11 LC
35 2045/AP
House
Bill 122 (AS PASSED HOUSE AND SENATE)
By:
Representatives Frazier of the
123rd,
Jackson of the
142nd,
and Burns of the
157th
A
BILL TO BE ENTITLED
AN ACT
To
provide a new charter for the City of Waynesboro; to provide for incorporation,
boundaries, and powers of the city; to provide for a governing authority of such
city and the powers, duties, authority, election, terms, vacancies,
compensation, expenses, qualifications, prohibitions, conflicts of interest, and
suspension and removal from office relative to members of such governing
authority; to provide for inquiries and investigations; to provide for oaths,
organization, meetings, quorum, voting, rules, and procedures; to provide for
ordinances and codes; to provide for a mayor and mayor pro tempore and certain
duties, powers, and other matters relative thereto; to provide for
administrative affairs and responsibilities; to provide for boards, commissions,
and authorities; to provide for a city manager, a city attorney, a city clerk,
and other personnel and matters relating thereto; to provide for rules and
regulations; to provide for a municipal court and the judge or judges thereof
and other matters relative to those judges; to provide for the court's
jurisdiction, powers, practices, and procedures; to provide for the right of
certiorari; to provide for elections; to provide for taxation, licenses, and
fees; to provide for franchises, service charges, and assessments; to provide
for bonded and other indebtedness; to provide for city contracts and purchasing;
to provide for the conveyance of property and interests therein; to provide for
bonds for officials; to provide for prior ordinances and rules, pending matters,
and existing personnel; to provide for penalties; to provide for definitions and
construction; to provide for severability; to provide for other matters relative
to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I
INCORPORATION AND
POWERS
SECTION
1.10.
Name.
This
city and the inhabitants thereof are reincorporated by the enactment of this
charter and are hereby constituted and declared a body politic and corporate
under the name and style City of Waynesboro, Georgia, and by that name shall
have perpetual succession.
SECTION
1.11.
Corporate
Boundaries.
(a)
The boundaries of this city shall be those existing on the effective date of the
adoption of this charter with such alterations as may be made from time to time
in the manner provided by law. The boundaries of this city at all times shall be
shown on a map, a written description or any combination thereof, to be retained
permanently in the city hall and to be designated, as the case may be: "Official
Map (or Description) of the corporate limits of the City of Waynesboro,
Georgia." Photographic, typed, or other copies of such map or description
certified by the city clerk shall be admitted as evidence in all courts and
shall have the same force and effect as with the original map or
description.
(b) The city council may
provide for the redrawing of any such map by ordinance to reflect lawful changes
in the corporate boundaries. A redrawn map shall supersede for all purposes the
entire map or maps, which it is designated to replace.
SECTION
1.12.
Powers and
construction.
(a)
This city shall have all powers possible for a city to have under the present or
future Constitution and laws of this state as fully and completely as though
they were specifically enumerated in this charter. This city shall have all the
powers of self-government not otherwise prohibited by this charter or by general
law.
(b) The powers of this city shall
be construed liberally in favor of the city. The specific mention or failure to
mention particular powers shall not be construed as limiting in any way the
powers of this city.
SECTION
1.13.
Examples of powers.
The
powers of the city shall include, but are not limited to, the
power:
(1)
Animal regulations. To regulate and license or to prohibit the keeping or
running at large of animals and fowl and to provide for the impoundment of same
if in violation of any ordinance or lawful order; to provide for the disposition
by sale, gift, or humane destruction of animals and fowl when not redeemed as
provided by ordinance; and to provide punishment for violation of ordinances
enacted under this charter;
(2)
Appropriations and expenditures. To make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes
authorized by this charter and for any purpose for which a municipality is
authorized by the laws of the State of Georgia; and to provide for the payment
of expenses of the city;
(3)
Building regulation. To regulate and to license the erection and construction
of buildings and all other structures; to adopt building, housing, plumbing,
electrical, gas, and heating and air-conditioning codes; and to regulate all
housing and building trades;
(4)
Business regulation and taxation. To levy and to provide for collection of
regulatory fees and taxes on privileges, occupations, trades, and professions as
authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or
may hereafter be enacted; to permit and regulate the same; to provide for the
manner and method of payment of such regulatory fees and taxes; and to revoke
such permits after due process for failure to pay any city taxes or
fees;
(5)
Condemnation. To condemn property, inside or outside the corporate limits of
the city, for present or future use and for any corporate purpose deemed
necessary by the governing authority, utilizing procedures enumerated in Title
22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be
enacted;
(6)
Contracts. To enter into contracts and agreements with other governmental
entities and with private persons, firms, and corporations;
(7)
Emergencies. To establish procedures for determining and proclaiming that an
emergency situation exists within or outside the city and to make and carry out
all reasonable provisions deemed necessary to deal with or meet such an
emergency for the protection, safety, health, or well-being of the citizens of
the city;
(8)
Environmental protection. To protect and preserve the natural resources,
environment, and vital areas of the state through the preservation and
improvement of air quality, the restoration and maintenance of water resources,
the control of erosion and sedimentation, the management of solid and hazardous
waste, and other necessary actions for the protection of the
environment;
(9)
Fire regulations. To fix and establish fire limits and from time to time to
extend, enlarge, or restrict the same; to prescribe fire safety regulations not
inconsistent with general law, relating to both fire prevention and detection
and to fire fighting; and to prescribe penalties and punishment for violations
thereof;
(10)
Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash
collection and disposal and other sanitary service charge, tax, or fee for such
services as may be necessary in the operation of the city from all individuals,
firms, and corporations residing in or doing business in the city benefiting
from such services; to enforce the payment of such charges, taxes, or fees; and
to provide for the manner and method of collecting such service
charges;
(11)
General health, safety, and welfare. To define, regulate, and prohibit any act,
practice, conduct, or use of property which is detrimental to health,
sanitation, cleanliness, welfare, and safety of the inhabitants of the city and
to provide for the enforcement of such standards;
(12)
Gifts. To accept or refuse gifts, donations, bequests, or grants from any
source for any purpose related to powers and duties of the city and the general
welfare of its citizens, on such terms and conditions as the donor or grantor
may impose;
(13)
Health and sanitation. To prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(14)
Jail sentences. To provide that persons given jail sentences in the municipal
court may work out such sentences in any public works or on the streets, roads,
drains, and other public property in the city; to provide for commitment of such
persons to any jail; or to provide for commitment of such persons to any county
work camp or county jail by agreement with the appropriate county
officials;
(15)
Motor vehicles. To regulate the operation of motor vehicles and exercise
control over all traffic, including parking upon or across the streets, roads,
alleys, and walkways of the city;
(16)
Municipal agencies and delegation of power. To create, alter, or abolish
departments, boards, offices, commissions, and agencies of the city and to
confer upon such agencies the necessary and appropriate authority for carrying
out all the powers conferred upon or delegated to the same;
(17)
Municipal debts. To appropriate and borrow money for the payment of debts of
the city and to issue bonds for the purpose of raising revenue to carry out any
project, program, or venture authorized by this charter or the laws of the State
of Georgia;
(18)
Municipal property ownership. To acquire, dispose of, lease, and hold in trust
or otherwise any real, personal, or mixed property, in fee simple or lesser
interest, inside or outside the property limits of the city;
(19)
Municipal property protection. To provide for the preservation and protection
of property and equipment of the city and the administration and use of same by
the public; and to prescribe penalties and punishment for violations
thereof;
(20)
Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and
dispose of public utilities, including but not limited to a system of
waterworks, sewers and drains, sewage disposal, gas works, electric light
plants, cable television and other telecommunications, transportation
facilities, public airports, and any other public utility; and to fix the taxes,
charges, rates, fares, fees, assessments, regulations, and penalties and to
provide for the withdrawal of service for refusal or failure to pay the
same;
(21)
Nuisance. To define a nuisance and provide for its abatement whether on public
or private property;
(22)
Penalties. To provide penalties for violation of any ordinances adopted
pursuant to the authority of this charter and the laws of the State of
Georgia;
(23)
Planning and zoning. To provide comprehensive city planning for development by
zoning; and to provide subdivision regulation and the like as the city council
deems necessary and reasonable to ensure a safe, healthy, and esthetically
pleasing community;
(24)
Police and fire protection. To exercise the power of arrest through duly
appointed police officers and to establish, operate, or contract for a police
and a fire-fighting agency;
(25)
Public hazards; removal. To provide for the destruction and removal of any
building or other structure which is or may become dangerous or detrimental to
the public;
(26)
Public improvements. To provide for the acquisition, construction, building,
operation, and maintenance of public ways, parks and playgrounds, public
grounds, recreational facilities, cemeteries, markets and market houses, public
buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical
systems, gas systems, other public utilities, public housing, airports,
hospitals, terminals, docks, parking facilities, and charitable, cultural,
educational, recreational, conservation, sport, curative, corrective,
detentional, penal, and medical institutions, agencies, and facilities; and to
provide any other public improvements, inside or outside the corporate limits of
the city; to regulate the use of public improvements; and, for such purposes,
property may be acquired by condemnation under Title 22 of the O.C.G.A. or such
other applicable laws as are now or may hereafter be enacted;
(27)
Public peace. To provide for the prevention and punishment of drunkenness,
riots, and public disturbances;
(28)
Public transportation. To organize and operate such public transportation
systems as are deemed beneficial;
(29)
Public utilities and services. To grant franchises or make contracts for or
impose taxes on public utilities and public service companies and to prescribe
the rates, fares, regulations, and standards and conditions of service
applicable to the service to be provided by the franchise grantee or contractor,
insofar as not in conflict with valid regulations of the Georgia Public Service
Commission;
(30)
Regulation of roadside areas. To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings,
and any and all other structures or obstructions upon or adjacent to the rights
of way of streets and roads or within view thereof, within or abutting the
corporate limits of the city; and to prescribe penalties and punishment for
violation of such ordinances;
(31)
Retirement. To provide and maintain a retirement plan for officers and
employees of the city;
(32)
Roadways. To lay out, open, extend, widen, narrow, establish or change the
grade of, abandon or close, construct, pave, curb, gutter, adorn with shade
trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and
light the roads, alleys, and walkways within the corporate limits of the city;
and to grant franchises and rights of way throughout the streets and roads and
over the bridges and viaducts for the use of public utilities; and to require
real estate owners to repair and maintain in a safe condition the sidewalks
adjoining their lots or lands and to impose penalties for failure to do
so;
(33)
Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the
acquiring, constructing, equipping, operating, maintaining, and extending of a
sewage disposal plant and sewerage system and to levy on those to whom sewers
and sewerage systems are made available a sewer service fee, charge, or sewer
tax for the availability or use of the sewers; to provide for the manner and
method of collecting such service charges and for enforcing payment of the same;
and to charge, impose, and collect a sewer connection fee or fees to those
connected with the system;
(34)
Solid waste disposal. To provide for the collection and disposal of garbage,
rubbish, and refuse and to regulate the collection and disposal of garbage,
rubbish, and refuse by others; and to provide for the separate collection of
glass, tin, aluminum, cardboard, paper, and other recyclable materials and to
provide for the sale of such items;
(35)
Special areas of public regulation. To regulate or prohibit junk dealers, the
manufacture and sale of intoxicating liquors, to regulate the transportation,
storage, and use of combustible, explosive, and inflammable materials, the use
of lighting and heating equipment, and any other business or situation which may
be dangerous to persons or property; to regulate and control the conduct of
peddlers and itinerant traders, theatrical performances, exhibitions, and shows
of any kind, by taxation or otherwise; and to license, tax, regulate, or
prohibit professional fortunetelling, palmistry, and massage parlors; and to
restrict adult bookstores to certain areas;
(36)
Special assessments. To levy and provide for the collection of special
assessments to cover the costs for any public improvements;
(37)
Taxes: ad valorem. To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation;
(38)
Taxes: other. To levy and collect such other taxes as may be allowed now or in
the future by law;
(39)
Taxicabs. To regulate and license vehicles operated for hire in the city; to
limit the number of such vehicles; to require the operators thereof to be
licensed; to require public liability insurance on such vehicles in the amounts
to be prescribed by ordinance; and to regulate the parking of such
vehicles;
(40)
Urban redevelopment. To organize and operate an urban redevelopment program;
and
(41)
Other powers. To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or protect the
safety, health, peace, security, good order, comfort, convenience, or general
welfare of the city and its inhabitants; and to exercise all implied powers
necessary or desirable to carry into execution all powers granted in this
charter as fully and completely as if such powers were fully stated in this
charter; and to exercise all powers now or in the future authorized to be
exercised by other municipal governments under other laws of the State of
Georgia; and no listing of particular powers in this charter shall be held to be
exclusive of others, nor restrictive of general words and phrases granting
powers, but shall be held to be in addition to such powers unless expressly
prohibited to municipalities under the Constitution or applicable laws of the
State of Georgia.
SECTION
1.14.
Exercise of powers.
All
powers, functions, rights, privileges, and immunities of the city, its officers,
agencies, or employees shall be carried into execution as provided by this
charter. If this charter makes no provision, such shall be carried into
execution as provided by ordinance or as provided by pertinent laws of the State
of Georgia.
ARTICLE
II
GOVERNMENT
STRUCTURE
SECTION
2.10.
City council creation; number;
election.
The
legislative authority of the government of this city, except as otherwise
specifically provided in this charter, shall be vested in a city council to be
composed of a mayor and six (6) councilmembers. The city will be divided into
three wards for the purpose of elections, which wards shall be designated as
Ward I, Ward II, and Ward III. Two councilmembers will be elected from each
ward by the voters in that ward. Each ward shall represent a defined
geographical area of the city. The ward boundaries of this city at all times
shall be shown on a map, a written description or any combination thereof, to be
retained permanently in the city hall and to be designated, as the case may be
"Official Map (or Description) of the ward boundaries of the City of Waynesboro,
Georgia." The city council may provide for the redrawing of any such map by
ordinance to reflect lawful changes in the ward boundaries. A redrawn map shall
supersede for all purposes the entire map which it is designated to replace.
The city council established shall in all respects be successor to and
continuation of the governing authority under prior law. The mayor and
councilmembers shall be elected in the manner provided by general law and this
charter.
SECTION
2.11.
City
councilmembers;
terms and
qualifications for office.
The
members of the city council shall serve for terms of four years and until their
respective successors are elected and qualified. No person shall be eligible to
serve as a councilmember unless that person shall have been a resident of the
city for 12 months prior to the date of election of members of the council; each
shall continue to reside therein during that member's period of service and to
be registered and qualified to vote in municipal elections of this city. In
addition to the above requirements, no person shall be eligible to serve as a
councilmember representing a council ward unless that person has been a resident
of the ward such person seeks to represent for a continuous period of at least
six months immediately prior to the date of the election for councilmember and
continues to reside in such ward during that person's period of service.
SECTION
2.12.
Vacancy; filling of vacancies;
suspensions.
(a)
Vacancies—The office of mayor or councilmember shall become vacant upon
the incumbent's death, resignation, forfeiture of office, or occurrence of any
event specified by the Constitution of the State of Georgia, Title 45 of the
O.C.G.A., or such other applicable laws as are or may hereafter be
enacted.
(b) Filling of
Vacancies—A vacancy in the office of mayor or councilmember shall be
filled for the remainder of the unexpired term, if any, by appointment by the
city council or those members remaining if less than 14 months remains in the
unexpired term. If such vacancy occurs 14 months or more prior to the
expiration of the term of that office, it shall be filled for the remainder of
the unexpired term by a special election, as provided for in Section 5.14 of
this Charter.
(c) This provision shall
also apply to a temporary vacancy created by the suspension from office of the
mayor or any councilmember.
SECTION
2.13.
Compensation and
expenses.
The
mayor and councilmembers shall receive compensation and expenses for their
services as provided by ordinance.
SECTION
2.14.
Conflicts of interest; holding
other offices.
(a)
Elected and appointed officers of the city are trustees and servants of the
residents of the city and shall act in a fiduciary capacity for the benefit of
such residents.
(b) Conflict of
interest—No elected official, appointed officer, or employee of the city
or any agency or political entity to which this charter applies shall
knowingly:
(1)
Engage in any business or transaction or have a financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge of
that person's official duties or which would tend to impair the independence of
that person's judgment or action in the performance of that person's official
duties;
(2)
Engage in or accept private employment or render services for private interests
when such employment or service is incompatible with the proper discharge of
that person's official duties or would tend to impair the independence of that
person's judgment or action in the performance of that person's official
duties;
(3)
Disclose confidential information, including information obtained at meetings
which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning
the property, government, or affairs of the governmental body by which that
person is engaged without proper legal authorization or use such information to
advance the financial or other private interest of that person or
others;
(4)
Accept any valuable gift, whether in the form of service, loan, thing, or
promise, from any person, firm, or corporation which to that person's knowledge
is interested, directly or indirectly, in any manner whatsoever, in business
dealings with the governmental body by which that person is engaged; provided,
however, that an elected official who is a candidate for public office may
accept campaign contributions and services in connection with any such
campaign;
(5)
Represent other private interests in any action or proceeding against this city
or any portion of its government; or
(6)
Vote or otherwise participate in the negotiation or in the making of any
contract with any business or entity in which that person has a financial
interest.
(c)
Disclosure—Any elected official, appointed officer, or employee who shall
have any financial interest, directly or indirectly, in any contract or matter
pending before or within any department of the city shall disclose such interest
to the city council. The mayor or any councilmember who has a financial
interest in any matter pending before the city council shall disclose such
interest and such disclosure shall be entered on the records of the city
council, and that person shall disqualify himself or herself from participating
in any decision or vote relating thereto. Any elected official, appointed
officer, or employee of any agency or political entity to which this charter
applies who shall have any financial interest, directly or indirectly, in any
contract or matter pending before or within such entity shall disclose such
interest to the governing body of such agency or
entity.
(d) Use of public
property—No elected official, appointed officer, or employee of the city
or any agency or entity to which this charter applies shall use property owned
by such governmental entity for personal benefit, convenience, or profit except
in accordance with policies promulgated by the city council or the governing
body of such agency or entity.
(e)
Contracts voidable and rescindable—Any violation of this section which
occurs with the knowledge, express or implied, of a party to a contract or sale
shall render such contract or sale voidable at the option of the city
council.
(f) Ineligibility of elected
official—Except where authorized by law, neither the mayor nor any
councilmember shall hold any other elective or compensated appointive office in
the city or otherwise be employed by said government or any agency thereof
during the term for which that person was elected. No former councilmember and
no former mayor shall hold any compensated appointive office in the city until
one year after the expiration of the term for which that person was
elected.
(g) Political activities of
certain officers and employees—No appointed officer and no employee of the
city shall continue in such employment upon qualifying as a candidate for
nomination or election to any public office. No employee of the city shall
continue in such employment upon election to any public office in this city or
any other public office which is inconsistent, incompatible, or in conflict with
the duties of the city employee. Such determination shall be made by the mayor
and city council either immediately upon election or at any time such conflict
may arise.
(h) Penalties for
violation—
(1)
Any city officer or employee who knowingly conceals such financial interest or
knowingly violates any of the requirements of this section shall be guilty of
malfeasance in office or position and shall be deemed to have forfeited that
person's office or position.
(2)
Any officer or employee of the city who shall forfeit that person's office or
position as described in paragraph (1) of this subsection shall be ineligible
for appointment or election to or employment in a position in the city
government for a period of three years thereafter.
SECTION
2.15.
Inquiries and
investigations.
Following
the adoption of an authorizing resolution, the city council may make inquiries
and investigations into the affairs of the city and conduct of any department,
office, or agency thereof and for this purpose may subpoena witnesses,
administer oaths, take testimony, and require the production of evidence. Any
person who fails or refuses to obey a lawful order issued in the exercise of
these powers by the city council shall be punished as may be provided by
ordinance.
SECTION
2.16.
General power and authority of
the city council.
(a)
Except as otherwise provided by law or this charter, the city council shall be
vested with all the powers of government of this
city.
(b) In addition to all other
powers conferred upon it by law, the council shall have the authority to adopt
and provide for the execution of such ordinances, resolutions, rules, and
regulations, not inconsistent with this charter and the Constitution and the
laws of the State of Georgia, which it shall deem necessary, expedient, or
helpful for the peace, good order, protection of life and property, health,
welfare, sanitation, comfort, convenience, prosperity, or well-being of the
inhabitants of the City of Waynesboro and may enforce such ordinances by
imposing penalties for violation thereof.
SECTION
2.17.
Eminent domain.
The
city council is hereby empowered to acquire, construct, operate and maintain
public ways, parks, public grounds, cemeteries, markets, market houses, public
buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical
systems, gas systems, airports, hospitals, and charitable, educational,
recreational, sport, curative, corrective, detentional, penal and medical
institutions, agencies and facilities, and any other public improvements inside
or outside the city, and to regulate the use thereof, and for such purposes,
property may be condemned under procedures established under general law
applicable now or as provided in the future.
SECTION
2.18.
Organizational
meetings.
The
city council shall hold an organizational meeting on the first Monday in
January. The meeting shall be called to order by the mayor and the oath of
office shall be administered to the newly elected members by an officer
authorized to administer oaths and shall, to the extent that it comports with
federal and state law, be as follows:
"I
do solemnly (swear) (affirm) that I will faithfully perform the duties of
(mayor) (councilmember) of this city and that I will support and defend the
charter thereof as well as the Constitution and laws of the State of Georgia and
of the United States of America. I am not the holder of any unaccounted for
public money due this state or any political subdivision or authority thereof.
I am not the holder of any office of trust under the government of the United
States, any other state, or any foreign state which I by the laws of the State
of Georgia am prohibited from holding. I am otherwise qualified to hold said
office according to the Constitution and laws of Georgia. I have been a
resident of the City of Waynesboro for the time required by the Constitution and
laws of this state and by the municipal charter. I will perform the duties of
my office in the best interest of the City of Waynesboro to the best of my
ability without fear, favor, affection, reward, or expectation
thereof."
SECTION
2.19.
Regular and special
meetings.
(a)
The city council shall hold regular meetings at such times and places as shall
be prescribed by ordinance.
(b)
Special meetings of the city council may be held on call of the mayor or any two
members of the city council. Notice of such special meetings shall be served on
all other members personally, or by telephone personally, at least 48 hours in
advance of the meeting. Such notice to councilmembers shall not be required if
the mayor and all councilmembers are present when the special meeting is called.
Such notice of any special meeting may be waived by a councilmember in writing
before or after such a meeting, and attendance at the meeting shall also
constitute a waiver of notice on any business transacted in such councilmembers
presence. Only the business stated in the call may be transacted at the special
meeting, except by unanimous consent of all members of the
council.
(c) All meetings of the city
council shall be public to the extent required by law and notice to the public
of special meetings shall be made fully as is reasonably possible as provided by
Code section 50-14-1 of the O.C.G.A., or other such applicable laws as are or
may hereafter be enacted.
SECTION
2.20.
Rules of procedure;
committees.
(a)
The city council shall adopt its rules of procedure and order of business
consistent with the provisions of this charter and shall provide for keeping a
minute book of its proceedings, which shall be a public
record.
(b) All committees and
committee chairs of the city council shall be appointed by the mayor and shall
serve at the pleasure of the mayor. The mayor shall have the power to appoint
new members to any committee at any time.
SECTION
2.21.
Quorum; voting.
The
mayor and three councilmembers shall constitute a quorum, or in the absence of
the mayor, four councilmembers shall constitute a quorum and shall be authorized
to transact business of the city council. Voting on the adoption of ordinances
shall be by voice vote and the vote shall be recorded in the minutes, but any
member of the city council shall have the right to request a roll call vote and
such vote shall be recorded in the minutes. Except as otherwise provided in this
charter, the affirmative vote of three councilmembers shall be required for the
adoption of any ordinance, resolution, or motion.
SECTION
2.22.
Ordinance form;
procedures.
(a)
Every proposed ordinance should be introduced in writing and in the form
required for final adoption. No ordinance shall contain a subject which is not
expressed in its title. The enacting clause shall be "It is hereby ordained by
the governing authority of the City of Waynesboro" and every ordinance shall so
begin.
(b) An ordinance may be
introduced by the mayor or by any councilmember and be read at a regular or
special meeting of the city council. Ordinances shall be considered and adopted
or rejected by the city council in accordance with the rules which it shall
establish; provided, however, an ordinance shall not be adopted the same day it
is introduced, except for emergency ordinances provided in Section 2.24. Upon
introduction of any ordinance, the city manager shall as soon as possible
distribute a copy to the mayor and to each councilmember and shall file a
reasonable number of copies in the office of the clerk and at such other public
places as the city council may designate.
SECTION
2.23.
Action requiring an
ordinance.
Acts
of the city council which have the force and effect of law shall be enacted by
ordinance.
SECTION
2.24.
Emergencies.
(a)
To meet a public emergency affecting life, health, property or public peace, the
city council may convene on call of the mayor or any two councilmembers and
promptly adopt an emergency ordinance, but such ordinance may not levy taxes;
grant, renew or extend a franchise; regulate the rate charged by any public
utility for its services; or authorize the borrowing of money except for loans
to be repaid within 30 days. An emergency ordinance shall be introduced in the
form prescribed for ordinances generally, except that it shall be plainly
designated as an emergency ordinance and shall contain, after the enacting
clause, a declaration stating that an emergency exists, and describing the
emergency in clear and specific terms. An emergency ordinance may be adopted,
with or without amendment, or rejected at the meeting at which it is introduced,
but the affirmative vote of at least four councilmembers shall be required for
adoption. It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically stand repealed 30
days following the date upon which it was adopted, but this shall not prevent
reenactment of the ordinance in the manner specified in this section if the
emergency still exists. An emergency ordinance may also be repealed by adoption
of a repealing ordinance in the same manner specified in this section for
adoption of emergency ordinances.
(b)
Such meetings shall be open to the public to the extent required by law and
notice to the public of emergency meetings shall be made as fully as is
reasonably possible in accordance with Code section 50-14-1 of the O.C.G.A., or
such other applicable laws as are or may hereafter be enacted.
SECTION
2.25.
Codes of technical
regulations.
(a)
The city council may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and requirements
governing such adopting ordinance shall be as prescribed for ordinances
generally except that: (1) the requirements of subsection (b) of Section 2.21 of
this charter for distribution and filing of copies of the ordinance shall be
construed to include copies of any code of technical regulations, as well as the
adopting ordinance; and (2) a copy of each adopted code of technical
regulations, as well as the adopting ordinance, shall be authenticated and
recorded by the clerk pursuant to Section 2.25 of this
charter.
(b) Copies of any adopted
code of technical regulations shall be made available by the clerk for
inspection by the public.
SECTION
2.26.
Signing;
authenticating;
recording;
codification; printing.
(a)
The clerk shall authenticate by the clerk's signature and record in full in a
properly indexed book kept for that purpose, all ordinances adopted by the
council.
(b) The city council shall
provide for the preparation of a general codification of all the ordinances of
the city having the force and effect of law. The general codification shall be
adopted by the city council by ordinance and shall be published promptly,
together with all amendments thereto and such codes of technical regulations and
other rules and regulations as the city council may specify. This codification
shall be known and cited officially as the "Code of Ordinances of the City of
Waynesboro, Georgia." Copies of the Code of Ordinances shall be furnished to all
officers, departments and agencies of the city, and made available for purchase
by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each
ordinance and each amendment to this charter to be printed promptly following
its adoption, and the printed ordinances and charter amendments shall be made
available for purchase by the public at reasonable prices to be fixed by the
city council. Following publication of the first code under this Charter and at
all times thereafter, the ordinances and charter amendments shall be printed in
substantially the same style as the code currently in effect and shall be
suitable in form for incorporation therein. The city council shall make such
further arrangements as deemed desirable with reproduction and distribution of
any current changes in or additions to codes of technical regulations and other
rules and regulations included in the code.
SECTION
2.27.
City manager;
appointment;
qualifications;
compensation.
The
city council shall appoint a city manager for an indefinite term and shall fix
the city manager's compensation. The city manager shall be appointed solely on
the basis of that person's executive and administrative
qualifications.
SECTION
2.28.
Removal of city
manager.
(a)
The city council may remove the manager from office in accordance with the
following procedures:
(1)
The city council shall adopt by affirmative vote of a majority of all its
members a preliminary resolution which must state the reasons for removal and
may suspend the manager from duty for a period not to exceed 45 days. A copy of
the resolution shall be delivered promptly to the manager;
(2)
Within five days after a copy of the resolution is delivered to the manager, the
manager may file with the city council a written request for a public hearing.
This hearing shall be held within 30 days after the request is filed. The
manager may file with the council a written reply not later than five days
before the hearing; and
(3)
If the manager has not requested a public hearing within the time specified in
paragraph (2) above, the city council may adopt a final resolution for removal,
which may be made effective immediately, by an affirmative vote of a majority of
all its members. If the manager has requested a public hearing, the city
council may adopt a final resolution for removal, which may be made effective
immediately, by an affirmative vote of a majority of all its members at any time
after the public hearing.
(b)
The manager may continue to receive a salary until the effective date of a final
resolution of removal.
SECTION
2.29.
Acting city manager.
By
letter filed with the city clerk, the city manager shall designate, subject to
approval of the city council, a qualified city administrative officer to
exercise the powers and perform the duties of city manager during the city
manager's temporary absence or physical or mental disability. During such
absence or disability, the city council may revoke such designation at any time
and appoint another officer of the city to serve until the city manager shall
return or the city manager's disability shall cease.
SECTION
2.30.
Powers and duties of the city
manager.
The
city manager shall be the chief executive and administrative officer of the
city. The city manager shall be responsible to the city council for the
administration of all city affairs placed in the city manager's charge by or
under this charter. As the chief executive and administrative officer, the city
manager shall:
(1)
Appoint and, when the city manager deems it necessary for the good of the city,
suspend or remove all city employees and administrative officers the city
manager appoints, except as otherwise provided by law or personnel ordinances
adopted pursuant to this charter. The city manager may authorize any
administrative officer who is subject to the city manager's direction and
supervision to exercise these powers with respect to subordinates in that
officer's department, office, or agency;
(2)
Direct and supervise the administration of all departments, offices, and
agencies of the city, except as otherwise provided by this charter or by
law;
(3)
Attend all city council meetings, except for closed meetings held for the
purposes of deliberating on the appointment, discipline, or removal of the city
manager, and have the right to take part in discussion, but the city manager may
not vote;
(4)
See that all laws, provisions of this charter, and acts of the city council,
subject to enforcement by the city manager or by officers subject to the city
manager's direction and supervision, are faithfully executed;
(5)
Prepare and submit the annual operating budget and capital budget to the city
council;
(6)
Submit to the city council and make available to the public a complete report on
the finances and administrative activities of the city as of the end of each
fiscal year;
(7)
Make such other reports as the city council may require concerning the
operations of city departments, offices, and agencies subject to the city
manager's direction and supervision;
(8)
Keep the city council fully advised as to the financial condition and future
needs of the city, and make such recommendations to the city council concerning
the affairs of the city as the city manager deems desirable; and
(9)
Perform other such duties as are specified in this charter or as may be required
by the city council.
SECTION
2.31.
Council's interference with
administration.
Except
for the purpose of inquiries and investigations under Section 2.15 of this
charter, the city council or its members shall deal with city officers and
employees who are subject to the direction and supervision of the city manager
solely through the city manager, and neither the city council nor its members
shall give orders to any such officer or employee, either publicly or privately.
The city council shall act in all matters as a body and no member shall seek
individually to influence the official acts of the manager or any other officer
or employee of the city, or direct or request the appointment of any person to,
or his removal from, any office or position of employment, or to interfere in
any way with the performance of the duties by the manager or other officers or
employees.
SECTION
2.32.
Election of mayor;
forfeiture.
The
mayor shall be elected at large by the voters of the city and serve for a term
of four years and until a successor is elected and qualified. The mayor shall be
a qualified elector of this city and shall have been a resident of the city for
12 months prior to the date of election. The mayor shall continue to reside in
this city during the period of service. The mayor shall forfeit the office on
the same grounds and under the same procedure as for councilmembers.
SECTION
2.33.
Vice mayor.
The
city council at the first regular meeting after the newly elected councilmembers
have taken office following each election shall elect a councilmember to serve
as vice mayor. The vice mayor shall be elected by a majority vote of the city
council. The vice mayor shall serve for a term of two years. The vice mayor
shall assume the duties and powers of the mayor during the mayor's physical or
mental disability, suspension from office or absence. Any such disability of the
mayor shall be declared by a majority vote of the city council. The vice mayor
shall sign all contracts and ordinances in which the mayor has a disqualifying
financial interest as provided in Section 2.14. When acting as mayor, the vice
mayor shall not vote as a member of the council.
SECTION
2.34.
Powers and duties of
mayor.
The
mayor shall:
(1)
Preside at all meetings of the city council;
(2)
Exercise general supervision over administrative work of the city;
(3)
Be the head of the city for the purpose of service of process and for ceremonial
purposes, and be the official spokesperson for the city and the chief advocate
of policy;
(4)
Have the power to administer oaths and to take affidavits;
(5)
Sign as a matter of course on behalf of the city all written and approved
contracts, ordinances, resolutions, and other instruments executed by the city
which by law are required to be in writing;
(6)
Vote on matters before the city council only in the case of a tie vote between
councilmembers;
(7)
Approve or disapprove resolutions and ordinances as provided in Section 2.35;
and
(8)
Perform such other duties as may be required by law, this charter, or by
ordinance.
SECTION
2.35.
Submission of ordinances to the
mayor; veto power.
(a)
Every resolution or ordinance adopted by the city council shall be presented by
the city manager to the mayor within 96 hours after the adjournment of any
council meeting.
(b) The mayor, within
seven calendar days of receipt of a resolution or ordinance, shall return it to
the city manager with or without the mayor's approval, or with his veto. If the
resolution or ordinance has been approved by the mayor, it shall become law upon
its return to the city manager; if the resolution or ordinance is neither
approved nor disapproved, it shall become law at twelve o'clock noon on the
twelfth calendar day after its adoption by the city council; if the resolution
or ordinance is vetoed, the mayor shall submit to the city council through the
city manager a written statement explaining the reasons for the veto. The city
manager shall record upon the resolution or ordinance the date of its delivery
to and receipt from the mayor.
(c)
Resolutions or ordinances vetoed by the mayor shall be presented by the city
manager to the city council at its next meeting. If the city council then or at
its next meeting adopts the resolution or ordinance over the veto by an
affirmative vote of four of its members, it shall become
law.
(d) The mayor may disapprove or
reduce any item or items of appropriation in any resolution or ordinance, except
appropriations for auditing or investigating the office of mayor. The approved
part or parts of any resolution or ordinance making appropriations shall become
law, and the part or parts disapproved shall not become law unless subsequently
passed by the city council over the mayor's veto as provided herein. The
reduced part or parts shall be presented to city council as though disapproved
and shall not become law unless overridden by the city council as provided in
subsection (c) above.
(e) The mayor
shall not have the power to veto any emergency ordinance.
ARTICLE
III
ADMINISTRATIVE
AFFAIRS
SECTION
3.10.
Administrative and service
departments.
(a)
Except as otherwise provided in this charter, the city council, by ordinance,
shall prescribe the functions or duties, and establish, abolish, alter,
consolidate or leave vacant all nonelective offices, positions of employment,
departments, and agencies of the city, as necessary for the proper
administration of the affairs and government of this
city.
(b) Except as otherwise provided
by this charter or by law, the directors of departments and other appointed
officers of the city shall be appointed solely on the basis of their respective
administrative and professional
qualifications.
(c) All appointive
officers and directors of departments shall receive such compensation as
prescribed by ordinance or
resolution.
(d) There shall be a
director of each department or agency who shall be its principal officer. Each
director shall, subject to the direction and supervision of the city manager, be
responsible for the administration and direction of the affairs and operations
of that director's department or
agency.
(e) All directors of
departments shall be subject to removal or suspension at any time by the city
manager in the manner provided by city's personnel policy and procedure
manual.
SECTION
3.11.
Boards, commissions, and
authorities.
(a)
The city council shall create by ordinance or resolution such boards,
commissions and authorities to fulfill any investigative, quasi-judicial or
quasi-legislative function the city council deems necessary, and shall by
ordinance or resolution establish the composition, period of existence, duties
and powers thereof.
(b) All members of
boards, commissions and authorities of the city shall be appointed by the city
council for such terms of office and in such manner as shall be provided by
ordinance, except where other appointing authority, terms of office, or manner
of appointment is prescribed by this charter or by
law.
(c) The city council, by
ordinance, may provide for the compensation and reimbursement for actual and
necessary expenses of the members of any board, commission or
authority.
(d) Except as otherwise
provided by charter or by law, no member of any board, commission, or authority
of the city shall hold any elective office in the city.
(e) Any vacancy on a board,
commission, or authority of the city shall be filled for the unexpired term in
the manner prescribed herein for original appointment, except as otherwise
provided by this charter or by law.
(f)
No member of a board, commission, or authority shall assume office until that
person has executed and filed with the clerk of the city an oath obligating
himself to faithfully and impartially perform the duties of that member's
office.
(g) All members of boards,
commissions, or authorities serve at-will and may be removed at any time by a
majority vote of the city council unless otherwise provided by law.
(h) Except as otherwise provided by
this charter or by law, each board, commission, or authority of the city shall
elect one of its members as chair and one member as vice-chair, and may elect as
its secretary one of its own members or may appoint as secretary an employee of
the city. Each board, commission, or authority of the city government may
establish such bylaws, rules, and regulations, not inconsistent with this
charter, ordinances of the city, or law, as it deems appropriate and necessary
for the fulfillment of its duties or the conduct of its affairs. Copies of such
bylaws, rules, and regulations shall be filed with the clerk of the
city.
SECTION
3.12.
City attorney.
The
mayor and city council shall appoint a city attorney, together with such
assistant city attorneys as may be authorized, and shall provide for the payment
of such attorney or attorneys for services rendered to the city. The city
attorney shall be responsible for providing for the representation and defense
of the city in all litigation in which the city is a party; may be the
prosecuting officer in the municipal court; shall attend the meetings of the
council as directed; shall advise the city council, mayor, and other officers
and employees of the city concerning legal aspects of the city's affairs; and
shall perform such other duties as may be required by virtue of the person's
position as city attorney.
The city
attorney is not a public official of the city and does not take an oath of
office. The city attorney shall at all times be an independent contractor. A
law firm, rather than an individual, may be designated as the city
attorney.
SECTION
3.13.
City clerk.
The
mayor and city council shall appoint a city clerk who shall not be the mayor or
a councilmember. The city clerk shall be custodian of the official city seal
and city records; maintain city council records required by this charter; attend
meetings of the city council and keep minutes of its proceedings at such
meetings; and perform such other duties as may be required by the city council.
With the approval of the city council, the city manager may serve as the city
clerk.
SECTION
3.14.
Position classification and pay
plans.
The
city manager shall be responsible for the preparation of a position
classification and pay plan which shall be submitted to the city council for
approval. Such plan may apply to all employees of the city and any of its
agencies, departments, boards, commissions or authorities. When a pay plan has
been adopted, the city council shall not increase or decrease the salary range
applicable to any position except by amendment of such pay plan. For purposes
of this section, all elected city officials are not city employees.
SECTION
3.15.
Personnel policies.
The
city council shall adopt by ordinance a personnel policy and procedure manual.
All employees shall be governed by the city's personnel policy and procedure
manual.
ARTICLE
IV
JUDICIAL
BRANCH
SECTION
4.10.
Creation; name.
There
shall be a court to be known as the Municipal Court of the City of
Waynesboro.
SECTION
4.11.
Chief judge; associate
judge.
(a)
The municipal court shall be presided over by a chief judge and such part-time,
full-time, or stand-by judges as shall be provided by
ordinance.
(b) No person shall be
qualified or eligible to serve as a judge on municipal court unless that person
shall have attained the age of 25 years, shall be a member of the State Bar of
Georgia and shall possess all qualifications required by law. All judges shall
be appointed by the mayor and city council and shall serve until a successor is
appointed and qualified.
(c)
Compensation of the judges shall be fixed by
ordinance.
(d) Judges serve at will
and may be removed from office at any time by the mayor and city council unless
otherwise provided by ordinance.
(e)
Before assuming office, each judge shall take an oath, given by the mayor, that
the judge will honestly and faithfully discharge the duties of the office to the
best of that person's ability and without fear, favor, or partiality. The oath
shall be entered upon the minutes of the city council.
SECTION
4.12.
Convening.
The
municipal court shall be convened at regular intervals as provided by
ordinance.
SECTION
4.13.
Jurisdiction;
powers.
(a)
The municipal court shall have jurisdiction and authority to try and punish
violations of this charter, all city ordinances, and such other violations as
provided by law.
(b) The municipal
court shall have authority to punish those in its presence for contempt,
provided that such punishment shall not exceed $200.00 or ten days in
jail.
(c) The municipal court may fix
punishment for offenses within its jurisdiction not exceeding a fine of
$1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may
fix punishment by fine, imprisonment or alternative sentencing as now, or
hereafter provided by law.
(d) The
municipal court shall have authority to establish a schedule of fees to defray
the cost of operation, and shall be entitled to reimbursement of the cost of
meals, transportation, and caretaking of prisoners bound over to superior courts
for violations of state law.
(e) The
municipal court shall have authority to establish bail and recognizances to
ensure the presence of those charged with violations before said court, and
shall have discretionary authority to accept cash or personal or real property
as surety for the appearance of persons charged with violations. Whenever any
person shall give bail for that person's appearance and shall fail to appear at
the time fixed for trial, the bond shall be forfeited by the judge presiding at
such time, and an execution issued thereon by serving the defendant and the
defendant's sureties with a rule nisi, at least two days before a hearing on the
rule nisi. In the event that cash or property is accepted in lieu of bond for
security for the appearance of a defendant at trial, and if such defendant fails
to appear at the time and place fixed for trial, the cash so deposited shall be
on order of the judge declared forfeited to the city, or the property so
deposited shall have a lien against it for the value forfeited which lien shall
be enforceable in the same manner and to the same extent as a lien for city
property taxes.
(f) The municipal
court shall have the same authority as superior courts to compel the production
of evidence in the possession of any party; to enforce obedience to its orders,
judgments, and sentences; and to administer such oaths as are
necessary.
(g) The municipal court may
compel the presence of all parties necessary to a proper disposal of each case
by the issuance of summonses, subpoenas, and warrants which may be served as
executed by any officer as authorized by this charter or by
law.
(h) Each judge of the municipal
court shall be authorized to issue warrants for the arrest of persons charged
with offenses against any ordinance of the city, and each judge of the municipal
court shall have the same authority as a magistrate of the state to issue
warrants for offenses against state laws committed within the city.
SECTION
4.14.
Certiorari.
The
right of certiorari from the decision and judgment of the municipal court shall
exist in all criminal cases and ordinance violation cases, and such certiorari
shall be obtained under the sanction of a judge of the Superior Court of Burke
County under the laws of the State of Georgia regulating the granting and
issuance of writs of certiorari.
SECTION
4.15.
Rules for court.
With
the approval of the city council, the judge shall have full power and authority
to make reasonable rules and regulations necessary and proper to secure the
efficient and successful administration of the municipal court; provided,
however, that the city council may adopt in part or in toto the rules and
regulations applicable to municipal courts. The rules and regulations made or
adopted shall be filed with the city clerk, shall be available for public
inspection, and, upon request, a copy shall be furnished to all defendants in
municipal court proceedings at least 48 hours prior to such
proceedings.
ARTICLE
V
ELECTIONS AND
REMOVAL
SECTION
5.10.
Applicability of general
law.
All
primaries and elections shall be held and conducted in accordance with Chapter 2
of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter
amended.
SECTION
5.11.
Election of the city council and
mayor.
(a)
There shall be a municipal general election biennially in the odd years on the
Tuesday next following the first Monday in
November.
(b) There shall be elected
the mayor and three councilmembers at one election and at every other election
thereafter. The remaining city council seats shall be filled at the election
alternating with the first election so that a continuing body is created. Terms
shall be for four years.
(c) In order
to create a continuing body, the following provisions shall apply:
(1)
On the Tuesday following the first Monday in November, 2011, an election shall
be conducted to elect a mayor and three councilmembers. The mayor elected at
that time shall take office on January 1, 2012, at the expiration of the term of
office of the person serving as mayor on January 1, 2008, George L. Deloach.
The candidates elected at that time to the council seats held on January 1, 2008
by Bill Tinley (Ward I, Post 1), Herman Brown (Ward II, Post 2) and Willie R.
Williams (Ward III, Post 3) shall take office on January 1, 2012. The mayor and
councilmembers elected in November 2011, shall serve for a four year term
expiring December 31, 2015, and until such mayor's or councilmember's successors
are elected and qualified. The successors to the positions expiring on
December 31, 2015 shall be elected on the Tuesday following the first Monday in
November 2015. The mayor candidate and city council candidates elected in
November 2015, shall serve for a four year term beginning January 1, 2016 and
expiring on December 31, 2019. Thereafter, the election schedule provided in
subsection (a) and (b) of this section shall apply.
(2)
On the Tuesday following the first Monday in November, 2013, an election shall
be conducted to elect three councilmembers. The candidates elected at that time
to the council seats held on January 1, 2010 by Richard Byne (Ward I, Post 4),
James Jones (Ward II, Post 5) and Portia Washington (Ward III, Post 6) shall
take office on January 1, 2014. The councilmembers elected in November 2013,
shall serve for a four year term expiring December 31, 2017, and until such
councilmember's successors are elected and qualified. The successors to the
positions expiring on December 31, 2017 shall be elected on the Tuesday
following the first Monday in November 2017. The candidates elected in November
2017, shall serve for a four year term beginning January 1, 2018 and expiring on
December 31, 2021. Thereafter, the election schedule provided in subsection (a)
and (b) of this section shall apply.
SECTION
5.12.
Nonpartisan
elections.
Political
parties shall not conduct primaries for city offices and all names of candidates
for city offices shall be listed without party designations.
SECTION
5.13.
Election by
majority.
The
person receiving a majority of the votes cast for any city office shall be
elected.
SECTION
5.14.
Special elections;
vacancies.
In
the event that the office of mayor or councilmember shall become vacant as
provided in Section 2.12 of this charter, the city council or those remaining
shall order a special election to fill the balance of the unexpired term of such
official; provided, however, if such vacancy occurs within 14 months of the
expiration of the term of that office, the city council or those members
remaining shall appoint a successor for the remainder of the term. In all other
respects, the special election shall be held and conducted in accordance with
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or
hereafter amended.
SECTION
5.15.
Other provisions.
Except
as otherwise provided by this charter, the city council shall, by ordinance,
prescribe such rules and regulations as it deems appropriate to fulfill any
options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia
Election Code."
SECTION
5.16.
Removal of officers.
(a)
The mayor, councilmembers, or other appointed officers provided for in this
charter shall be removed from office for any one or more of the causes provided
in Title 45 of the O.C.G.A. or such other applicable laws as are or may
hereafter be enacted.
(b) Removal of
an officer pursuant to subsection (a) of this section shall be accomplished by
one of the following methods:
(1)
Following a hearing at which an impartial panel shall render a decision. In the
event an elected officer is sought to be removed by the action of the city
council, such officer shall be entitled to a written notice specifying the
ground or grounds for removal and to a public hearing which shall be held not
less than ten days after the service of such written notice. The city council
shall provide by ordinance for the manner in which such hearings shall be held.
Any elected officer sought to be removed from office as provided in this section
shall have the right of appeal from the decision of the city council to the
Superior Court of Burke County. Such appeal shall be governed by the same rules
as govern appeals to the superior court from the probate court; or
(2)
By an order of the Superior Court of Burke County following a hearing on a
complaint seeking such removal brought by any resident of the City of
Waynesboro.
ARTICLE
VI
FINANCE
SECTION
6.10.
Property tax.
The
city council may assess, levy, and collect an ad valorem tax on all real and
personal property within the corporate limits of the city that is subject to
such taxation by the state and county. This tax is for the purpose of raising
revenues to defray the costs of operating the city government, of providing
governmental services, for the repayment of principal and interest on general
obligations, and for any other public purpose as determined by the city council
in its discretion.
SECTION
6.11.
Millage rate; due dates; payment
methods.
The
city council by ordinance shall establish a millage rate for the city property
tax, a due date, and the time period within which these taxes must be paid. The
city council by ordinance may provide for the payment of these taxes by
installments or in one lump sum, as well as authorize the voluntary payment of
taxes prior to the time when due.
SECTION
6.12.
Occupation and business
taxes.
The
city council by ordinance shall have the power to levy such occupation or
business taxes as are not denied by law. The city council may classify
businesses, occupations, or professions for the purpose of such taxation in any
way which may be lawful and may compel the payment of such taxes as provided in
Section 6.18 of this charter.
SECTION
6.13.
Regulatory fees;
permits.
The
city council by ordinance shall have the power to require businesses or
practitioners doing business in this city to obtain a permit for such activity
from the city and pay a regulatory fee for such permit as provided by general
law. Such fees shall reflect the total cost to the city of regulating the
activity and, if unpaid, shall be collected as provided in Section 6.18 of this
charter.
SECTION
6.14.
Franchises.
(a)
The city council shall have the power to grant franchises for the use of this
city's streets and alleys for the purposes of railroads, street railways,
telephone companies, electric companies, electric membership corporations, cable
television and other telecommunications companies, gas companies, transportation
companies, and other similar organizations. The city council shall determine
the duration, terms, whether the same shall be exclusive or nonexclusive, and
the consideration for such franchises; provided, however, no franchise shall be
granted for a period in excess of 35 years and no franchise shall be granted
unless the city receives just and adequate compensation therefor. The city
council shall provide for the registration of all franchises with the city clerk
in a registration book kept by the city clerk. The city council may provide by
ordinance for the registration within a reasonable time of all franchises
previously granted.
(b) If no
franchise agreement is in effect, the city council has the authority to impose a
tax on gross receipts for the use of this city's streets and alleys for the
purposes of railroads, street railways, telephone companies, electric companies,
electric membership corporations, cable television and other telecommunications
companies, gas companies, transportation companies, and other similar
organizations.
SECTION
6.15.
Service charges.
The
city council by ordinance shall have the power to assess and collect fees,
charges, and tolls for sewers, sanitary and health services, or any other
services provided or made available within and outside the corporate limits of
the city for the total cost to the city of providing or making available such
services. If unpaid, such charges shall be collected as provided in Section
6.18 of this charter.
SECTION
6.16.
Special assessments.
The
city council by ordinance shall have the power to assess and collect the cost of
constructing, reconstructing, widening, or improving any public way, street,
sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances
from the abutting property owners under such terms and conditions as are
reasonable. If unpaid, such charges shall be collected as provided in Section
6.18 of this charter.
SECTION
6.17.
Construction; other taxes and
fees.
This
city shall be empowered to levy any other tax or fee allowed now or hereafter by
law, and the specific mention of any right, power, or authority in this article
shall not be construed as limiting in any way the general powers of this city to
govern its local affairs.
SECTION
6.18.
Collection of delinquent taxes
and fees.
The
city council by ordinance may provide generally for the collection of delinquent
taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of
this charter by whatever reasonable means as are not precluded by law. This
shall include providing for the dates when the taxes or fees are due; late
penalties or interest; issuance and execution of fi. fas.; creation and
priority of liens; making delinquent taxes and fees personal debts of the
persons required to pay the taxes or fees imposed; revoking city permits for
failure to pay any city taxes or fees; and providing for the assignment or
transfer of tax executions.
SECTION
6.19.
General obligation
bonds.
The
city council shall have the power to issue bonds for the purpose of raising
revenue to carry out any project, program, or venture authorized under this
charter or the laws of the state. Such bonding authority shall be exercised in
accordance with the laws governing bond issuance by municipalities in effect at
the time such issue is undertaken.
SECTION
6.20.
Revenue bonds.
Revenue
bonds may be issued by the city council as state law now or hereafter provides.
Such bonds are to be paid out of any revenue produced by the project, program,
or venture for which they were issued.
SECTION
6.21.
Short-term loans.
The
city may obtain short-term loans and must repay such loans not later than
December 31 of each year, unless otherwise provided by law.
SECTION
6.22.
Lease-purchase
contracts.
The
city may enter into multiyear lease, purchase, or lease-purchase contracts for
the acquisition of goods, materials, real and personal property, services, and
supplies, provided the contract terminates without further obligation on the
part of the municipality at the close of the calendar year in which it was
executed and at the close of each succeeding calendar year for which it may be
renewed. Contracts must be executed in accordance with the requirements of Code
Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may
hereafter be enacted.
SECTION
6.23.
Fiscal year.
The
city council shall set the fiscal year by ordinance. This fiscal year shall
constitute the budget year and the year for financial accounting and reporting
of each and every office, department, agency, and activity of the city
government unless otherwise provided by state or federal law.
SECTION
6.24.
Preparation of
budgets.
The
city council shall provide an ordinance on the procedures and requirements for
the preparation and execution of an annual operating budget, a capital
improvement plan, and a capital budget, including requirements as to the scope,
content, and form of such budgets and plans.
SECTION
6.25.
Operating budget.
On
or before a date fixed by the city council but not later than 30 days prior to
the beginning of each fiscal year, the city manager shall submit to the city
council a proposed operating budget for the ensuing fiscal year. The budget
shall be accompanied by a message from the city manager containing a statement
of the general fiscal policies of the city, the important features of the
budget, explanations of major changes recommended for the next fiscal year, a
general summary of the budget, and such other pertinent comments and
information. The operating budget and the capital budget hereinafter provided
for, the budget message, and all supporting documents shall be filed in the
office of the city clerk and shall be open to public inspection.
SECTION
6.26.
Action by city council on
budget.
(a)
The city council may amend the operating budget proposed by the city manager,
except that the budget as finally amended and adopted must provide for all
expenditures required by state law or by other provisions of this charter and
for all debt service requirements for the ensuing fiscal year. The total
appropriations from any fund shall not exceed the estimated fund balance,
reserves, and revenues.
(b) The city
council by ordinance shall adopt the final operating budget for the ensuing
fiscal year not later than the 31st day of December of each year. If the city
council fails to adopt the budget by said date, the amounts appropriated for
operation for the then current fiscal year shall be deemed adopted for the
ensuing fiscal year on a month-to-month basis, with all items prorated
accordingly, until such time as the city council adopts a budget for the ensuing
fiscal year. Adoption of the budget shall take the form of an appropriations
ordinance setting out the estimated revenues in detail by sources and making
appropriations according to fund and by organizational unit, purpose, or
activity as set out in the budget preparation ordinance adopted pursuant to
Section 6.24 of this charter.
(c) The
amount set out in the adopted operating budget for each organizational unit
shall constitute the annual appropriation for such, and no expenditure shall be
made or encumbrance created in excess of the otherwise unencumbered balance of
the appropriations or allotment thereof to which it is chargeable.
SECTION
6.27.
Tax levies.
The
city council shall levy by ordinance such taxes as are necessary. The taxes and
tax rates set by such ordinance shall be such that reasonable estimates of
revenues from such levy shall at least be sufficient, together with other
anticipated revenues, fund balances, and applicable reserves, to equal the total
amount appropriated for each of the several funds set forth in the annual
operating budget for defraying the expenses of the general government of this
city.
SECTION
6.28.
Changes in
appropriations.
The
city council by ordinance may make changes in the appropriations contained in
the current operating budget, at any regular meeting, special, or emergency
meeting called for such purpose, but any additional appropriations may be made
only from an existing unexpended surplus.
SECTION
6.29.
Capital budget.
(a)
On or before the date fixed by the city council but no later than 30 days prior
to the beginning of each fiscal year, the city manager shall submit to the city
council a proposed capital improvements plan with a recommended capital budget
containing the means of financing the improvements proposed for the ensuing
fiscal year. The city council shall have power to accept, with or without
amendments, or reject the proposed plan and proposed budget. The city council
shall not authorize an expenditure for the construction of any building,
structure, work or improvement, unless the appropriations for such project are
included in the capital budget, except to meet a public emergency as provided in
Section 2.24 of this charter.
(b) The
city council shall adopt by ordinance the final capital budget for the ensuing
fiscal year not later than the 31st day of December of each year. No
appropriation provided for in a prior capital budget shall lapse until the
purpose for which the appropriation was made shall have been accomplished or
abandoned; provided, however, the city manager may submit amendments to the
capital budget at any time during the fiscal year, accompanied by
recommendations. Any such amendments to the capital budget shall become
effective only upon adoption by ordinance.
SECTION
6.30.
Independent audit.
There
shall be an annual independent audit of all city accounts, funds, and financial
transactions by a certified public accountant selected by the city council. The
audit shall be conducted according to generally accepted auditing principles.
Any audit of any funds by the state or federal governments may be accepted as
satisfying the requirements of this charter. Copies of annual audit reports
shall be available at printing costs to the public.
SECTION
6.31.
Contracting
procedures.
No
contract with the city shall be binding on the city unless it is in writing and
it is made or authorized by the city council and such approval is entered in the
city council minute book pursuant to Section 2.21 of this charter.
SECTION
6.32.
Centralized
purchasing.
The
city council shall by ordinance prescribe procedures for a system of centralized
purchasing for the city.
SECTION
6.33.
Sale and lease of city
property.
(a)
The city council may sell and convey, or lease any real or personal property
owned or held by the city for governmental or other purposes as now or hereafter
provided by law.
(b) The city council
may quitclaim any rights it may have in property not needed for public purposes
upon report by the city manager and adoption of a resolution, both finding that
the property is not needed for public or other purposes and that the interest of
the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending,
or widening any street, avenue, alley, or public place of the city, a small
parcel or tract of land is cut-off or separated by such work from a larger tract
or boundary of land owned by the city, the city council may authorize the city
manager to sell and convey said cut-off or separated parcel or tract of land to
an abutting or adjoining property owner or owners where such sale and conveyance
facilitates the enjoyment of the highest and best use of the abutting owner's
property. Included in the sales contract shall be a provision for the
rights-of-way of said street, avenue, alley, or public place. Each abutting
property owner shall be notified of the availability of the property and given
the opportunity to purchase said property under such terms and conditions as
provided by the city council. All deeds and conveyances heretofore and hereafter
so executed and delivered shall convey all title and interest the city has in
such property, notwithstanding the fact that no public sale after advertisement
was or is hereafter made.
ARTICLE
VII
GENERAL
PROVISIONS
SECTION
7.10.
Bonds for officials.
The
officers and employees of this city, both elected and appointed, shall execute
such surety or fidelity bonds in such amounts and upon such terms and conditions
as the city council shall from time to time require by ordinance or as may be
provided by law.
SECTION
7.11.
Existing
ordinances,
resolutions, rules, and
regulations.
All
ordinances, resolutions, rules, and regulations now in force in the city not
inconsistent with this charter are hereby declared valid and of full effect and
force until amended or repealed by the city council.
SECTION
7.12.
Pending matters.
Except
as specifically provided otherwise by this charter, all rights, claims, actions,
orders, contracts, and legal or administrative proceedings shall continue and
any such ongoing work or cases shall be completed by such city agencies,
personnel, or offices as may be provided by the city council.
SECTION
7.13.
Construction.
(a)
Section captions in this charter are informative only and are not be considered
as a part thereof.
(b) The word
"shall" is mandatory and the word "may" is
permissive.
(c) The singular shall
include the plural, the masculine shall include the feminine, and vice
versa.
SECTION
7.14.
Severability.
If
any article, section, subsection, paragraph, sentence, or part thereof of this
charter shall be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect or impair other parts of this charter
unless it clearly appears that such other parts are wholly and necessarily
dependent upon the part held to be invalid or unconstitutional, it being the
legislative intent in enacting this charter that each article, section,
subsection, paragraph, sentence, or part thereof be enacted separately and
independent of each other.
SECTION
7.15.
Specific Repealer.
An
Act incorporating the City of Waynesboro in the County of Burke, approved April
10, 1971 (Ga. L. 1971, p. 3328), is hereby repealed in its entirety and all
amendatory acts thereto are likewise repealed in their entirety.
SECTION
7.16.
General Repealer.
All
other laws and parts of laws in conflict with this Act are hereby repealed.