§ 1.03. Corporate powers.

The corporate powers of the city shall include the following:

(a)

In accordance with the laws of the State of Georgia, to levy and to provide for the assessment, valuation, re-evaluation, and collection of taxes on all property subject to taxation for state and county purposes; and to contract with any city, county or other governmental and political subdivision for the ministerial acts of billing and collection of city ad valorem taxes, or other fees, assessments, or taxes, as the city council may by resolution authorize.

(b)

To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions.

(c)

To appropriate and borrow money to provide payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose, or for matters of national or state interest, and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken.

(d)

To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the city.

(e)

To condemn property, inside or outside the city, for any corporate purpose deemed necessary by the city council, under chapter 36 of the Code of Georgia, 1933, as amended [now O.C.G.A. tit. 22], or under other applicable laws.

(f)

To acquire, own, construct, operate, distribute and maintain public utilities and services including a system of waterworks, a natural gas system, sewerage system, an electrical system including, but not limited to, community antenna television system inside or telecommunications system inside or outside the corporate limits of said city subject to the provisions of applicable general laws. For water, gas and electricity furnished, and for all sewerage and sanitary services rendered, said city may prescribe the charges, rates, fares, fees, rules, regulations and standards and conditions of service to be provided. If any such charges, rate fares or fees are not paid, such shall constitute a lien against any property of the persons served, said lien to be enforceable in the same manner and with the same remedies as a lien for city property taxes. No utility owned or operated by the City of Cartersville shall be sold unless such sale shall be first approved in a special election by a majority vote of those electors voting in said special election in the City of Cartersville.

(g)

To grant franchises or make contracts for public utilities and public services including, but not limited to, electricity, gas, water, cable and telecommunications not to exceed periods of forty (40) years except that no franchise shall be granted for gas, water and electricity in any area within the corporate limits as of January 1, 1974, unless such franchise shall be first approved by the Mayor and City council of the City of Cartersville. The city council may prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations of the public service commission.

(h)

To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the city; and to regulate the use thereof, and for such purposes property may be acquired by condemnation under Chapter 36 of the Code of Georgia, 1933, as amended [now O.C.G.A. tit. 22], or any other applicable laws.

(i)

To prescribe standards of health and sanitation and to provide for the enforcement of such standards.

(j)

To provide for the collection and disposal of garbage, rubbish and refuse, and to provide power and authority to take all necessary and proper means for keeping the city free from garbage, trash and filth. Charges or fees may be imposed to cover the costs of such services, which, if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes.

(k)

To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental or likely to be detrimental to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city.

(l)

To define a nuisance in the city and to provide by ordinance for its abatement.

(m)

To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards.

(n)

To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the city council may provide for the commitment of city prisoners to any city jail or to any county work camp, or jail by agreement with appropriate county officers.

(o)

To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment and disposition of same.

(p)

To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinances; and to regulate and rent parking spaces in public ways for the use of such vehicles.

(q)

To provide for a license fee and a tax on the sale of malt beverages and alcoholic beverages, after the sale of either has been duly authorized by law.

(r)

To provide that upon the conviction of the violation of any ordinance, rule, regulation or order, the offender may be punished within limitations prescribed by the city council in such ordinance, rule, regulation or order but not exceeding the limitations prescribed by this charter.

(s)

To adopt by ordinance a plan or plans for the zoning of the city, in the interest of public health, safety, order, convenience, comfort, aesthetics, property, and general welfare, and for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages; or for the purpose of preserving buildings, structures or areas having national, regional, state or local historic significance; or for the purpose of maintaining or improving the aesthetic appearance of any buildings, structures or areas. The zoning regulations may be based upon any one (1) or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and councilmen of said city shall deem best to accomplish and purposes of the zoning regulations.

(t)

To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals and libraries.

(u)

To regulate and control public streets, public alleys and ways; and in the discretion of the city council by ordinance to alter, open or close public streets and public alleys and ways.

(v)

To contract with any state department, agency, or other political subdivisions for the joint services or the exchange of services; to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any such agency or subdivision to perform any service or execute any project in which the municipality has an interest.

(w)

To contract with the United States of America, the State of Georgia, any county of the State of Georgia or any political subdivision of the State of Georgia or any department or agency of either for products, services or grants of funds for any lawful purpose or purposes.

(x)

To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumeration of particular powers in this act shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to cities under the Constitution or laws of the state.

(y)

To authorize the police to enforce ordinances on private property generally used by the public.

(Amend. No. 2-97, 5-8-97; Res. No. 23-98, Exh. A, 11-5-98)

State law reference

Constitutional grant of home rule powers, Ga. Const. art. IX, § II, ¶ III; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.