When the decision was made to incorporate, a community based charter team was formed. At first, they attempted to create a charter from scratch, defining the city narrowly, based on the chosen services. This would have created a new form of government, i.e. a “City Lite.” Our local legislators attempted to introduce this concept and it was rejected. Then they tried another approach. They adopted the Georgia Municipal Association’s (GMA) model charter as the basis for the new city charter and legally modified it to “limit” the powers of the new city. This approach was successful and the legislation was approved. We will discuss the GMA model charter first then discuss how our city charter evolved from that.
The GMA model city charter sets out the format and content for both new charters and amendments to existing charters in the State of Georgia. Common features of municipal charters include: “(1) Provisions governing incorporation, boundaries and powers; (2) Provisions governing the structure and form of the government; (3) Administrative organization and function ;(4) Judicial powers and procedures; (5) Election procedures and regulations;(6) Financial procedures; and(7) General provisions.” (page 9).
A key concept is the difference between powers and services. Think of a power as an action the city is authorized to perform. These actions are limited by the services we provide. As an example, one “power” that generated some controversy at a recent town hall meeting was the provision for a municipal court and the possibility of providing a jail. We can only implement a municipal court for the service we will provide - code compliance. Any other use of a municipal court, including providing a jail, would not be authorized as part of the services we will provide. Our powers are limited by the services we can provide under our charter.
The model charter that was adopted for the City of Peachtree Corners includes all possible powers any city in the State of Georgia can exercise. But there was a major change made to our charter. That was the limit set on the services the city can provide. If you go to page 5 of our charter, section 1.12(b) defines the only services the city can provide at this time. “(b) Except as provided in subsection (c) of this section, the city shall exercise the powers enumerated in subsection (a) of this section only for the purposes of planning and zoning, code adoption and enforcement, and solid waste management services and those items directly related to the provision of such services and for the general administration of the city in providing such services.”
We are limited by law to these services. Is there a provision to add services? Yes. Section 1.12( c ) states that “the city council shall pass a resolution specifically stating the services sought to be offered by the city and shall submit the approval of such resolution for ratification by the electors of the city in a referendum.” The city council can pass a resolution, but the service can only be added if voters approve.
These checks and balances are unique in the State. No other City must ask the people to vote to add services. It allows us to choose the services the city provides. Because all powers are included, decisions to add services can be made locally without having to go back to the legislature to amend the charter—except to increase the millage rate cap. That must go back to the legislature to amend the charter.
So, the charter that was adopted is essentially the same charter used by all Georgia cities. The powers the city can exercise are the same as well. But these powers can only be exercised in the performance of the services specified in our charter. The key point is that we the people of the City of Peachtree Corners have the power to determine the services offered. No service can be added unless and until we come together, Citizens and City Council, and choose together to add it.
Our next blog will be about the City Council; positions, elections and responsibilities. As always, please e-mail us at blog@upcca.org if you have any questions about incorporation or suggestions for future blogs. You can also Follow Us On Facebook and Follow Us On Twitter. For more information about the city initiative, you can go to the Peachtree Corners web site.
