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CODE OF THE CITY OF MIDWAY, GEORGIA

THE GENERAL ORDINANCE OF THE CITY

ORDAINED AND PUBLISHED BY ORDER OF THE MAYOR AND COUNCIL

Originally Published: January 1, 1955

Last Updated: February 12, 1989

CODE OF THE

CITY OF

MIDWAY, GEORGIA

The General Ordinance of the City

Ordained and Published

By Order of the

Mayor and Council

GEORGIA MUNICIPAL ASSOCIATION

National Bank of Georgia Building

201 Pryor Street, Southwest

Atlanta, Georgia   30303

OFFICIALS

Mayor

James Grant

Council Members

Magalene Clancy, Mayor Pro Tem

Hershel Halstead

Oswald (Buddy) Holton

Henry O. Stevens, Sr.

City Clerk

Wilma Powell Lyles

City Attorney

J. Sidney Flowers

Clerk of Municipal Court

Gloria Cook

PREFACE

The GEORGIA MUNICIPAL ASSOCIATION is please to publish this new code of ordinances.  The code is a codification of all ordinances of the general and permanent nature.  The code has been adopted by the governing body through the enactment of a single ordinance and thus constitutes the general body of ordinances enacted by the municipality.

The code includes several features that will facilitate its use.  The various chapters and articles of the code follow one another in a natural, logical order.  The table of contents, with a complete outline of this order, will often provide sufficient reference points for the reader.  In addition, the reader may consult the index at the end of the volume.  At the beginning of each chapter there is a section-by-section listing of the provisions within the chapter.

Non-textual provisions such as severability clauses, repealer and enacting clauses are covered in title 1 of this code and apply to the entire code.  Various editorial notes such as state law references and cross-references have been included throughout the code to clarify its provisions.

Supplementation service is available to keep the code current.  Supplements are published in loose-leaf form so that all new ordinances may be printed for inclusion on a regular basis.

We gratefully acknowledge the cooperation and assistance rendered by the municipal officials in the preparation of this code.

GEORGIA MUNICIPAL ASSOCIATION

ADOPTION ORDINANCE

AN ORDINANCE OF THE CITY OF MIDWAY, GEORGIA, ADOPTING AND ENACTING A NEW CODE FOR MIDWAY, GEORGIA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING CERTAIN PENALTIES; AND FOR OTHER PURPOSES.

The Mayor and Council of the City of Midway, Georgia, hereby ordain:

Section 1.        The document entitles “Code of the City of Midway, Georgia,” a copy of which accompanies this ordinance and is incorporated herein and made a part hereof, is hereby adopted and shall be treated and considered as a new and original comprehensive ordinance.

Section 2.        All ordinances and resolutions of a general and permanent nature of this city enacted on final passage on or before ____________________, and not in the code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided.

Section 3.        The repeal provided for in section 2 hereof shall not affect any offense of act committed or done of any penalty of forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; nor shall this repeal affect any ordinance or resolution of the city promising or guaranteeing the payment of money by or to the city, or authorizing the issuance of any bonds of the city, or any evidence of the city’s indebtedness, or any contract of obligation assumed by the city; nor shall this repeal affect any rights franchise granted by any ordinance or resolution of the city to any person, firm or corporation; nor shall this repeal affect any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city; nor shall this repeal affect the present annual appropriation or resolution levying or imposing charges, fees or taxes now due or accrued; nor shall this repeal affect any zoning ordinance of the city or amendments thereto; nor shall this repeal be constructed to revive any ordinance or resolution or part thereof that has been repealed by a subsequent ordinance or resolution which is repealed by this ordinance.

Section 4.        The provisions appearing in this code, so far as they are the same as provisions of ordinances and resolutions existing at the same time of the effective date of this code, are intended, and shall be considered as continuations thereof and not as new enactments.

Section 5.        Any and all additions or amendments to the code, when passed in such form as to indicate the intention of the mayor and council to make the same a part thereof, shall be deemed to be incorporated into the code so that reference to “The Code of the City of Midway, Georgia,” shall be understood and intended to include such additions and amendments.

Section 6.        A copy of the code shall be kept on file in the office of the city clerk, and preserved in loose-leaf form, or in such other form as the city clerk may consider most expedient.  It shall be the express duty of the city clerk or someone authorized by the city clerk, to insert in their designated places all amendments, ordinances or resolutions which indicate the intention of the city governing authority to make those provisions a part of the code, when those provisions have been reprinted in page form, and the extract from the code all provisions which may be from time to time repealed.  A copy of the code shall be available for all persons desiring to examine it shall be considered the official code of the city.

Section 7.        As pages of the code are replaced because the matter contained on them shall have been repealed, amended or otherwise shall have been superseded or rendered obsolete or inoperative, the city clerk shall retain copies of the pages of the code so superseded, rendered obsolete or otherwise rendered inoperative in a file so that the former provisions of the code may be readily available and easily found.  The purpose of this section is to permit anyone desiring to do so to ascertain the precise status of any section of the code as of any given date.

Section 8.        In case of the amendment of any section of the code for which a penalty is not provided, the general penalty as provided in the city charter of the code shall apply to the section as amended; or in case the amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in the other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein.

Section 9.        It shall be unlawful for any person, form or corporation to change or amend by additions or deletions, any part or portion of the code, or to insert or delete pages or portions thereof, to alter or tamper with the code in any manner whatsoever which may cause the law of the city to be misrepresented thereby.

Section 10.      All ordinances or parts of ordinances in conflict herewith are, to the extent of any conflict, hereby repealed.

Section 11.            This ordinance shall be in force and take affect on

_________________________, 19_____.

Adopted this _____ day of ____________________, 19_____.

 

     /s/ James Grant                                           Mayor

     /s/ Wilma Powell Lyles                              City Clerk

 



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