HOSCHTON — A petition circulated by Hoschton residents to secure a vote to change the city’s charter might receive some clarity tonight.

The item is on the agenda for the council’s regular meeting at 7 tonight at Hoschton City Hall. The Hoschton City Council was scheduled to discuss the petition at its July 2 work session, but because some City Council members weren’t present, the council did not take the petition under consideration.

The petition’s goal is to garner enough support to get Hoschton to hold an election on whether its charter should be amended so that any time a change in the property tax, or millage rate, is proposed, it must be placed on the ballot.

Kelley Gary, a Hoschton resident who helped spearhead the petition, said that 25 percent of Hoschton’s registered voting population — 171 people out of 681 — were needed in order for a referendum to be requested and received.

The petition, submitted to city hall on June 15, had 417 signatures, more than two times the required number. Brenda Fulcher, Jackson County’s supervisor of voter registration, said last week she had validated all 417 signatures.

Now council members must decide whether to validate the petition. City attorney Thomas Mitchell said the council will most likely examine the permissibility of the petition under the home rule statute.

Hoschton, like other cities, has a charter that was originally adopted by the Georgia General Assembly. Under this, Hoschton can amend parts of the charter, but is limited in changing others.

“The cities, more so than counties, are creatures of the general assembly, and they can do with cities what they wish,” Mitchell said.

He explained that there are two ways to amend a city’s charter:

Either through action taken by the city itself, or through a petition requesting a change.

If the council decides not to validate the petition, it must provide its reasons for doing so in the newspaper. If it approves the petition, Mitchell said the council must call for an election on the referendum within seven days of its decision.

This election could be held on either Sept. 15 or Nov. 3, as both days are special or general election dates established by the state.

What remains unclear, however, is what happens if someone wants to contest council’s decision. Mitchell explained that an individual who opposes the council’s decision could potentially file a lawsuit, but said it remains uncertain what would constitute that court action.

“It doesn’t clearly set out what happens next,” he said.