shall not conduct primaries for city offices and all names of candidates for785
city offices shall be listed without party designations.786
SECTION 5.3.787
Election by majority.788
The person receiving a majority of the votes cast for any city office shall be elected.789
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SECTION 5.4.
790
Other provisions.791
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe792
such rules and regulations it deems appropriate to fulfill any options and duties under the793
Georgia Election Code.794
SECTION 5.5.795
Removal of officers.796
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall797
be removed from office for any one or more of the causes provided in Title 45 of the Official798
Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.799
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished800
one of the following methods:801
(1) Following a hearing at which an impartial panel shall render a decision. In the event802
an elected officer is sought to be removed by the action of the city council, such officer803
shall be entitled to a written notice specifying the ground or grounds for removal and to a804
public hearing which shall be held not less than ten days after the service of such written805
notice. The city council shall provide by ordinance for the manner in which such hearings806
shall be held. Any elected officer sought to be removed from office as herein provided807
shall have the right of appeal from the decision of the city council to the Superior Court of808
Fayette County. Such appeal shall be governed by the same rules as govern appeals to the809
superior court from the probate court.810
(2) By an order of the Superior Court of Fayette County following a hearing on a811
complaint seeking such removal brought by any resident of the city of Fayetteville.812
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ARTICLE VI
813
FINANCE814
SECTION 6.1.815
Property tax.816
The city council may assess, levy and collect an ad valorem tax on all real and personal817
property within the corporate limits of the city that is subject to such taxation by the state and818
county. This tax is for the purpose of raising revenues to defray the costs of operating the819
city government, of providing governmental services, for the repayment of principal and820
interest on general obligations, and for any other public purpose as determined by the city821
council in its discretion.822
SECTION 6.2.823
Millage rate; due dates; payment methods.824
The city council, by ordinance, shall establish a millage rate for the city property tax, a due825
date, and the time period within which these taxes must be paid. The city council, by826
ordinance, may provide for the payment of these taxes by two installments or in one lump827
sum, as well as authorize the voluntary payment of taxes prior to the time when due.828
SECTION 6.3.829
Occupation and business taxes.830
The city council, by ordinance, shall have the power to levy such occupation or business831
taxes as are not denied by law. The city council may classify businesses, occupations or832
professions for the purpose of such taxation in any way which may be lawful and may833
compel the payment of such taxes as provided in Section 6.9.834
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SECTION 6.4.
835
Regulatory fees; permits.836
The city council, by ordinance, shall have the power to require businesses or practitioners837
doing business within this city to obtain a permit for such activity from the city and pay a838
reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect839
the total cost to the city of regulating the activity, and if unpaid, shall be collected as840
provided in Section 6.9.841
SECTION 6.5.842
Franchises.843
(a) The city council shall have the power to grant franchises for the use of this city's streets844
and alleys for the purposes of railroads, street railways, telephone companies, electric845
companies, electric membership corporations, cable television and other telecommunications846
companies, gas companies, transportation companies and other similar organizations. The847
city council shall determine the duration, terms, whether the same shall be exclusive or848
nonexclusive, and the consideration for such franchises; provided, however, no franchise849
shall be granted for a period in excess of 35 years and no franchise shall be granted unless850
the city receives just and adequate compensation therefor. The city council shall provide for851
the registration of all franchises with the city clerk in a registration book kept by the clerk. 852
The city council may provide by ordinance for the registration within a reasonable time of853
all franchises previously granted.854
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax855
on gross receipts for the use of this city's streets and alleys for the purposes of railroads,856
street railways, telephone companies, electric companies, electric membership corporations,857
cable television and other telecommunications companies, gas companies, transportation858
companies and other similar organizations.859
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SECTION 6.6.
860
Service charges.861
The city council, by ordinance, shall have the power to assess and collect fees, charges,862
assessments, and tolls for sewers, sanitary and health services, or any other services provided863
or made available within and without the corporate limits of the city. If unpaid, such charges864
shall be collected as provided in Section 6.9.865
SECTION 6.7.866
Special assessments.867
The city council, by ordinance, shall have the power to assess and collect the cost of868
constructing, reconstructing, widening, or improving any public way, street, sidewalk,869
curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property870
owners. If unpaid, such charges shall be collected as provided in Section 6.9.871
SECTION 6.8.872
Construction; other taxes and fees.873
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,874
and the specific mention of any right, power or authority in this article shall not be construed875
as limiting in any way the general powers of this city to govern its local affairs.876
SECTION 6.9.877
Collection of delinquent taxes and fees.878
The city council, by ordinance, may provide generally for the collection of delinquent taxes,879
fees, or other revenue due the city under Sections 6.1 through 6.8 by whatever reasonable880
means as are not precluded by law. This shall include providing for the dates when the taxes881
or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and882
priority of liens; making delinquent taxes and fees personal debts of the persons required to883
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pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees;
884
and providing for the assignment or transfer of tax executions.885
SECTION 6.10.886
General obligation bonds.887
The city council shall have the power to issue bonds for the purpose of raising revenue to888
carry out any project, program or venture authorized under this charter or the laws of the889
state. Such bonding authority shall be exercised in accordance with the laws governing bond890
issuance by municipalities in effect at the time said issue is undertaken.891
SECTION 6.11.892
Revenue bonds.893
Revenue bonds may be issued by the city council as state law now or hereafter provides. 894
Such bonds are to be paid out of any revenue produced by the project, program or venture895
for which they were issued.896
SECTION 6.12.897
Short-term loans.898
The city may obtain short-term loans and must repay such loans not later than December 31899
of each year, unless otherwise provided by law.900
SECTION 6.13.901
Lease-purchase contracts.902
The city may enter into multiyear lease, purchase or lease-purchase contracts for the903
acquisition of goods, materials, real and personal property, services, and supplies provided904
the contract terminates without further obligation on the part of the municipality at the close905
of the calendar year in which it was executed and at the close of each succeeding calendar906
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year for which it may be renewed. Contracts must be executed in accordance with the
907
requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated, or other908
such applicable laws as are or may hereafter be enacted.909
SECTION 6.14.910
Fiscal year.911
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the912
budget year and the year for financial accounting and reporting of each and every office,913
department, agency and activity of the city government unless otherwise provided by state914
or federal law.915
SECTION 6.15.916
Preparation of budgets.917
The city council shall provide an ordinance on the procedures and requirements for the918
preparation and execution of an annual operating budget, a capital improvement plan and a919
capital budget, including requirements as to the scope, content and form of such budgets and920
plans.921
SECTION 6.16.922
Submission of operating budget to city council.923
On or before a date fixed by the city council but not later than 30 days prior to the beginning924
of each fiscal year, the city manager shall submit to the city council a proposed operating925
budget for the ensuing fiscal year. The budget shall be accompanied by a message from the926
city manager containing a statement of the general fiscal policies of the city, the important927
features of the budget, explanations of major changes recommended for the next fiscal year,928
a general summary of the budget, and such other pertinent comments and information. The929
operating budget and the capital budget hereinafter provided for, the budget message, and930
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all supporting documents shall be filed in the office of the city clerk and shall be open to
931
public inspection.932
SECTION 6.17.933
Action by city council on budget.934
(a) The city council may amend the operating budget proposed by the city manager; except,935
that the budget as finally amended and adopted must provide for all expenditures required936
by state law or by other provisions of this charter and for all debt service requirements for937
the ensuing fiscal year, and the total appropriations from any fund shall not exceed the938
estimated fund balance, reserves, and revenues.939
(b) The city council, by ordinance, shall adopt the final operating budget for the ensuing940
fiscal year not later than the first day of such fiscal year. If the city council fails to adopt the941
budget by this date, the amounts appropriated for operation for the current fiscal year shall942
become the appropriations for the new fiscal year. Adoption of the budget shall take the943
form of an appropriations ordinance setting out the estimated revenues in detail by sources944
and making appropriations according to fund and by organizational unit, purpose, or activity945
as set out in the budget preparation ordinance adopted pursuant to Section 6.15.946
(c) The amount set out in the adopted operating budget for each organizational unit shall947
constitute the annual appropriation for such, and no expenditure shall be made or948
encumbrance created in excess of the otherwise unencumbered balance of the appropriations949
or allotment thereof, to which it is chargeable.950
SECTION 6.18.951
Tax levies.952
The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates953
set by such ordinances shall be such that reasonable estimates of revenues from such levy954
shall at least be sufficient, together with other anticipated revenues, fund balances and955
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applicable reserves, to equal the total amount appropriated for each of the several funds set
956
forth in the annual operating budget for defraying the expenses of the general government957
of this city.958
SECTION 6.19.959
Changes in appropriations.960
The city council, by ordinance, may make changes in the appropriations contained in the961
current operating budget, at any regular meeting, special or emergency meeting called for962
such purpose, but any additional appropriations may be made only from an existing963
unexpended surplus.964
SECTION 6.20.965
Capital budget.966
(a) On or before the date fixed by the city council but no later than 30 days prior to the967
beginning of each fiscal year, the city manager shall submit to the city council a proposed968
capital improvements plan with a recommended capital budget containing the means of969
financing the improvements proposed for the ensuing fiscal year. The city council shall have970
power to accept, with or without amendments, or reject the proposed plan and proposed971
budget. The city council shall not authorize an expenditure for the construction of any972
building, structure, work or improvement, unless the appropriations for such project are973
included in the capital budget, except to meet a public emergency as provided in974
Section 2.16.975
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal976
year not later than the first day of such fiscal year. No appropriation provided for in a prior977
capital budget shall lapse until the purpose for which the appropriation was made shall have978
been accomplished or abandoned; provided, however, the city manager may submit979
amendments to the capital budget at any time during the fiscal year, accompanied by980
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recommendations. Any such amendments to the capital budget shall become effective only
981
upon adoption by ordinance.982
SECTION 6.21.983
Independent audit.984
There shall be an annual independent audit of all city accounts, funds and financial985
transactions by a certified public accountant selected by the city council. The audit shall be986
conducted according to generally accepted auditing principles. Any audit of any funds by987
the state or federal governments may be accepted as satisfying the requirements of this988
charter. Copies of annual audit reports shall be available to the public, upon payment of such989
costs as required by Code Section 50-18-70, et seq. of the Official Code of Georgia990
Annotated.991
SECTION 6.22.992
Contracting procedures.993
No contract with the city shall be binding on the city unless:994
(1) It is in writing;995
(2) It is drawn by or submitted to and reviewed by the city attorney, and as a matter of996
course, is signed by the city attorney to indicate such drafting or review; and997
(3) It is made or authorized by the city council and such approval is entered in the city998
council journal of proceedings pursuant to Section 2.12.999
SECTION 6.23.1000
Centralized purchasing.1001
The city council may by ordinance prescribe procedures for a system of centralized1002
purchasing for the city.1003
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SECTION 6.24.
1004
Sale and lease of city property.1005
(a) The city council may sell and convey, or lease any real or personal property owned or1006
held by the city for governmental or other purposes as now or hereafter provided by law.1007
(b) The city council may quitclaim any rights it may have in property not needed for public1008
purposes upon report by the city manager and adoption of a resolution, both finding that the1009
property is not needed for public or other purposes and that the interest of the city has no1010
readily ascertainable monetary value.1011
(c) Whenever in opening, extending or widening any street, avenue, alley or public place of1012
the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract1013
or boundary of land owned by the city, the city council may authorize the city manager to sell1014
and convey said cut-off or separated parcel or tract of land to an abutting or adjoining1015
property owner or owners where such sale and conveyance facilitates the enjoyment of the1016
highest and best use of the abutting owner's property. Included in the sales contract shall be1017
a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting1018
property owner shall be notified of the availability of the property and given the opportunity1019
to purchase said property under such terms and conditions as set out by ordinance. All deeds1020
and conveyances heretofore and hereafter so executed and delivered shall convey all title and1021
interest the city has in such property, notwithstanding the fact that no public sale after1022
advertisement was or is hereafter made.1023
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ARTICLE VII
1024
GENERAL PROVISIONS1025
SECTION 7.1.1026
Prior ordinances.1027
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent1028
with this charter are hereby declared valid and of full effect and force until amended or1029
repealed by the city council.1030
SECTION 7.2.1031
Pending matters.1032
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1033
contracts and legal or administrative proceedings shall continue and any such ongoing work1034
or cases shall be completed by such city agencies, personnel or offices as may be provided1035
by the city council.1036
SECTION 7.3.1037
Construction.1038
(a) Section captions in this charter are informative only and are not to be considered as a part1039
thereof.1040
(b) The word "shall" is mandatory and the word "may" is permissive.1041
(c) The singular shall include the plural, the masculine shall include the feminine, and vice1042
versa.1043
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SECTION 7.4.
1044
Severability.1045
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1046
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1047
or impair other parts of this charter unless it clearly appears that such other parts are wholly1048
and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1049
legislative intent in enacting this charter that each article, section, subsection, paragraph,1050
sentence or part thereof be enacted separately and independent of each other.1051
SECTION 7.5.1052
Effective date.1053
This Act shall become effective on July 1, 2025.1054
SECTION 7.6.1055
Specific repealer.1056
(a) An Act to reincorporate the City of Fayetteville in the County of Fayette, approved1057
March 4, 1970 (Ga. L. 1970, p. 2243), is hereby repealed in its entirety and all amendatory1058
acts thereto are likewise repealed in their entirety.1059
(b) An Act to create a restated charter for the City of Fayetteville, adopted September 12,1060
1997 (Ga. L. 1997, p. 4756), is hereby repealed in its entirety and all amendatory acts thereto1061
are likewise repealed in their entirety.1062
SECTION 7.7.1063
General repealer.1064
All laws and parts of laws in conflict with this Act are repealed.1065
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