Georgia 2025-2026 Regular Session

Georgia House Bill HB877 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 61 0241
2	2	House Bill 877
3	3	By: Representatives Jackson of the 68
4	4	th
5	5	, Bazemore of the 69
6	6	th
7	7	, Bonner of the 73
8	8	rd
9	9	, and
10	10	Mathiak of the 82
11	11	nd
12	12
13	13	A BILL TO BE ENTITLED
14	14	AN ACT
15	15	To provide a new charter for the City of Fayetteville; to provide for incorporation,
16	16	1
17	17	boundaries, and powers of the city; to provide for the exercise of powers and limitations on2
18	18	powers; to provide for a governing authority of such city and the powers, duties, authority,3
19	19	prohibitions, elections, terms, removal from office, method of filling vacancies,4
20	20	compensation, expenses, and qualifications; to provide for conflict of interest and holding5
21	21	other offices; to provide for inquiries and investigations; to provide for organization and6
22	22	meeting procedures; to provide for ordinances; to provide for eminent domain; to provide for7
23	23	codes; to provide for the office of mayor and certain duties and powers relative to the office8
24	24	of mayor; to provide for a mayor pro tempore; to provide for a city manager; to provide for9
25	25	administrative responsibilities; to provide for boards, commissions, and authorities; to10
26	26	provide for a city attorney, city clerk, and other personnel; to provide for the establishment11
27	27	of a municipal court and the judge or judges thereof; to provide for practices and procedures;12
28	28	to provide for taxation, permits, and fees; to provide for franchises, service charges, and13
29	29	assessments; to provide for bonded and other indebtedness; to provide for accounting and14
30	30	budgeting; to provide for contracting and purchasing; to provide for sale of city property; to15
31	31	provide for bonds for officials; to provide for pending matters; to provide for definitions and16
32	32	construction; to provide for severability; to provide for related matters; to repeal specific17
33	33	Acts; to repeal conflicting laws; and for other purposes.18
34	34	H. B. 877
35	35	- 1 - 25 LC 61 0241
36	36	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
37	37	19
38	38	ARTICLE I20
39	39	INCORPORATION AND POWERS21
40	40	SECTION 1.1.22
41	41	Reincorporation.23
42	42	The City of Fayetteville, in Fayette County, and the inhabitants thereof, are reincorporated24
43	43	by the enactment of this charter and are hereby constituted and declared a body politic and25
44	44	corporate under the name and style of the City of Fayetteville, Georgia, and by that name26
45	45	shall have perpetual succession.27
46	46	SECTION 1.2.28
47	47	Corporate boundaries.29
48	48	(a) The corporate boundaries of this city shall be those existing on the effective date of the30
49	49	adoption of this charter with such alterations as may be made from time to time in the31
50	50	manner provided by law. The boundaries of this city at all times shall be shown on a map,32
51	51	a written description, or any combination thereof, to be retained permanently in the office of33
52	52	the city clerk and to be designated, as the case may be: "Official Map (or Description) of the34
53	53	corporate limits of the City of Fayetteville, Georgia, in Fayette County, Georgia."35
54	54	Photographic, typed, or other copies of such map or description certified by the city clerk36
55	55	shall be admitted as evidence in all courts and shall have the same force and effect as with37
56	56	the original map or description.38
57	57	(b) All future alterations of said map or description, as directed by the council to reflect39
58	58	lawful changes in the corporate boundaries, shall be signed by the mayor and city clerk. A40
59	59	redrawn map or description shall supersede, for all purposes, the entire map or maps and41
60	60	description or descriptions which it is designated to replace.42
61	61	H. B. 877
62	62	- 2 - 25 LC 61 0241
63	63	SECTION 1.3.
64	64	43
65	65	General powers and construction.44
66	66	(a) This city shall have all powers possible for a municipality to have under the present or45
67	67	future Constitution and laws of this state as fully and completely as though they were46
68	68	specifically enumerated in this charter. This city shall have all the powers of47
69	69	self-government not otherwise prohibited by this charter or by general law.48
70	70	(b) The powers of this city shall be construed liberally in favor of the city. The specific49
71	71	mention or failure to mention particular powers shall not be construed as limiting in any way50
72	72	the powers of this city.51
73	73	SECTION 1.4.52
74	74	Examples of powers.53
75	75	(a) Animal Regulations. To regulate and license or to prohibit the keeping or running54
76	76	at-large of animals and fowl, and to provide for the impoundment of same if in violation of55
77	77	any ordinance or lawful order; to provide for the disposition by sale, gift or humane56
78	78	destruction of animals and fowl when not redeemed as provided by ordinance; and to provide57
79	79	punishment for violation of ordinances enacted hereunder;58
80	80	(b) Appropriations and Expenditures. To make appropriations for the support of the59
81	81	government of the city; to authorize the expenditure of money for any purposes authorized60
82	82	by this charter and for any purpose for which a municipality is authorized by the laws of the61
83	83	State of Georgia; and to provide for the payment of expenses of the city;62
84	84	(c) Building Regulation. To regulate and to license the erection and construction of63
85	85	buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical,64
86	86	gas, and heating and air conditioning codes; and to regulate all housing, and building trades;65
87	87	(d) Business Regulation and Taxation. To levy and to provide for the collection of66
88	88	regulatory fees and taxes on privileges, occupations, trades and professions as authorized by67
89	89	Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or68
90	90	H. B. 877
91	91	- 3 - 25 LC 61 0241
92	92	may hereafter be enacted; to permit and regulate the same; to provide for the manner and
93	93	69
94	94	method of payment of such regulatory fees and taxes; and to revoke such permits after due70
95	95	process for failure to pay any city taxes or fees;71
96	96	(e) Condemnation. To condemn property, inside or outside the corporate limits of the city,72
97	97	for present or future use and for any corporate purpose deemed necessary by the governing73
98	98	authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia74
99	99	Annotated, or such other applicable laws as are or may hereafter be enacted;75
100	100	(f) Contracts. To enter into contracts and agreements with other governmental entities and76
101	101	with private persons, firms and corporations;77
102	102	(g) Emergencies. To establish procedures for determining and proclaiming that an78
103	103	emergency situation exists within or without the city, and to make and carry out all79
104	104	reasonable provisions deemed necessary to deal with or meet such an emergency for the80
105	105	protection, safety, health or well-being of the citizens of the city;81
106	106	(h) Environmental Protection. To protect and preserve the natural resources, environment82
107	107	and vital areas of the city, the region, and the state through the preservation and improvement83
108	108	of air quality, the restoration and maintenance of water resources, the control of erosion and84
109	109	sedimentation, the management of stormwater and establishment of a stormwater utility, the85
110	110	management of solid and hazardous waste, and other necessary actions for the protection of86
111	111	the environment;87
112	112	(i) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge88
113	113	or restrict the same; to prescribe fire safety regulations not inconsistent with general law,89
114	114	relating to both fire prevention and detection and to fire fighting; and to prescribe penalties90
115	115	and punishment for violations thereof;91
116	116	(j) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and92
117	117	disposal, and other sanitary service charge, tax, or fee for such services as may be necessary93
118	118	in the operation of the city from all individuals, firms, and corporations residing in or doing94
119	119	H. B. 877
120	120	- 4 - 25 LC 61 0241
121	121	business therein benefitting from such services; to enforce the payment of such charges, taxes
122	122	95
123	123	or fees; and to provide for the manner and method of collecting such service charges;96
124	124	(k) General Health, Safety and Welfare. To define, regulate and prohibit any act, practice,97
125	125	conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and98
126	126	safety of the inhabitants of the city, and to provide for the enforcement of such standards;99
127	127	(l) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any100
128	128	purpose related to powers and duties of the city and the general welfare of its citizens, on101
129	129	such terms and conditions as the donor or grantor may impose;102
130	130	(m) Health and Sanitation. To prescribe standards of health and sanitation and to provide103
131	131	for the enforcement of such standards;104
132	132	(n) Jail Sentences. To provide that persons given jail sentences in the city's court may work105
133	133	out such sentences in any public works or on the streets, roads, drains and other public106
134	134	property in the city, to provide for commitment of such persons to any jail, to provide for the107
135	135	use of pretrial diversion and any alternative sentencing allowed by law, or to provide for108
136	136	commitment of such persons to any county work camp or county jail by agreement with the109
137	137	appropriate county officials;110
138	138	(o) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over111
139	139	all traffic, including parking upon or across the streets, roads, alleys and walkways of the112
140	140	city;113
141	141	(p) Municipal Agencies and Delegation of Power. To create, alter or abolish departments,114
142	142	boards, offices, commissions and agencies of the city, and to confer upon such agencies the115
143	143	necessary and appropriate authority for carrying out all the powers conferred upon or116
144	144	delegated to the same;117
145	145	(q) Municipal Debts. To appropriate and borrow money for the payment of debts of the city118
146	146	and to issue bonds for the purpose of raising revenue to carry out any project, program or119
147	147	venture authorized by this charter or the laws of the State of Georgia;120
148	148	H. B. 877
149	149	- 5 - 25 LC 61 0241
150	150	(r) Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust or
151	151	121
152	152	otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or122
153	153	outside the property limits of the city;123
154	154	(s) Municipal Property Protection. To provide for the preservation and protection of124
155	155	property and equipment of the city, and the administration and use of same by the public; and125
156	156	to prescribe penalties and punishment for violations thereof;126
157	157	(t) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell and dispose of127
158	158	public utilities, including but not limited to a system of waterworks, sewers and drains,128
159	159	sewage disposal, stormwater management, gas works, electric light plants, cable television129
160	160	and other telecommunications, transportation facilities, public airports, and any other public130
161	161	utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties,131
162	162	and to provide for the withdrawal of service for refusal or failure to pay the same;132
163	163	(u) Nuisance. To define a nuisance and provide for its abatement whether on public or133
164	164	private property;134
165	165	(v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the135
166	166	authority of this charter and the laws of the State of Georgia;136
167	167	(w) Planning and Zoning. To provide comprehensive city planning for development by137
168	168	zoning; and to provide subdivision regulation and the like as the city council deems138
169	169	necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;139
170	170	(x) Police and Fire Protection. To exercise the power of arrest through duly appointed140
171	171	police officers, and to establish, operate, or contract for a police and a firefighting agency;141
172	172	(y) Public Hazards: Removal. To provide for the destruction and removal of any building142
173	173	or other structure which is or may become dangerous or detrimental to the public;143
174	174	(z) Public Improvements. To provide for the acquisition, construction, building, operation144
175	175	and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries,145
176	176	markets and market houses, public buildings, libraries, public housing, airports, hospitals,146
177	177	terminals, docks, parking facilities, or charitable, cultural, educational, recreational,147
178	178	H. B. 877
179	179	- 6 - 25 LC 61 0241
180	180	conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies
181	181	148
182	182	and facilities; and to provide any other public improvements, inside or outside the corporate149
183	183	limits of the city; to regulate the use of public improvements; and for such purposes, property150
184	184	may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated,151
185	185	or such other applicable laws as are or may hereafter be enacted;152
186	186	(aa) Public Peace. To provide for the prevention and punishment of loitering, disorderly153
187	187	conduct, drunkenness, riots, and public disturbances;154
188	188	(bb) Public Transportation. To organize and operate such public transportation systems as155
189	189	are deemed beneficial;156
190	190	(cc) Public Utilities and Services. To grant franchises or make contracts for, or impose taxes157
191	191	on public utilities and public service companies; and to prescribe the rates, fares, regulations158
192	192	and standards and conditions of service applicable to the service to be provided by the159
193	193	franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public160
194	194	Service Commission;161
195	195	(dd) Regulation of Roadside Areas. To prohibit or regulate and control the erection,162
196	196	removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and163
197	197	all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads164
198	198	or within view thereof, within or abutting the corporate limits of the city; and to prescribe165
199	199	penalties and punishment for violation of such ordinances;166
200	200	(ee) Retirement. To provide and maintain a retirement plan and other employee benefit167
201	201	plans and programs for officers and employees of the city;168
202	202	(ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of,169
203	203	abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve,170
204	204	maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within171
205	205	the corporate limits of the city; and to grant franchises and rights-of-way throughout the172
206	206	streets and roads, and over the bridges and viaducts for the use of public utilities; and to173
207	207	H. B. 877
208	208	- 7 - 25 LC 61 0241
209	209	require real estate owners to repair and maintain in a safe condition the sidewalks adjoining
210	210	174
211	211	their lots or lands, and to impose penalties for failure to do so; 175
212	212	(gg) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,176
213	213	constructing, equipping, operating, maintaining, and extending of a sewage disposal plant177
214	214	and sewerage system, and to levy on those to whom sewers and sewerage systems are made178
215	215	available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to179
216	216	provide for the manner and method of collecting such service charges and for enforcing180
217	217	payment of the same; and to charge, impose and collect a sewer connection fee or fees to181
218	218	those connected with the system;182
219	219	(hh) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish183
220	220	and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by184
221	221	others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper,185
222	222	and other recyclable materials, and to provide for the sale of such items;186
223	223	(ii) Special Areas of Public Regulation. To regulate or prohibit junk dealers, the187
224	224	manufacture and sale of intoxicating liquors; to regulate the transportation, storage and use188
225	225	of combustible, explosive and inflammable materials, the use of lighting and heating189
226	226	equipment, and any other business or situation which may be dangerous to persons or190
227	227	property; to regulate and control the conduct of peddlers and itinerant traders, theatrical191
228	228	performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and192
229	229	tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult193
230	230	bookstores to certain areas;194
231	231	(jj) Special Assessments. To levy and provide for the collection of special assessments to195
232	232	cover the costs for any public improvements;196
233	233	(kk) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation,197
234	234	and collection of taxes on all property subject to taxation;198
235	235	(ll) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the199
236	236	future by law;200
237	237	H. B. 877
238	238	- 8 - 25 LC 61 0241
239	239	(mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the
240	240	201
241	241	number of such vehicles; to require the operators thereof to be licensed; to require public202
242	242	liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to203
243	243	regulate the parking of such vehicles;204
244	244	(nn) Urban Redevelopment. To organize and operate an urban redevelopment program; and205
245	245	(oo) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and206
246	246	immunities necessary or desirable to promote or protect the safety, health, peace, security,207
247	247	good order, comfort, convenience, or general welfare of the city and its inhabitants; and to208
248	248	exercise all implied powers necessary or desirable to carry into execution all powers granted209
249	249	in this charter as fully and completely as if such powers were fully stated herein; and to210
250	250	exercise all powers now or in the future authorized to be exercised by other municipal211
251	251	governments under other laws of the State of Georgia; and no listing of particular powers in212
252	252	this charter shall be held to be exclusive of others, nor restrictive of general words and213
253	253	phrases granting powers, but shall be held to be in addition to such powers unless expressly214
254	254	prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.215
255	255	SECTION 1.5.216
256	256	Exercise of powers.217
257	257	All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or218
258	258	employees shall be carried into execution as provided by this charter. If this charter makes219
259	259	no provision, such shall be carried into execution as provided by ordinance or as provided220
260	260	by pertinent laws of the State of Georgia.221
261	261	H. B. 877
262	262	- 9 - 25 LC 61 0241
263	263	ARTICLE II
264	264	222
265	265	GOVERNMENT STRUCTURE223
266	266	SECTION 2.1.224
267	267	City council creation; number; election.225
268	268	The legislative authority of the government of this city, except as otherwise specifically226
269	269	provided in this charter, shall be vested in a city council to be composed of a mayor and five227
270	270	councilmembers. The city council established shall in all respects be a successor to and228
271	271	continuation of the governing authority under prior law. The mayor and councilmembers229
272	272	shall be elected at large by the qualified voters of the city in the manner provided by general230
273	273	law and this charter.231
274	274	SECTION 2.2.232
275	275	City council terms and qualifications for office.233
276	276	The mayor and members of the city council shall serve for terms of four years and until their234
277	277	respective successors are elected and qualified. No person shall be eligible to serve as mayor235
278	278	or councilmember unless that person shall have been a resident of the city for 12 months236
279	279	prior to the date of election of mayor or members of the council and is at least 21 years of237
280	280	age; each shall continue to reside therein during that member's period of service and to be238
281	281	registered and qualified to vote in municipal elections of this city.239
282	282	SECTION 2.3.240
283	283	Designation of council posts.241
284	284	(a) The councilmember positions on the city council shall be designated as Council Member,242
285	285	Post No. 1; Council Member, Post No. 2; Council Member, Post No. 3; Council Member,243
286	286	Post No. 4; and Council Member, Post No. 5. A candidate for any councilmember position244
287	287	shall, at the time of qualifying, designate the councilmember position that he or she is245
288	288	H. B. 877
289	289	- 10 - 25 LC 61 0241
290	290	seeking. A candidate for mayor shall, at the time of qualifying, designate that he or she is
291	291	246
292	292	seeking the office of mayor.247
293	293	(b) The mayor and councilmembers in office on the effective date of this charter shall be248
294	294	allowed to serve out the remainder of the terms to which they were elected. Elections shall249
295	295	be held in the year 2025 and thereafter every four years for Posts 3, 4, and 5, such individuals250
296	296	to be elected for four-year terms of office. Elections shall be held in the year 2027 and251
297	297	thereafter every four years for mayor and for Posts 1 and 2, such individuals to be elected for252
298	298	four-year terms of office.253
299	299	SECTION 2.4.254
300	300	Vacancies.255
301	301	(a) A vacancy shall exist if the mayor or a councilmember resigns, dies, moves his or her256
302	302	residence from the city, or is absent from four consecutive regular meetings of the governing257
303	303	authority, except if granted a leave of absence by the council, which leave shall be entered258
304	304	upon the minute books, or if he or she is adjudged incompetent or is convicted of259
305	305	malfeasance in office, or of a felony, or any violation of election laws.260
306	306	(b) A vacancy in the office of mayor or councilmember shall be filled at the next available261
307	307	special election or general election. Such special election shall be called and held in the262
308	308	manner prescribed by Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the263
309	309	"Georgia Election Code," as it now exists or may hereafter be amended.264
310	310	(c) In the case of a vacancy in the office of councilmember, such vacancy may be filled until265
311	311	the next special or general election by a majority vote of the remaining councilmembers;266
312	312	provided, however, that there shall be not more than one appointed councilmember on the267
313	313	city council at any given time.268
314	314	H. B. 877
315	315	- 11 - 25 LC 61 0241
316	316	SECTION 2.5.
317	317	269
318	318	Compensation and expenses.270
319	319	The mayor shall receive as compensation for his or her services $25,000.00 per annum. Each271
320	320	councilmember shall receive as compensation for his or her services $20,000.00 per annum. 272
321	321	The mayor and councilmembers shall also be entitled to be reimbursed for their actual and273
322	322	necessary expenses incurred in the performance of their duties.274
323	323	SECTION 2.6.275
324	324	Conflicts of interest; holding other offices.276
325	325	(a) Elected and appointed officers of the city are trustees and servants of the residents of the277
326	326	city and shall act in a fiduciary capacity for the benefit of such residents.278
327	327	(b) Conflict of Interest - No elected official, appointed officer, or employee of the city or any279
328	328	agency or political entity to which this charter applies shall knowingly:280
329	329	(1) Engage in any business or transaction, or have a financial or other personal interest,281
330	330	direct or indirect, which is incompatible with the proper discharge of that person's official282
331	331	duties or which would tend to impair the independence of the official's judgment or action283
332	332	in the performance of those official duties;284
333	333	(2) Engage in or accept private employment, or render services for private interests when285
334	334	such employment or service is incompatible with the proper discharge of that person's286
335	335	official duties or would tend to impair the independence of the official's judgment or action287
336	336	in the performance of those official duties;288
337	337	(3) Disclose confidential information, including information obtained at meetings which289
338	338	are closed pursuant to Title 50, Chapter 14 of the Official Code of Georgia Annotated,290
339	339	concerning the property, government, or affairs of the governmental body by which the291
340	340	official is engaged without proper legal authorization; or use such information to advance292
341	341	the financial or other private interest of the official or others; 293
342	342	H. B. 877
343	343	- 12 - 25 LC 61 0241
344	344	(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from
345	345	294
346	346	any person, firm or corporation which to the official's knowledge is interested, directly or295
347	347	indirectly, in any manner whatsoever, in business dealings with the governmental body by296
348	348	which the official is engaged; provided, however, that an elected official who is a candidate297
349	349	for public office may accept campaign contributions and services in connection with any298
350	350	such campaign;299
351	351	(5) Represent other private interests in any action or proceeding against this city or any300
352	352	portion of its government; or301
353	353	(6) Vote or otherwise participate in the negotiation or in the making of any contract with302
354	354	any business or entity in which the official has a financial interest.303
355	355	(c) Disclosure - Any elected official, appointed officer, or employee who shall have any304
356	356	financial interest, directly or indirectly, in any contract or matter pending before or within305
357	357	any department of the city shall disclose such interest to the city council. The mayor or any306
358	358	councilmember who has a financial interest in any matter pending before the city council307
359	359	shall disclose such interest and such disclosure shall be entered on the records of the city308
360	360	council, and that official shall disqualify himself or herself from participating in any decision309
361	361	or vote relating thereto. Any elected official, appointed officer, or employee of any agency310
362	362	or political entity to which this charter applies who shall have any financial interest, directly311
363	363	or indirectly, in any contract or matter pending before or within such entity shall disclose312
364	364	such interest to the governing body of such agency or entity.313
365	365	(d) Use of Public Property - No elected official, appointed officer, or employee of the city314
366	366	or any agency or entity to which this charter applies shall use property owned by such315
367	367	governmental entity for personal benefit or profit but shall use such property only in their316
368	368	capacity as an officer or employee of the city.317
369	369	(e) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor318
370	370	any councilmember shall hold any other elective or appointive office in the city or otherwise319
371	371	be employed by said government or any agency thereof during the term for which that320
372	372	H. B. 877
373	373	- 13 - 25 LC 61 0241
374	374	official was elected. No former mayor and no former councilmember shall hold any
375	375	321
376	376	appointive office in the city until one year after the expiration of the term for which that322
377	377	official was elected.323
378	378	(f) Political Activities of Certain Officers and Employees - No appointive officer of the city324
379	379	shall continue in such employment upon qualifying as a candidate for nomination or election325
380	380	to any public office. No employee of the city shall continue in such employment upon326
381	381	qualifying for or election to any public office in this city or any other public office which is327
382	382	inconsistent, incompatible or in conflict with the duties of the city employee. Such328
383	383	determination shall be made by the mayor and council either immediately upon election or329
384	384	at any time such conflict may arise.330
385	385	SECTION 2.7.331
386	386	Inquiries and investigations.332
387	387	Following the adoption of an authorizing resolution, the city council may make inquiries and333
388	388	investigations into the affairs of the city and the conduct of any department, office or agency334
389	389	thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and335
390	390	require the production of evidence. Any person who fails or refuses to obey a lawful order336
391	391	issued in the exercise of these powers by the city council shall be punished as provided by337
392	392	ordinance.338
393	393	SECTION 2.8.339
394	394	General power and authority of the city council.340
395	395	(a) Except as otherwise provided by law or this charter, the city council shall be vested with341
396	396	all the powers of government of this city.342
397	397	(b) In addition to all other powers conferred upon it by law, the council shall have the343
398	398	authority to adopt and provide for the execution of such ordinances, resolutions, rules, and344
399	399	regulations, not inconsistent with this charter and the Constitution and the laws of the State345
400	400	H. B. 877
401	401	- 14 - 25 LC 61 0241
402	402	of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,
403	403	346
404	404	protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity,347
405	405	or well-being of the inhabitants of the City of Fayetteville and may enforce such ordinances348
406	406	by imposing penalties for violation thereof.349
407	407	SECTION 2.9.350
408	408	Eminent domain.351
409	409	The city council is hereby empowered to acquire, construct, operate and maintain public352
410	410	ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,353
411	411	sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports,354
412	412	hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional,355
413	413	penal and medical institutions, agencies and facilities, and any other public improvements356
414	414	inside or outside the city, and to regulate the use thereof, and for such purposes, property357
415	415	may be condemned under procedures established under general law applicable now or as358
416	416	provided in the future.359
417	417	SECTION 2.10.360
418	418	Oath of office.361
419	419	The oath of office to be administered to newly elected members of council and the mayor362
420	420	shall be as follows:363
421	421	"I do solemnly swear (or affirm) that I will faithfully perform the duties of __________ of364
422	422	this city and that I will support and defend the charter thereof as well as the Constitution365
423	423	and laws of the State of Georgia and of the United States of America. I am not the holder366
424	424	of any unaccounted for public money due this state or any political subdivision or authority367
425	425	thereof. I am not the holder of any office of trust under the government of the United368
426	426	States, any other state, or any foreign state which I by the laws of the State of Georgia am369
427	427	prohibited from holding. I am otherwise qualified to hold said office according to the370
428	428	H. B. 877
429	429	- 15 - 25 LC 61 0241
430	430	Constitution and laws of Georgia. I have been a resident of the City of Fayetteville for the
431	431	371
432	432	time required by the Constitution and laws of this state and by the municipal charter. I will372
433	433	perform the duties of my office in the best interest of the City of Fayetteville to the best of373
434	434	my ability without fear, favor, affection, reward, or expectation thereof."374
435	435	SECTION 2.11.375
436	436	Regular and special meetings.376
437	437	(a) The city council shall hold regular meetings at such times and places as shall be377
438	438	prescribed by ordinance.378
439	439	(b) Special meetings of the city council may be held on call of the mayor or three members379
440	440	of the city council. Notice of such special meetings shall be served on all other members380
441	441	personally, or by telephone personally, at least 24 hours in advance of the meeting. Such381
442	442	notice to councilmembers shall not be required if the mayor and all councilmembers are382
443	443	present when the special meeting is called. Such notice of any special meeting may be383
444	444	waived by a councilmember in writing before or after such a meeting, and attendance at the384
445	445	meeting shall also constitute a waiver of notice on any business transacted in such385
446	446	councilmember's presence. Only the business stated in the call may be transacted at the386
447	447	special meeting.387
448	448	(c) All meetings of the city council shall be public to the extent required by law and notice388
449	449	to the public of special meetings shall be made fully as is reasonably possible as provided by389
450	450	Code Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable390
451	451	laws as are or may hereafter be enacted.391
452	452	(d) Except as otherwise provided by law or ordinance, public participation at regular392
453	453	meetings of the city council shall be permitted in accordance with the provisions of this393
454	454	subsection.394
455	455	(1) Public comments: At each regular meeting of the city council, a time for public395
456	456	comment (the "public comment portion"), not to exceed 30 minutes, shall be made396
457	457	H. B. 877
458	458	- 16 - 25 LC 61 0241
459	459	available during which time members of the public may provide public comment on
460	460	397
461	461	matters of public concern related to city business. No public comment portion shall be398
462	462	included at any emergency, special called, or work session meeting of the mayor and399
463	463	council;400
464	464	(A) Each member of the public wishing to address the city council shall have a total401
465	465	of three minutes during which he or she may address the city council. No member of402
466	466	the public may address the council during the public comment portion more than once403
467	467	during any meeting. Each member must disclose his or her name and address for the404
468	468	record.405
469	469	(B) No member of the public shall repeat previously stated comments or opinions406
470	470	previously stated to the city council during the meeting.407
471	471	(C) No member of the public shall be permitted to make personal, impertinent,408
472	472	slanderous or profane remarks to any member of the city council, staff or general409
473	473	public. Any person who makes such remarks, or who utters loud, threatening, personal410
474	474	or abusive language, or engages in any other disorderly conduct which disrupts,411
475	475	disturbs or otherwise impedes the orderly conduct of any meeting shall, at the discretion412
476	476	of the mayor or a majority of the city council, be barred from further audience before413
477	477	the city council during that meeting.414
478	478	(2) Public hearings: For matters required by law, or by ordinance, to be accompanied415
479	479	by a public hearing, such public hearing shall be undertaken in accordance with the416
480	480	applicable law or ordinance requiring such public hearing. To the extent the law or417
481	481	ordinance is silent as to the procedure to be undertaken at such public hearing, the418
482	482	following provisions shall apply:419
483	483	(A) For matters arising under the City of Fayetteville Unified Development Ordinance420
484	484	(UDO), those wishing to speak in favor of the item before the council, including the421
485	485	applicant, shall be given a total of 15 minutes to be heard; those wishing to speak422
486	486	against the item before the council shall be given a total of 15 minutes to be heard. The423
487	487	H. B. 877
488	488	- 17 - 25 LC 61 0241
489	489	city council may extend the time for public hearings arising under the UDO by a
490	490	424
491	491	majority vote of the councilmembers.425
492	492	(B) For other matters requiring a public hearing, but not arising under the UDO, there426
493	493	shall be allotted 30 minutes for public hearing. Each person wishing to be heard on any427
494	494	such matter shall limit his or her presentation to three minutes. All comments made428
495	495	during such public hearing shall relate to the matter pending before the council and429
496	496	shall not repeat previously stated comments and opinions. The city council may extend430
497	497	the time for public hearings by a majority vote of the councilmembers.431
498	498	SECTION 2.12.432
499	499	Rules of procedure.433
500	500	(a) The city council shall adopt its rules of procedure and order of business consistent with434
501	501	the provisions of this charter and shall provide for keeping a journal of its proceedings, which435
502	502	shall be a public record.436
503	503	(b) All committees and committee chairs and officers of the city council shall be appointed437
504	504	by the city council by majority vote from nominations made by the mayor and mayor pro tem438
505	505	and shall serve at the pleasure of the city council. The city council shall have the power to439
506	506	appoint new members to any committee at any time.440
507	507	SECTION 2.13.441
508	508	Quorum; voting.442
509	509	A majority of the councilmembers shall constitute a quorum and shall be authorized to443
510	510	transact business of the city council. Voting on the adoption of ordinances shall be by voice444
511	511	vote and the vote shall be recorded in the journal, but any member of the city council shall445
512	512	have the right to request a roll call vote and such vote shall be recorded in the journal. 446
513	513	Except as otherwise provided in this charter, the affirmative vote of three councilmembers447
514	514	shall be required for the adoption of any ordinance, resolution, or motion.448
515	515	H. B. 877
516	516	- 18 - 25 LC 61 0241
517	517	SECTION 2.14.
518	518	449
519	519	Ordinance form; procedures.450
520	520	(a) Every proposed ordinance should be introduced in writing and in the form required for451
521	521	final adoption. No ordinance shall contain a subject which is not expressed in its title. The452
522	522	enacting clause shall be "It is hereby ordained by the governing authority of the City of453
523	523	Fayetteville" and every ordinance shall so begin.454
524	524	(b) An ordinance may be introduced by any councilmember and be read at a regular or455
525	525	special meeting of the city council. Ordinances shall be considered and adopted or rejected456
526	526	by the city council in accordance with the rules which it shall establish; provided, however,457
527	527	an ordinance shall not be adopted the same day it is introduced, except for emergency458
528	528	ordinances provided in Section 2.16. Upon introduction of any ordinance, the clerk shall as459
529	529	soon as possible distribute a copy to the mayor and to each councilmember and shall file a460
530	530	reasonable number of copies in the office of the clerk and at such other public places as the461
531	531	city council may designate.462
532	532	SECTION 2.15.463
533	533	Action requiring an ordinance.464
534	534	Acts of the city council which have the force and effect of law shall be enacted by ordinance.465
535	535	SECTION 2.16.466
536	536	Emergencies.467
537	537	(a) To meet a public emergency affecting life, health, property or public peace, the city468
538	538	council may convene on call of the mayor or three councilmembers and promptly adopt an469
539	539	emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a470
540	540	franchise; regulate the rate charged by any public utility for its services; or authorize the471
541	541	borrowing of money except for loans to be repaid within 30 days. An emergency ordinance472
542	542	shall be introduced in the form prescribed for ordinances generally, except that it shall be473
543	543	H. B. 877
544	544	- 19 - 25 LC 61 0241
545	545	plainly designated as an emergency ordinance and shall contain, after the enacting clause,
546	546	474
547	547	a declaration stating that an emergency exists, and describing the emergency in clear and475
548	548	specific terms. An emergency ordinance may be adopted, with or without amendment, or476
549	549	rejected at the meeting at which it is introduced, but the affirmative vote of at least a majority477
550	550	of the councilmembers present at the meeting shall be required for adoption. It shall become478
551	551	effective upon adoption or at such later time as it may specify. Every emergency ordinance479
552	552	shall automatically stand repealed 30 days following the date upon which it was adopted, but480
553	553	this shall not prevent reenactment of the ordinance in the manner specified in this section if481
554	554	the emergency still exists. An emergency ordinance may also be repealed by adoption of a482
555	555	repealing ordinance in the same manner specified in this section for adoption of emergency483
556	556	ordinances.484
557	557	(b) Such meetings shall be open to the public to the extent required by law and notice to the485
558	558	public of emergency meetings shall be made as fully as is reasonably possible in accordance486
559	559	with Code Section 50-14-1 of the Official Code of Georgia Annotated, or such other487
560	560	applicable laws as are or may hereafter be enacted.488
561	561	SECTION 2.17.489
562	562	Codes of technical regulations.490
563	563	(a) The city council may adopt any standard code of technical regulations by reference491
564	564	thereto in an adopting ordinance. The procedure and requirements governing such adopting492
565	565	ordinance shall be as prescribed for ordinances generally except that:493
566	566	(1) The requirements of Section 2.14 for distribution and filing of copies of the ordinance494
567	567	shall be construed to include copies of any code of technical regulations, as well as the495
568	568	adopting ordinance; and496
569	569	(2) A copy of each adopted code of technical regulations, as well as the adopting497
570	570	ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.18.498
571	571	H. B. 877
572	572	- 20 - 25 LC 61 0241
573	573	(b) Copies of any adopted code of technical regulations shall be made available by the clerk
574	574	499
575	575	for inspection by the public.500
576	576	SECTION 2.18.501
577	577	Signing; authenticating; recording; codification; printing.502
578	578	(a) The clerk shall authenticate by the clerk's signature and record in full in a properly503
579	579	indexed book kept for that purpose, all ordinances adopted by the council.504
580	580	(b) The city council shall provide for the preparation of a general codification of all the505
581	581	ordinances of the city having the force and effect of law. The general codification shall be506
582	582	adopted by the city council by ordinance and shall be published promptly, together with all507
583	583	amendments thereto and such codes of technical regulations and other rules and regulations508
584	584	as the city council may specify. This compilation shall be known and cited officially as "The509
585	585	Code of the City of Fayetteville, Georgia." Copies of the code shall be furnished to all510
586	586	officers, departments and agencies of the city, and made available for purchase by the public511
587	587	at a reasonable price as fixed by the city council.512
588	588	(c) The city council shall cause each ordinance and each amendment to this charter to be513
589	589	printed promptly following its adoption, and the printed ordinances and charter amendments514
590	590	shall be made available for purchase by the public at reasonable prices to be fixed by the city515
591	591	council. Following publication of the first code under this charter and at all times thereafter,516
592	592	the ordinances and charter amendments shall be printed in substantially the same style as the517
593	593	code currently in effect and shall be suitable in form for incorporation therein. The city518
594	594	council shall make such further arrangements as deemed desirable with reproduction and519
595	595	distribution of any current changes in or additions to codes of technical regulations and other520
596	596	rules and regulations included in the code.521
597	597	H. B. 877
598	598	- 21 - 25 LC 61 0241
599	599	SECTION 2.19.
600	600	522
601	601	Powers and duties of mayor; veto.523
602	602	(a) The mayor shall:524
603	603	(1) Preside at meetings of the city council;525
604	604	(2) Have a vote only in case of a tie;526
605	605	(3) Be the ceremonial head of the city;527
606	606	(4) Sign ordinances and resolutions on their final passage unless vetoed as provided in528
607	607	subsection (b) of this section;529
608	608	(5) Sign deeds, bonds and contracts when authorized by the city council to do so; and530
609	609	(6) Perform other duties required by this charter and ordinances not inconsistent with this531
610	610	charter.532
611	611	(b) The mayor shall have the authority to veto an ordinance or resolution adopted by the city533
612	612	council by filing such veto in writing with the city clerk within five days of the city council534
613	613	meeting at which such ordinance or resolution was adopted. Ordinances or resolutions535
614	614	vetoed by the mayor shall be considered at the next regular meeting of the city council, and536
615	615	the city council may pass the ordinance over the veto by the affirmative vote of four of its537
616	616	members. Such vote shall be taken by ayes and nays and entered upon the minutes of such538
617	617	meeting.539
618	618	SECTION 2.20.540
619	619	Mayor pro tem; selection; duties.541
620	620	At its first regular meeting after new councilmembers have taken office following each542
621	621	general election, the city council shall, by majority vote, elect a councilmember to serve as543
622	622	mayor pro tem. If the city council fails to elect a councilmember to serve as mayor pro tem,544
623	623	the councilmember who received the highest number of votes when last elected shall serve545
624	624	as mayor pro tem. The mayor pro tem shall preside at all meetings of the city council when546
625	625	the mayor is absent. The city council by a majority vote shall elect a new presiding officer547
626	626	H. B. 877
627	627	- 22 - 25 LC 61 0241
628	628	from among its members for any period in which the mayor pro tem is disabled, absent, or
629	629	548
630	630	acting as mayor. Any such absence or disability shall be declared by majority vote of all549
631	631	councilmembers. When serving as mayor, the mayor pro tem shall not vote as a member of550
632	632	the council, except in order to break a tie, but shall be counted to make a quorum.551
633	633	ARTICLE III552
634	634	ADMINISTRATIVE AFFAIRS553
635	635	SECTION 3.1.554
636	636	City manager; appointment; qualifications; compensation.555
637	637	The city council shall appoint a city manager for an indefinite term and shall fix the556
638	638	manager's compensation. The manager shall be appointed solely on the basis of executive557
639	639	and administrative qualifications.558
640	640	SECTION 3.2.559
641	641	Removal of city manager.560
642	642	(a) The city council may remove the manager from office in accordance with the following561
643	643	procedures:562
644	644	(1) The city council shall adopt by affirmative vote of a majority of all its members a563
645	645	preliminary resolution which must state the reasons for removal and may suspend the564
646	646	manager from duty for a period not to exceed 45 days. A copy of the resolution shall be565
647	647	delivered promptly to the manager.566
648	648	(2) Within five days after a copy of the resolution is delivered to the manager, the manager567
649	649	may file with the city council a written request for a public hearing. This hearing shall be568
650	650	held within 30 days after the request is filed. The manager may file with the council a569
651	651	written reply not later than five days before the hearing.570
652	652	H. B. 877
653	653	- 23 - 25 LC 61 0241
654	654	(3) If the manager has not requested a public hearing within the time specified in
655	655	571
656	656	paragraph (2) above, the city council may adopt a final resolution for removal, which may572
657	657	be made effective immediately, by an affirmative vote of a majority of all its members. If573
658	658	the manager has requested a public hearing, the city council may adopt a final resolution574
659	659	for removal, which may be made effective immediately, by an affirmative vote of a575
660	660	majority of all its members at any time after the public hearing.576
661	661	(b) The manager may continue to receive a salary until the effective date of a final resolution577
662	662	of removal.578
663	663	SECTION 3.3.579
664	664	Acting city manager.580
665	665	By letter filed with the city clerk, the manager shall designate, subject to approval of the city581
666	666	council, a qualified city administrative officer to exercise the powers and perform the duties582
667	667	of manager during the manager's temporary absence or physical or mental disability. During583
668	668	such absence or disability, the city council may revoke such designation at any time and584
669	669	appoint another officer of the city to serve until the manager shall return or the manager's585
670	670	disability shall cease.586
671	671	SECTION 3.4.587
672	672	Powers and duties of the city manager.588
673	673	The city manager shall be the chief executive and administrative officer of the city. The589
674	674	manager shall be responsible to the city council for the administration of all city affairs590
675	675	placed in the manager's charge by or under this charter. As the chief executive and591
676	676	administrative officer, the manager shall:592
677	677	(1) Appoint and, when the manager deems it necessary for the good of the city, suspend593
678	678	or remove all city employees and administrative officers the manager appoints, except as594
679	679	otherwise provided by law or personnel ordinances adopted pursuant to this charter. The595
680	680	H. B. 877
681	681	- 24 - 25 LC 61 0241
682	682	manager may authorize any administrative officer who is subject to the manager's direction
683	683	596
684	684	and supervision to exercise these powers with respect to subordinates in that officer's597
685	685	department, office or agency;598
686	686	(2) Direct and supervise the administration of all departments, offices and agencies of the599
687	687	city, except as otherwise provided by this charter or by law;600
688	688	(3) Attend all city council meetings except for closed meetings held for the purposes of601
689	689	deliberating on the appointment, discipline or removal of the city manager and have the602
690	690	right to take part in discussion but not vote;603
691	691	(4) See that all laws, provisions of this charter, and acts of the city council, subject to604
692	692	enforcement by the manager or by officers subject to the manager's direction and605
693	693	supervision, are faithfully executed;606
694	694	(5) Prepare and submit the annual operating budget and capital budget to the city council;607
695	695	(6) Submit to the city council and make available to the public a complete report on the608
696	696	finances and administrative activities of the city as of the end of each fiscal year;609
697	697	(7) Make such other reports as the city council may require concerning the operations of610
698	698	city departments, offices and agencies subject to the manager's direction and supervision;611
699	699	(8) Keep the city council fully advised as to the financial condition and future needs of the612
700	700	city, and make such recommendations to the city council concerning the affairs of the city613
701	701	as the manager deems desirable; and614
702	702	(9) Perform other such duties as are specified in this charter or as may be required by the615
703	703	city council.616
704	704	SECTION 3.5.617
705	705	Council interference with administration.618
706	706	Except for the purpose of inquiries and investigations under Section 2.7, the city council or619
707	707	its members shall deal with city officers and employees who are subject to the direction and620
708	708	H. B. 877
709	709	- 25 - 25 LC 61 0241
710	710	supervision of the manager solely through the manager, and neither the city council nor its
711	711	621
712	712	members shall give orders to any such officer or employee, either publicly or privately.622
713	713	SECTION 3.6.623
714	714	Administrative and service departments.624
715	715	(a) Except as otherwise provided in this charter, the city council, by ordinance, shall625
716	716	prescribe the functions or duties, and establish, abolish, alter, consolidate or leave vacant all626
717	717	nonelective offices, positions of employment, departments, and agencies of the city, as627
718	718	necessary for the proper administration of the affairs and government of this city.628
719	719	(b) Except as otherwise provided by this charter or by law, the directors of departments and629
720	720	other appointed officers of the city shall be appointed solely on the basis of their respective630
721	721	administrative and professional qualifications.631
722	722	(c) All appointive officers and directors of departments shall receive such compensation as632
723	723	prescribed by ordinance or resolution.633
724	724	(d) There shall be a director of each department or agency who shall be its principal officer. 634
725	725	Each director shall, subject to the direction and supervision of the city manager, be635
726	726	responsible for the administration and direction of the affairs and operations of that director's636
727	727	department or agency.637
728	728	(e) All appointive officers and directors under the supervision of the city manager shall be638
729	729	nominated by the city manager with confirmation of appointment by the city council. All639
730	730	appointive officers and directors shall be employees at-will and subject to removal or640
731	731	suspension at any time by the city manager unless otherwise provided by law or ordinance.641
732	732	SECTION 3.7.642
733	733	Boards, commissions, and authorities.643
734	734	(a) The city council shall create by ordinance such boards, commissions and authorities to644
735	735	fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems645
736	736	H. B. 877
737	737	- 26 - 25 LC 61 0241
738	738	necessary, and shall by ordinance establish the composition, period of existence, duties and
739	739	646
740	740	powers thereof.647
741	741	(b) All members of boards, commissions and authorities of the city shall be appointed by the648
742	742	city council for such terms of office and in such manner as shall be provided by ordinance,649
743	743	except where other appointing authority, terms of office, or manner of appointment is650
744	744	prescribed by this charter or by law.651
745	745	(c) The city council, by ordinance, may provide for the compensation and reimbursement652
746	746	for actual and necessary expenses of the members of any board, commission or authority.653
747	747	(d) Except as otherwise provided by charter or by law, no member of any board, commission654
748	748	or authority shall hold any elective office in the city.655
749	749	(e) Any vacancy on a board, commission or authority of the city shall be filled for the656
750	750	unexpired term in the manner prescribed herein for original appointment, except as otherwise657
751	751	provided by this charter or by law.658
752	752	(f) No member of a board, commission or authority shall assume office until that person has659
753	753	executed and filed with the clerk of the city an oath obligating himself to faithfully and660
754	754	impartially perform the duties of that member's office, such oath to be prescribed by661
755	755	ordinance and administered by the mayor.662
756	756	(g) All board members serve at-will and may be removed at any time by three members of663
757	757	the city council unless otherwise provided by law.664
758	758	(h) Except as otherwise provided by this charter or by law, each board, commission or665
759	759	authority of the city shall elect one of its members as chair and one member as vice-chair,666
760	760	and may elect as its secretary one of its own members or may appoint as secretary an667
761	761	employee of the city. Each board, commission or authority of the city government may668
762	762	establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances669
763	763	of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or670
764	764	the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the671
765	765	clerk of the city.672
766	766	H. B. 877
767	767	- 27 - 25 LC 61 0241
768	768	SECTION 3.8.
769	769	673
770	770	City attorney.674
771	771	(a) The city council shall appoint a city attorney, together with such assistant city attorneys675
772	772	as may be authorized, and shall provide for the payment of such attorney or attorneys for676
773	773	services rendered to the city. The city attorney shall be responsible for providing for the677
774	774	representation and defense of the city in all litigation in which the city is a party; may be the678
775	775	prosecuting officer in the municipal court; shall attend the meetings of the council as679
776	776	directed; shall advise the city council, mayor, and other officers and employees of the city680
777	777	concerning legal aspects of the city's affairs; and shall perform such other duties as may be681
778	778	required by virtue of the person's position as city attorney.682
779	779	(b) The city attorney is not a public official of the city and does not take an oath of office. 683
780	780	The city attorney shall at all times be an independent contractor. A law firm, rather than an684
781	781	individual, may be designated as the city attorney.685
782	782	SECTION 3.9.686
783	783	City clerk.687
784	784	The city council shall appoint a city clerk who shall not be a councilmember. The city clerk688
785	785	shall be custodian of the official city seal and city records; maintain city council records689
786	786	required by this charter; and perform such other duties as may be required by the city690
787	787	council.691
788	788	SECTION 3.10.692
789	789	Position classification and pay plans.693
790	790	The city manager shall be responsible for the preparation of a position classification and pay694
791	791	plan which shall be submitted to the city council for approval. Such plan may apply to all695
792	792	employees of the city and any of its agencies, departments, boards, commissions or696
793	793	authorities. When a pay plan has been adopted, the city council shall not increase or decrease697
794	794	H. B. 877
795	795	- 28 - 25 LC 61 0241
796	796	the salary range applicable to any position except by amendment of such pay plan. For
797	797	698
798	798	purposes of this section, all elected and appointed city officials are not city employees.699
799	799	SECTION 3.11.700
800	800	Personnel policies.701
801	801	All employees serve at-will and may be removed from office at any time unless otherwise702
802	802	provided by ordinance.703
803	803	ARTICLE IV704
804	804	MUNICIPAL COURT705
805	805	SECTION 4.1.706
806	806	Creation; name.707
807	807	There shall be a court to be known as the Municipal Court of the City of Fayetteville.708
808	808	SECTION 4.2.709
809	809	Chief judge; other judges.710
810	810	(a) The municipal court shall be presided over by a chief judge and such part-time, full-time,711
811	811	or stand-by judges as shall be provided by ordinance.712
812	812	(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless713
813	813	that person shall have attained the age of 21 years and shall possess all qualifications714
814	814	required by law. All judges shall be appointed by the city council and shall serve until a715
815	815	successor is appointed and qualified.716
816	816	(c) Compensation of the judges shall be fixed by ordinance.717
817	817	(d) Judges shall serve a term and may be removed as provided by general law.718
818	818	(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge719
819	819	will honestly and faithfully discharge the duties of the office to the best of that person's720
820	820	H. B. 877
821	821	- 29 - 25 LC 61 0241
822	822	ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of
823	823	721
824	824	the city council.722
825	825	SECTION 4.3.723
826	826	Convening.724
827	827	The municipal court shall be convened at regular intervals as provided by ordinance.725
828	828	SECTION 4.4.726
829	829	Jurisdiction; powers.727
830	830	(a) The municipal court shall have jurisdiction and authority to try and punish violations of728
831	831	this charter, all city ordinances, and such other violations as provided by law.729
832	832	(b) The municipal court shall have authority to punish those in its presence for contempt,730
833	833	provided that such punishment shall not exceed ten days in jail and a fine as authorized by731
834	834	law.732
835	835	(c) The municipal court may fix punishment for offenses within its jurisdiction not733
836	836	exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and734
837	837	imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now735
838	838	or hereafter provided by law.736
839	839	(d) The municipal court shall have authority to establish a schedule of fees to defray the cost737
840	840	of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and738
841	841	caretaking of prisoners bound over to superior courts for violations of state law.739
842	842	(e) The municipal court shall have authority to establish bail and recognizances to ensure740
843	843	the presence of those charged with violations before said court, and shall have discretionary741
844	844	authority to accept cash or personal or real property as surety for the appearance of persons742
845	845	charged with violations. Whenever any person shall give bail for that person's appearance743
846	846	and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge744
847	847	presiding at such time, and an execution issued thereon by serving the defendant and the745
848	848	H. B. 877
849	849	- 30 - 25 LC 61 0241
850	850	defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the
851	851	746
852	852	event that cash or property is accepted in lieu of bond for security for the appearance of a747
853	853	defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,748
854	854	the cash so deposited shall be on order of the judge declared forfeited to the city, or the749
855	855	property so deposited shall have a lien against it for the value forfeited which lien shall be750
856	856	enforceable in the same manner and to the same extent as a lien for city property taxes.751
857	857	(f) The municipal court shall have the same authority as superior courts to compel the752
858	858	production of evidence in the possession of any party; to enforce obedience to its orders,753
859	859	judgments and sentences; and to administer such oaths as are necessary.754
860	860	(g) The municipal court may compel the presence of all parties necessary to a proper755
861	861	disposal of each case by the issuance of summonses, subpoenas, and warrants which may be756
862	862	served as executed by any officer as authorized by this charter or by law.757
863	863	(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of758
864	864	persons charged with offenses against any ordinance of the city, and each judge of the759
865	865	municipal court shall have the same authority as a magistrate of the state to issue warrants760
866	866	for offenses against state laws committed within the city.761
867	867	SECTION 4.5.762
868	868	Rules for court.763
869	869	With the approval of the city council, the judge shall have full power and authority to make764
870	870	reasonable rules and regulations necessary and proper to secure the efficient and successful765
871	871	administration of the municipal court; provided, however, that the city council may adopt in766
872	872	part or in toto the rules and regulations applicable to municipal courts. The rules and767
873	873	regulations made or adopted shall be filed with the city clerk and shall be available for public768
874	874	inspection.769
875	875	H. B. 877
876	876	- 31 - 25 LC 61 0241
877	877	SECTION 4.6.
878	878	770
879	879	Petitions for review.771
880	880	The right to seek petitions for review from the decision and judgment of the municipal court772
881	881	shall exist in all criminal cases and ordinance violation cases, and such petitions shall be773
882	882	made to the Superior Court of Fayette County under the laws of the State of Georgia774
883	883	regulating appeals to the superior courts.775
884	884	ARTICLE V776
885	885	ELECTIONS AND REMOVAL777
886	886	SECTION 5.1.778
887	887	Applicability of general law.779
888	888	All primaries and elections shall be held and conducted in accordance with the Georgia780
889	889	Election Code (Title 21, Chapter 2 of the Official Code of Georgia Annotated) as now or781
890	890	hereafter amended.782
891	891	SECTION 5.2.783
892	892	Non-partisan elections.784
893	893	Political parties shall not conduct primaries for city offices and all names of candidates for785
894	894	city offices shall be listed without party designations.786
895	895	SECTION 5.3.787
896	896	Election by majority.788
897	897	The person receiving a majority of the votes cast for any city office shall be elected.789
898	898	H. B. 877
899	899	- 32 - 25 LC 61 0241
900	900	SECTION 5.4.
901	901	790
902	902	Other provisions.791
903	903	Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe792
904	904	such rules and regulations it deems appropriate to fulfill any options and duties under the793
905	905	Georgia Election Code.794
906	906	SECTION 5.5.795
907	907	Removal of officers.796
908	908	(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall797
909	909	be removed from office for any one or more of the causes provided in Title 45 of the Official798
910	910	Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.799
911	911	(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished800
912	912	one of the following methods:801
913	913	(1) Following a hearing at which an impartial panel shall render a decision. In the event802
914	914	an elected officer is sought to be removed by the action of the city council, such officer803
915	915	shall be entitled to a written notice specifying the ground or grounds for removal and to a804
916	916	public hearing which shall be held not less than ten days after the service of such written805
917	917	notice. The city council shall provide by ordinance for the manner in which such hearings806
918	918	shall be held. Any elected officer sought to be removed from office as herein provided807
919	919	shall have the right of appeal from the decision of the city council to the Superior Court of808
920	920	Fayette County. Such appeal shall be governed by the same rules as govern appeals to the809
921	921	superior court from the probate court.810
922	922	(2) By an order of the Superior Court of Fayette County following a hearing on a811
923	923	complaint seeking such removal brought by any resident of the city of Fayetteville.812
924	924	H. B. 877
925	925	- 33 - 25 LC 61 0241
926	926	ARTICLE VI
927	927	813
928	928	FINANCE814
929	929	SECTION 6.1.815
930	930	Property tax.816
931	931	The city council may assess, levy and collect an ad valorem tax on all real and personal817
932	932	property within the corporate limits of the city that is subject to such taxation by the state and818
933	933	county. This tax is for the purpose of raising revenues to defray the costs of operating the819
934	934	city government, of providing governmental services, for the repayment of principal and820
935	935	interest on general obligations, and for any other public purpose as determined by the city821
936	936	council in its discretion.822
937	937	SECTION 6.2.823
938	938	Millage rate; due dates; payment methods.824
939	939	The city council, by ordinance, shall establish a millage rate for the city property tax, a due825
940	940	date, and the time period within which these taxes must be paid. The city council, by826
941	941	ordinance, may provide for the payment of these taxes by two installments or in one lump827
942	942	sum, as well as authorize the voluntary payment of taxes prior to the time when due.828
943	943	SECTION 6.3.829
944	944	Occupation and business taxes.830
945	945	The city council, by ordinance, shall have the power to levy such occupation or business831
946	946	taxes as are not denied by law. The city council may classify businesses, occupations or832
947	947	professions for the purpose of such taxation in any way which may be lawful and may833
948	948	compel the payment of such taxes as provided in Section 6.9.834
949	949	H. B. 877
950	950	- 34 - 25 LC 61 0241
951	951	SECTION 6.4.
952	952	835
953	953	Regulatory fees; permits.836
954	954	The city council, by ordinance, shall have the power to require businesses or practitioners837
955	955	doing business within this city to obtain a permit for such activity from the city and pay a838
956	956	reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect839
957	957	the total cost to the city of regulating the activity, and if unpaid, shall be collected as840
958	958	provided in Section 6.9.841
959	959	SECTION 6.5.842
960	960	Franchises.843
961	961	(a) The city council shall have the power to grant franchises for the use of this city's streets844
962	962	and alleys for the purposes of railroads, street railways, telephone companies, electric845
963	963	companies, electric membership corporations, cable television and other telecommunications846
964	964	companies, gas companies, transportation companies and other similar organizations. The847
965	965	city council shall determine the duration, terms, whether the same shall be exclusive or848
966	966	nonexclusive, and the consideration for such franchises; provided, however, no franchise849
967	967	shall be granted for a period in excess of 35 years and no franchise shall be granted unless850
968	968	the city receives just and adequate compensation therefor. The city council shall provide for851
969	969	the registration of all franchises with the city clerk in a registration book kept by the clerk. 852
970	970	The city council may provide by ordinance for the registration within a reasonable time of853
971	971	all franchises previously granted.854
972	972	(b) If no franchise agreement is in effect, the city council has the authority to impose a tax855
973	973	on gross receipts for the use of this city's streets and alleys for the purposes of railroads,856
974	974	street railways, telephone companies, electric companies, electric membership corporations,857
975	975	cable television and other telecommunications companies, gas companies, transportation858
976	976	companies and other similar organizations.859
977	977	H. B. 877
978	978	- 35 - 25 LC 61 0241
979	979	SECTION 6.6.
980	980	860
981	981	Service charges.861
982	982	The city council, by ordinance, shall have the power to assess and collect fees, charges,862
983	983	assessments, and tolls for sewers, sanitary and health services, or any other services provided863
984	984	or made available within and without the corporate limits of the city. If unpaid, such charges864
985	985	shall be collected as provided in Section 6.9.865
986	986	SECTION 6.7.866
987	987	Special assessments.867
988	988	The city council, by ordinance, shall have the power to assess and collect the cost of868
989	989	constructing, reconstructing, widening, or improving any public way, street, sidewalk,869
990	990	curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property870
991	991	owners. If unpaid, such charges shall be collected as provided in Section 6.9.871
992	992	SECTION 6.8.872
993	993	Construction; other taxes and fees.873
994	994	This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,874
995	995	and the specific mention of any right, power or authority in this article shall not be construed875
996	996	as limiting in any way the general powers of this city to govern its local affairs.876
997	997	SECTION 6.9.877
998	998	Collection of delinquent taxes and fees.878
999	999	The city council, by ordinance, may provide generally for the collection of delinquent taxes,879
1000	1000	fees, or other revenue due the city under Sections 6.1 through 6.8 by whatever reasonable880
1001	1001	means as are not precluded by law. This shall include providing for the dates when the taxes881
1002	1002	or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and882
1003	1003	priority of liens; making delinquent taxes and fees personal debts of the persons required to883
1004	1004	H. B. 877
1005	1005	- 36 - 25 LC 61 0241
1006	1006	pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees;
1007	1007	884
1008	1008	and providing for the assignment or transfer of tax executions.885
1009	1009	SECTION 6.10.886
1010	1010	General obligation bonds.887
1011	1011	The city council shall have the power to issue bonds for the purpose of raising revenue to888
1012	1012	carry out any project, program or venture authorized under this charter or the laws of the889
1013	1013	state. Such bonding authority shall be exercised in accordance with the laws governing bond890
1014	1014	issuance by municipalities in effect at the time said issue is undertaken.891
1015	1015	SECTION 6.11.892
1016	1016	Revenue bonds.893
1017	1017	Revenue bonds may be issued by the city council as state law now or hereafter provides. 894
1018	1018	Such bonds are to be paid out of any revenue produced by the project, program or venture895
1019	1019	for which they were issued.896
1020	1020	SECTION 6.12.897
1021	1021	Short-term loans.898
1022	1022	The city may obtain short-term loans and must repay such loans not later than December 31899
1023	1023	of each year, unless otherwise provided by law.900
1024	1024	SECTION 6.13.901
1025	1025	Lease-purchase contracts.902
1026	1026	The city may enter into multiyear lease, purchase or lease-purchase contracts for the903
1027	1027	acquisition of goods, materials, real and personal property, services, and supplies provided904
1028	1028	the contract terminates without further obligation on the part of the municipality at the close905
1029	1029	of the calendar year in which it was executed and at the close of each succeeding calendar906
1030	1030	H. B. 877
1031	1031	- 37 - 25 LC 61 0241
1032	1032	year for which it may be renewed. Contracts must be executed in accordance with the
1033	1033	907
1034	1034	requirements of Code Section 36-60-13 of the Official Code of Georgia Annotated, or other908
1035	1035	such applicable laws as are or may hereafter be enacted.909
1036	1036	SECTION 6.14.910
1037	1037	Fiscal year.911
1038	1038	The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the912
1039	1039	budget year and the year for financial accounting and reporting of each and every office,913
1040	1040	department, agency and activity of the city government unless otherwise provided by state914
1041	1041	or federal law.915
1042	1042	SECTION 6.15.916
1043	1043	Preparation of budgets.917
1044	1044	The city council shall provide an ordinance on the procedures and requirements for the918
1045	1045	preparation and execution of an annual operating budget, a capital improvement plan and a919
1046	1046	capital budget, including requirements as to the scope, content and form of such budgets and920
1047	1047	plans.921
1048	1048	SECTION 6.16.922
1049	1049	Submission of operating budget to city council.923
1050	1050	On or before a date fixed by the city council but not later than 30 days prior to the beginning924
1051	1051	of each fiscal year, the city manager shall submit to the city council a proposed operating925
1052	1052	budget for the ensuing fiscal year. The budget shall be accompanied by a message from the926
1053	1053	city manager containing a statement of the general fiscal policies of the city, the important927
1054	1054	features of the budget, explanations of major changes recommended for the next fiscal year,928
1055	1055	a general summary of the budget, and such other pertinent comments and information. The929
1056	1056	operating budget and the capital budget hereinafter provided for, the budget message, and930
1057	1057	H. B. 877
1058	1058	- 38 - 25 LC 61 0241
1059	1059	all supporting documents shall be filed in the office of the city clerk and shall be open to
1060	1060	931
1061	1061	public inspection.932
1062	1062	SECTION 6.17.933
1063	1063	Action by city council on budget.934
1064	1064	(a) The city council may amend the operating budget proposed by the city manager; except,935
1065	1065	that the budget as finally amended and adopted must provide for all expenditures required936
1066	1066	by state law or by other provisions of this charter and for all debt service requirements for937
1067	1067	the ensuing fiscal year, and the total appropriations from any fund shall not exceed the938
1068	1068	estimated fund balance, reserves, and revenues.939
1069	1069	(b) The city council, by ordinance, shall adopt the final operating budget for the ensuing940
1070	1070	fiscal year not later than the first day of such fiscal year. If the city council fails to adopt the941
1071	1071	budget by this date, the amounts appropriated for operation for the current fiscal year shall942
1072	1072	become the appropriations for the new fiscal year. Adoption of the budget shall take the943
1073	1073	form of an appropriations ordinance setting out the estimated revenues in detail by sources944
1074	1074	and making appropriations according to fund and by organizational unit, purpose, or activity945
1075	1075	as set out in the budget preparation ordinance adopted pursuant to Section 6.15.946
1076	1076	(c) The amount set out in the adopted operating budget for each organizational unit shall947
1077	1077	constitute the annual appropriation for such, and no expenditure shall be made or948
1078	1078	encumbrance created in excess of the otherwise unencumbered balance of the appropriations949
1079	1079	or allotment thereof, to which it is chargeable.950
1080	1080	SECTION 6.18.951
1081	1081	Tax levies.952
1082	1082	The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates953
1083	1083	set by such ordinances shall be such that reasonable estimates of revenues from such levy954
1084	1084	shall at least be sufficient, together with other anticipated revenues, fund balances and955
1085	1085	H. B. 877
1086	1086	- 39 - 25 LC 61 0241
1087	1087	applicable reserves, to equal the total amount appropriated for each of the several funds set
1088	1088	956
1089	1089	forth in the annual operating budget for defraying the expenses of the general government957
1090	1090	of this city.958
1091	1091	SECTION 6.19.959
1092	1092	Changes in appropriations.960
1093	1093	The city council, by ordinance, may make changes in the appropriations contained in the961
1094	1094	current operating budget, at any regular meeting, special or emergency meeting called for962
1095	1095	such purpose, but any additional appropriations may be made only from an existing963
1096	1096	unexpended surplus.964
1097	1097	SECTION 6.20.965
1098	1098	Capital budget.966
1099	1099	(a) On or before the date fixed by the city council but no later than 30 days prior to the967
1100	1100	beginning of each fiscal year, the city manager shall submit to the city council a proposed968
1101	1101	capital improvements plan with a recommended capital budget containing the means of969
1102	1102	financing the improvements proposed for the ensuing fiscal year. The city council shall have970
1103	1103	power to accept, with or without amendments, or reject the proposed plan and proposed971
1104	1104	budget. The city council shall not authorize an expenditure for the construction of any972
1105	1105	building, structure, work or improvement, unless the appropriations for such project are973
1106	1106	included in the capital budget, except to meet a public emergency as provided in974
1107	1107	Section 2.16.975
1108	1108	(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal976
1109	1109	year not later than the first day of such fiscal year. No appropriation provided for in a prior977
1110	1110	capital budget shall lapse until the purpose for which the appropriation was made shall have978
1111	1111	been accomplished or abandoned; provided, however, the city manager may submit979
1112	1112	amendments to the capital budget at any time during the fiscal year, accompanied by980
1113	1113	H. B. 877
1114	1114	- 40 - 25 LC 61 0241
1115	1115	recommendations. Any such amendments to the capital budget shall become effective only
1116	1116	981
1117	1117	upon adoption by ordinance.982
1118	1118	SECTION 6.21.983
1119	1119	Independent audit.984
1120	1120	There shall be an annual independent audit of all city accounts, funds and financial985
1121	1121	transactions by a certified public accountant selected by the city council. The audit shall be986
1122	1122	conducted according to generally accepted auditing principles. Any audit of any funds by987
1123	1123	the state or federal governments may be accepted as satisfying the requirements of this988
1124	1124	charter. Copies of annual audit reports shall be available to the public, upon payment of such989
1125	1125	costs as required by Code Section 50-18-70, et seq. of the Official Code of Georgia990
1126	1126	Annotated.991
1127	1127	SECTION 6.22.992
1128	1128	Contracting procedures.993
1129	1129	No contract with the city shall be binding on the city unless:994
1130	1130	(1) It is in writing;995
1131	1131	(2) It is drawn by or submitted to and reviewed by the city attorney, and as a matter of996
1132	1132	course, is signed by the city attorney to indicate such drafting or review; and997
1133	1133	(3) It is made or authorized by the city council and such approval is entered in the city998
1134	1134	council journal of proceedings pursuant to Section 2.12.999
1135	1135	SECTION 6.23.1000
1136	1136	Centralized purchasing.1001
1137	1137	The city council may by ordinance prescribe procedures for a system of centralized1002
1138	1138	purchasing for the city.1003
1139	1139	H. B. 877
1140	1140	- 41 - 25 LC 61 0241
1141	1141	SECTION 6.24.
1142	1142	1004
1143	1143	Sale and lease of city property.1005
1144	1144	(a) The city council may sell and convey, or lease any real or personal property owned or1006
1145	1145	held by the city for governmental or other purposes as now or hereafter provided by law.1007
1146	1146	(b) The city council may quitclaim any rights it may have in property not needed for public1008
1147	1147	purposes upon report by the city manager and adoption of a resolution, both finding that the1009
1148	1148	property is not needed for public or other purposes and that the interest of the city has no1010
1149	1149	readily ascertainable monetary value.1011
1150	1150	(c) Whenever in opening, extending or widening any street, avenue, alley or public place of1012
1151	1151	the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract1013
1152	1152	or boundary of land owned by the city, the city council may authorize the city manager to sell1014
1153	1153	and convey said cut-off or separated parcel or tract of land to an abutting or adjoining1015
1154	1154	property owner or owners where such sale and conveyance facilitates the enjoyment of the1016
1155	1155	highest and best use of the abutting owner's property. Included in the sales contract shall be1017
1156	1156	a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting1018
1157	1157	property owner shall be notified of the availability of the property and given the opportunity1019
1158	1158	to purchase said property under such terms and conditions as set out by ordinance. All deeds1020
1159	1159	and conveyances heretofore and hereafter so executed and delivered shall convey all title and1021
1160	1160	interest the city has in such property, notwithstanding the fact that no public sale after1022
1161	1161	advertisement was or is hereafter made.1023
1162	1162	H. B. 877
1163	1163	- 42 - 25 LC 61 0241
1164	1164	ARTICLE VII
1165	1165	1024
1166	1166	GENERAL PROVISIONS1025
1167	1167	SECTION 7.1.1026
1168	1168	Prior ordinances.1027
1169	1169	All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent1028
1170	1170	with this charter are hereby declared valid and of full effect and force until amended or1029
1171	1171	repealed by the city council.1030
1172	1172	SECTION 7.2.1031
1173	1173	Pending matters.1032
1174	1174	Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1033
1175	1175	contracts and legal or administrative proceedings shall continue and any such ongoing work1034
1176	1176	or cases shall be completed by such city agencies, personnel or offices as may be provided1035
1177	1177	by the city council.1036
1178	1178	SECTION 7.3.1037
1179	1179	Construction.1038
1180	1180	(a) Section captions in this charter are informative only and are not to be considered as a part1039
1181	1181	thereof.1040
1182	1182	(b) The word "shall" is mandatory and the word "may" is permissive.1041
1183	1183	(c) The singular shall include the plural, the masculine shall include the feminine, and vice1042
1184	1184	versa.1043
1185	1185	H. B. 877
1186	1186	- 43 - 25 LC 61 0241
1187	1187	SECTION 7.4.
1188	1188	1044
1189	1189	Severability.1045
1190	1190	If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1046
1191	1191	held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1047
1192	1192	or impair other parts of this charter unless it clearly appears that such other parts are wholly1048
1193	1193	and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1049
1194	1194	legislative intent in enacting this charter that each article, section, subsection, paragraph,1050
1195	1195	sentence or part thereof be enacted separately and independent of each other.1051
1196	1196	SECTION 7.5.1052
1197	1197	Effective date.1053
1198	1198	This Act shall become effective on July 1, 2025.1054
1199	1199	SECTION 7.6.1055
1200	1200	Specific repealer.1056
1201	1201	(a) An Act to reincorporate the City of Fayetteville in the County of Fayette, approved1057
1202	1202	March 4, 1970 (Ga. L. 1970, p. 2243), is hereby repealed in its entirety and all amendatory1058
1203	1203	acts thereto are likewise repealed in their entirety.1059
1204	1204	(b) An Act to create a restated charter for the City of Fayetteville, adopted September 12,1060
1205	1205	1997 (Ga. L. 1997, p. 4756), is hereby repealed in its entirety and all amendatory acts thereto1061
1206	1206	are likewise repealed in their entirety.1062
1207	1207	SECTION 7.7.1063
1208	1208	General repealer.1064
1209	1209	All laws and parts of laws in conflict with this Act are repealed.1065
1210	1210	H. B. 877
1211	1211	- 44 -