§ 2-34. Powers generally; specific powers.  


Latest version.
  • The commission shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the commission minutes, shall be conclusive and binding on the county manager. The policies, rules and regulations so adopted by the commission shall be carried out, executed and enforced by the county manager as chief executive officer of the county; and the commission shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said county manager which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the commission shall be null, void and of no effect. The following powers are hereby vested in the commission and reserved to its exclusive jurisdiction:

    (1)

    To levy taxes.

    (2)

    To make appropriations.

    (3)

    To fix the rates of all other charges.

    (4)

    To authorize the incurring of indebtedness.

    (5)

    To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment.

    (6)

    To authorize contracts and purchases except as otherwise provided for herein or under such rules and regulations as may be imposed by the board of commissioners, involving the expenditure of county funds.

    (7)

    To establish, alter or abolish public roads, private ways, bridges and ferries, according to law; provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the commission for subdivisions have been met.

    (8)

    To establish, abolish or change election precincts and militia districts according to law.

    (9)

    To allow the insolvent lists for the county.

    (10)

    To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the commissioner or board of commissioners of the county.

    (11)

    To exercise all powers, duty and authority heretofore imposed upon or vested in the commissioner of roads and revenues of Cobb County in respect to zoning and planning.

    (12)

    To create and change the boundaries of special taxing districts authorized by law.

    (13)

    To fix the bonds of county officers where same are not fixed by statute.

    (14)

    To enact any ordinances or other legislation the county may be given authority to enact.

    (15)

    To determine the priority of capital improvements.

    (16)

    To call elections for the voting of bonds.

    (17)

    To exercise all of the power and authority heretofore vested by law in the commissioner of roads and revenues of Cobb County or in the Cobb County advisory board together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated, except such authority or power given to the chairman by the provisions of this article.

    (18)

    To make purchases in amounts over the formal sealed bid limit as defined by Cobb County ordinance or resolution and as may he amended from time to time; provided, however, that for any purchases in amounts over the formal sealed bid limit, advertisements for bids or proposals shall be first published for a minimum of two consecutive weeks in the official organ of Cobb County and/or through the internet. Formal sealed bids or proposals, after said advertising has been published, must be obtained on all purchases exceeding the formal sealed bid limit. Advertisement and the obtaining of formal sealed bids or proposals may be dispensed with when, in the discretion of the commission, an emergency exists which will not permit a delay, or such is not required by the laws, rules and regulations as may be imposed by the board of commissioners or by general law. Nothing contained herein shall supercede more restrictive general laws applicable to county purchasing authority.

(1964 Ga. Laws (Ex. Sess.) (Act No. 22), page 2075, § 11; 1982 Ga. Laws (Act No. 1000), page 4111, § 3; 1983 Ga. Laws (Act No. 383), page 4283, § 4; 1989 Ga. Laws (Act No. 226), page 4422, § 2; 1992 Ga. Laws (Act No. 947), page 6128, § 1; Ord. of 7-8-97, § 2; Ord. of 9-14-04, § 2)