GeorgiaHB 8772025-2026 Regular SessionHouse

Fayetteville, City of; provide new charter

Sponsored By: Debra Bazemore (Democrat), Josh Bonner (Republican), Derrick Jackson (Democrat), Karen Mathiak (Republican)

Signed by Governor

Intragovernmental CoordinationState and Local Governmental OperationsLocal Bill

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Bill Overview

Analyzed Economic Effects

28 provisions identified: 5 benefits, 9 costs, 14 mixed.

Fayetteville mayor and council receive annual pay

The Fayetteville mayor receives $25,000 a year. Each of the five councilmembers receives $20,000 a year. They also receive reimbursement for actual and necessary expenses from their official duties.

Fayetteville owners can face improvement charges

By ordinance, Fayetteville can charge property owners whose land borders a public improvement for its cost. Covered work includes building, rebuilding, widening, or improving streets, sidewalks, curbs, gutters, sewers, and utility lines and related equipment. The charter sets no charge amount or method for dividing costs.

Fayetteville city employees serve at will

Fayetteville city employees serve at will and can be removed at any time unless another law or city ordinance says otherwise. The city manager nominates appointed officers and department directors, and the council confirms them. Selection must be based on administrative and professional qualifications. The manager can suspend or remove officers and directors under the manager, subject to applicable law or ordinance.

Fayetteville sets property taxes and payment rules

Beginning July 1, 2025, the charter authorizes Fayetteville to tax real and personal property within city limits. The property must also be subject to state and county taxation. Revenue can fund city services, general-obligation debt payments, and other public purposes. The council must set the rate and payment dates by ordinance; it can allow two installments or voluntary early payment. The charter sets no tax rate, bill amount, or due date.

Overdue Fayetteville bills face collection penalties

By ordinance, Fayetteville can set reasonable, lawful ways to collect overdue city taxes, fees, and covered revenue. These can include late penalties, interest, property liens, and court-backed tax collection orders. The city can treat amounts owed as personal debts or revoke city permits for nonpayment. It can also assign or transfer tax collection orders. The charter sets no penalty or interest amounts.

Fayetteville business taxes and permit fees

Fayetteville can tax businesses, occupations, and professions when state law allows. The council can group these activities into different tax classes. By ordinance, it can also require businesses and practitioners to get permits and pay regulatory fees. These fees must be reasonable and reflect the city's total cost of regulating the activity. The charter sets no tax or fee amounts.

Fayetteville court sets penalties, fees, and appeals

The charter establishes a municipal court with council-appointed judges, age 21 or older, who meet legal qualifications. Ordinances set judge pay and staffing; state law governs terms and removal. For offenses within its authority, the court can impose up to $1,000, 180 days in jail, or both, with lawful alternative sentences available. It can issue orders, summonses, subpoenas, and warrants; contempt jail time cannot exceed 10 days, with fines allowed by law. The court can set operating fees and receive reimbursement for meals, transport, and care of prisoners sent to superior court; reimbursement payers and amounts are unspecified. People can seek superior court review of criminal and city-ordinance rulings under Georgia appeal laws.

Missed Fayetteville trials can cost bail security

The municipal court can set bail and accept cash, personal property, or real estate to secure a defendant's appearance. If the defendant misses the scheduled trial, the court can forfeit the bond or cash or place a property lien. The defendant and anyone guaranteeing the bond must receive notice at least two days before the forfeiture hearing. The charter sets no bail amounts.

Neighbors get purchase opportunities for city parcels

Beginning July 1, 2025, the council can sell, transfer, or lease city property as allowed by law. It can relinquish property claims after a manager's report and council findings show no public need or readily measurable monetary value. The manager can sell certain small city parcels separated by street work under terms set by ordinance. Each adjoining owner must receive notice and a chance to buy, and the sale must support the neighboring property's best use. Sale contracts must include the applicable public rights-of-way.

Fayetteville gets a new city charter

Beginning July 1, 2025, Fayetteville operates under a new charter that gives it broad powers under Georgia law. The law repeals the 1970 and 1997 charter acts and their amendments in full. Existing city rules stay in force unless they conflict with the new charter. Those rules remain until the council changes or repeals them.

Fayetteville budgets face deadlines and spending limits

The manager must submit the operating budget at least 30 days before the fiscal year starts and allow public inspection. The council must adopt the final budget by the first day of that year. Each fund's appropriations cannot exceed estimated balances, reserves, and revenues, and must cover required spending and debt payments. If adoption is late, the previous year's operating appropriations carry forward. Spending cannot exceed the available appropriation or spending allotment.

Fayetteville construction spending follows annual capital budgets

Beginning July 1, 2025, the manager must submit a capital plan and financing budget at least 30 days before each fiscal year. The council must adopt the final capital budget by the year's first day. Construction spending generally must appear in that budget, except spending needed for a public emergency. Capital money remains available until its purpose is completed or abandoned. Budget amendments require an ordinance.

Fayetteville can charge for city services

Fayetteville can collect charges for garbage, sewer, utilities, sanitation, health, and other city services. By ordinance, charges can cover services provided or made available inside or outside city limits. Service charges can apply to people or entities receiving or benefiting from the service. Taxes and fees must be allowed by Georgia law. The charter grants this authority but sets no amounts or specific new charges.

Fayetteville leaders face city employment limits

The mayor and councilmembers generally cannot hold another city office or work for the city while serving, unless law allows it. Former mayors and councilmembers must wait one year after their elected term ends before taking an appointed city office. Appointed officers also face restrictions when qualifying as candidates for public office. City employees cannot hold public offices that conflict with their city duties; the mayor and council decide whether a conflict exists.

Street-use companies must compensate Fayetteville

The council can grant companies rights to use city streets and alleys and set the agreement's terms and exclusivity. These franchise agreements cannot last more than 35 years and must provide fair, adequate compensation to the city. Without a franchise agreement, the council can tax gross receipts for the covered street or alley use. The charter sets no compensation amount or tax rate.

Fayetteville taxes must support budget spending

Fayetteville must levy taxes by ordinance as needed to fund its annual general-government budget. For each fund, estimated revenue, fund balances, and applicable reserves must cover approved spending. The council can change current operating-budget spending by ordinance at a regular, special, or emergency meeting called for that purpose. Added spending can come only from an existing unspent surplus. These rules set no tax rate or household bill amount.

Fayetteville can set utility bills and shutoffs

Fayetteville can acquire, build, lease, operate, maintain, sell, or dispose of public utilities inside or outside city limits. It can set service charges, penalties, connection fees, and service standards, including stormwater and sewer charges. The city can stop utility service for refusal or failure to pay applicable charges. Its rates and service rules cannot conflict with valid Georgia Public Service Commission regulations. The charter sets no specific utility rate or immediate service change.

Fayetteville speakers get comment periods with limits

Regular council meetings must offer public comment on city business, subject to applicable law or ordinance. Speakers give their name and address and speak once for up to three minutes within a 30-minute total period. Repetitive comments and specified abusive or disruptive conduct are barred; the mayor or council majority can exclude disruptive speakers from that meeting. Emergency, special-called, and work-session meetings do not require this comment period. When required hearings lack their own procedures, development hearings allow 15 minutes per side; other hearings allow 30 minutes total and three minutes per speaker. A council majority can extend those hearing limits.

Fayetteville can set safety and property rules

Fayetteville can regulate buildings, land use, animals, businesses, traffic, sanitation, environmental protection, and public nuisances under Georgia law. It can provide or arrange police, fire protection, transportation, waste collection, and other local services. Residents and businesses can face requirements under city ordinances. The council can adopt standard technical codes by reference in an ordinance, and the clerk must make them available for inspection. The charter itself does not select those codes or set their detailed requirements.

Fayetteville council makes rules and investigates

The council can make and enforce local rules consistent with the charter, Georgia's Constitution, and state law. Three councilmembers form a quorum, and ordinary ordinances need three affirmative votes and generally at least one reading. The mayor has five days to veto an ordinance; overriding a veto requires four votes. After approving an investigation by resolution, the council can require witnesses and evidence, administer oaths, and take testimony. People who disobey lawful investigative orders face punishment under city ordinances.

Fayetteville emergency rules expire after 30 days

During emergencies affecting life, health, property, or public peace, the council can pass an ordinance at its first meeting. It must clearly describe the emergency and receive approval from at least a majority of councilmembers present. It takes effect upon adoption or a stated later date and expires after 30 days unless reenacted while the emergency continues. Emergency ordinances cannot levy taxes, grant or extend franchises, or regulate public-utility rates. They can authorize borrowing only when the loan is repayable within 30 days.

Fayetteville personnel face conflict-of-interest rules

City officials and employees cannot knowingly let private jobs or financial interests conflict with their city duties. They face limits on confidential information, gifts from people interested in city business, and representing private interests against the city. Campaign contributions and campaign services are exempt from the gift restriction. Personnel must disclose financial interests in matters before their city body; interested elected leaders must record disclosures and avoid related decisions and votes. City and covered agency property cannot be used for personal benefit or profit.

Fayetteville voters choose leaders without party labels

City voters elect one mayor and five councilmembers citywide for four-year terms; council candidates choose a specific post. Candidates must be at least 21 and have lived in Fayetteville for 12 months before the election. While serving, they must remain city residents and registered, qualified city voters. Posts 3–5 are elected in 2025 and every four years afterward; the mayor and Posts 1–2 follow in 2027. Current officials finish their terms, and candidates must win a majority of votes for their office. Ballots have no party labels, and political parties cannot hold city-office primaries.

Residents can access Fayetteville's annual financial audits

Beginning July 1, 2025, Fayetteville must obtain an annual independent audit of all accounts, funds, and financial transactions. A council-selected certified public accountant must follow generally accepted auditing principles. A state or federal audit can satisfy the requirement. The public can obtain annual audit reports, subject to copying costs allowed by Georgia law.

Rules govern replacing Fayetteville city leaders

Offices become vacant after death, resignation, moving away, incompetency, specified convictions, or four consecutive regular-meeting absences without approved leave. Voters fill vacancies at the next available special or general election. Remaining councilmembers can appoint a temporary councilmember by majority vote, but only one appointed member can serve at once. Officers can be removed for legal grounds through an impartial-panel hearing or a superior court order following a resident's complaint. An elected officer facing council removal gets written notice, a public hearing at least 10 days later, and a superior court appeal.

Fayetteville can take property for public projects

Fayetteville can acquire property through condemnation for public projects, including roads, parks, utilities, and hospitals. This authority covers property inside or outside city limits. The taking must serve a stated public purpose and follow the process required by applicable law. The charter sets no payment formula or specific property taking.

Fayetteville can finance projects through borrowing

The council can issue bonds for projects, programs, or ventures allowed by the charter or state law. Bond issues must follow applicable municipal bond laws. Revenue bonds are repaid from money produced by the project, program, or venture they finance. The city can also take short-term loans, generally repayable by December 31 of the year borrowed. The charter names no specific borrowing amount or funded project.

Fayetteville contracts need written approval and safeguards

Beginning July 1, 2025, binding city contracts must be written and drafted or reviewed and signed by the city attorney. The council must make or authorize each contract and record its approval. Fayetteville can make multiyear lease, purchase, and lease-purchase contracts for property, goods, and services. These contracts must end without further city obligation at the initial calendar year's close and each renewed calendar year's close. They must follow applicable state law.

Sponsors & Cosponsors

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 213 • No: 1

Senate vote • 2/17/2026

LOCAL CONSENT CALENDAR

Yes: 48 • No: 1 • Other: 4

House vote • 2/6/2026

Local Calendar

Yes: 165 • No: 0 • Other: 10

Actions Timeline

House Date Signed by Governor
5/12/2026House
Act 656
5/12/2026
Effective Date
5/12/2026
House Sent to Governor
4/6/2026House
Senate Committee Favorably Reported
2/17/2026Senate
Senate Passed/Adopted
2/17/2026Senate
Senate Read and Referred
2/9/2026Senate
House Committee Favorably Reported
2/6/2026House
House Third Readers
2/6/2026House
House Passed/Adopted
2/6/2026House
House Second Readers
4/2/2025House
House First Readers
3/31/2025House
House Hopper
3/28/2025House

Bill Text

HB 877/AP* (v4)
PDF

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