06 LC 38
0094
Senate
Bill 608
By:
Senator Douglas of the 17th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing a new charter for the City of Social Circle in the County
of Walton, approved May 5, 2005 (Ga. L. 2005, p. 3627); to provide for
corrections; to provide for an oath, rules, and procedures; to provide for rules
and regulations; to provide for taxation, licenses, and fees; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act providing a new charter for the City of Social Circle in the County of
Walton, approved May 5, 2005 (Ga. L. 2005, p. 3627), is amended by striking the
description of Tract 1, 2004 Tax Map 154, Parcel 1 in subsection (b) of
Section 1.11 and inserting in its place the following:
"Tract
1, 2004 Tax Map 154, Parcel 1
All
that certain tract or parcel of land lying and being in Walton County, Georgia
containing 98.50 acres, more or less, and being bounded on the Northeast by the
right-of-way of Hightower Trail, bounded on the Northwest, now or formerly, by
Donald G. Loggins, bounded on the Southeast, now or formerly, by the Estate
of Elizabeth B. Burt, and bounded on the Southwest, now or formerly, by Andrew
A. Elloitt and Lesley D. Everrett, et. al. This being the same property
conveyed to Johan Wyers in Deed Book 770, Page 455, Walton County Superior
Court,
Clerḱs
Office."
SECTION
2.
Said
Act is further amended by striking paragraphs (6), (8), (13), (21), (28), (33),
(35), and (42) of subsection (b) of Section 1.12 and inserting in their place
the following:
"(6)
Business regulation and taxation. To levy and to provide for the collection of
regulatory fees and taxes on privileges, occupations, trades, and professions;
to license and regulate the same; to provide for the manner and method of
payment of such licenses and taxes; and to revoke such licenses after due
process for failure to pay any city fees or
taxes;"
"(8)
Condemnation. To condemn property, both inside and outside the corporate limits
of the city, for present or future use and for any corporate purpose deemed
necessary by the governing authority, utilizing procedures enumerated in Title
22 of the O.C.G.A. or such other applicable laws as are or may hereafter be
enacted; to acquire, construct, operate, and maintain public ways, parks and
playgrounds, recreational facilities, cemeteries, markets and market houses,
public buildings, libraries, public housing, airports, hospitals, terminals,
docks, parking facilities, and charitable, cultural, educational, recreational,
conservation, sport, curative, correctional, detention, penal, and medical
institutions, agencies, and facilities, and any other public improvements inside
and outside the corporate limits of the city and to regulate the use thereof;
and, for such purposes, to condemn property under procedures established under
general law applicable now or as provided in the
future;"
"(13)
Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash
collection and disposal and other sanitary service charge, tax, or fee for such
services as may be necessary in the operation of the city from all individuals,
firms, and corporations residing in said city or doing business therein and
benefiting from such services; to enforce the payment of such charges, taxes, or
fees; and to provide for the manner and method of collection for such service
charges;"
"(21)
Municipal property ownership. To acquire, dispose of, and hold in trust or
otherwise any real, personal, or mixed property, in fee simple or lesser
interest, inside and outside the corporate limits of the
city;"
"(28)
Public hazards; removal. To provide for the destruction, repair, and removal of
any building or other structure which is or may become dangerous, hazardous, or
detrimental to the
public;"
"(33)
Regulation of roadside areas. To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings,
and any and all other structures or obstructions upon or adjacent to the rights
of way of streets and roads or within view thereof, within the corporate limits
of the city; and to prescribe penalties and punishment for violation of such
ordinances;"
"(35)
Roadways. To lay out, open, extend, widen, narrow, establish or change the
grade of, abandon or close, construct, pave, maintain, repair, clean, prevent
erosion of, and light the roads, alleys, and walkways within the corporate
limits of the city; to negotiate and execute leases over, through, under, or
across any city property or the right of way of any street, road, alley, and
walkway or portion thereof within the corporate limits of the city for bridges,
passageways, or any other purpose or use between buildings on opposite sides of
the street and for other bridges, overpasses, and underpasses for private use at
such location and to charge a rental therefor in such manner as may be provided
by ordinance; to authorize and control the construction of bridges, overpasses,
and underpasses within the corporate limits of the city; to grant franchises and
rights of way throughout the streets and roads and over the bridges and viaducts
for the use of public utilities and for private
use;"
"(42)
Trees. To adopt and enforce ordinances for the protection and preservation of
trees on the streets, public places, cemeteries, private property in the case of
a new development, and parks in said city and to prevent the cutting, impairing,
or mutilation thereof by telephone, cable, or electric light linemen or
employees or any other person unless the same is done under and with the express
and formal consent of the mayor and city council or some officer appointed by
them to direct the same and then only when absolutely necessary for the public
service or
safety;"
SECTION
3.
Said
Act is further amended by striking Section 2.17 and inserting in its place a new
section to read as follows:
"SECTION
2.17.
Organizational meetings.
Organizational meetings.
The
mayor and city council shall hold an organizational meeting on the second Monday
of their term of office, unless such date falls on a holiday, then on the third
Monday. The meeting shall be called to order by a legal officer of the court,
and the oath of office shall be administered to the mayor and councilmembers as
follows: 'I do solemnly swear or affirm that I will support the Constitution of
the United States and the State of Georgia, the Charter, the Code of the City of
Social Circle; that I will, to the best of my ability, faithfully perform the
duties of the office of Councilmember (or Mayor) during my continuance therein;
I do further solemnly swear or affirm that I am not the holder of any public
money due this state unaccounted for; that I am not the holder of any office of
trust under the government of the United States, nor of either of the several
states, nor of any foreign state, and that I am otherwise qualified to hold said
office, according to the Constitution of the United States and of this State.
So help me
God!'"
SECTION
4.
Said
Act is further amended by striking subsection (b) of Section 2.21 and inserting
in its place a new subsection to read as follows:
"(b)
An ordinance may be introduced by any councilmember and be read at a regular or
special meeting of the mayor and city council. Ordinances shall be considered
and adopted or rejected by the mayor and city council in accordance with the
rules which they shall
establish."
SECTION
5.
Said
Act is further amended by striking Section 2.22 and inserting in its place a new
section to read as follows:
"SECTION
2.22.
Action requiring an ordinance or resolution.
Action requiring an ordinance or resolution.
Acts
of the mayor and city council that have the force and effect of law shall be
enacted by ordinance, resolution, or
motion."
SECTION
6.
Said
Act is further amended by striking subsection (a) of Section 2.24 and inserting
a new subsection to read as follows:
"(a)
The mayor and city council may adopt any standard code of technical regulations
by reference thereto in an adopting ordinance. The procedure and requirements
governing such adopting ordinance shall be as prescribed for ordinances
generally except that a copy of each adopted code of technical regulations, as
well as the adopting ordinance, shall be authenticated and recorded by the city
clerk pursuant to Section 2.25 this
charter."
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.