CHARTER

 

CITY OF COVINGTON, GEORGIA

 


 

 

 

rights-of-way and other properties or rights therein deemed needful or convenient for any purposes when necessary to acquire the same; provided, however, nothing contained herein shall prohibit the city from passing utility rate ordinances incidental to the operation of the city’s electric and natural gas systems that automatically adjust the city’s billings for natural gas and/or electricity sales for fluctuations in product costs charged to the city by its electricity and/or natural gas suppliers. The city is expressly authorized to establish from time to time, by ordinance, a procedure for imposing a product cost adjustment that will automatically adjust the city’s billings for natural gas and/or electricity sales for fluctuations in the product cost charged to the city by its electricity and/or natural gas suppliers. (Ord. No. 1980-115, § 1, 11-3-80)

 

Sec. 16A.      [Same—] Owning, maintaining and operating cable television system.

    The city is hereby authorized to purchase, construct, operate and maintain a system for reception, transmission and distribution of television impulses and television energy (including audio signals and video images by means of electrical impulses) within the city limits as they now exist or shall hereafter exist and throughout the current unincorporated areas of Newton County and in the other municipalities located in Newton County but subject, however, to the conditions hereinafter specified; and in connection therewith, the city is authorized to acquire by contract or purchase all equipment, towers, receivers, lines, related apparatus, all rights-of-way, easements and other property necessary to carry out these purposes including the hiring of engineering services and other consulting services incidental thereto and including the right to use all existing city rights-of-way easements and other property. The city is further authorized and empowered to furnish and supply the distribution of television impulses and television energy as aforesaid to any person, firm or corporation at the point of reception thereof by the city or at any point where the city may hereafter have means of distribution thereof. The city is further authorized and empowered to fix reasonable rules and regulations under which the same may be furnished and distributed and likewise to fix the terms upon which the same are to be furnished and the manner of payment therefor; and the charges to be paid therefor will be the rate of charges to be established from time to time by resolution of the mayor and council of the City of Covington. Anything contained herein to the contrary notwithstanding, as a condition precedent to the city’s construction and operation of what is commonly called a cable television system in accordance with the foregoing provisions in the unincorporated areas of Newton County or within any other municipality located in Newton County, the city must have previously entered into a franchise agreement with the governing body of Newton County, Georgia (for the unincorporated areas of Newton County) and with the governing bodies of the respective municipalities in which such services are sought to be provided by the City of Covington. Nothing contained herein shall prohibit the City of Covington from granting franchises in accordance with Charter Section 9(n) for the private operation of such a system of reception, transmission, and distribution of television impulses and television energy aforesaid within the corporate limits of the city. (Ga. L. 1980, Act No. 1173, p. 3896)

 

Sec. 16B.      Telecommunications.

    The City shall have the power and authority to acquire, own, hold, lease, sell, resell, build, maintain, operate and contract with respect to a telecommunications system network in order to provide telecommunications services and similar other services, to establish and charge rates, fees, tolls and charges for the services, facilities or commodities furnished or made available by such undertaking; to interconnect its system or services or both with the systems or services of consumers and other providers, to use telecommunications to respond to community needs, encourage the development of information-based organizations in the city, to finance from time to time any such telecommunications systems through the issuance of revenue bonds as then permitted by the Constitution and laws of the State of Georgia; and to make any contract with respect to and furnish the services of any such systems to consumers within or outside the corporate limits of the city. (Ord. dated 10/16/00 § 1)

 

Sec. 17.        Same—Owning, maintaining and operating electric plants, waterworks and gas system.

    The city shall have the right, power and authority to own, maintain and operate a system of waterworks, a natural gas system, and an electric plant and distribution system and to purchase, generate and sell electric energy and to sell water and gas and to fix rates for all the aforementioned and to develop, maintain and operate parks and recreation facilities.

 

Sec. 18.        Same—Contracting to furnish.

    The city council shall have power and authority to make or cause to be made contracts to furnish customers with electric energy, lights, water and gas within and without the territorial limits of the city when this can be done without adversely affecting the inhabitants of the city.

 

Sec. 19.        Same—Jurisdiction.

    The city shall have complete power, authority and jurisdiction for all purposes over all of the lands on, over, or through which trunk or intercepting sewer, gas, water and/or electric transmission lines and/or facilities have heretofore been or may hereafter be constructed and maintained by the city or over which an easement is secured by the city and which it is the duty of the city to inspect, improve and maintain within or without the limits of the city; said power, authority and jurisdiction shall extend the full distance of said lines or facilities and a specified number of feet, to be determined by the mayor and council, in all directions from same as well as over the land purchased by said city for the location and maintenance of such facilities, and all such lands are hereby incorporated in and made a part of said city, except such as is located within the corporate limits of another municipality.

 

Sec. 20.        Same—Lien for charges.

    For electricity, water and gas furnished, and for all sewerage and sanitary services rendered, the city shall have a lien against all property of the consumer. Such lien shall run from the date the contract is made or the services commenced, up to and until all charges therefor shall have been paid in full. Executions issued on any such liens shall be issued and enforced as provided by section 14 hereof, above. (Ga. L. 1966, Act No. 147, p. 2437)

 

Sec. 21.        Same—Reference for sale of facilities.

    No sale, conveyance or disposition by the city of its water, electric or gas properties and franchises, or of its sewer system, or of any interests therein shall ever be of any force or effect unless or until approved by the duly qualified voters of the city voting at an election specially called for this purpose; a notice of which election shall be published once a week in the official newspaper of the city for four weeks next preceding such election, which notice shall state the name of the proposed buyer, the terms and conditions of the proposed sale, the date of the election, the location of the voting precincts, and such other information as the city council may order. (Ord. dated 7/10/06 § 1; Ga. L. 1982, Act No. 948, § 1)

 

Sec. 22.        Form of government.

    The government of said city shall be vested in a mayor and six (6) council members who shall hold their respective offices in accordance with the provisions of the Georgia Municipal Election Code, Chapter 3 of Title 21, Official Code of Georgia Annotated. For the purpose of electing council members, the City of Covington is hereby divided into two (2) wards, the West Ward and the East Ward. The division line between the two (2) wards shall be as follows: Commence at the point of intersection of the northwestern boundary of the corporate limits of the City of Covington and the center line of the Georgia Railroad right-of-way and run thence in a southeasterly direction along the center line of the said Georgia Railroad right-of-way to the point of intersection thereof with the center line of Emory Street; running