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GeorgiaHB 12462025-2026 Regular SessionHouse

Clayton, City of; provide new charter

Sponsored By: Victor Anderson (Republican)

Signed by Governor

Intragovernmental CoordinationState and Local Governmental OperationsLocal Bill

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Bill Overview

Analyzed Economic Effects

18 provisions identified: 3 benefits, 7 costs, 8 mixed.

Clayton service bills can become property liens

Clayton can set monthly or annual sanitation and health-service charges for city residents and businesses benefiting from those services. Charges can vary by property or service class; sewer charges can apply where sewer systems are made available. The city can also set sewer connection fees and utility charges, including for city utility customers outside city limits. Unpaid sanitary charges can become liens on related real estate; unpaid utility charges become liens against the served person’s property. These liens rank behind only county and city property-tax liens and use similar collection remedies; the charter sets no amounts.

Clayton can take property for public projects

Clayton can condemn property inside or outside city limits for city purposes, including public improvements and facilities. The city must follow the condemnation process required by Georgia law. The charter identifies no property to be taken and sets no compensation amount.

Property owners can owe improvement assessments

The council can charge adjoining property owners all or part of the cost of specified public improvements. Covered work includes construction, reconstruction, widening, and improvements to listed public facilities. The assessment becomes a lien on the adjoining property. Interest runs at 9% per year from the due date until payment. A 10% penalty applies once the assessment remains unpaid 30 days after its due date.

Clayton employee firing and pay rules

Clayton city employees can be removed at any time unless a city ordinance provides different job protections. The city manager must prepare a job classification and pay plan for city council approval. After adoption, the council can change a position’s salary range only by amending that plan. These rules do not set salaries or automatically change employee pay.

Clayton property owners face city tax rules

Clayton property taxable by the state or county and assessed as of January 1 is subject to city property tax. The council sets the rate, due date, and payment period by ordinance; the charter sets no tax amount. The council can allow one payment, two installments, or voluntary early payment. Tax levies, together with expected revenue and balances, must cover annual operating-budget appropriations. Clayton can also impose additional taxes or fees allowed by Georgia law, including those authorized in the future.

Clayton businesses face taxes and license fees

The council can impose license fees and occupation taxes on covered people and companies in Clayton. Coverage includes those doing or offering business, or practicing or offering a profession or calling, in the city. The council can classify businesses and occupations, require licenses, and enforce payment. It can also impose excise taxes that Georgia law does not prohibit. The charter sets no tax rates or fee amounts.

Clayton court sets penalties and appeal rights

The law establishes Clayton’s Municipal Court, with powers granted by Georgia law, including nuisance matters, summonses, subpoenas, and warrants. The council appoints judges and sets their pay by ordinance; judges must be at least 21 and legally qualified. Court penalties cannot exceed city and state legal limits. Charter violations without a separately stated penalty are misdemeanors punishable by up to $1,000, 12 months in jail, or both. Defendants have appeal rights to Rabun County Superior Court under Georgia law.

Court bail risks forfeiture with notice rights

The court can set bail and accept cash, personal property, or real property to secure a defendant’s appearance. Missing the required court appearance can forfeit cash or create a lien on deposited property, collected like city property-tax liens. A bail-bond forfeiture hearing requires notice served on the defendant and sureties at least two days beforehand. The court can also set operating fees, but the law specifies no bail or fee amounts. The court receives reimbursement for meals, transport, and care of certain prisoners sent to superior court; no individual payment duty is stated.

Clayton property owners keep tax-sale redemption rights

The city clerk can transfer collection orders for unpaid taxes or street, sewer, and other assessments. The recipient gets the rights Georgia law provides. Owners whose property is seized and sold under these orders keep the right to redeem, or reclaim, it. Redemption follows the same requirements as state or county property-tax sales. The law sets no new redemption period or payment amount.

Neighbors get chances to buy city parcels

Clayton can sell, convey, or lease city property as Georgia law allows. Special sale rules cover small parcels separated from city land by street or public-place opening, extension, or widening. A sale must support the best use of an adjoining owner’s property. Each adjoining owner must receive notice and a chance to buy under terms set by ordinance, without an advertised public sale. The charter sets no price and does not require a sale.

Residents gain safeguards against official misconduct

The mayor and councilmembers cannot vote, sign, or veto matters in which they have a personal interest. Councilmembers generally cannot hold another elected city office or city job during their terms, unless Georgia law allows it. Council removal for listed grounds requires a two-thirds vote of the full council and written notice stating the grounds. A public hearing must follow at least 10 days after notice; removed officers can appeal to Rabun County Superior Court. Residents can also seek court removal, and recall remains available under Georgia law.

Clayton pays elected officials and expenses

The mayor and councilmembers receive pay set by city ordinance, consistent with Georgia law. The city also reimburses actual, necessary expenses incurred while performing official duties. The charter sets no pay or reimbursement amounts.

City manager gets pay and exit rules

Removing the manager requires preliminary and final resolutions, each approved by a majority of all councilmembers. The preliminary resolution must state the reasons; the manager has five days after receipt to request a public hearing. A requested removal hearing must occur within 30 days, and suspension can last up to 45 days. Removal without cause provides 30 days of regular salary after the final resolution takes effect. A resigning manager must give 30 days’ written notice or lose accumulated vacation pay.

Clayton council sets policy, manager runs operations

The law continues Clayton, preserves its boundaries, and establishes a council–manager government. The council sets policy, makes enforceable rules, and can create, combine, or end city offices and departments. City powers cover buildings, businesses, safety, traffic, zoning, waste, services, and utilities, subject to Georgia law. The council sets the manager’s pay and appoints the manager solely for executive and administrative skills, without requiring Georgia residency. Appointed department leaders must also be chosen for their administrative and professional skills. The manager serves indefinitely, runs departments, and handles employee hiring, suspension, and removal under applicable personnel rules. The mayor and councilmembers cannot directly order employees supervised by the manager.

Clayton voters get nonpartisan city elections

The mayor and councilmembers serve four-year terms; current officeholders finish their existing terms. Elections occur on the Tuesday after the first Monday in November for offices whose terms expire that year. Elections have no party primaries or party labels on ballots. Candidates need 12 months of city residency; officeholders must remain city residents, qualify to vote locally, and meet Georgia House qualification standards. Vacancies use special elections or council appointments, with a 12-month remaining-term cutoff; the rules also cover temporary vacancies from suspension.

Clayton budgets face deadlines and spending limits

The manager must prepare a balanced annual budget, and the council must adopt the operating budget by June 30. Fund appropriations cannot exceed estimated balances, reserves, and revenue; spending and committed costs cannot exceed approved amounts. If adoption is late, current operating appropriations continue month to month on a prorated basis. The council must adopt the final capital budget by ordinance by June 30. Construction spending must appear in that budget, except when needed to meet a public emergency under the charter.

Clayton can borrow with repayment limits

Clayton can issue general obligation bonds for authorized projects, programs, or ventures, following Georgia bond laws. It can also issue revenue bonds, repaid from revenue produced by the financed project, program, or venture. Short-term loans must be repaid by December 31 each year unless another law provides otherwise. Multiyear leases, purchases, and lease-purchases must end without further city obligations at each calendar year’s close unless renewed. The charter sets no borrowing or contract amounts.

Companies face street-use agreements and taxes

Clayton can grant street and alley use agreements to railroads, utilities, telecommunications providers, transportation companies, and similar organizations. Each agreement can last no more than 30 years, and the city must receive fair and adequate compensation. When no agreement is in effect, the council can tax gross receipts from covered street and alley use. The charter sets no compensation amount or tax rate and does not require an agreement or tax.

Sponsors & Cosponsors

Sponsor

  • Victor Anderson

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 218 • No: 1

Senate vote • 2/24/2026

LOCAL CONSENT CALENDAR

Yes: 53 • No: 0 • Other: 2

House vote • 2/17/2026

Local Calendar

Yes: 165 • No: 1 • Other: 10

Actions Timeline

  1. House Date Signed by Governor

    5/11/2026House

  2. Act 553

    5/11/2026

  3. Effective Date

    5/11/2026

  4. House Sent to Governor

    4/6/2026House

  5. Senate Committee Favorably Reported

    2/24/2026Senate

  6. Senate Passed/Adopted

    2/24/2026Senate

  7. Senate Read and Referred

    2/18/2026Senate

  8. House Committee Favorably Reported

    2/17/2026House

  9. House Third Readers

    2/17/2026House

  10. House Passed/Adopted

    2/17/2026House

  11. House Second Readers

    2/11/2026House

  12. House First Readers

    2/10/2026House

  13. House Hopper

    2/9/2026House

Bill Text

  • HB 1246/AP* (v4)

    PDF

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