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newing any franchise to construct
and operate a public utility, prescribe
the kiud and quality of service or pro
duct to be furnished, the rate or rates
to be charged therefor, the manner in
which the streets and public grouds
shall be used and occupied, and any
other terms and conditions conducive
to the pub'-c interest, which are not
in conflict with the general laws of.
the State of Georgia.
Termination.
Section 42. All such grants and
renewals thereof shall reserve to the
city the right to terminate the same
and to purchase all the property of
the utility in the streets and high
ways in the city and elsewhere, as
may be provided in the ordinance
making the grant or renewal, used in
or useful for the operation of the util
ity ; at a price either fixed by Jhe ordi
nance making the grant, or if no such
price be fixed, thereafter to be fixed
by arbitration. Nothing in such grant
shall prevent the city from acquiring
the property of any such utility by
condemnation proceedings or in any
other lawful mode; but all such meth
ods shall be alternative to the power
to purchase, reserved in the grant or
renewal, hereinbefore provided. Upon
the acquisition by the city of the
property of any utility, by purchase,
condemnation or otherwise, all grants
or renewals shall at once terminate.
Price Excludes Value of Grant.
Section 43. No ordinance making
such grant or renewal shall be valid
unless it shall expresly provide there
in that the price to be paid by the city
for the property that may be acquired
by it from such utility, by purchase,
condemnation or otherwise, shall ex
clude all value of such grant or re
neWaL
Extensions.
Section 44. The City Managers
may, by ordinance, grant to any in
dividual, company, or corporation op
erating a public utility, the right to
extend the appliances and service of
such utility, subject to the provision
of section 38 of this charter. All
such extensions shall become a part
of the aggregate property of the util
ity. and shall be subject to all the ob
ligations and reserved rights in favor
of the city applicable to the property
of the utility by virtue of the ordi
nance providing for its construction
and operation. The right to use and
maintain any such extension shall ex
pire with the original grant of the
utility to which the extension was
made or any renewal thereof; but
nothing herein contained shall operate
to confer upon any utility company
rights by extension that a new com
pany could not obtain by original
franchise.
Consents.
Section 45. No consent of the
owner of property abutting on any
highway or public grounds shall be
required for the construction, exten
sion. maintenance or operation of any
public utility or original grant or re
newals. unless such public utility is
of a character that its construction
or operation is an additional burden
upon the rights of the property own
ers in such high way or public grounds.
’’’F w Regulations.
Section 4G. The .City Managers
shall at all times control the distri
bution of space, in. over, under, or
across all streets or public grounds
occupied by public utility fixtures. All
rights grants for the construction
and operation of public utilities shall
be subject to the continuing right of
•tile Ciry Managers to require such
..construction, relocation, change or
discontinuance of the apliances used
by the utility in the streets, alleys,
avenues, and highways of the city, as
shall in the opinion of the City Man
agers be necessary to the public in
terest.
"’Jr ' City Taxes.
1 Section 47. The City Managers
• shall have the power to levy and col
lect taxes upon property of every na
ture whatsoever in said city, and shall
have all of the powers to taxation
■conferred upon the Mayor and Coun
cil of the City of Gainesville under
former acts incorporating said city,
and the City Managers shall provide
a method of assessing property, both
real and personal, and for equalizing
assessments, and shall also have au
thority to levy and collect in addition
to the advalorum tax on property, oc
cupation taxes on all callings and bus
iness of every nature that may be
carried on in said city, either by res
idents or non-residents, provided that
no tax upon property shall exceed a
tax of one per cent of the value of all
property and such a percentaage in
addition thereto as shall be necessary
to maintain the school system of the
city, but in no event shall the tax
upon tl.r property so levied exceed
one and one-lmif per cent.
APPROPRIATIONS.
The Estimate.
Section 48. The fiscal year of the
city shall begin on the first day of
January. On or before the first day
of November of each year the City
Superintendent shad submit to the
City Managers an estimate of the ex
penditures and revenues of the city
departments for the ensuing year.
This estimate shall be compiled from
the detailed information obtained
from the several departments on uni
form blanks to be furnished by the
City Superintendent. The classifica
tion of the estimate of expenditures
shall be as nearly uniform as possi
ble for the main functional divisions
of all departments and shall give in
parallel columns the following infor
mation :
(a) A detailed estimate of the
expense of conducting each depart
ment as submitted by the depart
ment.
(b) Expenditures for correspond
ing items for the last two fiscal years.
(c) Expenditures for correspond
ing items for the current fiscal year,
including adjustments due to trans
fers between appropriations plus an
estimate of expenditures necessary to
complete the current fiscal year.
(d) Amount of supplies and ma
terial on hand at the date of prepara
tion of the invoice.
(e) Increase or decrease of re
quests compared with the correspond
ing appropriations for the current
year.
(f.) Such other information as is
required by the City Managers or that
the City Superintendent may deem
advisable to submit.
(g). The recommendation of the
City Superintendent as to theamounts
to be appropriated with reasons there
for in such detail as the City Mana
gers may direct. >
Sufficient copies of such estimate
shall be prepared and submitted that
there may be copies on file in the of
fice of the City Managers for inspec
tion by the public.
Appropriation Ordinance.
Section 49. Upon receipt of such
estimate the City Managers shall pre
pare an appropriation ordinance in
such form as may be prescribed by
ordinance or resolution. Before fi
nally acting upon such tentative ap
propriation the City Managers shall
fix a time and place for holding public
hearings upon the tentative appropri
ations. and shall give public notice of
such hearings. Following the pub
lic hearing and before its final pass
age the appropriation ordinance shall
bo published with a parallel compari
son with the recommendation of the
City Superintendent. The City Man
agers shall not pass the appropriation
ordinance until ten days after its pub
lication. nor before the second Mon
day in January.
Revision of Appropriations.
Section 50. If. at the beginning
of the term of office of the first Board
of City Managers-elect under the pro
visions of this charter, the appropria
tion for expenditures of the City Gov
ernment for the current fiscal year
have been made, said City Managers
shall have power by ordinance to re
vise, to repeal, or change said appro
priation and to make additional ap
propriations.
Transfer of Funds.
Section 51. Upon request, of the
City Superintendent the City Mana
gers may transfer any part of an un
encumbered balance of an appropria
tion to a purpose or object for which
the appropriation for the current year
lias proved insufficient, or may au
thorize a transfer to be made between
items appropriated to the same office
or department, so far as may be law
fully done under the general laws of
the state.
Limitations or Appropriations.
Section 52. At the close of each
fiscal year the unencumbered balance
of each appropriation shall revert to
the respective fund from which it was
appropriated and shall be subject to
future appropriations.
Any accruing revenues of the city,
not appropriated as hereinbefore pro
vided. and any balances at any time
remaining after the purposes of the
appropriations shall have been satis
fied or abandoned, may from time to
time be appropriated by the City Man
agers to such uses as will not conflict
with any uses for which specifically
such revenues accrued.
No money shall be drawn from the
treasury of the city, nor shall any ob
ligation for the expenditure of money
be incurred, except pursuant to the
appropriations made by the City Man
agers.
GENERAL PROVISIONS.
Compensation of Officers and Em
ployees.
Section 53. The City Managers
shall fix by ordinance the salary or
compensation, and the term of office,
of the heads of the departments, and
its own employees, the salary or com
pensation of the members of the di
\ ision of police and fire, and of mem
bers of boards in the unclassified ser
vice of the city, except as otherwise
provided by this charter.
The City Superintendent shall fix
the number and salary or compensa
tions of all other officers and employ- -
ees.
The salaries or compensations so
fixed shall be uniform for like ser
vice in each grade of the service as
the same shall be graded or classified
by the City Superintendent in accord
ance with the rules and*regulations
adopted by the Civil Service Board.
All such salaries and rates of pay
/ >. /5 1 /
shall be reported to the City Employ- i
meat Officer, or such officer as shall
be designated by the City Managers,
forthwith. All fees and moneys re
ceived or collected by officers and em
ployees shall be paid into the city
treasury.
Officials Bonds.
Section 54. The City Managers
and City Superintendent in fixing the
salary of any officer, clerk, or em
ployee shall determine whether such
officer, clerk or employee shall give a
bond and the amount thereof, which
bond shall be procured from a regu
larly accredited security company au
thorized to do business under the laws
of Georgia. Premiums on such bonds
shall be paid by the city.
Continuance of Present Officers.
Section 55. All persons holding
office at the time this charter goes
into effect shall continue in the per
formance of, their duties until pro
vision shall have been otherwise made
in accordance with the provisions of
this charter for the perforihance or
discontinuance of the duties of any
such office. When such provision
shall have been made the term of any
such officer shall expire.
The powers which are conferred
and the duties which are imposed
upon any officer, board, commission,
or department of the city under the
laws of this state, or former charter
of this city, shall if such officer, board,
commission or department is abol
ished by this charter be thereafter
exercised and discharged by the offi
eej. board, or department upon whom
are imposed corresponding functions,
duties, and powers under the provis
ions of this charter.
Provided further. That John B. Ru
dolph. the,present Mayor, shall con
tinue in office as Mayor for the year
1915. at the same salary as now re
ceived by him in that capacity; and
provided further, that John A. Pierce,
IL 11. Grigg, and Dr. W. A. Palmour
shall continue in office as City Mana
gers under the new charter for the
year 1915. or until their present term
expires, leaving only two City Man
agers to be (dected during the year
1914. at the first election under the
provisions of this charter.
The City Superintendent shall be
<4ected by the City Managers at the
time specified in this charter.
Oath of Office.
Section SG. Every officer of the
city shall before entering upon the
duties of his office, take and subscribe
an oath or affirmation, to be filed and
kept in the office of the City Mana
gers. that he will in all respects faith
fully discharge the duties of his of
fice*.
Continuance of Contracts.
Section 57. All contracts entered
into by the city or for its benefit prior
to the taking effect of this charter
shall continue in force and effect. All
public work begun prior to the taking
effect of this charter shall be contin
ued and perfected hereunder. Pub
lic improvements for which legisla
tive steps shall lune been taken under
the laws in force at the time this
charter takes effect may be carried to
completion in accordance with the
provisions of such laws.
City Purchasing Agent.
Section 58. The City Purchasing
Agent, who shall be the City Superin
tendent. unless otherwise provided by
ordinance by the City Managers shall,
in the manner provided by ordinance,
purchase all supplies for the city, sell
all personal property of the city not
needed or unsuitable for the public
use or that may have been condemned
as useless by the director of a de
partment. He shall have charge of
such storerooms and storehouses of
the city as may be provided by ordi
nance. in which shall be stored all
supplies and materials purchased by
the city and not delivered directly to
the various departments, and he shall
inspect all supplies delivered to de
termine quality and quantity and con
formance with specifications, and no
voucher shall be honored unless the
accompanying invoice shall be en
closed as approved by the City Pur
chasing Agent. Real estate of the
city shall not be sold or otherwise
disposed of except by the City Man
agers or some one expressly author
ized by them in each instance.
Section 59. The City Purchasing
Agent may require from the director
of each department at such times as
contracts for supplies are to be let, a
requisition for the quantity and kind
of supplies to be paid for from the ap
propriations of the department.
Upon certification that funds are
available in the proper appropriations
such goods shall be purchased and
shall be paid for from funds in the
proper department for that purpose.
However, this procedure shall not
prejudice the City Purchasing Agent
from purchasing goods for cash to
the credit of the stores account, to be j
furnished several departments on re- I
quisition to be paid for by the depart- :
meat furnished therewith by warrant I
made payable to the credit of the!
stores account.
The City Purchasing Agent shall I
not furnish any supplies to or pur- I
chase any supplies for any depart- ‘
nient unless there be to the credit of j
such department an available appro- ,
print ion balance in excess of all un
paid obligations sufficient to pay for ■
such supplies, except by the authority :
of the City Managers.
Before making any purchase or
sale, the City Purchasing Agent shall
give opportunity for competition, all
proposals to be upon precise specifi
cations. and under such rules and reg
ulations as the City Managers shall
establish. Each order of purchase or
sale to be approved and countersigned
by the City Superintendent, or his
deputy, except he shall have author
ity to purchase supplies and provide
for repairs, the amount of which shall
not exceed 8100.00 without competi
tive bids.
Certification of Funds.
Section 60. No contract, agree
ment. or other obligation involving
the expenditure of money shall be en
tered into, nor shall any ordinance
resolution or order for the expenditure
of money be passed by the City Man
agers. or be authorized by any officer
of the city unless the head of the de
partment of Finance, or such officer
as the City Managers may designate,
first certifies to the City Managers,
or to the proper officer, as the case
may be. that money required for such
contract, agreement, obligation or ex
penditure. is in the treasury, to the
credit of the fund from which it is to
be drawn, and not appropriated for
any other purpose, which certificate
shall be filedand immediately recorded
The sum so certified shall not there
after be considered unappropriated
until the city is discharged from the
contract, agreement or obligation.
Money in the Fund.
Section 61. All moneys actually in
the treasury to the credit of the fund
from which they are to be drawn,
and all moneys applicable to the pay
ment of the obligation or appropria
tion involved, that are anticipated to
come into the treasury Before the ma
turity of such contract, agreement, or
obligation, from taxes or assessments
<>r from sales or services, products, or
by-products, or from any city under
taking. fees, charges, accounts, bills
receivable or other credits in the pro
cess of collection: and all moneys ap
plicable to the payment of such obli
gations. or appropriations, which are
to be paid into the treasury prior to
the maturity thereof, arising from the
stile or lease of lands or other prop
erty. and moneys to be derived from
lawfully authorized bonds sold and in
process of delivery shall, for the pur
poses of certification, be deemed in
the treasury to the credit of the ap
propriate fund and subject to such
certification.
Contracts for Public Advertising.
Section 62. All public advertising
or publication necessary under the
provisions of this charter shall be in
a weekly newspaper of general circula
tion within the city, and shall be done
by contract, or in a journal published
by the city, as may lie determined by
ordinance. If such contract shall be
with a newspaper it shall be entered
into only after opportunity has been
given to competition under such rules
and regulations as the City Managers
may establish and for a term of not
longer than one year.
Contracts in Excess of SIOO.OO.
Section 63. No contract involving
an expenditure in excess of One Hun
dred Dollars ($100.00) shall be awar
ded except upon approval of the City
Managers.
Bids in Excess of Estimate.
Section 64. In no instance shall
contracts be let either as a whole, or
in aggregate, if bids for part of the
work are taken, which exceed the es
timate for the improvement contem
plated.
Contracts—When Void.
Section 65. All contracts, agree
ments, or other obligations entered
into and all ordinances passed, resolu
tions and orders adopted, contrary to
the provisions of the preceding sec
tion. shall be void.
Election Provisions.
Section 66. No person shall be al
lowed to vote in any election in said
city unless he is registered as a voter
in accordance* with the provisions
hereinafter set forth.
Registration.
Section 67. The City Managers
shall have full power and authority to
provide for the registration of voters
prior to any municipal election in j
said city, to make all needful rules j
and regulations for same, not in con- j
fl let -with this charter or the general '
iaw. and to constitute and appoint the!
tax collector of Hall county to the of
fice of registrar of said City. His
compensation as such registrar shall!
be fixed by the Board of City Mana- •
gers, ami when he is appointed, said
City Managers shall require him to
perform the duties of said office. The i
Registrar of said city shall keep a [
book known as the permanent rogis- I
tration book of electors of said city. I
and the (‘lectors of said city shall sign I
the said book under an oath contained
therein, which shall be in the billow
ing words, to-wit:
••I do swear that I am a legally!
registered voter of Hall County upon ■
the permanent qualifications book of
the county, and I do further swear
that I have resided within the corpor
ate limits of the City of Gainesville
for 30 days preceding the taking of
this oath, and that I have paid all
taxes, state, county and municipal,
that have been required of me. and
that I have had an opportunity of
paying since the adoption of the pres
ent constitution of this state.”
The Registrar of said city shall im
mediately upon his appointment by
said City Managers, or as soon there
after as practical, procure the book
for registration above provided for
and open the same and keep the same
open at all hours when the tax col
lector's office is open, to enable the
electors of said city to register there
in. and no person, registering there
shall be required to register again as
a qualified (‘lector of said city, so long
as such person remains a resident of
said city, and each elector so regis
tering shall be entitled to vote in all
city elections held thereafter, provid
ed he has paid all taxes lawfully due
by him at that time. The purpose of
this provision of this Act being to pro-
I vide a permanent system of registra
tion for said city.
Registrar to Furnish List of Voters.
Section 68. Whenever an election
is required to be held by virtue of this
Act. or under the law of the state in
said city, it shall be the duty of the
City Registrar or person having the
custody of the permanent registration
books, ten days before the time of
such (dection. to make from said book
a list of voters for such election, and
in making such list, the registrars
shall exclude all persons on the regis
tration list who registered later than
fifteen days prior to such election as
well as those who are for any reason
not entitled to vote on account of non
payment of taxes, or who shall be
disqualified from voting for any rea
son. That is to say. that the list of
voters shall be made up from the per
manent registration book by exclud
ing therefrom those who are not quali
fied to vote in the approaching elec
tion. The list of voters so made up
by the registrar shall be furnished to
the managers of the election, and no
person shall be allowed to vote at
such election unless his name appears
on said list of voters, or unless he pro
duce and exhibit to the managers a
certificate signed by the registrar that
his name was omitted therefrom by
accident or mistake.
Manner of Holding Elections.
Section 69. All elections in said
city shall be conducted in the follow
ing manner, to-wit:
The City Managers shall designate
the place at which the polls shall be
opened in said city, preferably the
City Hall of said City, and shall then
designate three managers and two
clerks to officiate at said polling place,
ami such managers and clerks shall
be sworn by some officer authorized to
administer an oath to faithfully dis
charge the duties imposed upon them,
and not to divulge how any person
has voted at any election unless called
upon to give evidence thereof in some
court of competent jurisdiction of this
state. The City Managers shall pro-
vide for such election, no matter for
what purpose called, an official ballot
on which shall appear the names of
al! offices to be filled and all candi
dates for offices, and the question or
questions submitted, ami no ballot
shall be voted except the official bal
lot. thus prepared and furnished to
the election managers by the City
Managers. Only one person shall be
permitted to enter the polling place
by the managers at a time, and one
such ballot numbered with a corres
ponding number to the number on the
list of voters kept by the clerks shall
be delivered to the voter, and such
voter shall retire to a booth or other
private place which shall be provided
by the City Managers and strike from
such ballot the names of persons and:
the side of the question that he does!
not desire to vote for. and return such :
ballot to the manager, and his name t
shall then be entered on the list of I
voters by the clerk, and the ballot i
shall be placed in the box. If the j
voter shall leave upon his ballot morel
names of candidates than are to be j
elected to a particular office, or two l
sides of the question to be submitted. I
then said ballot shall not be counted
as to such office or as to such ques
tion.'The election managers may pre
pare in the presence of each other the
ballot of any blind, illiterate, or in
firm person requesting them to do so.
but in no other instance shall the bal
lot be prepared by the managers or
clerks. The polls shall be opened at
the election precinct not earlier than
nine o'clock a. m.. eastern standard
time, and shall be closed not later
than four p. m.. eastern standard
time. The election Managers shall
publicly exhibit the box when the
polls are opened, and show that no
ballots are contained therein, and the
box shall then be sealed in the pres
ence of the bystanders, except as to
place oi’ depositing the ballot, and
shall remain sealed until the polls are
closed. When the polls are closed,
the votes shall be counted publicly,
but at no other time during the day
shall any person be admitted by the
managers, the clerks, and the voter,
entering one at a time. In counting
the votes each ballot shall be called
by one of the managers and inspected
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Section 76. B
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Clerk of Council
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teen days prior t:
thorized to vote a
list shall embrace
registered voters
Continued