TITLE 2
General Government
Chapter 1 Mayor and Council
Chapter 2 Election
Chapter 3 Municipal Court
Chapter 4 Administration
Chapter 5 Finances and Taxation
CHAPTER 1
Mayor and Council
ARTICLE A
General Provisions
§ 2-1-1 Compensation.
§§ 2-1-2 through 2-1-10 reserved.
ARTICLE B
MEETINGS
§ 2-1-11 Regular meetings.
§ 2-1-12 Adjourned meetings.
§ 2-1-13 Order of business.
§ 2-1-14 Rules of procedure.
§ 2-1-15 Previous questions.
§ 2-1-16 Motions having precedence.
§ 2-1-17 Motion to adjourn.
ARTICLE A
General Provisions
Section 2-1-1 Compensation.
(1) The mayor shall be compensated for services to the city in the amount of $10,800 per year.
(2) The mayor pro-tem shall be compensated for services to the city in the amount of $6,800 per year.
(3) Each council member shall be compensated for services as a council member in the amount of $4,500.
Sections 2-1-2 through 2-1-10 reserved.
ARTICLE B
Meetings
Section 2-1-11 Regular meetings.
Regular meetings of the mayor and council are held at the city hall or at such other place as may be designated, on the second Monday of each month at 6:00 PM.
Section 2-1-12 Adjourned meetings.
If a quorum shall fail to attend any regular or special meeting of the mayor and council or if for any reason any meeting shall fail to complete transaction of the business before the meeting, the meeting may be adjourned to any fate prior to the next regular meeting agreed upon by a majority of the members present.
Section 2-1-13 Order of business.
(1) The order of business at all regular meetings shall be as follows:
(a) approval of minutes of last meeting;
(b) approval of invoices;
(c) corrections, if any, to be made in same;
(d) reports of committees;
(e) unfinished business;
(f) reading by the clerk of any communications; and
(g) new business.
(2) If the mayor and council direct any matter to be the special business of a future meeting, that matter shall have precedence over all other business at that future meeting.
(3) No proposition shall be entertained by the mayor and council until it has been seconded, and every proposition shall, when required by the mayor or any member, be reduced to writing.
Section 2-1-14 Rules or procedure.
Except as otherwise provided by ordinance, the procedure of the mayor and council shall be governed by Robert’s Rules of Order.
Section 2-1-15 Previous questions.
The previous questions may be called at any time by a majority of the members present. The ayes and nays may be called for by any member.
Section 2-1-16 Motions having precedence.
(1) When a question is under consideration no motion shall be received except as follows:
(a) to lay on the table;
(b) to postpone to a time certain;
(c) to postpone indefinitely;
(d) to refer to a committee;
(e) to amend;
(f) to strike out or insert; or
(g) to divide.
(2) Motions for any of these purposes shall have precedence in the order named.
Section 2-1-17 Motion to adjourn.
A motion to adjourn shall always be in order and shall be decided without debate.
CHAPTER 2
Elections
State Law Reference: Georgia Municipal Elections, O.C.G.A., Title 21, Chapter 3.
§ 2-2-1 Election officials.
§ 2-2-2 Voter registration deadline.
§ 2-2-3 Notice of candidacy; filing dates.
§ 2-2-4 Qualification fees.
§ 2-2-5 Polling place.
Section 2-2-1 Election officials.
The mayor and council shall by resolution annually appoint a municipal election superintendent, election mangers, registrars, absentee ballot clerk and any other officials as are necessary, all of whom shall exercise those powers and duties set forth in the Georgia Municipal Election Code (O.C.G.A., Title 21, Chapter 3), as now or hereafter amended.
State Law Reference: Municipal powers, etc., O.C.G.A., Sections 21-3-8, 21-3-31,
21-3-32, 21-3-120, 21-3-227 (b), 21-3-251, and 21-3-283.
Section 2-2-2 Voter registration deadline.
The deadline for registration of voters in city elections shall be at 5:00 PM on the day, 15 days prior to the date of the election.
State Law Reference: Registration, O.C.G.A., Section 21-3-126.
Section 2-2-3 Notice of candidacy; filing dates.
Notices of candidacy shall be filed by candidate for office of the governing authority not sooner than 45 days prior to the election in the case of a general election and not sooner than 30 days prior to the election in the case of a special election. The deadline for filing the foregoing noticed of candidacy shall be 22 days prior to the election in the case of a general election; and 15 days prior to the election in the case of a special election. Notices of candidacy shall be filed in the office of the municipal election superintendent during normal business hours.
State Law Reference: Filing notice of candidacy, O.C.G.A., Section 21-3-91.
Section 2-2-4 Qualification fees.
The qualification fee for candidates filing a notice of candidacy in any general or special election shall be $50 for the office of mayor and $25 for the office of city council member, which fees shall be received by the municipal election superintendent at the time of filing the notice of candidacy and paid over to the city.
State Law Reference: Qualification fees, O.C.G.A., Section 21-3-90.
Section 2-2-5 Polling place.
The polling place shall be as fixed from time to time by resolution of the mayor and council.
State Law Reference: Polling places, O.C.G.A., Section 21-3-163.
CHAPTER 3
Municipal Court
State Law Reference: Municipal courts, O.C.G.A., Section 36-32-1 et. seq.
§ 2-3-1 Creation; jurisdiction.
§ 2-3-2 Sessions; judge; powers.
§ 2-3-3 Clerk; bailiff.
§ 2-3-4 Right of certiorari.
§ 2-3-5 Cases bound over.
§ 2-3-6 Appearance bonds; acceptance; forfeiture.
Section 2-3-1 Creation; jurisdiction.
(1) There is created and established in the City of Midway a municipal court which shall be vested with all judicial power and authority usually conferred upon such courts in this state, as well as those provided by the charter.
(2) The jurisdictional limits of the court shall include the corporate limits proper of the City of Midway, and the court shall have jurisdiction to try offenders against the laws and ordinances of the city committed within the jurisdictional limits of same, and any and all other powers of municipal courts as set forth in chapter 32 or title 36 of the O.C.G.A.
Section 2-3-2 Sessions; judge; powers.
(1) Said court shall be held as often as necessary for trial of offenders, with the times and terms of court to be determined by the judge of the court. The judge shall be an attorney authorized to practice law in the State of Georgia and a resident of the Atlantic Judicial Circuit. The judge of the municipal court shall be appointed by the mayor and council.
(2) In the event of the absence or disability of the judge of the municipal court, the mayor or the judge of the municipal court may appoint some other attorney having the necessary qualifications to serve as judge of the court.
(3) The judge of the municipal court when sitting as such court shall have the power and authority to punish for contempt by a fine not exceeding $50 or by imprisonment not exceeding 10 days, or by both such fine and imprisonment.
(4) Upon the conviction of any defendant or violator of any law or ordinance of the city, the court shall have the right to sentence the offender to pay a fine not exceeding $100 or 30 days imprisonment, or both. Terms of the payments of fines, or terms of serving sentenced, shall be at the discretion of the judge; fines may be paid in installments as directed by the court; sentences may be served in the common jail provided for such purpose or community service may be required of the defendant after conviction, in the event that the fines levied are not paid. The court shall have the power to assess costs against all defendants convicted, to be collected and enforced in addition to, and in the same manner as, fines, all said costs and fines to be paid into the city treasury. The court may issue executions for any unpaid fines and costs to be enforced in the same manner as ad valorem tax executions are enforced.
(5) All cases made in the court shall be in the name of the City of Midway; all warrants for offenses against the laws and ordinances of the city shall be signed by the judge of the court or some officer authorized by law to issue warrants in the State of Georgia; and all other processes of the city, including subpoenas, summons, etc., shall be signed by the clerk and shall bear teste in the name of the judge of the court.
(6) The judge of the court shall have the power to administer oaths and to perform all other acts necessary or proper in the conduct of the court, and where it appears that a state law has been violated and the case is one in which the municipal court does not have jurisdiction the judge shall have the power to bind the offender over to the proper court of Liberty County for trial, to assess bail for the offender’s appearance, and to commit the offender to the jail of Liberty County in default of bond, unless the offense alleged is one of those enumerated offenses over which the superior court shall have exclusive jurisdiction to conduct such court of inquiry.
(7) The court shall have the right to compel the attendance of witnesses inside or outside the jurisdictional limits of the city and may issue attachments where necessary to secure the attendance of any nonresident witness subpoenaed, but the city shall not be required to incur any expense in securing the attendance of any nonresident witness subpoenaed by a defendant.
Section 2-3-3 Clerk; bailiff.
The city clerk, or one of the authorized assistants to the clerk, shall act as clerk for the court and the chief of police, or the chief’s deputies, shall act as bailiff and shall attend the court and perform all duties therein prescribed by the judge and enforce all sentences as may be required by ordinance of this city and all orders of said court.
Section 2-3-4 Right of certiorari.
Any person convicted in the municipal court shall have the relief of certiorari to the Superior Court of Liberty County, Georgia, in the manner provided by law as set forth and embodied in code section 5-4-3 of the O.C.G.A.
Section 2-3-5 Cases bound over.
Any defendant accused of a violation of any offense against the general laws of the State of Georgia, which is also a municipal offence, has the right to demand a trial by jury, and, upon such written demand, the case shall be bound over to the State Court of Liberty County.
Section 2-3-6 Appearance bonds; acceptance; forfeiture.
(1) The mayor and council may grant any arresting officer of the city the authority to take and accept bond for the appearance at the municipal court of any person attested, and the arresting officer shall pass upon the security for such appearance bond. In the event the principal appears in the municipal court at the time specified in the bond, the surety will be relieved of further liability in the bond.
(2) Should the principal fail to appear and a cash bond was given, then the cash bond may be forfeited by the presiding judge and the bonds will be placed in the general fund for use by the city. Should a bond with some person as security be given, and the principal fail to appear, then the presiding judge may issue a rule nisi returnable to the next regular term of municipal court against the principal and the principal’s surety, which shall be served by the chief of police or any police officer upon the principal and surety if either can be found at least five (5) days before the returnable term. Service may be personal or by leaving a copy thereof at the residence of the defendant or the surety or at both such residences or by certified mail posted 10 days before the appearance date. If at such return term of municipal court no sufficient cause is shown to the contrary, judgment shall be rendered by the presiding judge against such principal and surety or such of them which have been served. Execution and fi. fa. may issue to enforce the collection of the judgment and, when collected, the funds are to placed in the general fund of the city for its use.
(3) Should the principal, who is the defendant, fail to appear at the municipal court as specified on the bond, the presiding judge of such court may issue a warrant for the arrest of the defendant. The warrant may be served by any arresting officer of this state, and the defendant may be arrested at any place within the State of Georgia, detained, and returned to the City of Midway for trial.
CHAPTER 4
Administration
§ 2-4-1 City clerk; duties.
§ 2-4-2 City attorney; duties.
§ 2-4-3 Departments established.
§ 2-4-4 Bonds required of certain officers and employees.
§ 2-4-5 Holidays.
§ 2-4-6 Vacation leave.
§ 2-4-7 Sick leave.
Section 2-4-1 City clerk; duties.
In addition to the duties of the city clerk under the city charter, the city clerk shall perform the following duties:
(1) be the custodian of the city seal and affix its impression on documents whenever required.
(2) preserve the codes, records and documents belonging to the city and maintain a proper index to all records and documents;
(3) receive all money due the city, including taxes, licenses and fees, and pay out the same only upon orders of the mayor and council; and
(4) perform any other duties as may be required by the mayor and council.
Section 2-4-2 City attorney; duties.
The city attorney shall be the legal advisor and representative of the city and in that capacity shall:
(1) prepare ordinances when so requested by the mayor and council;
(2) prepare for execution all contracts and instruments to which the city is a party when so requested and approve, as to form, all ordinances, bonds and city contracts; and
(3) render any other legal services as may be required by the mayor and council.
Section 2-4-3 Departments established.
The following departments of the city are hereby established:
(1) administrative;
(2) police;
(3) fire:
(4) water and sewer:
(5) recreation and welfare: and
(6) water maintenance.
Section 2-4-4 Bonds required of certain officers and employees.
Except as otherwise provided by law the mayor and council may require any department head, official, or employee (including law enforcement personnel), before entering upon the discharge of his duties to give good and sufficient bond in any amount decided by the mayor and council. Said bond shall be payable to the city for the faithful performance of said duties and to secure against corruption, malfeasance, misappropriations, or unlawful expenditures in office. Said surety bonds shall be obtained from a surety company licensed to do business in the state and approved by the mayor and council. The premiums thereon shall be paid by the city (Ordinance of 01/12/1987)
Section 2-4-5 Holidays.
The following days are designated as official holidays of the city:
(1) New Year’s Day;
(2) Martin Luther King Junior’s birthday;
(3) Memorial Day;
(4) Independence Day
(5) Labor Day;
(6) Thanksgiving Day; and
(7) Christmas Day.
Section 2-4-6 Vacation leave.
Permanent, full-time employees shall be entitled for five (5) days’ vacation leave after one (1) year of continuous service, 10 days’ leave annually after their second full year of employment and 15 days annually after five (5) years’ continuous service.
Section 2-4-7 Sick leave.
Each permanent, full-time employee shall ear sick leave at the rate of one-half (1/2) day per month or six (6) days for each completed year of service, with a total accumulation of 12 days.
CHAPTER 5
Finance and Taxation
ARTICLE A
General Provisions
§ 2-5-1 Fiscal year.
§ 2-5-2 Annual budget; appropriation.
§ 2-5-3 Purchasing.
§§ 2-5-4 through 2-5-10 reserved.
ARTICLE B
Property Taxes
§§ 2-5-11 through 2-5-20 reserved.
ARTICLE C
Occupation, Profession and Business Taxes
§ 2-5-21 Definitions.
§ 2-5-22 Levy of tax.
§ 2-5-23 Separate businesses.
§ 2-5-24 Registration required.
§ 2-5-25 Payment of tax.
§ 2-5-26 Issuance of tax certificate.
§ 2-5-27 Certificate to be displayed.
§ 2-5-28 Change of address.
§ 2-5-29 Change of ownership; transfers.
§ 2-5-30 Enforcement.
§ 2-5-31 Penalties.
§ 2-5-32 Criminal penalties; license revoked.
§§ 2-5-33 through 2-5-40 reserved.
ARTICLE D
Alcoholic Beverage Excise Tax
§ 2-5-41 Taxes assessed.
§ 2-5-42 Malt beverages.
§ 2-5-43 Wine.
§ 2-5-44 Distilled spirits; retail package.
§ 2-5-45 Payment of tax.
ARTICLE A
General Provisions
Section 2-5-1 Fiscal year.
The fiscal year of the city shall commence on January 1 and end on December 31 of each year.
Section 2-5-2 Annual budget; appropriation.
An annual budget and an appropriations ordinance shall be adopted by the mayor and council prior to the first day of the fiscal year. However, if for good and sufficient reasons the budget cannot be adopted by the first day of the fiscal year, then budget shall be adopted not later then 45 days subsequent to the beginning of the fiscal year. If the budget and the appropriations ordinance are not adopted prior to the beginning of the fiscal year, this section automatically authorizes the continuation of necessary and essential expenditures to operate the city. The budget as adopted shall be a balanced budget with anticipated revenues (including appropriated unencumbered surplus) equal to appropriated expenditures. All funds within the budget shall also be balanced.
State Law Reference: Local government financial management standards and procedures, O.C.G.A., Section 36-81-1 et. seq.
Section 2-5-3 Purchasing.
The city clerk shall be the purchasing agent of the city, and shall:
(1) arrange and negotiate the purchase or contract for all equipment, supplies and contractual services for the city, and sell or otherwise dispose of all surplus city equipment and supplies; and
(2) maintain an inventory or all materials, supplies or equipment owned by the city.
Sections 2-5-4 through 2-5-10 reserved.
ARTICLE B
Property Taxes
Sections 2-5-11 through 2-5-20 reserved.
ARTICLE C
Occupation, Profession and Business Taxes
Cross Reference: Business and occupation licenses, Section 7-1-1 et. seq.
Section 2-5-21 Definitions.
The following words where used in this article, unless the context requires otherwise, shall be deemed to have the following meanings:
(1) Business. Any business, trade, occupation, profession, avocation, or calling of any kind for gain or profit, directly of indirectly.
(2) Engaged in business. Any person shall be deemed to be engaged in business and thus subject to the requirements of this article when he performs any act of selling any goods or service or solicits business or offers goods or services for sale for payment in an attempt to make a profit, including the sales or services of the character as made by a wholesaler or retailer or involved in any of the functions performed as a manufacturer, profession or occupation within this city.
(3) Manufacturer. A person who, either directly of by contracting with others for the necessary labor or mechanical services, manufactures for sale or commercial use any articles, substances or commodities; including all activities of a commercial nature wherein labor or skill is applies by hand or substance of trade or commerce is produced; and including the production or fabrication of specially or custom made articles; and including the making, fabricating, processing, refining, mixing, slaughtering, packing, aging, curing, preserving, canning and preparing and freezing of fresh foods, fruits, vegetables and meats.
(4) Person. Any person, firm, partnership, corporation, association or group of individuals, or their representatives, acting as a unit.
(5) Retailer. A person who sells to the consumer or any other person for any purpose other than for resale in the form of tangible personal property.
(6) Services. The accommodating or performing a duty or work by a person utilizing time or talents for direct or indirect remuneration.
(7) Wholesaler. A person who sells to jobbers or to another person other than the consumer anything in the form of tangible personal property.
Section 2-5-22 Levy of tax.
(1) Except as otherwise provided in this chapter, there is herby levied and assessed a business tax of $30 per year on all occupation and businesses in the city which, under the laws of the State of Georgia, the city has the authority to collect a tax therefore.
(2) New businesses granted licenses after the beginning of the license year shall pay a prorated license fee for the year.
Section 2-5-23 Separate businesses.
Where a person conducts a business at more than one (1) store, location or place, each store, location or place shall be considered a separate business under the terms of this article and a separate tax shall be levied and paid; and should more than one (1) business on which a tax is levied by this article be conducted in or in conjunction with one (1) place or kind of business, each such business shall be subject to a separate tax under this article unless such a combination is listed in the tax schedule.
Section 2-5-24 Registration required.
Every person engaged in any business, occupation or profession within the city upon which tax is imposed or levied by this article, shall register that business, occupation or profession with the city clerk on or before November 1 of each year, or within 10 days of the opening of a new business or the sale of any established business; upon forms to be supplied by the city clerk, giving the name, address and type of business, occupation and profession and any other information as may be required by the city clerk for the purpose of determining the amount of tax to be imposed or assessed by this article. A city business license application shall be sufficient to meet the requirements of this section.
Section 2-5-25 Payment of tax.
All taxed imposed and assessed in this article shall be due and payable on or before January 1 or each year. Except in the case of any business commenced or under new ownership after that date, the taxes shall be due and payable within 10 days of when the business is commenced or reopened under new ownership. Payment of the tax may be made personally to the city clerk in cash, or by company check, money order, bank draft, certified check or cashier’s check made payable to the city. The tax shall be payable in a single installment.
Section 2-5-26 Issuance of tax certificate.
Upon the payment of the taxes assessed in this article, it shall be the duty of the city clerk to issue to each person a business or occupational tax receipt and certificate. A city business license shall be sufficient for this section.
Section 2-5-27 Certificate to be displayed.
All persons shall exhibit and display the city tax certificate or city license in some conspicuous place in their business establishment. Any transient or nonresident person, firm or corporation doing business within the city shall carry the certificate or license either upon his or her person or on any vehicle or other conveyance which is used in the business, and the person shall exhibit the same to any authorized enforcement officer of the city when requested to do so.
Section 2-5-28 Change of address.
Any person moving a non-transient business from one (1) location to anther shall notify the city clerk of the move and the new address in writing, no later than 10 days after moving. The same tax certificate shall be valid at the new location.
Section 2-5-29 Change of ownership; transfers.
No tax certificate may be transferred from one (1) person to another. Additions to or deletions from the ownership of a business, which do not affect the liability and the principal ownership of a business for which the certificate is issued, may be made without canceling the old business or occupational tax certificate and applying for a new certificate. Whenever any person shall lease, operate or control the business franchise or property of other persons, they shall obtain a separate business tax certificate for each such business; provided no business shall pay the tax more than once under such an arrangement.
Section 2-5-30 Enforcement.
The city clerk shall issue executions for the collection of all outstanding and unpaid taxes imposed and assessed by this article. The unpaid taxes and executions shall be collected in the manner provided by law for the collection of other taxed dues the city.
Section 2-5-31 Penalties.
Any person failing to register on or before November 1 of each year or in the case of a new business or new owner, within 10 days of commencing business, or failing to pay the tax due under the terms of this article by the due date, shall be subject to a penalty of 10 percent (10%) of the business or occupational tax when due per month for each month or fractional part thereof for which the tax is due or unpaid.
Section 2-5-32 Criminal penalties; license revoked.
Any person, firm or corporation including the officers, agents or employees of same, violating the provisions of this article, upon conviction thereof shall be punished as provided in section 1-1-5 of this code. Each day in violation hereof shall be a separate offense hereunder. Any person so convicted shall be subject to the revocation of any city business license.
Sections 2-5-33 through 2-5-40 reserved.
ARTICLE D
Alcoholic Beverage Excise Tax
Cross Reference: Licensing of alcoholic beverages, Title7, Chapter 3.
Section 2-5-41 Taxes assessed.
In addition to the license fees required in title 7, chapter 3, and in addition to the excise taxes levied by the state, all alcoholic beverage licensees shall pay to the city the taxes imposed in this article, to be collected as set forth hereinafter.
Section 2-5-42 Malt beverages.
There is hereby imposed an excise tax on the sale of malt beverages as follows:
(1) Malt beverages served as tap or drought beer from a barrel or bulk container shall pay a tax of six dollars ($6.00) per container of not more than 15 1/2 gallons, and a proportionate tax at the same rate on any smaller containers.
(2) Malt beverages sold in cans or bottles shall bear a tax of four and one-half cents ($0.045) per 12 ounces proportionate to the size of the container.
State Law Reference: Excise tax on malt beverages, O.C.G.A., Section 3-5-80, 3-5-81.
Section 2-5-43 Wine.
There is hereby imposed an excise tax on the sale of wine by the package, which tax shall be twenty-two cents ($0.22) per liter and a proportionate tax upon any fractional part thereof.
State Law Reference: Excise tax on wine, O.C.G.A., Section 3-6-60.
Section 2-5-44 Distilled spirits; retail package.
There is hereby imposed an excise tax on the sale of distilled spirits by the package, excluding the sales of fermented beverages, which tax shall be twenty-two cents ($0.22) per liter and a proportionate tax upon any fractional part thereof.
State Law Reference: Excise tax on distilled spirits, O.C.G.A., Section 3-4-80.
Section 2-5-45 Payment of tax.
(1) The excise taxes provided in sections 2-5-41 through 2-5-44 of this article shall be imposed upon and shall be paid by the licensed wholesale dealer.
(2) The taxes shall be paid on or before the 10th day of the month following the calendar month in which the alcoholic beverages are sold by the wholesaler dealer.
(3) Each licensee responsible for the payment of excise tax shall file a report with the city itemizing for the preceding calendar month all information pertaining to sales during said month within this municipality.
