LC 28 76265

offers the following

substitute to HB 514:

A BILL TO BE ENTITLED
AN ACT

To inborporate the City of South Fulton in Fulton County, Georgia; to provide a charter for

the City of South Fulton; to provide for incorporation, boundaries, and powers of the city;

to provide for a governing authority of such city and the powers, duties, authority, election,

terms, method of

from office relative to members of such governing authority; to provide for inquiries and
investigations; to provide for organization and procedures; to provide for ordinances and

filling vacancies, compensation, qualifications, prohibitions,

and removal

codes; to provide for the offices of mayor and city manager and certain duties and powers

relative to those offices; to provide for admirustrative responsibilities; to provide for boards,

commissions, and authorities; to provide for

city attorney,

city clerk,

city treasurer, and

10

other personnel; to provide for rules and regulations; to provide for a municipal
court and the

11

judge orjudges thereof; to provide for practices and procedures;

to provide for taxation and
fees; to provide for franchises, service charges, and assessments; to provide
for bonded and
other indebtedness; to provide for accounting and budgeting; to provide
for prlrchases; to
provide for the sale of property; to provide for general homestead
exemption; to provide

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13

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15

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for

bonds for officials; to provide for definitions and construction;

to provide for other matters
relative to the foregoing; to provide for a referendum; to provide
effective dates; to provide
for transition of powers and duties; to provide for directory nature
of dates; to provide for a
charter commission; to provide for severability; to repeal
conflicting laws; and for other
purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF

GEORGIA:

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LC 28 76265

2l

ARTICLE

INCORPORATION AND POWERS

22

SECTION

23

1..10.

24

Incorporation.

25

The City of South Fultolr in Fulton County is incorporated by the enactment of this charter

26

and is constituted and dpclared a body politic and corporate under the name of the "City of

21

South Fulton." Referen,ces in this charter to "the city" or "this city" refer to the City of South

28

Fulton. The city shall triave perpetual existence.

l'

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SECTION 1.11.

30

Corporate boundaries.

(ity

31

The boundaries of tfre

32
JJ

County Industrial District, as such exist on July 1, 2Ol5;

iFulton
provided, however, thatl if the local constitutional amendment establishing the Fulton County

34

Industrial District is nolrepealed prior to the first municipal election being conducted under

35

this charter, the Fulton County Industrial District shall not become apartof the City of South

36
31

F'ulton. The boundaleJ of the city are more particularly described in Appendix A, attached
t'
to and made a part of ttiis charter. The city clerk shall maintain a current map and written

38

legal description of the

of South Fulton shall include all unincorporated areas of Fulton

County, including the

39

boundaries of the city, and such map and description shall

iorporate
incorporate any changep which may hereafter be made in such corporate boundaries.

40

SECTION 1".12.

41

Municipal powers.

42

(a) This city

43

Constitution and laws of this state as fulty and completely

44

enumerated

45

otherwise prohibited

46

(b)

47

mention or failure to mfntion particular powers shall not be construed as limiting in any way

48

the powers of this city. jSaia powers shall include, but are not limited to, the following:

shatl havle all powers possible for a city to have under the present or future
I

as

though they were specifically

in this chrirter. This city shall have all the powers of self-government not
bf this charter or by general law.

The powers of thi$ city shall be construed liberally in favor of the

city. The specific

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(1) Air

and water

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flollution. To regulate the emission of smoke or other exhaust which

pollutes the air urd] to prevent the pollution of natural streams which flow within the

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corporate limits of the city;

LC 28 7 6265
52
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(2) Animal regulations. To regulate and license or to prohibit the keeping or running at
in violation of
large of animals and fowl and to provide for the impoundment of same if

55

gift, or humane
any ordinance or lawful order; to provide fbr the disposition by sale,
and to
destruction of animals and fowl when not redeemed as provided by ordinance;

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provide punishment for violation of ordinances enacted under this paragraph;

54

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(3) Appropriations and expenditures. To make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes

59

by
authorized by this charter and for any purpose for which a municipality is authorized

60

this city;
the laws of the State of Georgia; and to provide for the payment of expenses of

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(4) Building regulations. To regulate and to license the erection

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and construction

of

buildings and all other structures not inconsistent with general law; to adopt building,
regulate
housing, plumbing, electrical, gas, and heating and air conditioning codes; and to

65

all housing and building trades except as otherwise prohibited by general law;
(5) Rusiness regulation and taxation. To levy and to provide for the collection of license

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fees and taxes on privileges, occupations, trades, and professions; to license and regulate

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the same; to provide for the manner and method of payment of such licenses and taxes;

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and to revoke such licenses after due process for the failure to pay any city taxes or fees;

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(6) Condemnation. To condemn property, inside or outside the corporate limits of the

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city, for present or future use and for any corporate purpose deemed neiessary by the

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governing authority, utilizing procedures enumeratedin Title22of the O.C-G.A. or such

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other laws as are or may hereafter be enacted;

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(1) Contracts. To enter into contracts

74

entities and with private persons, firms, and corporations;

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(8)

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emergency situation exists inside or outside the city and to make and carry out all

71

reasonable provisions deemed necessary to deal with or meet such an emergency for the

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protection, safety, health, or well-being of the citizens of the city;

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(g)

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environment, and vital areas of the city, the region, and the state through the preservation

81

and improvement of air quality, the restoration and maintenance of water resources, the

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control of erosion and sedimentation, the management of storm water and establishment

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of a storm-water utility, the management of solid

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necessary actions for the protection of the environment;

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(10) Ethics. To

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municipal elected officials, appointed officials, and employees, establishing procedures

87

for handling ethics complaints, and setting forth penalties for violations of such rules and

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procedures;

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and agreements with other governments and

Emergencies. To establish procedures for determining and proclaiming that an

Environmental protection.

To protect and preserve the natural

resources,

and hazatdous waste, and other

adopt ethics ordinances and regulations governing the conduct of

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LC 28 76265

91

to time to extend'
(11) Fire regulations. To fix and establish fire limits and from time
not inconsistent with
enlarge, or restrict the same; to prescribe fire safety regulations,
fire fighting; and to
general law relating to both fire prevention and detection and to

92

prescribe penalties and punishment for violations thereof;

89

90

94

trash collection
(12) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and
for such services as may be
and disposal and other sanitary service charge, tax, or fee

95

necessary

93

in the operation of the city from all individuals, firms, and corporations

97

such services; to enforce

residing in or doing business within the city and benefiting from
for the manner and method
the payment of such charges, taxes, or fees; and to provide

98

of collecting such service charges;

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101

prohibit any act'

General health, safety, and welfare. To define, regulate, and
health' sanitation'
practice, conduct, or use of property which is detrimentai to the
to provide for the
cleanliness, welfare, and safety of the inhabitants of the city and

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enforcement of such standards;

99
100

103

104

(13)

for
(14) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source
general welfare of its
any pulpose related to the powers and duties of the city and the

106

citizens on such terms and conditions as the donor or grantor may impose;
(15) Health and sanitation. To prescribe standards of health and sanitation within the

107

city and to provide for the enforcement of such standards;

108

(16)

109

homestead exemptions to residents

110

Assembly;

111

(17) Jail sentences. To provide that persons given jail sentences in the municipal court

105

Homestead exemption.

To establish and maintain

procedures

for offering

of the city as authorized by Act of the General

115

drains, and
may work out such sentences in any public works or on the streets, roads,
persons to any
other public property of the city; to provide for the commitment of such
jail; to provide for the use of pretrial diversion and any alternative senteneing allowed by
law; or to provide for the commitment of such persons to any county work camp or

116

county jail by agreement with the appropriate county officials;

117

(1g) Motor vehicles. To regulate the operation of motor vehicles and exercise control

118

over all traffic, including parking, upon or across the streets, roads, alleys, and walkways

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of the city;

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(19)

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Municipal agencies and delegation of power. To create, altel, or abolish

upon
departments, boards, offices, commissions, and agencies of the city and to confer

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the powers
such agencies the necessary and appropriate authority for carrying out all

123

conferred upon or delegated to the same;

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LC 28 7 6265

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payment of debts of the

(20) Municipal debts. To appropriate and borrow money for the
out any project'
city and to issue bonds for the pu{pose of raising Ievenue to carry

128

State of Georgia;
program, of venture authorized by this charter or the laws of the
in trust or
(21) Municipal property ownership. To acquire, dispose of, lease, and hold
or lesser interest' inside or
otherwise any real, personal, or mixed property, in fee simple

129

outside the property limits of the city;

130

(22) Municipal property protection. To provide for the preservation

126

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131

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133

134

and protection

of

of same by the public;

property and equipment of the city and the administration and use
'and
to prescribe penalties and punishment for violations thereof;
and dispose
(23) Municipal utilities. To acquire, lease, construct, operate, maintain, sell'
and
including, but not limited to, a system of waterworks' sewors'

of public utilities,

136

facilities, public
drains, sewage disposal, gas works, electric plants, transportation
rates, fares' fees'
airports, and any other public utility; and to fix the taxes, charges,

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provide
assessments, regulations, and penalties therefor; and to

135

for the withdrawal of

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extension of water,
service for refusal or failure to pay the same; and to authorize the
appurtenances by which
sewerage, and electrical distribution systems, and all necessary
the city; and to
said utilities are distributed, inside and outside the corporate limits of

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the
provide utility services to persons, fi-rms, and corporations inside and outside

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corporate limits of the city as provided by ordinance;

143

public
(24) Nuisances. To define a nuisance and provide for its abatement whether on

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or private proPertY;

138

139

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146

to
(25) penalties. To provide penalties for violation of any ordinances adopted pursuant
the authority of this charter and the laws of the state of Georgia;

148

(26) Planning and zoning. To provide comprehensive cityplanning for developmentby

deems
zoning and to provide subdivision regulation and the like as the city council

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pleasing community;
necessary and reasonable to ensure a safe, healthy, and esthetically

147

151

(27) Police and fire protection. To exercise the power of arrest through duly appointed
police officers and to establish, operate, or contract for a police and a fire-fighting

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agency;

153

(2g) public

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to the
building or other structure which is or may become dangerous or detrimental

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public;

156

(2g) public improvements. To provide for the acquisition,

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158
159
160

hazards; removal. To provide for the destruction and removal

of

any

construction, building,

facilities,
operation, and maintenance of public ways, parks, playgrounds, recreational
public housing,
cemeteries, markets and market houses, public buildings, libraries,
educational,
airports, hospitals, terminals, docks, parking facilities, or charitable, cultural,
and medical
recreational, conservation, sport, curative, corrective, detentional; penal,

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LC 28 76265

16t

inside or
institutions, agencies, and facilities; to provide any other public improvements

162

and,
outside the corporate limits of the city; to regulate the use of public improvements;

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for such pulposes, property may be acquired by condemnation under Title 22 of the

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O.C.G.A. or such other applicable laws as are or may hereafter be enacted;

(30) public peace. To provide for the prevention and punishment of loitering, disorderly

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conduct, drunkenness, riots, and public disturbances;

167

(31)

168

transportation systems as are deemed beneficial;

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(32) Public utilities and services. To grant

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utilities and public services and to prescribe the rates, fares, regulations, and the standards

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and conditions of service applicable to the service to be provided by the franchise grantee

172

or contractor, insofar as not in conflict with valid regulations of the Public Service

773

Commission;

114

(33) Regulation of roadside

175

removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any

116

and all other structures or obstructions upon or adjacent to the rights of way of streets and

177

roads or within view thereof, inside or abutting the corporate timits of the city and to

118

prescribe penalties and punishment for violation of such ordinances;

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(34) Retirement. To provide and maintain

180

of the city;

181

(35) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade

182

of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise

183

improve, maintain, repair, clean, prevent erosion of, and light the roads, alIeys, and

184

walkways within the corporate limits of the city; and to negotiate and execute leases over,

185

through, under, or across any city property or the right of way of any street, road, alley,

186

and walkway or portion thereof within the corporate limits of the city for bridges,

187

passageways, or any other purpose or use between buildings on opposite sides of the

188

street and for other bridges, overpasses, and underpasses for private use at such location

189

and to charge a rental therefor in such manner as may be provided by ordinance; and to

190

authorize and control the construction of bridges, overpasses, and underpasses within the

191

corporate limits of the city; and to grant franchises and rights of way throughout the

192

streets and roads and over the bridges and viaducts for the use of public utilities and

1,93

private use; and to require real estate owners to repair and maintain in a safe condition

794

the sidewalks adjoining their lots or lands and to impose penalties for failure to do so;

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(36) Sewer fees. To levy a fee, charge, or sewer tax

196

constructing, equipping, operating, maintaining, and extending of a sewage disposal plant

197

and sewerage system; to levy on those to whom sewers and sewerage systems are made

164

Public transportation. To organize and operate or contract for such public

franchises or make contracts for public

a.reas. To prohibit or regulate and control the erection,

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retirement plan for officers and employees

as necessary

for

to assure the acquiring,

LC 28 76265
198

199

200
201

202

availability or use of the sewers; to

available a sewer service fee, charge, or tax for the
charge; and to impose on
provide for the manner and method of collecting such service
to the system;
and collect a sewer connection fee or fees from those connected
garbage, rubbish'
(37) Solid waste disposal. To provide for the collection and disposal of
garbage, rubbish, and refuse by
and refuse and to regulate the collection and disposal of

204

aluminum' cardboard'
others; and to provide for the separate collection of glass, tin,
items;
paper, and other recyclable materials and provide for the sale of such

205

(38) Special

206

intoxicating liquors'
pain management clinics, the manufacture, sale, oI transportation of

203

207
208

209
210

areas of public regulation. To regulate or prohibit

junk dealers, pawnshops,

and use of combustible'

and the use of firearms; to regulate the transportation, storage,
equipment' and any
explosive, and inflammable materials, the use of lighting and heating

property; to regulate
other business or situation which may be dangerous to persons or
conduct of peddlers and itinerant traders, theatrical performances,

and control the

212

tax, regulate,
exhibitions, and shows of any kind, by taxing or otherwise; and to license,
entertainment,
or prohibit professional fortunetelling, palmistry, adult bookstores, adult

213

and massage parlors;

214

(39) Special assessments. To levy and provide for the collection of special assessments

215

to cover the costs of any public improvement;

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216

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218
219
220
221

222
223

224
225
226

(40) Taxes (ad valorem). To levy and provide for the assessment, valuation, revaluation,
that:
and collection of taxes on all property subject to taxation; provided, however,

(A)

For all years, the millage rate imposed for ad valorem taxes on real property for

operating budget purposes shall not exceed 13.469 unless a higher limit is
of the
recommended by resolution of the city council and approved by a majority
qualified voters of the city voting in a referendum; provided, however, that for the
rate
purposes of compliance with Code Section 48-8-91 of the O.C.G.A., the millage
rate
may be adjusted upward for the sole purpose of complying with the millage
rollback provisions set forth therein. For the purposes of this subparagraph, the term

"qualified voters" means those voters of the city who are qualified to vote in city
question
elections and cast a vote for or against such measure in such referendum. The

228

be
to be presented to the voters in the referendum on increasing the millage rate shall
,,Do you approve increasing taxes on residential and nonresidential property for City

229

of South Fulton property owners by raising from [current millage rate] to [proposed

221

231

millage ratel the operating budget millage rate, which was capped in the original charter
the city?" If such millage rate increase is approved by the qualified voters of the

232

City of South Fulton voting in the referendum, the new rate shall become the maximum

230

233

234

for

limit until changed again by resolution of the city council and approval by a majority
of the qualified voters of the City of South Fulton voting in a referendum.

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LC 28 76265

231

contrary' during the first five

Notwithstanding any provision of this paragraph to the
the millage rate higher
years of existence, the city shall not be authorized to increase
of the
for the purposes of complying with code section 48-8-91

238

o.c.G.A.;

239
240

(B) For all years, the fair market value of all property subject to taxation
as provided in
determined according to the tax digest of Fulton county,

241

Section 48-5-352 of the O'C.G.A'; and

242

(C) For all years,

23s
236

tharr 14.469 except

shall be
code

for municipal ad
the billing date or dates and due date or dates

244

taxes;
valorem taxes shall be the same as for Fulton county ad valorem
as may be allowed now oI in the
(4 i ) Taxes (other). To levy and collect such other taxes

245

future by law;

246

(42) Taxrcabs. To regulate

247

248

to be licensed; to require public

number of such vehicles; to require the operators thereof
by ordinance; and to
insurance on such vehicles in the amounts to be prescribed

249

regulate the parking of such vehicles;

250

program;
(43) Urban redevelopment. To organize and operate an urban redevelopment

25r

and

243

252
253

254
255
256
251

258

to limit the
and license vehicles operated for hire in the city;

liability

privileges'
(44) Other powers. To exercise and enjoy all other powers, functions, rights,
protect the safety, health, peace'
and immunities necessary or desirable to promote or
of the city and its
security, good order, comfort, convenience, or general welfare
all implied powers necessary to cafry into execution all powers
inhabitants; to exercise

were fully stated in this

granted in this charter as fully and completely as if such powers
to be exercised by
charter; and to exercise all powers now or in the future authorized
of Georgia; and no listing of
other municipal govefnments under other laws of the State

260

others, nor restrictive of

particular powers in this charter shall be held to be exclusive of
in addition to such
general words and phrases granting powers, but shall be held to be

26t

or applicable
powers unless expressly prohibited to municipalities under the constitution

262

laws of the State of Georgia.

259

263

SECTION 1.13.

264

Exercise of Powers.

265

agencies' or
All powers, functions, rights, privileges, and immunities of the city, its officers,

266

employees shall be carried into execution as provided by this charter.

267

ordinance or as provided
no provision, such shall be carried into execution as provided by

268

by pertinent laws of the State of Georgia.

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If this charter

makes

LC 28 7 6265
ARTICLE

269

II

210

GOVERNMENT STRUCTURE, ELECTIONS, AND RE,MOVAL

277

SECTION 2.I0.

212

City council creation; composition; number; election.

otherwise specifically

213

(a) The legislative authority of the government of this city, except

274

provided in this charter, shall be vested in a city council to be composed of a mayor and

215

seven councilmembers.

216
277

(b) The mayor and councilmembers shall serve for terms of four years and until their
respective successors are elected and qualified, except as otherwise provided in

278

subsection (d) of Section 2.11 of this charter. No person shall be eligible to serve as mayor

279

or councilmember unless that person shall have been a resident of the area comprising the

280

City of South Fulton for 12 months immediately preceding the election of mayor or

28t

councilmembers, shall have attained the age of

282

in the case of councilmembers, shall have been

283

seeks election for six months at the time of qualifying for election; each such person shall

284

continue to reside within the city and, in the case of councilmembers, within the district from

285

which he or she was elected during said period of service and shall be registered and

286

qualified to vote in municipal elections of this city. The mayor may reside anywhere within

287

the

288

mayor or councilmember unless such person shallfile

289

city that such person desires his or her name to be placed on said ballot as a candidate either

290

for mayor or councilmember. No perso4 shall be eligible for the office of mayor or

291

councilmember unless such person shall

292

Chapter 2 of Title

city. No person's name shall be listed

2l
a

years

as

prior to the date of qualifying, and,

resident of the district from which he or she

as a candidate on the
a

ballot for election for either

written notice with the clerk of said

file said notice within

the time provided for in

2l of the O.C.G.A., the "Georgia Election Code."

293

(cX1) The mayor shall be limited to serving three fulI, consecutive four-year terms of

294

office.

295

(2) Councilmembers

296

(3)

291

initial term of office under subsection (d) of Section 2.1,1 of this charter or who fill an

298

unexpired term shall not be considered to have served a fuIl term of office for the

299

purposes of this subsection

shall be limited to serving three full, consecutive terms of office.

Persons who serve terms of less than four years as a result of being elected to an

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LC 28 7 6265
SECTION z.LL.

300

Elections.

301

304

and laws of Georgia

(a) At any election, all persons who are qualified under the Constitution
Georgia and who are bona fide residents of
to vote for members of the General Assembly of
such city shall be eligible to qualify as
the area comprising the city of south Fulton or of

305

voters in the election.

306

(b)

301

Title2lof

308

such rules and regulations it deems

charter, the city council shall, by ordinance, prescribe
Election Code'"
appropriate to fulfill any options and duties under the "Georgia

302
303

309
310
311

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313

314
315

3t6
317

318

3t9
320
321
322
323

A11

with chapter 2 of
primaries and elections shall be held and conducted in accordance
o.c.G.A., the,,GeorgiaElectioncode." Exceptas otherwiseprovidedbythis
the

Fulton shall consist

(c) For the purpose of electing members of the council, the city of south
charter, which is attached and
of seven council districts as described in Appendix B of this
that no territory described in
incorporated into this charter by reference; provided, however,
districts that has been annexed into
such council districts shall be included in such council
that the territory known as
other municipalities before July l,2Ol5; and provided, further,
council districts unless the
Fulton County Industrial District shall not be included in such
the

prior to the first municipal

local constitutional amendment creating such district is repealed
to the council other
being conducted under this charter. Each candidate for election
election

seeks to represent' but such

than the mayor must reside in the council district he or she
A11 elections for all
districts shalr be residency districts onry and not voting districts.

city'
councilmembers shall be at large by the voters of the entire
in
(d) The first election for mayor and councilmembers shall be a special election held
said election, the mayor and
conjunction with the 2ol6presidential preference primary' At
be elected for initial terms
councilmembers elected from council Districts 2,4, and 6 shall

328

on December 3 1 , 20 1 9 ' The

of office beginning immediately after their election and expiring
be elected for initial terms
councilmembers elected from Council Districts 1, 3, 5, and 7 shall
31' 20L7 '
of office beginning immediately after their election and expiring on December
(0 of this section, their successors
Thereafter, at the elections provided for by subsection
serve until their successors are
shall be elected for terms of four years. A11 members shall

329

elected and qualified.

330

(e) The mayor and each councilmember, for the special

331

qualified electors of the city

election for mayor and councilmember, shall be elected by the

324

325
326
327

election and each subsequent

at large.

with the 2016

JJJ

(f) A special election shall be held on the date of and in conjunction

334

presidential preference primary

335

council shall be elected

subsection (d) of this section. At such election, the first mayor and

to elect the first mayor and council as provided in

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LC 28 16265

341

subsection (d) of this section. Thereafter',

ro serve for the initial terms of office specified in
shafl be on the Tuesday next following the
the time for hordins regurar municipar erections
year beginning rn20l7 ' The successors
first Monday in Novernber of each odd-numbered
successors shallbe elected atthe municipal
to the first mayor and councilmembers and future
terms of office and shall take
election immediately preceding the expiration of the respective
their election for terms of four yea-rs
on the first day of January immediately following

342

and until their successors are elected and qualified.

343

(g) All municipal elections shall be nonpartisan and without primaries'

336
337
338

339
340

office

344

SECTION 2.L2.

345

Vacancies in office'

347

the incumbent's death'

(a) The office of mayor or councilmember shall become vacant upon
in any mannef authorized by this
resignation, forfeiture of office, or romoval from office

348

charter or the general laws of the State of Georgia'

346

350

any manner authorized

(b) upon the suspension from office of mayor or councilmember in
or those remaining shall appoint
by the general laws of the State of Georgia, the city council

351

a successor

352

provided in subsection (c) of this section'

the office shall become vacant and shall be filled as

353

354

the city
(c) In the event that the office of mayor or councilmember shall become vacant'
balance of the unexpired
council or those remaining shall order a special election to fill the

355

term of such official; provided, however,

349

permanent' then
for the duration of the suspension. If the suspension becomes

if

such vacancy occurs within 12 months of the

351

remaining shall
expiration of the term of that office, the city council or those members
respects, the special election
appoint a successor for the remainder of the term. In all other

358

Title
shall be held and conducted in accordance with Chapter 2 of

359

"Georgia Election Code," as now or hereafter amended'

356

SECTION

360

2l of the O'C'G'A''

the

2.1.3.

Election bY majoritY vote'

36t

366

of the votes cast in the

The candidates for mayor and councilmember who receive a majority
no candidate receives a
applicable election shall be elected to a term of office. In the event
be held between
majority of the votes cast in any of said elections, a run-off election shall
run-off election shall be held
the two candidates receiving the highest number of votes. Such
is postponed by court
at the time specified by state election law, unless such run-off date

367

order.

362
363
364
365

- 11-

LC 28 7 6265
SECTION 2.I4.

368

ComPensation and expenses'

369

370

31t

the annual salary for each

The annual salary of the mayol sha1l be $23,000'00 and
from municipal funds in
shall be $13,000'00' Such salary shall be paid
councilmember

5t3

for the reimbursement of expenses

monthly installments. The city council may provide
members of the city council in carrying
actuarly and necessarily incurred by the mayor and

374

out their official duties.

372

375

SECTION 2.I5.

376

Prohibitions.

377

any agency or political

(a) No elected official, appointed officer, or employee of the city or
entity to which this charter applies shall knowingly:

318

380

personal interest'
(1) Fngage in any business or transaction or have a financial or other
of official duties or
or indirect, which is incompatible with the proper discharge

381

judgment or action in the

which would tend to impair the independence of his or her

382

performance of official duties;

383

(2)

384
385

proper discharge of official duties

such employment or service is incompatible with the
of his or her judgment or action in the

386

performance of official duties;

379

d,irect

services for private interests when

Engage in or accept private employment or render

or would tend to impair the independence

389

or affairs of
(3) Disclose confidential information concerning the property, governmont'
legal authorization or use such
the governmental body by which engaged without proper
of himself or herself or
information to advance the financial or other private interest

390

others;

391

(4) Accept any valuable gift, whether in the form of service,

387

388

loan, object' or promise'

393

is interested, directly
from any person, firm, or corporation which to his or her knowledge
with the governmental body
or indirectly, in any manner whatsoever in business dealings

394

official who is
by which he or she is engaged; provided, however, that an elected

395

and services in connection

candidate for public office may accept campaign contributions

396

with

397

city or any
(5) Represent other private interests in any action or proceeding against this

398

portion of its government; or

392

399
400

anY such camPaign;

with
(6) Vote or otherwise participate in the negotiation or in the making of any contract
any business or entity in which he or she has a financial interest'

t2-

LC 28 76265
any private financial
appointed officer, or employee who has
or within any
indirectly, in any contract or matter pending before

40i

(b) Any elected official,

402

interest, directly or

403
404
405

406
407

408
409

410

4Lt
412

4t3

interest to the city council' The mayor of

department of the city shall disclose such private
in any matter pending before the city council
any councilmember who has a private interest
shall be entered on the records of the
shall disclose such private interest and such disclosure
from participating in any
city council, and he or she shall disqualify himself or herself
appointed officer, or employee of any
decision or vote relating thereto., Any elected official,
applies who shall have any private financial
agency or political entity to which this charter
matter pending before or within such entity
interest, directly or indirectly, in any contract or
body of such agency or entity'
shall disclose such private interest to the governing
or any agency or entity to
(c) No elected official, appointed officer, or employee of the city
such governmental entity for personal
which this charter applies shall use property owned by
with policies promulgated by the city
benefit, convenience, or profit, except in accordance

4r6

council or the governing body of such agency or entity'

or implied' of
(d) Any violation of this section which occurs with the knowledge, express
contract or sale voidable at the option of the city
a party to a contract or sale shall render said

417

council.

414

4t5

420

any other elective city

(e) Except as authorized by law, no member of the council sha1l hold
The provisions of this
office or other city employment during the term for which elected'
date of this
not apply to any person holding employment on the effective

421

Act.

418
419

subsection shall

422

SECTION 2.16.

423

Removal of officers'

provided for in this charter

a councilmember, or other appointed officers

424

(a) The mayor,

425

the following causes:

shall be removed from office for any one or more of

426

(1)Incompetence,misfeasance,ormalfeasanceinoffice;

427

(2) Conviction of a crime involving moral turpitude;

428

(3) Failure at any time to possess any qualifications of office

429

or by law;

430

(4)KnowinglyviolatingSection2.l5oranyotherexpressprohibitionofthischarter;

43t

or
(5) Abandonment of office or neglect to perform the duties thereof;

432

(6) Failure for any other cause to perform the duties of office

433

or by state law.

as

provided by this charter

as required

by this charter

434

shall be accomplished
(b) Removal of any officer pursuant to subsection (a) of this section

435

by one of the following methods:

13-

LC 2816265
436
437

438
439

440

In the event an
the vote of five councilmembers after an investigative hearing.
such officer shall
elected officer is sought to be removed by the action of the city council,
to a
a written notice specifying the ground or grounds for removal and

(1) By

be entitled to

public hearing which shall be held not less than ten days after the service of such written
notice. Any elected officer sought to be removed from office as provided in this section

442

Superior Court
shall have the right of appeal from the decision of the city council to the
govefn appeals to
of Fulton county. such appeal shall be governed by the same rules as

443

the superior court from the probate court; or

444

(Z) By an order of the Superior Court of Fulton County following

445

complaint seeking such removal brought by any resident of the city of South Fulton'

446

ARTICLE IIT

441

ORGANIZATION OF GOVERNMENT, GENERAL

448

AUTHORITY, AND ORDINANCES

449

SECTION 3.10.

450

General Power and authoritY.

451

(a) Except as otherwise provided by this charter, the city council shall be vested with all the

452

powers of government of this city as provided by Article I of this charter.

453

(b) In addition to all other powers conferred upon it by law, the city council shall have the

454
455

authority to adopt and provide for the execution of such ordinances, resolutions, rules, and
regulations, not inconsistent with this charter and with the Constitution and the laws of the

456

State of Georgia, which

457

order, protection of

458

prosperity, or well-being of the inhabitants of the City of South Fulton and may enforce such

459

ordinances by imposing penalties for violations thereof.

460

(c)

46t

abolish, merge, or consolidate offices, positions of employment, departments, and agencies

462

of the city as it shall deem necessary for the proper administration of the affairs of the

463

government of the city. The council shall prescribe the functions and duties of departments,

464

offices, and agencies; may provide that the same person shallfill any number of offices or

465

positions of employment; and may transfer or change the functions and duties of offices,

466

positions of employment, departments, and agencies of the city.

467

(d) The operations

468

the city shall be distributed among such divisions or bureaus as may be provided by

469

ordinance of the city council. Each department shall consist of such officers, employees, and

441

a hearing on

it shall deem necessdr), expedient, or helpful for the peace, good

life and property, health, welfare, sanitation, comfort,

convenience,

Except for the office of city manager, the city council, by resolution, may establish,

and responsibilities of each department now or hereafter established in

-14-

LC 28 76265
410

positions of employment as may be provided by this charter or by ordinance and shall be

471

subject to the general supervision and guidance of the mayor and councilmembers.

412

(e) In all cases, unless otherwise prohibited by this charter or by state 1aw, those functions

413

and duties necessary for the efficient and proper administration of the affairs of government

474

of the city may be provided through intergovernmental agreements or private contracts or

475

bot"h.

SECTION

476

3.1.1.

Organization.

477

shall hold an organtzational meeting not later than the first regular

478

(a) The city council

479

meeting in January following an election. The meeting shall be called to order by the

480

mayor-elect, and the oath of office shall be administered to the newly elected mayor and

48l

councilmernbers

482

Chapter 3 of Title 45 of the O.C.G.A. and the following oath:

by a judicial officer arthorrzed to administer the oaths required by

I will faithfully perform the duties of (mayor)

483

"I do solemnly

484

(councilmember) of this city and that I will support and defend the charter thereof as wbll

485

as the

(swear) (affirm) that

Constitution and laws of the State of Georgia and of the United States of America."

Following the induction of the mayor and councilmembers, the city council, by

486

(b)

487

majority vote, shall elect a councilmember to serve as mayor pro tempore. The mayor pro

488

tempore shall assume the official duties and powers of the mayor during any disability or

489

absence

490

absence shall be declared by a majority vote of the city council.

of the mayor, as set forth in Section 3.30 of this charter. Any such disability or

491

SBCTION 3,I2.

492

Inquiries and investigations.

493

The city council may make inquiries and investigations into the affairs of the city and the

494

conduct of any department, office, or agency thereof and for this purpose may subpoena

495

witnesses, administer oaths, take testimony, and require the production of evidence. Any

496

person who fails or refuses to obey a lawful order issued in the exercise of these powers by

491

the council shall be punished as provided by ordinance.

-15-

LC 28 7 6265
SECTION

498

3.1.3.

Meetings.

499

502

(a) The city council shall, at least once during each calendar month, hold regular meetings
recess any such
at such times and places as prescribed by ordinance. The council may
hour it may fix and
regular meeting and continue such meeting on any weekday or at any

503

at any regular
may transact any business at such continued meeting as may be transacted

504

meeting.

505

(b)

500
501

507

four members
Special meetings of the city council may be held on call of the mayor or
of the city council. Notice of such special meeting shall be served on all other members
such
personally, or by telephone personally, at least 48 hours in advance of the meeting'

508

notice to councilmembers shall not be required

506

if

the mayor and all councilmembers are

510

may be
present when the special meeting is called. Such notice of any special meeting
at the
waived by a councilmember in writing before or after such a meeting and attendance

511

meeting shail also constitute a waiver

512

at the
councilmember,s presence. only the business stated in the call may be transacted

513

special meeting.

5t4

(c)

515

to the public of special meetings shall be given as required by law.

509

A11

of notice on any business

transacted

in

such

meetings of the city council shall be public to the extent required by law and,notice

516

SECTION 3.L4.

5t7

Procedures.

519

(a) The city council shall adopt its rules of procedure and order of business consistent with
which
the provisions of this charter and shall provide for keeping a journal of its proceedings

520

shall be a public record.

521

(b)

522

appointed as prescribed by ordinance or resolution of the city council.

518

Al1 committees and committee chairpersons and officers of the city council shall be

523

SECTION 3.15.

524

Voting.

otherwise provided in subsection (c) of this section, four councilmembers shall

525

(a) Except

526

constitute a quorum and shall be authorizedto transact the business of the city council. For

527

voting and quorum purposes, the mayor shall be counted as one of the councilmembers.

528
529

as

Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded
in the journal, but any member of the city council shall have the right to request a roll-call

-t6-

LC 28 7 6265
530
531

532

abstain from
the journal. No councilmember shall
vote and such vote sharl be recorded in
upon
or if absent when a motion being voted
voting except in the case of a conflict of interest
explanation of the conflict' and the
was made. The councilmember shall provide a specific

535

explanation shall be recorded in the journal'

vote of a majority of the
(b) Except as otherwise provided in this charter, the affirmative
adoption of any ordinance' resolution' or
councilmembers present shall be required for the

536

motion.

533

534

537

538
539

of councilmembers holding
(c) In the event vacancies in office result in less than a quorum
shall constitute a quorum and shall be
office, then the remaining councilmembers in office
of the city council. A vote of a majority of the remaining
authorized to transact business

540

of any ordinance, resolution' or motion'

councilmembers shall be required for the adoption

541

SECTION 3.16.
Ordinances.

542

543

544
545

546
547
548
549

in writing and in the format

proposal for a new or amended ordinance shaIl be
a subject which is not expressed in
required for final adoption. No ordinance shall contain
city of South Fulton hereby
its title. The enacting clause shall be "The council of the

(a) Any

ordains ..." and every ordinance shall so begin'

at a
(b) A new or amended ordinance may be proposed by the mayor or councilmember
shall be considered and adopted
regurar or special meeting of the city council. ordinances
the rules which it shall establish; provided'
or rejected by the city council in accordance with

553

day it is introduced' except for

however, an ordinance shall not be adopted the same
this charter. After adoption of any
emergency ordinances provided for in Section 3.1g of
forward an appropriately formatted
ordinance, the city clerk shall, as soon as possible,
to facilitate
that entity or agency that the city has retained

554

of all city ordinances'

the codification and online viewing and download

550
551

552

version of the adopted ordinance to

555

SECTION 3.I7.

5s6

Effect of ordinances'

551

of law shall be enacted by ordinance.

Acts of the city council which have the force and effect

-t7

LC 2B 76265
558

SECTION 3.18.

559

Emergencies.

560

To meet a public emergency affecting life, health, property, orpublic peace, the city council

56t

may convene on call of the mayor or four councilmembers and may promptly adopt an

562

emergency ordinance, but such ordinance shall not levy taxes; grarlt, renew, or extend a

563

franchise; regulate the rate charged by any public utility for its services; or authorize the

564

borrowing of money except for loans to be repaid within 30 days. An emergency ordinance

565

shall be introduced in the form prescribed for ordinances generally, except that

566

plainly designated as an emergency ordinance and shall contain, after the enacting clause,

567

a declaration stating that an emergency exists and describing the emergency in clear and

s68

specific terms. An emergency ordinance may be adopted, with or without amendment, or

569

rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the

510

councilmembers present shall be required

577

adoption

512

automatically stand repealed 30 days following the date upon which it was adopted, but this

513

shall not prevent reenactment of the ordinance in the manner specified in this section if the

574

emergency continues to exist. An emergency ordinance shall also be repealed by adoption

575

of a repealing

576

emergency ordinances.

for adoption. It shall become effective upon

or at such later time as it may specify. Every

ordinance

in the

it shall be

same manner specified

517

SECTION 3.I9.

578

Codes.

emergency ordinance shall

in this section for adoption of

579

(a) The city council

580

thereto in an adopting ordinance. The procedure and requirements governing such adopting

581

ordinance shall be as prescribed for ordinances generally except that: (1) the requirements

582

of subsection (b) of Section 3.16 of this charter for distribution and filing of copies of the

583

ordinance shall be construed to include copies of any code of technical regulations, as well

584

as the adopting ordinance; and (2) a copy

585

well

586

to Section 3.20 of this charter.

587

(b) Any adopted

588

viewing, and download in the same manner

589

Section 3.16 of this charter and shall otherwise be made available for review and copying

590

upon request in accord with Code Section 50-18-70, et seq., of the O.C.G.A.

as the

may adopt any standard code of technical regulations by reference

of each adopted code of technical regulations,

as

adopting ordinance, shall be authenticated and recorded by the city clerk pursuant

code of technical regulations shall be forwarded for online codification,

as

provided for ordinances in subsection (b) of

18-

LC 28 7 6265
SECTION 3.20.

591

Codification of ordinances'

592

593

594
595

596
597

(a) The city clerk shall authenticate by the city

clerk's signature and record in

full in a

adopted by the council'

properly indexed book kept for that purpose all ordinances
of allthe ordinances
(b) The city shall provide for the preparation of a general codification
generar codification shall be adopted by
of the city having the force and effect of raw. The
together with all amendments
city council by ordinance and shall be published promptly
the

601

regulations and other rules and regulations

thereto and shau contain such codes of technicar
sha[ be known and cited officially as "The
as the city council may specify. This compilation
of the code shall be furnished to all
code of the city of south Fulton, Georgia." copies
be made availabie for purchase by
officers, departments, and agencies of the city and shall

602

thepublicatareasonablepriceasfixedbythecitycouncil'

598
599
600

603

604
605
606
607

608
609

each amendment to this charter to be

(c) The city council shall cause each ordinance and
oI agency that the city has retained
promptly delivered in an appropriate format to that entify
download of all city ordinances, charter
to facilitate the codification and online viewing and
charter amendments' and technical
amendments, and technical regulations' Ordinances,
format for viewing and copying at the
regulations shall otherwise be available in hard copy
50-18-70, et seq" of the o'c'G'A'
office of the city clerkin conformance with code section
and at all times thereafter' the
Following publication of the first code under this charter

611

available, whether in electronic or hard

ordinances and charter amendments shall be made
code then in effect and shall be suitable
copy format, in substantially the same style as the

612

shall make such further

in form for incorporation within the code. The city council

610

614

and distribution of any changes in or

arrangements as deemed desirable with reproduction
rures and regulations included in the
additions to codes of technical regurations and other

615

code.

6t3

6t6

SECTION 3.2I.

611

Submission of ordinances to the mayor'

618
619

by the city council shail be

Every ordinance, resolution, or other action adopted
days forlowing the adoption of such
presented to the mayor for signature within five business

(a)

621

The mayor shall have the right to

ordinance, resolution, or other action by the city council'
with the procedure set forth
veto any ordinance adopted by the city council, in accordance

622

in this section.

623

shall return it to
(b) The mayor, within ten business days following receipt of an ordinance,
veto' If an ordinance
with or without the mayor's approval or with the mayor's

620

624

the city clerk

-t9-

LC 28 76265
625
626
621

has been approved by the mayof or

if it is returned to the city clerk

neither approved nor

the city clerk' However, if the mayor fails

disapproved, it shall become law upon its return to
days of receipt, it shall become
to return an ordinance to the city clerk within ten business

629

If the ordinance is vetoed by

law at 12:00 Midnight on the tenth business day after receipt.
the city clerk' the reasons for the
the mayor, the mayor shall submit to city council, through

630

the date of its delivery to and

mayor,s veto. The city clerk shall record upon the ordinance

637

its receipt from the mayor.

628

632
633

the next

(c) An ordinance vetoed by the mayor shall automatically be on the agenda at

If the minimum number of
reguiar meeting of the city council for reconsideration.

635

are not present, the action may be

councilmembers necessaly to vote to override the veto
of councilmembers are
continued until the next meeting at which such minimum number

636

present. The city council may oveffide

631

has been vetoed by the mayor by the

638

including the maYor.

639

(d) In addition,

640

any ordinance or resolution.

634

64t
642

by the mayor and adopt any ordinance that

affirmative votes of at least five councilmembers, not
a veto

of appropriation in
the mayor may disapprove or reduce any item or items
The approved part or parts of any ordinance or resolution

parts disapproved or reduced shali

making appropriations shall become 1aw, and the part or
over the mayor's veto as
not become law unless subsequently passed by the city council

644

such ordinance or
provided herein. The disapproved or reduced part or parts of any
and shall not become
resolution shali be presented to the city council as though disapproved

645

(c) of this section'

law unless overridden by the city council as set forth in subsection

643

646

SECTION 3.22.

641

Powers and duties of maYor'

648
649
650

a member of
(a) The mayor shall be the chief executive officer of the city government and
for the efficient and orderly
and the presiding officer of the city council and responsible
affairs. The mayor shall be responsible for the enforcement of

administration of the city,s

652

The mayor may conduct

laws, rules, regulations, ordinances, and franchises in the city'
and shall have such powers
inquiries and investigations into the conduct of the city's affairs

653

ordinance consistent with this

and duties as specified in this charter or as may be provided by

654

charter.

655

(b) The mayor shall:

6st

6s6

(1) preside at all meetings of the city council

651

and

658

Section 3.30 of this charter;

in the mayor's

and participate therein as a voting member,

forth in
absence, the mayor pro tempore shall preside as set

-20-

LC 28 76265
659

(2) Be the head of the city for the pufpose of service of process

and for ceremonial

660

the city and the chief advocate of policy;

purposes and be the official spokesperson for

661

(3) Have power to administer oaths and execute affidavits;

662

(a) Sign as a matter of course on behalf of the city all written

and approved contracts'

664

by the city which by law are

ordinances, resolutions, and other instruments executed
delegate contract signing authority to the
required to be in writing. The city council may

66s

city manager to the extent allowed by law;

666

(5)

661

(6) Vote

668

than a veto override;

669

by the city council

(7) Obtain short-term loans in the name of the city when authorized

670

to do so;

663

all laws and ordinances of the city are faithfully executed;

questionbefore the council other
on any motion, resolution, ordinance, or other

See that

612

councilmembers
(B) Have the authority to appoint city council committees and appoint
departments of the city, subject to
to oversee and report on the functions of the various

673

confirmation bY the citY council;

61t

614

place designated for

(9) Require the city manager to meet with him or her at a time and

616

consultation and advice upon the affairs of the city;

judge of municipal court' city clerk'
(10) Nominate the city manager, city attorney, chief

677

city council; provided' however' that

and city treasurer, subject to ratification by the

675

if

681

or the mayor fails to offer a

the mayor's nomination is rejected by the city council
of the city council;
nomination, nominations may be offered by members
meeting of the city council which shall
(1 1) Prepare or have prepared an agenda for each
councilmember, the city manager' and
include all business submitted by the mayor, any

682

the city attorneY; and

683

(12) Fulfiil

684

adopted ordinances.

678
679
680

by this charter and duly

and perform such other duties as are imposed

685

SECTION 3.23.

686

CitY manager; aPPointment;

687

qualifications ; compens ation; removal'

term and shall set the city

shan nominate a city manager for an indefinite

688

(a) The mayor

689

manager's initial compensation, subject

690

that person's executive and administrative

manager sha[ be nominated sorery on the basis of

69t

qualifications.

to confirmation by the city council' The city

692

of the city manager from

(b) The mayor or a councilmember may recommend the removal

693

office in accordance with the following procedures:

-21 -

LC 28 t 6265
694
695

adoptby affirmative vote

(1) In response to such recommendation, the city council shall
for
preliminary resolution which must state the reasons
of a majority of all its members

697

a period not to exceed 45 days'

removal and may suspend the city manager from duty for
manager;
A copy of the resolution shall be delivered promptly to the city

698

manager''that
(2) Within ten days after acopy of the resolution is delivered to the city

699

for
person may file with the city council a written request

700

10t

The city manager may file with the

shall be held within 30 days after the request is filed.
hearing; and
a written reply not later than five days before the

102

(3) If the city

696

703
704
105
706

public hearing' This hearing

city council

time specified in
manager has not requested a public hearing within the
a final resolution for removal'
paragraph (2) of this subsection, the city council may adopt
vote of a majority of all its
which may be made effective immediately, by an affirmative
the city council may adopt
members. If the city manager has requested a public hearing,
may be made effective immediately, by an

a final resolution for removal, which

708

after the public hearing'

affirmative vote of a majority of an its members at any time
effective
(c) The city manager shall continue to receive the city manager's salary until the

709

date of a final resolution of removal.

707

170

SECTION 3.24.

1tl

Acting citY manager'

712
713

1t4
715

or in the absence of the

By letter filed with the city clerk, the city manager shall designate
city council, a qualified
city manager the mayor shall designate, subject to approval of the
duties of city manager
city administrative officer to exercise the powers and perform the
disability' During such
during the citymanager's temporary absence or physical or mental

7r7

at any time and appoint

absence or disability, the city council may revoke such designation
shall return or the city manager's
another officer of the city to serve until the city manager

718

disability shall cease.

7t6

119

SECTION 3.25.

720

Powers and duties of the city manager'

722

city. The city manager shall

The city manager shall be the chief administrative officer of the
city affairs placed in the city
be responsible to the city council for the administration of all

723

officer, the city

manager,s charge by or under this charter. As the chief administrative

124

manager shall:

721

125
726

directors and fill

Have the authority to hire persons to act as department heads or
the city
other positions designated by ordinance or resolution and appoint and, when

(1)

-22-

c
manager deems

727

28 76265

it necessary for the good of the city, suspend or remove any city

729

as
employees and administrative officers the city manager hires or appoints, except
The
otherwise provided by iaw or personnel ordinances adopted pursuant to this charter.

730

city manager may authorize any administrative officer who is subject to the city

737

manager's direction and supervision to exercise these powers with respect to subordinates

732

in that officer's department, office, or agency;

133

(2) Direct and supervise the administration of all departments, offices, and agencies of

134

the city, except as otherwise provided by this charter or by law;

135

(3) Attend all city council meetings, except for closed meetings held for the purposes of

736

deliberating on the appointment, discipline, orremoval of the city manager, and have the

737

right to take part in discussion, but the city manager may not vote;

738

(4)

739

enforcement by the city manager or by officers subject to the city manager's direction and

740

supervision, are faithfully executed;

741

(5)

742

council;

143

(6) Submit to the city council and make available to the public a complete report on the

744

finances and administrative activities of the city as of the end of each fiscal year;

745

(7) Make

146

operations of those city departments, offices, and agencies that are subject to the city

747

manager's direction and supervision;

728

148

See that

all laws, provisions of this charter, and acts of the city council, subject to

prepare and submit the annual operating budget and capital budget to the city

such other reports as the city council or mayor may require concerning the

(8) Keep the city council fully advised

as to the

financial condition and future needs of

149

the city and make such recommendations to the city council concerning the affairs of the

750

city as the city manager deems desirable; and

75r

(9) Perform other such duties

752

city council.

Reserved.

SECTION 3.27.

155

756

in this charter or

SECTION 3.26.

753
154

as are specified

Reserved.

-23

as may be required by the

LC 28 16265
757

SECTION 3.28.

758

Council's interference with administration.

759

Except for the purpose of inquiries and investigations under Section 3.12 of this charter, the

160

city council and its members shall deal with city officers and employees who are subject to

761

the direction and supervision of the city manager solely through the city manager, and neither

162

the city council nor its members shall give orders to any such officer or employee, either

163

publicly or privately.

764

SECTION 3.29.

165

Selection of mayor pro temPore.

166

There shall be a mayor pro tempore elected from among the councilmembers by the city

761

council at the first regular meeting of each calendar year.

768

be elected at the first regular meeting of the city council in each calendar year to serve until

769

the first regular meeting of the city council in the immediately following calendar year. The

710

mayor pro tempore shall continue to vote and otherwise participate as a councilmember.

77t

vacancy in the position of mayor pro tempore resulting from the mayor pro tempore ceasing

112

to serve as a councilmember or from any other cause shall be filled for the remainder of the

713

unexpired term at the next regularly scheduled council meeting.

A11 subsequent successors

shall

114

SECTION 3.30.

775

Mayor pro tempore.

116

During the absence or physical or mental disability of the mayor for any cause, the mayor

171

pro tempore of the city council or, in such person's absence or disability for any reason, any

778

one of the councilmembers chosen by a majority vote of the city council shall be clothed with

779

all the rights and privileges of the mayor and shall perform the official duties of the office

780

of the mayor so long as such absence or disability shall continue, except that the mayor pro

78t

tempore shall not have the mayor's veto power except in the case of physical or mental

782

disabitity of the mayor. A councilmember acting as mayor shall have only one vote. Any

183

such absence or disability shall be declared by majority vote of all councilmembers. The

184

mayor pro tempore or selected councilmember shall sign all contracts and ordinances in

785

which the mayor has a disqualifying financial interest.

-24-

LC 2816265
786

ARTICLE IV

181

ADMINISTRATIVE AFFAIRS

788

SECTION 4.10.

789

Department heads.

otherwise provided in this chatter, the city council by ordinance shall prescribe

190

(a) Except

797

the functions or duties and establish, abolish, or alter all nonelective offices, positions of

792

employment, departments, and agencies of the city as necessary for the proper administration

793

of the affairs and government of this city.

194

(b) Except as otherwise provided by this charter or by law, the directors of departments and

795

other officers

196

administrative and professional qualifications.

797

(c) All appointed officers

798

prescribed by the city council.

799

(d) There shall be a director of each department or agency who shall be its principal officer.

800

Each director shall, subject to the direction and supervision

801

responsible for the administration and direction of the affairs and operations of the director's

802

department or agency

803

(e) The city manager may suspend or terminate directors or department heads, so long

804

city attorneyreviews the facts supporting suspension or termination and concurs such action

805

is appropriate before such action is taken.

as

of the city shall be

appointed solely on the basis.

respective

and directors of departments shall receive such compensation as

SECTION

806

of their

of the city

manager, be

as

the

4.II.

807

Boards.

808

(a) The city council shall create by ordinance such boards, commissions, and authorities to

809

fulfill

810

necessa-ry and shall by ordinance establish the composition, period

811

powers thereof.

812

(b) Every member of any appointed board, commission, or authority of the city shall be

813

appointed by a majority vote of the city council for such term of office and in such manner

814

as shall be provided by ordinance. Unless otherwise provided by ordinance or law, each

815

board, commission, or authority shall consist of eight members with one member being

816

nominated by each member of the city council and the mayor. Unless otherwise provided

817

by ordinance or law, there shall be no requirement that aboard, commission, or authority

818

member reside in the district of the councilmember who nominates the member, but all

819

members shall be residents of the city.

any investigative, quasi-judicial, or quasi-legislative function the city council deems

-25-

of existence, duties, and

LC 28 16265
820

(c) The city council, by ordinance, may provide for the compensation and reimbursement

82r
822

for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board,

823

commission, or authority shall hold any elective office in the city.

824

(e) Any

825

unexpired term in the manner prescribed for the original appointment, except as otherwise

826

provided by this charter or bY law.

821

(0

B28

executed and filed with the clerk of the city an oath obtigating himself or herself to perform

829

faithfully

830

administered by the mayor.

831

(g) Any member of a board,

832

majority vote of the city council.

833

(h)

834

authority of the city shall elect one of its members as chairperson and one member

835

vice-chairperson, and may elect as its secretary one of its members or may appoint as

836

secretary an employee

837

government may establish such bylaws, rules, and regulations, not inconsistent with this

838

charter, an ordinance of the city, or law, as

839

fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and

840

regulations shall be filed with the clerk of the city.

vacancy on a board, commission, or authority of the city shall be filled for the

No member of

and

board, commission, or authority shall assume office until he or she has

impartially the duties of the office, such oath to be prescribed by ordinance and

commission, or authority may be removed from office by

Except as otherwise provided by this charter or by law, each board, commission, or

as

of the city. Each board, commission, or authority of the city

it

deems appropriate and necessa.ry

for the

84t

SECTION 4.L2.

842

City attorney.

843

The mayor shall nominate and the city council shall confirm by a majority vote a city

844

attorney who shall be a member of the State Bar of Georgia and shall have actively practiced

845

law for at least seven years. The city attorney shall serve at the pleasure of the city councii.

846

The city attorney shall be responsible for representing and defending the city in all litigation

841

in which the city is a party, may be the prosecuting officer in the municipal court, shall attend

848

the meetings of the council as directed, shall advise the city council, mayor, and other

849

officers and employees of the city concerning legal aspects of the city's affairs, and shall

850

perform such other duties

851

city councit shall provide for the compensation of the city attorney.

as may be

required by virtue of the position of city attorney. The

-26-

LC 28 16265
852

SECTION 4.L3.

853

City clerk.
l

854

The mayor shall nominate and the city council shall confirm by a majority vote a city clerk

855

who shall not be

856

maintain city council records required by this charter, and perform such other duties as may

851

be required by the city council. The city council shall provide for the compensation of the

858

city clerk.

councilmember. The city clerk shall be custodian of the official city seal,

859

SECTION 4.I4.

860

Treasurer.

861

The mayor shall nominate and the city council shall confirm by a majority vote a city

862

treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject

863

to the provisions of this charter and the ordinances of the city and to enforce all laws of

864

Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment

865

of taxes to the city. The city treasurer shall also be responsible for the generai duties of

866

treasurer and fiscal

861

treasurer.

officer. The city council shall provide for the compensation of the

B6B

SECTION 4.I5.

869

Rules and regulations.

870

The city council shall adopt rules and regulations consistent with this charter concerning:

81t

(1) The method of employee selection and probationary periods of employment;

872

873

(2) The administration of a position classification and pay plan, methods of promotion
and applications of service ratings thereto, and transfer of employees within the

874

classification plan;

815

(3) Hours of work, vacation, sick leave,

876

the order and manner in which layoffs shall be effected;

877

(4)

878

(5)

819

systematic handling of personnel affairs.

and other leaves of absence, overtime pay, and

Such dismissal hearings as due process may require; and

Such other personnel notices as may be necessary to provide for adequate and

-27 -

LC 28 7 6265
880

ARTICLE V

BB1

JUDICIAL BRANCH

882

SECTION 5.10.

883

MuniciPal court'

884

There shall be a court to be known as the Municipal Court of the City of South Fulton.

885

SECTION 5.11.

886

Judges.

8BB

(a) The municipal court shall be presided over by a chiefjudge and such part-time, full-time,
or stand-by judges as shall be provided by ordinance, The chief judge shall be nominated

889

by the mayor and shall be confirmed by resolution of the city council, and the method of

890

selection and terms of any other judges shall be provided by ordinance.

891

(b) No person shall be qualified or eligible to serve

892

that person shall have attained the age of 21 years and shall have been a member of the State

893

Bar of Georgia for a minimum of three years.

894

(c) Compensation of the chief judge and other judges shall be fixed by the city council. The

895

position of chief judge shall not be a full-time position, and the person serving as chief judge

896

may engage in the private practice of law.

891

(d) The chief judge shall serve a term of four years, coincident with the term of the mayor,

898

but may be removed for cause by a vote of five members of the city council or upon action

899

taken by the Judicial Qualification Commission.

887

as a judge on the

municipal court unless

901

(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge
will honestly and faithfully discharge the duties of the office to the best of his or her ability

902

and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city

903

council journal required in Section 3.I4 of this charter.

900

904

SECTION 5.I2.

905

Convening of court.

906

The municipal court shall be convened at regular intervals as provided by ordinance.

-28-

LC 28 76265
901

SECTION 5.13.

908

Powers.

909

(a) The municipal court shall try

910

and such other violations as provided by law.

9tt

(b) The municipal court shall have the authority to punish those in its presence for contempt,

912

provided that such punishment shall not exceed the statutory limits for fines and

913

imprisonment for such municipal court.

914

(c) The municipal court may fix punishment for offenses within

915

both fines and imprisonment or alternative sentencing, provided that such fines or

9t6

imprisonment does not exceed the statutory limits

917

(d) The municipal court shall have the authority to establish

918

cost

919

transportation, and caretaking of prisoners bound over to superior courts for violation of state

920

law.

921

(e) The municipal court shall have authority to establish bail

922

the presence of those charged with violations before said court and shall have discretionary

923

authority to accept cash or personal or real property as surety bond for the appearance of

924

persons charged with violations. Whenever any person shall give bail for appearance and

925

shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge

926

presiding at such time and an execution shall be issued thereon by serving the defendant and

927

his or her sureties with a rule nisi at least two days before a hearing on the rule nisi.

928

(0

929

production of evidence in the possession of any party; to enforce obedience to its orders,

930

judgments, and sentences; and to administer such oaths as are necessa.ry.

931

(g) The municipal court shall have the authority to bind prisoners over to the appropriate

932

court when it appears by probable cause that state law has been violated.

933

(h)

934

935

may be served as executed by any officer as authorized by this charter or by law.

936

(i)

931

persons charged with offenses against any ordinance of the city, and each judge of the

938

municipal court shall have the same authority as a magistrate of the state to issue warrants

939

for offenses against state laws committed within the city.

940

94t

the geographic area of this city granted by law to municipal courts and particularly by such

942

laws as authorize the abatement of nuisances and prosecution of traffic violations.

and punish violations of this charter, all city ordinances,

as

its jurisdiction, including

now exist or hereafter provided by law.

a schedule of fees to defray the

of operation and shall be entitled to reimbursement of the actual cost of

meals,

and recognizalces to ensure

The municipal court shall have the same authority as superior courts to compel the

Each judge of the municipal court may compel the presenco of all parties necessary to

proper disposal of each case by the issuance of summonses, subpoenas, and warrants which

Each judge of the municipal court shall be authorized to issue warrants for the arrest

of

The municipal court is specifically vested with a1lthe jurisdiction and powers throughout

-29 -

LC 28 76265
943

SECTION 5.14.

944

Certiorari.

945

The right of certiorari from the decision and judgment of the municipal court shall exist in

946

all criminal cases and ordinance violation cases, and such certiorari shall be obtained under

941

the sanction of a judge of the Superior Court of Fulton County, under the laws of the State

948

of Georgia regulating the granting and issuance of writs of certiorari.

949

SECTION 5.15.

950

Rules.

951

With the approval of the city council, the judge shall have full power and authority to make

952

reasonable rules and regulations necessa-ry and proper to secure the efficient and successful

953

administration of the municipal court; provided, however, that the city council may adopt in

954

part or in toto the rules and regulations applicable to superior courts. The rules and

95s

regulations made or adopted shall be filed with the city clerk, shall be available for public

956

inspection, and, upon request, shall be furnished to all defendants

957

proceedings at least 48 hours prior to said proceedings.

958

ARTICLE VI

959

FINANCE

960

SECTION

in municipal

court

6.1"0.

96t

Property tax.

962

The city council may assess, levy, and collect an ad valorem tax on allreal and personal

963

property within the corporate limits of the city that is subject to such taxation by the state and

964

county. This tax is for the purpose of raising revenues to defray the costs of operating the city

965

government, of providing governmental services, for the repayment of principal and interest

966

on general obligations, and for any other public pu{pose as determined by the city council

967

in its discretion.

968

SECTION 6.11.

969

Millage.

910

(a) The city council by ordinance shall establish a millage rate for the city property tax, a

911

due date, and the time period within which these taxes must be paid. The city council by

-30-

LC 28 76265
912

in one lump sum,

ordinance may provide for the payment of these taxes by installments or

913

as

975

voluntary payment of taxes prior.to the time when due.

(b) For all years, the millage rate imposed for ad valorem taxes on real property shall not
exceed 13.469 unless a higher millage rate is recommended by resolution of the city council

916

and subsequently approved by a majority of the qualified voters of the city voting

974

well

as authorize the

in

978

referendum. For the purposes of this subsection, the term "qualified voters" means those
voters of the city who are qualified to vote in city elections and cast a vote for or against such

979

measure in such referendum. This millage rate

980

(a) of
levied and shall not apply to the hypothetical millage rate computed under subsection

981

joint
Code Section 4g-g-91 of the o.C.G.A., relating to conditions on imposition of the

982

county and municipal sales tax.

917

limit shall apply to the millage rate actually

983

SECTION 6.12.

984

Occupation taxes and business license fees'

985

The city council by ordinance shall have the power to levy such occupation or business taxes

986

as are not denied by

987

transact business in this city or who practice or offer to practice any profession or calling

law. Such taxes may

be levied on both

individuals and corporations who

989

within the city to the extent such persons have a constitutionally sufficient nexus to this city
to be so taxed. The city council may classify businesses, occupations, professions, or

990

callings for the purpose of such taxation in any way which may be lawful and may compel

991

the payment of such taxes as provided in Section 6.18 of this charter.

988

992

SECTION 6.13.

993

Licenses.

994

The city council by ordinance shall have the power to require any individual or corporation

995

who transacts business in this city or who practices or offers to practice any profession or

996

calling within the city to obtain

991

reasonable fee

998

general law in such a way as to preclude city regulations. Such fees may reflect the total cost

a license or

permit for such activity from the city and pay a

for such license or permit where such activities are not now regulated by

1000

to the city of regulating the activity and, if unpaid, shall be collected as provided in
Section 6.18 of this charter. The city council by ordinance may establish reasonable

1001

requirements for obtaining or keeping such licenses as the public health, safety, and welfare

1002

necessitate.

999

-3i-

LC 28 7 6265
SECTION 6.14.

1003

1004

1005

Reserved,

SECTION

6.1.5.

1006

Sewer fees.

1007

The city council by ordinance shall have the power to assess and collect fees, charges, and

1009

tolls for sewers, sanitary and health services, or any other services provided or made
available inside or outside the corporate limits of the city for the total cost to the city of

1010

providing or making available such services. If unpaid, such charges shall be collected

1011

provided in Section 6.18 of this charter.

1008

as

t0t2

SECTION 6.16.

1013

Roads.

10L4

The city council by ordinance shall have the power to assess, charge, and collect the costs

1015

of constructing, reconstructing, widening, or improving any public way, street, sidewalk,

1016

curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property

1017

owners under such terms and conditions as a.re reasonable.

1018

collected as provided in Section 6.18 of this charter.

If unpaid, such charges shall be

1019

SECTION 6.17.

t020

Other taxes.

t02L

This city shall be empowered to levy any other tax allowed now or hereafter by law, and the

t022

specific mention of any right, power, or authority in this article shall not be construed

1023

limiting in any way the general powers of this city to govern its local affairs.

as

t024

SECTION 6.18.

r025

Collection of delinquent taxes.

t026

The city council by ordinance may provide generally for the collection of delinquent taxes,

1027

fees, or other revenue due the city under Sections 6.10 through 6.17

t028

whatever reasonable means as are not precluded by law. This shall include providing for the

1029

dates when the taxes or fees are due, late penalties or interest, issuance and execution of

1030

fas., creation and priority of liens, making delinquent taxes and fees personal debts of the

-32-

of this charter by
fi.

LC 28 16265
1031

persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay

1032

any city taxes or fees, and providing for the assignment or transfer of tax executions.

1033

SECTION 6.I.9.

t034

Borrowing.

1035

The city council shall have the power to issue bonds for the purpose of raising revenue to

1036

carry out any project, program, or venture authorized under this charter or the laws of the

1031

state. Such bonding authority shall be exercised in accordance with the laws governing bond

1038

issuance by municipalities in effect at the time said issue is undertaken.

SECTION 6.20.

1039

1040

Revenue bonds.

t04t

Revenue bonds may be issued by the city council as state law now or hereafter provides'

t042

Such bonds are to be paid out of any revenue produced by the project, program, or venture

t043

for which they were issued.

t044

SECTION 6.2I.

1045

Loans.

t046

The city may obtain short-term loans and must repay such loans not later than December 31

t041

of each year, unless otherwise provided by law.

1048

SECTION 6.22.

1049

Accounting and budgeting.

1050

The city council shal1 set the fiscal year by ordinance. This fiscal year shall constitute the

1051

budget year and the year for financial accounting and reporting of each and every office,

t052

department, agency, and activity of the city government.

1053

SECTION 6.23.

1054

Budget ordinance.

1055

The city council shall provide an ordinance on the procedures and requirements for the

1056

preparation and execution of an annual operating budget, a capital improvement program,

1051

and a capital budget, including requirements as to the scope, content, and form of such

-33-

LC 28 7 6265
1058

budgets and programs. The city council shall comply with the provisions of Chapter 81

1059

Title 36 of the O.C.G.A.

of

1060

SECTION 6.24.

1061

Operating budget.

1062

On or before adate fixed by the city council but not later than 30 days prior to the beginning

1063

of each fiscal year, the city manager shall submit to the city council

1064

budget for the ensuing fiscal year. The budget shall be accompanied by a message from the

1065

city manager containing a statement of the general fiscal policies of the city, the important

1066

features of the budget, explanations of major changes recommended for the next fiscal year,

rc67

a general summary of the budget, and such other comments and information as the city

1068

manager may deem pertinent. The operating budget, the capital improvements budget, the

1069

budget message, and all supporting documents shall be filed in the office of the city clerk and

1070

shall be open to public inspection.

a proposed operating

1071

SECTION 6.25.

1072

Adoption.

t}t3

(a) The city council may amend the operating budget proposed by the city manager, except

1074

that the budget as finally amended and adopted must provide for all expenditures required

t01 5

by state law or by other provisions of this charter and for all debt service requirements for

1076

the ensuing fiscal year. The total appropriations from any fund shall not exceed the

l0l7

estimated fund balance, reserves, and revenues.

1078

(b) After the conducting of a budget hearing, the city council shall adopt the final operating

7079

budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. If the

1080

city council fails to adopt the budgetby said date, the amounts appropriated for operation for

1081

the then current fiscal year shall be deemed adopted for the ensuing fiscal year on

1082

month-to-month basis, with all items prorated accordingly, until such time as the city council

1083

adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an

1084

appropriations ordinance setting out the estimated revenues in detail by sources and making

1085

appropriations according to fund and by organizational unit, purpose, or activity as set out

1086

in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.

1087

(c)

1088

constitute the annual appropriation

1089

encumbrance created in excess of the otherwise unencumbered balance of the appropriations

1090

or allotments thereof to which it is chargeable.

The amount set out in the adopted operating budget for each organizationai unit shall

for such, and no

-34-

expenditure shall be made or

r-c28 76265
1091

SECTION 6.26.

t092

Levy of taxes.

1093

Following adoption of the operating budget, the city council shall levy by ordinance such

t094

taxes as are necessary. The taxes and tax rates set by such ordinance sha1l be such that

1095

reasonable estimates of revenues from such levy shall at least be sufficient, together with

1096

other anticipated revenues, fund balances, and applicable reserves, to equal the total amount

L097

appropriated

1098

defraying the expense of the general government of this city.

for each of the several funds set forth in the annual operating budget for

SECTION 6.27.

1099
1

Changes in budget.

100

1101

The city council by majority vote may make changes in the appropriations contained in the

tt02

current operating budget at any regular meeting or special or emergency meeting called for

103

such purposes.

1104

SECTION 6.28.

105

Capital improvements.

106

(a) On or before the date fixed by the city council, but not later than 30 days prior to the

1107

beginning of each fiscal year, the city manager shall submit to the city council a proposed

108

capital improvements budget with any recommendations as to the means of financing the

109

improvements proposed for the ensuing year. The city council shall have the power to

of

1110

accept, with or without amendments, or reject the proposed program and proposed means

1111

financing. The city council shall not authorize an expenditure for the construction of any

tt12

building, structure, work, or improvement, unless the appropriations for such project are

1113

included in the capital improvements budget, except to meet apublic emergency

1lt4

in Section 3.18 of this charter.

1115

(b) After the conducting of a public hearing, the city council shall adopt by ordinance the

1116

final capital improvements budget for the ensuing fiscal year on or before a date fixed by

ttfl

ordinance of the council. No appropriations provided for in a prior capital improvements

1118

budget shall lapse until the purpose for which the appropriations were made shall have been

Irt9

accomplished or abandoned;provided, however, the mayor may submit amendments to the

tl20
tl21

capital improvements budget at any time during the fiscal year, accompanied by any
recommendations. Any such amendments to the capital improvements budget shall become

tt22

effective only upon adoption by majority vote of the city council.

-35-

as

provided

LC 2816265
tL23

SECTION 6.29.

1124

Audits.

lt25
tt26

There shall be an annual independent audit of all city accounts, funds, and financial

t121

conducted according to generally accepted accounting principles. Any audit of any funds by

tt28

the state or federal government may be accepted as satisfying the requirements of this

t129

charter. Copies of all audit reports shall be available at printing costs to the public.

transactions by a certified public accountant selected by the city council. The audit shall be

130

SECTION 6.30.
Procurement and property management.

1131

1132
1

133

1.134
1

135

No contract with the city shall be binding on the city unless:

(1) It is in writing;
(2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course,
is signed by the city attorney to indicate such drafting or review; and

1136

(3) It is made or authorized by the city council and such approval is entered in the city

1737

council journal of proceedings pursuant to Section 3.14 of this charter.

138

SECTION

6.31..

tL39

Purchasing.

1.740

The city council shalt by ordinance prescribe procedures for a system of centralized

tt4t

purchasing for the city.

1142

SECTION 6.32.

1143

Sale of property.

1144

(a) The city council may sell and convey anyreal or personal property owned or held by the

tI45

city for governmental or other purposes

1146

abandoned or surplus property.

lt47

(b) The city council may quitclaim any rights it may have in property not needed for public

1148

purposes upon request by the mayor and adoption

tt49

property is not needed for public or other purposes and that the interest of the city has no

150

as

now or hereafter provided by law, as well as any

of a resolution, both finding that the

readily ascertainable monetary value.

1151

(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place

1152

of the city a small parcel or tract of land is cut off or separated by such work from a larger

-36-

LC 28 76265
153

tract or boundary of land owned by the city, the city council may authorize the mayor to

lt54

execute and deliver in the name of the city a deed conveying said cut-off or separated parcel

155

or tract of land to an abutting or adjoining property owner or owners in exchange for rights

156

of way of said street, avenue, aliey, or public place when such exchange is deemed to be in

t75l

the best interest of the city.

All deeds and conveyances heretofore and hereafter

so executed

158

and delivered shall convey all title and interest the city has in such property, notwithstanding

159

the fact that no public sale after advertisement was or is hereafter made.

160

SECTION 6.33.

1161

7t62

General homestead exemption.

(a) As used in this section, the term:

7163

(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal

1164

purposes levied by, for, or on behalf of the City of South Fulton, except for any ad

1165

valorem taxes to pay interest on and to retire municipal bonded indebtedness.

1166

(2) "Homestead"

1167

the O.C.G.A., as amended.

168

(b)

means homestead as defined and qualified in Code Section 48-5-40

Each resident of the City

of

of South Fulton is granted an exemption on that person's

IT69

homestead from City of South Fulton ad valorem taxes for municipal purposes in the amount

1170

of $30,000.00 of the assessed value of that homestead. The value of that property in excess

1t7

of such exempted amount shall remain subject to taxation.

tfl2
ltl3
tl74

(c) A person shali not receive the homestead exemption

granted by subsection (b) of this

section unless the person or person's agent files an application with the governing authority

717 5

of the City of South Fulton, or the designee thereof, giving such information relative to
receiving such exemption as will enable the governing authority of the City of South Fulton,

ttl 6

or the designee thereof, to make a determination regarding the initial and continuing

1177

eligibility of such person for such exemption. The governing authority of the City of South

1I]B

Fulton, or the designee thereof, shall provide application forms for this purpose.

r779

(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of

180

the O.C.G.A., as amended. The exemption shall be automaticallyrenewed from year to year

181

so long as the owner occupies the residence as a homestead.

After a person has filed the

tt82

proper application as provided in subsection (c) of this section, it shall not be necessary to

183

make application thereafter for any year and the exemption shall continue to be allowed to

184

such person.

185

subsection (b) of this section to notify the governing authority of the City of South Fulton,

186

or the designee thereof, in the event that person for any reason becomes ineligible for such

ll87

It

shall be the duty of any person granted the homestead exemption under

exemption.

- 5t

LC 28 7 6265
t 188

(e) The exemption granted by subsection (b) of this section shall not apply to or affect state

189

ad valorem taxes, county ad valorem taxes for county purposes, or county or independent

190

school district ad valorem taxes for educational purposes. The homestead exemption granted

1191

by subsection (b) of this section shall be in addition to and not in lieu of any other homestead

rt92

exemption applicable to municipal ad valorem taxes for municipal purposes.

7t93

(f)

TL94

beginning on or after January 1,2016.

The exemption granted by subsection (b) of this section shall apply to all taxable years

195

SECTION 6.34.

1196

General homestead exemption for citizens age 65 or over.

tI91

(a) As used in this section, the term:

1198

(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal

1199

purposes levied by, for, or on behalf of the City of South Fulton, except for any ad

1200

valorem taxes to pay interest on and to retire municipal bonded indebtedness.

t20t

(2) "Homestead" means homestead

t2a2

the O.C.G.A., as amended.

1203

(3) "Senior citizen" means a person who is 65 years of age or over on or before January

t204

of the year in which application for the exemption under subsection (b) of this section is

t205

made.

as

defined and qualified in Code Section 48-5-40 of

t206

(b) Each resident of the City of South Fulton who is a senior citizenis granted

1201

on that person's homestead from City of South Fulton ad valorem taxes for municipal

1208

purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of

7209

that property in excess of such exempted amount shall remain subject to taxation

t210

(c) A person shall not receive the homestead exemption

t21L

section unless the person or person's agent files an application with the governing authority

7212

of the City of South Fulton, or the designee thereof, giving the person's age and such

7213

additional information relative to receiving such exemption as will enable the governing

7214

authority of the City of South Fulton, or the designee thereof, to make a determination

t215

regarding the initial and continuing eligibility of such person for such exemption. The

rzt6

governing authority of the City of South Fu1ton, or the designee thereof, shall provide

12t7

application forms for this purpose.

t218

(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of

1219

the O.C.G.A., as amended. The exemption shall be automaticallyrenewed from year to year

r220

so long as the owner occupies the residence as a homestead. After a person has filed the

r22t

proper application, as provided in subsection (c) of this section, it shall not be necessary to

1222

make application thereafter for any year and the exemption sha1l continue to be allowed to

-38-

an exemption

granted by subsection (b) of this

LC 28 76265

It

shall be the duty of any person granted the homestead exemption under

1223

such person.

7224

subsection (b) of this section to notify the governing authority of the City of South Fulton,

7225

or the designee thereof, in the event that person for any reason becomes ineligible for that

1226

exempLion.

1227

(e) The exemption granted by subsection (b) of this section shall not apply to or affect state

t228

ad valorem taxes, county ad valorem taxes for county purposes, or county or independent

t229

school district ad valorem taxes for educational purposes. The homestead exemption granted

t230

by subsection (b) of this section shall be in addition to and not in lieu of any other homestead

1231

exemption applicable to municipal ad valorem taxes for municipal purposes.

t232

(f) The exemption granted by subsection

1233

beginning on or after January 7,2076.

(b) of this section shall apply to all taxable years

t234

SECTION 6.35.

t235

Homestead exemption for citizens age 65 or over

1236

meeting certain income requirements.

t231

(a) As used in this section, the term:

7238

(1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal

1239

pu{poses levied by, for, or on behalf of the City of South Fulton, including, but not

tz40

limited to, any ad valorem taxes to pay interest on and to retire municipal bonded

724r

indebtedness.

1242

(2) "Homestead"

t243

the O.C.G.A., as amended.

1244

(3)

1245

Revenue Code of 1986, as such code is defined in Code Section 48-I-2 of the O.C.G.A.,

1246

except that for purposes of this section the term shall include only that portion of income

t241

orbenefits received

1248

Security Act or under any other public or private retirement, disability, or pension system

t249

which exceeds the maximum amount which may be received by an individual and an

\250

individual's spouse under the federal Social Security Act.

125r

(4) "Senior citizen" means a person who is 65 years of age or over on or before January

1252

of the year in which application for the exemption under subsection (b) of this section is

1253

made.

means homestead as defined and qualified in Code Section 48-5-40

of

"Income" means adjusted gross income as such term is defined in the Internal

as

retirement, survivor, or disabilitybenefits under the federal Social

r254

(b) Each resident of the City of South Fulton who is a senior citizenis granted

r255

on that person's homestead from City of South Fulton ad valorem taxes for municipal

1256

purposes

1251

exemption granted by this subsection shall only be granted if that person's income, together

in the amount of

$10,000.00

of the

-39 -

assessed value

an exemption

of that homestead. The

LC 28 16265
1258

with the income of the spouso who also occupies and resides at such homestead, does not

1259

exceed the maximum amount which may be received by an individual and an individual's

1260

spouse under the federal Social Security Act for the immediately preceding year. The value

1261

of that property in excess of such exempted amount shall remain subject to taxation.

1262

(c) A person shall not receive

t263

section unless the person or person's agent files an application with the governing authority

1264

of the City of South Fulton, or the designee thereof, giving the person's age, income, and

1265

such additional informationrelative to receiving such exemption as will enable the governing

1266

authority of the City of South Fulton, or the designee thereof, to make a determination

t267

regarding the initial and continuing eligibility of such person for such exemption. The

1268

governing authority of the City of South Fulton, or the designee thereof, shall provide

r269

application forms for this purpose.

1210

(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of

Izt1

the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year

1212

so long as the owner occupies the residence as a homestead. After a person has filed the

t213

proper application, as provided in subsection (c) of this section, it shall not be necessary to

1214

make application thereafter for any year and the exemption shall continue to be allowed to

1215

such person.

1276

subsection (b) of this section to notify the governing authority of the City of South Fulton,

t271

or the designee thereof, in the event that person for any reason becomes ineligible for that

t27B

exemption.

1219

(e) The exemption granted by subsection (b) of this section shall not apply to or affect state

1280

ad valorem taxes, county ad valorem taxes for county pu{poses, or county or independent

12BL

school district ad valorem taxes for educational purposes. The homestead exemption granted

7282

by subsection (b) of this section shall be in addition to and not in lieu of any other homestead

t283

exemption applicable to municipal ad valorem taxes for municipal purposes.

L284

(0 The exemption granted by subsection

1285

beginning on or after January 1,2076.

It

the homestead exemption granted by subsection (b) of this

shall be the duty of any person granted the homestead exemption under

(b) of this section shall apply to all taxable years

tZB6

SECTION 6.36.

1287

Homestead exemption for citizens age 70 or over

1288

and disabled persons meeting certain income requirements.

1289

(a) As used in this section, the term:

1290

1291

purposes levied by, for, or on behalf of the City of South Fulton, including, but not

) "Ad valorem taxes for municipal

purposes " means all ad valorem taxes for municipal

-40-

LC 28 7 6265
1292

limited to, any ad valorem taxes to pay interest on and to retire municipal bonded

7293

indebtedness.

1294

(2) "Homestead"

1295

the O.C.G.A., as amended.

1296

(3) "Income"

1291

Code of 1986, as amended, for federal income tax purposes, except that for the purposes

1298

of this section the term shall include only that portion of income or benefits received

1299

retirement, survivor, or disability benefits under the federal Social Security Act or under

i 300

any other public.or private retirement, disability, or pension system which exceeds the

1301

maximum amount which may be received by an individual and an individual's spouse

t302

under the federal Social Security Act.

means homestead as defined and qualitied in Code Section 48-5-40

of

means adjusted gross income determined pursuant to the Internal Revenue

as

(4) "Senior citizen" means a person who is 70 years of age or over on or before January

303

1304

of the year in which application for the exemption under subsection (b) of this section is

1305

made.

1306

(b)

1301

granted an exemption on that person's homestead from City of South Fulton ad valorem taxes

1308

for municipal purposes for the full value of that homestead. The exemption granted by this

1309

subsection shall only be granted

13 10

spouse who also occupies and resides at such homestead, does not exceed the maximum

1311

amount which may be received by an individuat and an individual's spouse under the federal

13t2

Social Security Act for the immediately preceding year.

Each resident of the City of South Fulton who is a senior citrzen or who is disabled is

if

that person's income, together with the income of the

1314

(cX1) In order to qualify for the exemption provided for in subsection (b) of this section
as being disabled, the person claiming such exemption sha1l be required to obtain a

1315

certificate from not more than three physicians licensed to practice medicine under

1316

Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying thatin the opinion of such

13t7

physician or physicians such person is mentally or physically incapacitated to the extent

13 18

that such person is unable to be gainfully employed and that such incapacity is likely to

1319

be permanent. Such certificate or certificates shall constitute part of and be submitted

1320

with the application provided for in paragraph (2) of this subsection.

I32l

(2) Aperson

1322

section unless the person or person's agent files an application with the governing
authority of the City of South Fulton, or the designee thereof, giving the person's age,

13 13

7323

shall not receive the homestead exemption granted by subsection (b) of this

1324

income, and such additional information relative to receiving such exemption as will

1325

enable the governing authority of the City of South Fulton, or the designee thereof, to

t326

make a determination regarding the initial and continuing eligibility of such person for

\327

such exemption. The governing authority of the City of South Fulton, or the designee

1328

thereof, shall provide application forms for this purpose.

-41 -

LC 28 76265
1329

(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of

1330

the O.C.G.A., as amended. The exemption shall be automaticallyrenewed from year to year

1331

so long as the owner occupies the residence as a homestead. After a person has filed the

1332

proper application, as provided in subsection (c) of this section, it shall not be necessary to

7333

make application thereafter for any year and the exemption shall continue to be allowed to

7334

such person.

1335

subsection (b) of this section to notify the governing authority of the City of South Fulton,

1336

or the designee thereof, in the event that person for any reason becomes ineligible for that

1331

exemption.

It

shall be the duty of any person granted the homestead exemption under

338

(e) The exemption granted by subsection (b) of this section shall not appty to or affect state

1339

ad valorem taxes, county ad valorem taxes for county pu{poses, or county or independent

1340

school district ad valorem taxes for educational purposes. The homestead exemption granted

t34l

by subsection (b) of this section shall be in addition to and not in lieu of any other homestead

1342

exemption applicable to municipal ad valorem taxes for municipal purposes.

t343

(f) The exemption granted by subsection

t344

beginning on or after January

l,

(b) of this section shatl apply to all taxable years

ZOL6.

1345

ARTICLE VII

1346

GENERAL PROVISIONS

1347

SECTION 7.L0.

T348

Bonds for officials.

1349

The officers and employees of this city, both elected and appointed, shall execute such surety

1350

or fidelity bonds in such amounts and upon such terms and conditions as the city council
shall from time to time require by ordinance or as may be provided by law.

1351

1352
1353

SECTION 7.11.
Reserved.

1354

SECTION 7.I2.

355

Definitions and construction.

1356

(a) Section captions in this charter

1357

thereof.

1358

(b) The word "shall" is mandatory and the word "may', is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice

1359
1360

are

informative only and shall not be considered

versa.

-42-

as a

part

LC 28 16265
1361

SECTION 7.L3.

1362

Qualified electors.

1363

(a) For the purposes of the referendum election provided for in Section 7 .14 of this charter

1364

and for the purposes of the special election to be held on the date of the 201,6 presidential

1365

pref'erence primary, the qualified electors of the City of South Fulton shall be those qualified

1366

electors of Fulton County residing within the corporate limits of the City of South Fulton as

t367

described by Section 1.1 1 of this charter. At subsequent municipal elections, the qualified

1368

electors

1369

Chapter

r370

(b) Only for the purpose of holding and conducting the referendum election provided for by

7371

Section

1372

election of the City of South trulton to be held on the date of the 2016 presidential preference

1,313

primary, the election superintendent of Fulton County is vested with the powers and duties

1374

of the election superintendent of the City of South Fulton and the powers and duties of the

1375

governing authority of the City of South Fulton.

of the City of South Fulton shall be determined pursuant to the authority of

2 of Title 2t of the O.C.G.A., known as the "Georgia Election Code."

.14 of this charter and only for the purpose of holding and conducting the special

1376

SECTION 7.L4.

1317

Referendum.

1378

The election superintendent of Fulton County shall call a special election for the purpose of

t3t9

submitting this Act to the qualified voters of the proposed City of

1380

in S ection

138

of such election for the Tuesday next following the first Monday in November, 2015. The

.1

3 of this charter,

S_outh

Fulton, as provided

for approval or rej ection. The superintendent shall

set the date

1382

superintendent shall issue the call for such election at least 30 days prior to the date thereof.

1383

The superintendent shall cause the date and purpose of the election to be published once a

1384

week for two weeks immediately preceding the datg thereof in the offieial organ of Fulton

i385

County. The ballot shall have written or printed thereon the words:

1386

"( ) YES

r387

( ) NO

Shall the Act incorporating the City of South Fulton in Fulton County and
granting the homestead exemptions described therein be approved?"

1388

All

7389

desiring to vote for rejection of the Act shall vote "No."

1390

cast on such question are for approval of the Act,

739t

otherwise, it shall thereafter be void and of no force and effect. The expense of the special

r392

election set forth in this section shall be borne by Fulton County. It shall be the duty of the

t393

superintendent to hold and conduct such election. It shall be his or her further duty to certify

1394

the result thereof to the Secretary of State.

persons desiring to vote

for approval of the Act shall vote "Yes," and those

-43-

If

persons

more than one,half of the votes

it shall become of full force and effect;

LC 2816265
1,395

SECTION 7.L5.

t396

Effective dates.

of this charter and those provisions of this charter necessary for

t391

(a) Sections 1 . i 0 and

1398

the special election provided for in Section

1399

immediately upon this Act's approval by the Governor or upon its becoming law without

1400

such approval.

1401

r402

(b) Those provisions of this Act necessary for the special election to be held on the date of
the 2016 presidential preference primary, as provided by Article II of this charter, shall be

7403

effective upon the certification of the results of the referendum election provided for by

1404

Section

1405

(c)

1406

purposes on the first day of the second month following the month

t401

presidential preference primary is held, except that the initial mayor and councilmembers

1408

shall take office immediately following their election and by action of a quorum may prior

1409

to the first day of the second month following the month in which the 2016 presidential

14t0

preference primary is held meet and take actions binding on the city.

.1 1

.14 of this charter,

l.l4

if this Act is approved

of this charter shall become effective

at such referendum election.

The remaining provisions of this Act shall become of

t4lr

SECTION

full force and effect for all

in which the 2016

7.1,6.

t412

Transition.

r413

(a) A period of time will be needed for an orderly transition of various government functions

7414

from Fulton County to the City of South Fulton. Accordingly, there shall be a transition

t415

period beginning on the date of the certification of the referendum results approving the

1416

incorporation of the City of South Fulton and ending at midnight on the last day of the

l4t7

twenty-fourth month following such date. During such transition period, all provisions of

T4I8

this charter shall be effective as law, but not all provisions of this charter shall be

1419

implemented.

1420

(b)

t42l

territorial limits of the City of South Fulton all government services and functions which

1422

Fulton County provided in that area durin g2015 and at the same actual cost, except to the

1423

extent otherwise provided in this section; provided, however, that upon at least 30 dlrys' prior

1424

written notice to Fulton County by the City of South Fulton, responsibility for any such

1425

service or function shall be transferred to the City of South Fulton. Beginning on the first

1426

day of the second month following the month in which the 2016 presidential preference

1421

primary is held, the City of South Fulton shall collect taxes, fees, assessments, fines and

1428

forfeitures, and other moneys within the territorial limits of the City of South Fulton;

During such transition period, Fulton County shall continue to provide within the

-44-

LC 28 76265
t429
r430
t437

the
provided, however, that upon at least 30 days'prior written notice to Fulton County by

City of South Fulton, the authority to collect any tax, fee, assessment, fine or forfeiture, or
other moneys shall remain with Fulton County after the first day of the second month

1433

following the month in which the2}l6presidential preference primary is held until such time
as Fulton County receives subsequent notice from the City of South Fulton that such

1434

authority shall be transferred to the City of South Fulton.

7435

(c) During the transition period, the goyerning authority of the City of South Fulton:
(1) Shall hold regular meetings and may hold special meetings as provided in this

t432

1436
1437

charter;

1438

(2) May enact ordinances

t439

(3) May amend this charter by home rule action

t440

(a) May accept gifts

7441

(5) May borrow money and incur indebtedness to the extent authorized by this charter

7442

and general law;

1443

(6) May levy and collect an ad valorem tax for calendar years 2017

7444

(7) May establish

r445

(B) May create, alter, or abolish departments, boards, offices, commissions, and agencies

t446

of the city; appoint and remove officers and employees; and exercise all necessary or

1447

appropriate personnel and management functions; and

t448
1449

(9) May generally exercise any power granted by this charter or general law, except to
the extent that a power is specifically and integrally related to the provision of a

1450

governmental service, function, or responsibility not yet provided or carried out by the

L45L

city.

and resolutions as provided in this charter;

as

provided by general law;

and grants;

and 2018;

fiscal year and budget;

t453

(d) Except as otherwise provided in this section, during the transition period, the Municipal
Court of the City of South Fulton shall not exercise its jurisdiction. During the transition

1454

period, all ordinances of F'ulton County shall remain,applicable within the tenitorial limits

t455

of the City of South Fulton and the appropriate court or courts of Fulton County shall retain

t456

jurisdiction to enforce such ordinances. However, by appropriate agreement (and concurrent

1451

resolutions and ordinances if needed) Fulton County and the City of South Fulton may during

1458

the transition period transfer all or part of such regulatory authority and the appropriate court

1452

r460

jurisdiction to the City of South Fulton. Any transfer of jurisdiction to the City of South
Fulton during or at the end of the transition period shall not in and of itself abate any judicial

1461

proceeding pending in Fulton County or the pending prosecution of any violation of any

t462

ordinance of Fulton County.

1463

(e) During the transition period, the governing authority of South Fulton may at any time,

t464

without the necessity of any agreement by Fulton County, commence to exercise its planning

1465

and zoning powers; provided, however, that the city shall give the county notice of the date

1459

-45-

LC 28 1 6265

t466

on which the city

will

assume the exercise of such powers. Upon the governing authority

of

t468

Court
South Fu1ton commencing to exercise its planning and zoning powers, the Municipal
the City of South Fulton shall immediately have jurisdiction to enforce the planning and

1469

zoning ordinances of the

t410

conflicting provisions of any other subsection of this section.

t4ll

(0 Effective upon the termination

t472

section shall cease to apply except for the last sentence of subsection (d) which shall remain

t473

effective. Effective upon the termination of the transition period, the City of South Fulton

1474

shall be a full functioning municipal corporation and subject to all general laws of this state'

141 5

SECTION 7.L7.

t416

DirectorY nature of dates.

1467

of

city.

The provisions of this subsection shall control over any

of the transition period, subsections (b) through (e) of this

t478

It is the intention of the General Assembiy that this Act be construed as directory rather than
mandatory with respect to any date prescribed in this Act. If it is necessary to delay any

t419

action called for in this Act for providential cause or any other reason, it is the intention of

7477

1481

the General Assembly that the action be delayed rather than abandoned' Any delay in
performing any action under this Act, whether for cause or otherwise, shall not operate to

1482

frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is

1483

specifically provided that:

1480

1484

(1) If it is not possible to hold the referendum election provided for in Section 7 .L4 of

1485

this Act on the date specified in that section, then such referendum shall be held as soon

7486

thereafter as is reasonably practicable; and

1487
1488

(2) If it is not possible to hold the first municipal election provided for in Section 2' 1 1
of this Act on the date specified in that section, then there shall be a special election for

1490

the initial members of the governing authority to be held as soon thereafter as is

reasonably practicable, and the commencement of the initial terms of office shall be

t491

delayed accordingly.

1489

t492

SECTION 7.L8.

t493

Charter commission.

t494
1495

At the first regularly scheduled city council meeting, five years after the inception of the City
of South Fulton, the mayor and city council shall cail for a charter commission to review the

7496

city's experience and recommend to the General Assembly any changes to the city charter.

t491

Members of the charter commission shall be appointed as follows: one by the mayor, one by

1498

the city council, and one by each member of the Georgia House of Representatives and

-46-

LC 28 76265

of

t499

Senate whose district lies wholly or partially within the corporate boundaries of the City

1500

South Fulton. A11 members of the charter commission must reside in the City of South

1501

Fulton. The commission must complete the recommendations within six months of its

t502

creation.

SECTION 7.L9.

1503

504

Severability.

1505

In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared

1506

or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other

1507

sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of

1508

force and effect, as

1509

adjudged invalid or unconstitutional were not originally a part hereof. The General

1510

Assembly hereby declares that it would have passed the remaining parts of this Act if it had

151

known that such part or parts hereof would be declared or adjudged invalid or

15t2

if the section, subsection, sentence, clause,

unconstitutional.

15 13

SECTION 7.20.

t5t4

eneral repealer.

15 15

A11

laws and parts of laws in conflict with this Act are repealed.

-41 -

full

or phrase so declared or

LC 28 7 6265
1516

APPENDX A

15t7

CORPORATE LIMITS

15 18

CITY OF SOUTH FUL,TON

15 19

The City of South Fulton shall include alt the territory embraced within the following census

1520

blocks based upon the 2010 United States decennial census but shall not include any territory

152t

that was annexed into another municipality before July

1522

territory included within the Fulton County Industrial District unless the local constitutional

1523

amendment creating such district is repealed prior to the first municipal election for the city:

t524

Fulton County

1,52,5

VTD: 121098 - 098

1526

008202:

1527

4002

1528

VTD: l21llE4 - 1lE4

1529

007706:

1530

2028

153

t532
1533

VTD: 121CP08B - CP08B

0105 1 1:

2004

7534

VTD: 121EP08A - EP08A

1535

01 1305:

1536
1537
1538

3015 3017
01 1306:

1031 2008 2018 2021

t539

VTD: 121FA01A - FA01A

1540

010400:

1541
1542t

t543

3064 3066 3078 3079 3087 3099

010514:

205t 2018 2086 2100 2101 2702

r544

VTD: 121FA01B - FA01B

t545

010510:

t546

3726

1541

VTD: 121SC01 - SC01

1548

VTD: l2lSC02 - SC02

t549

VTD: 121SC04 - SC04

1550

VTD: 121SC05 - SC05

-48-

!, 2015, and shall not include the

LC 28 76265
155

VTD: 121SC07 - SC07

1552
1553

r554

010304:

2081 2103 2105 2106 2to1 2108 2109 2112

010400:

1555

3000 3003 3005 3006 3008 3009 3011 3012 3013 3014 3017 30t9

1556

302L 3028 3029 3042 3043 3053 3054 3065 3080

1557

010513:

1558

t02t t022 1043 1044

t559

1061 1062 t018 1098 1119 2022 2024 2029 2030 2056 3045

1560

1045 1048 1049 1050 1051 1052 1055 1060

010514:

t0l4

L0t7 1019 1.021 1022

1561

1002 1003 1004 1005 1006 1012 1013

1562

t023 1024 1025

1563

1036 1037

1564

1062 7063 1065 1066 1067 1073 1087 1088 1089 2000 2002 2003

1565

2004 2005 2006 2007 2008 2009 2010

1566

2016

1567

2029 2030 2031 2032 2033 2034 2035 2038 2040 2043 2044 2045

1568

2046 2054 2055 2057 2059 2060 2061 2068 2071 2012 2073 2014

t569

2075 2076 2017 2080 2085 2087 2091 2094 2098 2t08 2109

r570

2t1r 3055 3056 3079

151

t512

2or7 2018

rc44 1046 1051 1054 1055 1056 1057 1059

1061

20ll

2012 2013 2014 2015

2019 2020 2021 2022 2023 2024 2025 2026 2028

2lr0

3080

010507:
3066

t574

0105 l0:

1576

1034

VTD: 121SC08 - SC0B

1573

157 5

rc$

t032 1033

1026 1,027 1028 1029 1030 1031

2003 4000 4001 4009

010511:

1577

1033 1034 1035 1036 t037 1038 1039 1040 1041 t043 t045 1046

1578

t047 1048 1049 7061 1062 2005 2006

t519

2013 20t4 2015 20t7 2018 2019 2020 2021 2024 2027 2028 2029

1580

2030 2037 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042

158

2043 2044 2045 2046 2041 2051 2052 2053 2054 2055 2056 2058

2008 2009 2010 2011 2012

t582

2062 2064 3000 3001 3002 3003 3004 3005 3008 3011 3012 3013

1583

3014 3015

1584

010512:

I0r7

1024 1025 200r

1585

1002 1003 1004 1005 1006 1007 1008 1016

1586

2002 2003 2004 2005 2006 2007 2008 2009 2010 20Lt 2012 20r5

1587

20t9 2020 2035 2036

-49-

LC 28 76265

1s88
1589
1590
1591
1592
t593
t5g4
1595
7596
1591
1598
1599
1600
1601
1602
1603
1604
1605
1606
1607
1608
1609
1610
1611
1,612
1613
r6t4
1615
t6t6
16t7
1618
1619
t620
I62L
1622
t623
t624

010513:

1007 1008 1063 1064 1069 1070

t07t 1073 1074 1015 tO77 1087

1088 1089 1094 1096 1097 1102 1105 1109 1110

VTD: 121SC09 - SC09

VTD: 121SC10 - SC10
010507:

1006 1008 20ol 2002 2aC. 2oo4 2oos 2006 2007 3037 3055 3056
3057 3059 3060 3067 3068
010511:

2066

VTD: 121SC11- SC11

VTD: 121SC13A - SC13A
VTD: 121SC13B - SC13B
010301

1016 1017 1018 1026 1021 1028 1029 1030 1031 1032 1049 1050
1051 1052 1053 1056 1057 1058 1062 t063 1064 1065 1066 1067
1068 1083 1084 1085 1086 1087 1088 1089 1090 1091 7092 1093
lOgT 1098 1099 1100 1101 1102 1103 1104 1105 1106 1110 1115
1116 1t19 1123 1131

VTD: 121SC14 - SC14

VTD: 121SC16A - SC16A

VTD: 121SC168 - SC16B

VTD: 121SC17 - SC17
010511:

1019 1020 1021 7022 7023 tO27 1028 1029 1032 1050 1051 1052
1053 1054 1055 1056 1057 1058 1059 1063 1064 1065 1066
010513:

1001 1005 1016 1030 1031 1032 1037 1038 1039 1041 1042
1104 1106 1107

lt03

lll7

VTD: 121SC18 - SC18

001706

2oo7 2014 2017 2018 2019 2020 2021 2023 2029

010304:

1015 1016 |OIT 1018 1019 1o2o

l02I

1023 1024 1025 1026 1027

1030 103t t032 1033 1034 1035 1036 2000 2001 2004

20tl 20t2

2013 2oI4 2015 20t6 2oI7 2ol8 2019 2020 2021 2022 2023 2024
2025 2026 2047 2042 2043 2044 2045 2072 2073 2075 2078 20Bl

-50-

LC 28 7 6265

t625 2092 2093 2ll5

1626 VTD: 121SC19 - SC19
7627 010507:
1628 3002 3004 3005 3006 3007 3008 3009 3010 30ll 3017 3020 302I
1629 3022
1630 010511:
7631 1012 1013 1015 1016 1018 1024 LO25 1026 1030 1031 106l
7632 010604:
1633 3011 3012 3013 3015 3016
t634 011305:
1635 3018 3019 3020 302t
1636 01 1306:
t631 1011 t0t2 to32 to33 1034 1036 1038 1039 l}4o 2019 2020 2025
1638 2028 2o2g 2030 2031 2032 2033 2035 2036 2037 2038 2039
1639 VTD: L21SC2I - SC21
t640 010510:
zotg 2o2o 2o2L 3002 3010 3oll 3012 3013 3015 3016 3017 3026
t64t
1642 3021 3028 3029 3031 3034 3036 3031 3038 3039 3042 3043 3044
t643 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3064
1644 3066 3067 3068 3069 3070 3o7t 3072 3073 3074 3075 3076 3017
1645 3018 3o1g 3080 3082 3083 3085 3086 3087 3088 3089 3091 3096
t646 3102 3103 3tO4 3105 3106 3107 3108 3109 3110 3112 3lI4 3tl5
1647 3lt6 3t27 3174 3186 3187 3188 3189 3190 3192 3214 3215 3216
1648 3217 3220 3221 3222
1649 010513:
1650 2036
1651 010515:
1652 1022 1023 tO24 tO25 1036 1037 1038 1039 1040 1041 7042 tO46
1653 1048
1654 VTD: l2lSC23 - SC23
1655 VTD: 1215C27 - SC27
1656 VTD: l2lSC29 - SC29
1651 VTD: 121SC30 - SC30
1658 A07703:
1659 3000 3001 3002 3003 3016
1660 007704:
1.661 3005 3006
-51 -

LC28 76265

t662
t663
1664
1665
t666
1661
1668
1669
1610
r.671
t.612
1613
1614
1675
1616
l67i
161g
1619
16g0
1681

007802:

1000 1001 1002 1003 1004 1006 1016 1018 1025 L021 1028 4012
007806:

2002 2020 2021 2022 2023 2024

007900:

3017 3018 3019 3038 3042 3051 3052 3058

VTD: L2|UC02 -UC02

010510:
3014
010513:

2031 2051

VTD: 121UC03A - UC03A

010510:
3008

For the purposes of this description, the term "VTD" shall mean and describe the same
United
geographical boundaries as provided in the report of the Bureau of the Census for the
designations
States decennial census of 2010 for the State of Georgia. The separate numeric

in the description which are underneath

VTD heading shall mean and describe individual

blocks within a VTD as provided in the report of the Bureau of the Census for the United
States decennial census of 2010 for the state of Georgia.

-52-

LC 28 ] 6265

t682

APPENDIX B

1683

CITY COUNCIL DISTzuCTS

t684

CITY OF SOUTH FULTON

1685
1686
1687
1688

1689
1690
169l
1692
1693
1694
1695
1696
1697
1698
1699
1700
L10r
t102
1703
1704
1705
1706
l70l
1708
1109
1710
71rt
flt2
t7t3
17t4
1715

Plan: SF-7dp1
Plan Type: Local

Administrator: HD61
User: bak

District 001
Fulton County

VTD: 121098 - 098

008202:
4002

VTD: 121SC01 - SC01

001802:

20t7
010303:

1000 1001 1002 1003 1004 1014 1015 1016 1017 1018 1019 1020
1040 1041 1043 2049 2050 2051 2053 2054 2055 2056 2057 2058
2059 2060 2061 2062 2063 2064 2065 2070 2081
010304:

1000 1001 1002 1003 1004

VTD: 121SC02 - SC02

VTD: lzrSCL - SC14

VTD: 121SC16A - SC16A

VTD: 121SC168 - SC16B
VTD: 121SC30 - SC30
007703:

3000 3001 3002 3003 3016

007704:

3005 3006
007802:

1000 1001 1002 1003 1004 1006 1016 1018 1025 1027 1028 40t2
007806:

2002 2020 2021 2022 2023 2024

-53-

LC 28 76265

771.6
t7r7
1718
1l 19
1120
r12t
1722
1723
1124
1125
1126
1727
1128
1129
1730
r73t
1732
t133
1734
1,735
1136
1137
t13B
1739
1140
1141
1142
1743
1144
1745
1146
t747
t748
1149
1750

007900:

3017 3018 3019 3038 3042 305t 3052 3058

District 002
Fulton County

VTD: 1211184 -

llB4

001106:
2028

VTD: 121SC01 - SC01

010303:

1048 1049 1050

1051

010304:

1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1022 l02B
1029

VTD: 121SC13A - SC13A

VTD: 121SC1B - SC1B
007106:

2001 2014 2017 2018 2019 2020 2021 2023 2029

010304:

1015 1016 1017 1018 1019 1020 1021 t023 1024 1025 1026 t021
1030 1031 1032 1033 1034 1035 1036 2000 2001 2016

20n

2018

zUD 2n2o 2o2t 2022 2023 2024 2025 2026

District 003
Fulton County

VTD: 121EP0BA - EP08A

01 1305:

3015 3017
0t 1306:
1031 2008 2018 202t

VTD: 121SC05 - SC05

010301:

1095 2034 2035 2038 2039 2040 2042 2043 2044 2045 2046 2041
2048 2049
010304:

2021 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038
2039 2040 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055

-54-

LC 28 76265

17st 2056 2057 2060 206t 2063 2064 2065 2066 2067 2068 2069 2070
1152 207t 2083 2085 2089 2090 2091 2094 2095 2096 2097 2098 2099
t153 2100 21ot 2tt4
1154 010513:
1155 1009 t025 1026
tt56 010514:
1157 1000
1158 VTD: 121SC08 - SC08
1759 010513:
1760 1007 1008 1063 1064 1069 1o7o 1073 1074 1075 1087 1088 1089
1761 t094 1102 1110
1762 VTD: l2lSC11 - SC17
t763 010511:
1164 1019 1020 1021 1022 1,023 1021 1028 tO29 tO32 1050 1051 tO52
t765 1053 1054 1055 1056 1057 1058 1059 1063 1064 1065 1066
1166 010513:
1761 1001 1005 1016 1030 1031 7032 1037 1038 IO3g LO4r tO42 tr}3
1768 1104 1106 7107 tttT
1769 VTD: 121SC18 - SC18
1170 010304:
1771 2004 2011 2012 2013 2014 2Ot5 2041 2042 2043 2044 2045 2072
I1t2
2013 2015 2078 20BL 2092 2093 2t15
1713 VTD: 121SC19 - SC19
1774 010511:
1175 t0t2 1013 1015 1016 1018 1024 tO25 1026 1030 1031 tO61
1176 010604:
tllt
3011 3012 3013 3015 3016
1178 011305:
1779 3018 3019 3020 3021
1780 011306:
1181 1011 t012 1032 1033 1034 1036 1038 1039 7040 Zotg 2o2o 2025
1182 2028 2029 2030 2031 2032 2033 2035 2036 2031 2038 2o3g
ll83
1784
1785

District 004
Fulton County

VTD: 121FA01A - FA01A

-55-

LC 28 7 6265

1186
1787
1788 '
1789
1790
1797
1792
1193
1194
1795
1196
1797
7l9B
1799
1800
1801
1802
1803
1804
1805
1806
1807
1808
1809
1810
1811
7812
1813
1814
1815
1816
1817
1818
1819
1820
tB21
1822

010400:

3064 3066 3078 3079 3087 3ogg

010514:

2051 2078 2086 2100 2701 2102

VTD: 121SC04 - SC04

VTD: 121SC05 - SC05
010301:

1048 1054 1055 2009 2070 2o1t 2ot3 2014 2015 2016 2011

2ol}

2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2o2g 2o3o
2031 2032 2033 2051 2052 2053

VTD: 121SC07 - SC07

010304:

2081 2103 2t05 2106 2t07 2108 2tO9 2tr2

010400:

3000 3003 3005 3006 3008 3009 3011 3012 3013 3014 3017 3otg

302t 3028 3029 3042 3043 3053 3054 3065

3080

010513:

1021 1022 7043 1044 rO45 1048 tO49 1050 1051 1052 1055 1060

1061 1062 1078 1098 1119 3045

010514:

1002 1003 1004 1005 1006 to12

t0t3 7014 to17 10rg to21 1022

1023 lo24 lO25 1026 1027 1028 1029 1030 1031 tO32 t033 1034
1036 1037 t043 1044 1046 1051 1054 1055 1056 tO57 1059

1061

1062 1063 1065 1066 to61 to73 1087',1088 1089 2000 2OO2 2oO3
2004 2005 2006 2001 2oo8 2009 zoto 2oL1 2OI2 2013 2oI4 2}ts
2076 2011 2018 2019 2020 2o2t 2022 2023 2024 2025 2026 2o2B
2o2g 2o3o 2o3t 2032 2033 2034 2035 2038 2040 2043 2044 2045
2046 2054 2055 2051 2059 2060 2067 2068 2071 2072

2ol3

2014

2015 2076 2017 2080 2085 2oB7 2o9t 2og4 2og8 2tO8

zt)g

21tO

2111

VTD: 121SC0B - SC0B

010513:

t077

VTD: 121SC138 - SC13B

010301:

1016 1017 1018 1026 1027 1028 tO29 1030 1031 1032 tO49 1050

1051 1052 1053 1056 1057 1058 tO62 1063 1064 t065 to66 to67

-56-

LC 28 7 6265

1858
1859
1860
1861
1862
1863
1864
1865
1866
1867
1868
1869
1870
1871
7872
lB73
1814
1875
1816
7877
1878
l}tg
1880
1881
1882
1883
1BB4
1885
1886
1887
1888
1889
1890
1891

VTD: 121SC10 - SC10

010507:

1006 1008 2001 2002 2003 2oo4 2oo5 2006 2oO7 3037 3055 3056
3057 3059 3060 3067 3068
010511:

2066

VTD: 121SC19 - SC19

010507:

3002 3004 3005 3006 3007 3008 3009 3010 3011 3017 3o2o 3021
3022

District 006
F'ulton County

VTD: 121SC09 - SC09

010508:

1009 1010 1011, 1021. 1022 tO23 7024 1025 tO26 1027 rO28 t)zg
1030 1031 1032 LO33 1034 1035 tO36 1037 1038 t03g LO45 1046

VTD: 121SC11- SC11

VTD: l21SC23 - SC23

010516:

2000 2001 2002 2003 2oo4 2oO5 2006 2oO7 2oOB 2o}g 20LO 20t2

20t3 2014 2015 2016 2ot9 2o2o 2o2L 2022 2023 2024 2025 2026
2027 2028 2o2g 2o3o 2031 2032 2033 2034 2035 2036 2037

VTD: L2ISC21 - SCZT

District 007
Fulton County

VTD: 121FA018 - FA01B

010510:

3126

VTD: 12lSC07 - SC07

010513:

2022 2024 2029 2030 2056

010514:

3055 3056 3079 3080

VTD: 1215C21-

SC21

-58-

LC 28 7 6265
1928

description which ale underneath a VTD heading shall mean and describe individual

1929

blocks within

1930

States decennial census of 2010 for the State of Georgia;

1931

(2)

1932

description

1933

boundaries of that city as shown on the census maps for the United States decennial

r934

census of 2010 for the State of Georgia;

t935

(3) Any part of the City of South Fulton which is not included in any district described
in this plan (SF-7dp1) shalt be included within that district contiguous to such part which

1936

VTD

as

provided in the report of the Bureau of the Census for the United

in the description of any district, whenever the

of any district refers to a named city, it shall mean the geographical

Except as otherwise provided

1931

contains the least population according to the United States decennial census of 2010 for

1938

the State of Georgia; and

1,939

7940

(a) Any part of the City of South Fulton which is described in this plan (SF-7dp1) as
being included in a particular district shall nevertholess not be included within such

7941

district if such part is not contiguous to such district. Such noncontiguous part shall

1942

instead be included within that district contiguous to such part which contains the least

1943

population according to the United States decennial census of 2010 for the State of

t944

Georgia.

t945

(5) Any part of the territory described in this plan (SF-7dp1) that has been annexed into

1946

another municipality before July 1, 2015, shall nevertheless not be included in any of the

7941

districts described in the plan.

-60-

LC 28 7 6265

1948
1949
1950
1951
1952
1953
1954
1955
1956
1951
1958
1959

APPENDIX C
CERTIFICATE AS TO MINIMUM STANDARDS
FOR INCORPOT{ATION OF A NEw MUNICIPAL CoRPORATION

I, Representative Roger Bruce, Georgia State Representative from the 61st District and the
author of this bill introduced at the 2015 session of the General Assembly of Georgia, which
grants an original municipal charter to the City of South Fulton, do hereby certify that this

bill is in compliance with

the minimum standards required by Chapter 31 of Title 36 of the

O.C.G.A. in that the area embraced within the original incorporation in this

bill is in all

respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the

O.C.G.A. This certificate is executed to conform to the requirements of

Secrion 36-31-5 of the O.C.G.A.

So certified,

this

day

of

,2015.

1960
1961

Honorable Roger Bruce

1962

Representative,

1963

Georgia State House of Representatives

-61

6 1 st

District

Code