Bill Text: GA HB1282 | 2009-2010 | Regular Session | Introduced
Bill Title: Leary, City of; provide new charter
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-05-28 - Effective Date [HB1282 Detail]
Download: Georgia-2009-HB1282-Introduced.html
10 LC
21 0674/AP
House
Bill 1282 (AS PASSED HOUSE AND SENATE)
By:
Representative Greene of the
149th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a new charter for the City of Leary, Georgia; 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 a
city manager and powers and duties thereof; to provide for administrative
affairs and responsibilities; to provide for boards, commissions and
authorities: to provide for a city attorney, a city clerk, and other personnel
and matters relating thereto; 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 franchise service charges, and assessments;
to provide for bonded and other indebtedness; to provide for auditing,
accounting, budgeting, and appropriations; to provide for city contracts and
purchasing; to provide for conveyance of property; to provide for bonds for
officials; to provide for prior ordinances and rules, pending matters, and
existing personnel; to provide for definitions and construction; to provide for
other matters relative to the foregoing; to provide for severability; to repeal
a specific Act; to provide for referendum, effective dates, and automatic
repeal; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act incorporating the City of Leary, Georgia, approved January 31, 1975 (Ga. L.
1975, p. 4401), as amended, is repealed in its entirety and all amendatory Acts
thereto are likewise repealed in their entirety, and a new charter for the City
of Leary, Georgia, is provided as follows:
ARTICLE
I.
INCORPORATION AND POWERS
INCORPORATION AND POWERS
SECTION
1.10.
Incorporation.
Incorporation.
This
city and the inhabitants thereof are incorporated by the enactment of this
charter and are constituted and declared a body politic and corporate under the
name and style of the City of Leary, Georgia, and by that name shall have
perpetual existence.
SECTION
1.11.
Corporate boundaries.
Corporate boundaries.
(a)
The boundaries of the 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, or a written description, retained permanently in the city
hall for the City of Leary, Georgia, and to be identified as the "Official Map
(or Description) of the Corporate Limits of the City of Leary, 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 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.
(b) The city council may provide for 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.
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 this city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
(b) The powers of this city shall be construed liberally in favor of this 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.
Specific powers.
Specific powers.
The
city shall have the following powers:
(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 the
same if in violation of any ordinance or lawful order; to provide for the
disposition by sale, gift, or human destruction of animals and fowl when not
redeemed as provided by ordinance; and to provide punishment for violation of
ordinances enacted hereunder.
(2)
Appropriations and expenditures. To make appropriations and expenditures for
the support of the government of the city; to authorize the expenditure of money
for any purposes authorized by this charter, or for municipalities by the laws
of the State of Georgia; and to provide for the payment of expenses of the
city.
(3)
Building regulations. 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; to regulate all housing
and building trades.
(4)
Business regulation and taxation. To levy and to provide for the collection of
regulatory fees and taxes on privileges, occupations, trades, and professions as
authorized by Title 48 of the Official Code of Georgia Annotated, or other such
applicable laws as are or may thereafter 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 Official Code of Georgia Annotated or such other applicable laws as
are 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 of 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 city 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 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 therein benefitting from
such services, or to whom such services are available; 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
sources 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 city's
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, option, and hold
in trust or otherwise any real, personal, or mixed property, in fee simple or
lesser interest, inside or outside of the corporate 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 r 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 the 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 policemen and to establish, operate, or contract for a police
department 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, recreational
facilities, cemeteries, markets, and market houses, public buildings, libraries,
public housing, airports, hospitals, terminals, docks, parking facilities, or
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 procedures
provided in the Official Code of Georgia Annotated, or such other applicable
laws as are 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 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 the 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, provide drainage for,
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 franchise 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
sanitary 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, pawn
shops, the manufacture, sale, or transportation of intoxicating liquors, and the
use and sale of firearms; to regulate the transportation, storage, and use of
combustible, explosive, and inflammable materials, the use of lighting and
hearing equipment, and any other business or situation which the city may deem
to be dangerous to persons or property; to regulate and control the conduct of
peddlers and itinerant traders, theatrical performance, exhibitions, and shows
of any kind, by taxation or otherwise; and to license, tax, regulate, or
prohibit, professional fortune-telling, palmistry, adult bookstores, and massage
parlors.
(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)
Urban redevelopment. To organize and operate an urban redevelopment
program.
(40)
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 herein; 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.
Exercise of powers.
All
powers, functions, rights, privileges, and immunities of the city, its officers,
agencies, or employees shall be carried out into execution as provided by
ordinance or as provided by pertinent laws of the State of Georgia. If this
charter makes no provisions, 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
GOVERNMENT STRUCTURE
SECTION
2.10.
City council; creation; number; election.
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 four council members. The city council established
shall in all respects be a successor to and continuation of the governing
authority under prior law. The mayor and council members shall be elected in
the manner provided by general law and this charter.
SECTION
2.11.
City council terms and qualifications for office.
City council 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 mayor or council member unless that person shall have been a resident
of the city for one year prior to the date of the election; each person holding
city office shall continue to reside therein during his or her period of service
and to be registered and qualified to vote in municipal elections of this city.
Persons shall also be subject to other qualifications as provided by general
law.
SECTION
2.12.
Vacancy; filling of vacancies.
Vacancy; filling of vacancies.
(a)
Vacancies. The office of mayor or council member shall become vacant upon the
occurrence of any event specified by the Constitution of the State of Georgia,
Title 45 of the Official Code of Georgia Annotated, or such other applicable
laws as are or may hereafter be
enacted.
(b) Filling of vacancies. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment by the remaining council members if less than six months remain in the unexpired term; otherwise, an election shall be held, as provided for in Section 5.14 of this charter, and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted.
(b) Filling of vacancies. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment by the remaining council members if less than six months remain in the unexpired term; otherwise, an election shall be held, as provided for in Section 5.14 of this charter, and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted.
SECTION
2.13.
Compensation and expenses.
Compensation and expenses.
The
mayor and council members shall receive compensation and expenses for their
services as established by ordinance adopted in accordance with general
law.
SECTION
2.14.
Holding other office; conflicts of interest; code of ethics.
Holding other office; conflicts of interest; code of ethics.
(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) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
(c) Conflicts of interest. No elected official, appointed officer, or employee of the city or an agency or political entity to which this charter is applicable shall knowingly violate the Conflict of Interest provisions of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, provisions in this charter and other applicable laws of this state.
(d) Code of ethics. No elected official, appointed officer, or employee of the city or an agency or political entity to which this charter is applicable shall knowingly violate the Code of Ethics provisions of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, provisions in this charter and other applicable laws of this state.
(b) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
(c) Conflicts of interest. No elected official, appointed officer, or employee of the city or an agency or political entity to which this charter is applicable shall knowingly violate the Conflict of Interest provisions of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, provisions in this charter and other applicable laws of this state.
(d) Code of ethics. No elected official, appointed officer, or employee of the city or an agency or political entity to which this charter is applicable shall knowingly violate the Code of Ethics provisions of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, provisions in this charter and other applicable laws of this state.
SECTION
2.15.
Inquiries and investigations.
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 the 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 provided by
ordinance.
SECTION
2.16.
General power and authority of the city council.
General power and authority of the city council.
Except
as otherwise provided by law or this charter, the city council shall be vested
with all the powers of the government of this city.
SECTION
2.17.
Eminent domain.
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 use thereof, and for such other purposes
property may be condemned under procedures established under general law
applicable now or as provided in the future.
SECTION
2.18.
Organizational meetings.
Organizational meetings.
(a)
The city council shall hold an organizational meeting on the first meeting in
January following the regular election, as provided for in Section 5.11 of this
charter.
(b) The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly-elected members as follows:
(b) The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly-elected members as follows:
"I
________________ do solemnly swear or affirm that I will properly perform the
duties of the office of _____________________ in and for the City of Leary,
Georgia, to the best of my knowledge, skill, and ability; that I am not the
holder of any unaccounted for public money due to the State of Georgia or any
political subdivision or authority thereto; that 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 am, by the laws of the State of Georgia, prohibited
from holding; that I am qualified to hold the office which I am about to enter
according to the Constitution of the United States and laws of the State of
Georgia; that I will support the Constitution of the United States and the State
of Georgia; that I have been a resident of post from which elected and the City
of Leary, Georgia, for the time required by the Constitution, laws of the State
of Georgia, and the charter of the City of Leary, Georgia, so help me
God."
SECTION
2.19.
Regular and special meetings.
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 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 twenty-four hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting.
(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 O.C.G.A. Section 50-14-1, or other such applicable laws as are or may hereafter be enacted.
(b) Special meetings of the city council may be held on call of the mayor or 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 twenty-four hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting.
(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 O.C.G.A. Section 50-14-1, or other such applicable laws as are or may hereafter be enacted.
SECTION
2.20.
Rules of procedure.
Rules of procedure.
(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
journal of its proceedings, which shall be a public
record.
(b) All committees and committee chairs and officers 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.
(b) All committees and committee chairs and officers 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.
Quorum; voting.
Three
council members, other than the mayor, or the mayor and two council members
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 journal; 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 journal. Except as otherwise provided in this charter, the
affirmative vote of three council members or two council members and the mayor
shall be required for the adoption of any ordinance, resolution, or motion. The
mayor shall vote only in the event of a tie or when an affirmative or negative
vote by the mayor constitutes a majority of three votes. An abstention shall
not be counted as either an affirmative or negative vote.
SECTION
2.22.
Ordinance form; procedures.
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 Leary, Georgia," and every ordinance
shall so begin.
(b) An ordinance may be introduced by a council member and may 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 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each council member 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.
(b) An ordinance may be introduced by a council member and may 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 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each council member 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.
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.
Emergencies.
(a)
To meet a public emergency affecting life, health, property, or public peace,
the city council may convene by call of the mayor or three council members 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.
(b) 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, specific terms.
(c) 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 three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify.
(d) Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent re-enactment 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.
(e) 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 O.C.G.A. Section 50-14-1 or other applicable laws as are or may hereafter be enacted.
(b) 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, specific terms.
(c) 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 three council members shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify.
(d) Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent re-enactment 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.
(e) 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 O.C.G.A. Section 50-14-1 or other applicable laws as are or may hereafter be enacted.
SECTION
2.25.
Code of technical regulations.
Code 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 Section 2.22 (b) 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 2.26 of this
charter.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
(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.
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 city
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 compilation shall be known and cited officially as "The Code of the City of Leary, Georgia." Copies of the code 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.
(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 compilation shall be known and cited officially as "The Code of the City of Leary, Georgia." Copies of the code 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.
Chief executive officer.
Chief executive officer.
The
mayor shall be the chief executive officer of this city. The mayor shall
possess all of the executive and administrative power granted to the city under
the constitution and laws of the State of Georgia, and all the executive powers
contained in this charter.
SECTION
2.28.
Powers and duty of mayor.
Powers and duty of mayor.
As
the chief executive of this city, the mayor shall:
(1)
See that all laws and ordinances of the city are faithfully
executed;
(2)
Exercise supervision over all executive and administrative work of the city and
over all employees and departments of the city and provide for the coordination
of administrative activities;
(3)
Prepare and submit to the city council a recommended operating budget and
capital budget;
(4)
Submit to the city council, at least once a year, a statement covering the
financial conditions of the city, and, from time to time, such other information
as the city council may request;
(5)
Recommend to the city council such measures relative to the affairs of the city,
improvement of the government, and promotion of the welfare of its inhabitants
as the mayor may deem expedient;
(6)
Call special meetings of the city council as provided for in Section 2.19 (b) of
this charter;
(7)
Preside at all meetings of the city council and vote only in the event of a tie
or when an affirmative or negative vote by the mayor constitutes a majority of
three votes;
(8)
Provide for an annual audit of all accounts of the city;
(9)
Require any department or agency of the city to submit written reports whenever
the mayor deems it expedient; and
(10)
Perform such other duties as may be required by law, this charter, or by
ordinance.
SECTION
2.29.
Mayor pro-tem.
Mayor pro-tem.
By
a majority vote, the city council shall elect a council member to serve as mayor
pro-tem. In the mayor's absence, the mayor pro-tem shall preside at meetings of
the city council and assume the duties and powers of the mayor upon the mayor's
physical or mental disability; provided that the mayor pro-tem shall vote as a
member of the council at all times when serving as herein provided.
ARTICLE
III
ADMINISTRATIVE AFFAIRS
ADMINISTRATIVE AFFAIRS
SECTION
3.10.
Administrative and service departments.
Administrative and service departments.
(a)
Except as otherwise provided in this charter, the city council, by ordinance,
shall prescribe the functions or duties of, and establish, abolish, alter,
consolidate, or leave vacant all non-elective offices, positions of employment,
departments, and agencies of the city as necessary for the proper administration
of the affairs and government of the
city.
(b) Except as otherwise provided by this charter or by law, the directors of city 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.
(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 mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency.
(e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers, directors and department heads shall be employees at-will and subject to removal or suspension at any time by the mayor, unless otherwise provided by law or ordinance.
(b) Except as otherwise provided by this charter or by law, the directors of city 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.
(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 mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency.
(e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers, directors and department heads shall be employees at-will and subject to removal or suspension at any time by the mayor, unless otherwise provided by law or ordinance.
SECTION
3.11.
Boards, commissions, and authorities.
Boards, commissions, and authorities.
(a)
The city council shall create, by ordinance, such boards, commissions, and
authorities to fulfill any investigative, quasi-judicial, or quasi-legislative
function the city council deems necessary and shall, by ordinance, 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 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 or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor.
(g) All board members serve at-will and may be removed at any time by a vote of three members 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.
(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 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 or herself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor.
(g) All board members serve at-will and may be removed at any time by a vote of three members 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.
City attorney.
The
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 city 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.
SECTION
3.13.
City clerk.
City clerk.
The
city council shall appoint a city clerk who shall not be a council member. The
city clerk shall be custodian of the official city seal and city records;
maintain city council records required by this charter; and perform such other
duties as may be required by the city council.
SECTION
3.14.
Personnel policies.
Personnel policies.
All
employees serve at-will and may be removed from office at any time, unless
otherwise provided by ordinance.
ARTICLE
IV
JUDICIAL BRANCH
JUDICIAL BRANCH
SECTION
4.10.
Creation; name.
Creation; name.
There
shall be a court to be known as the Municipal Court of the City of Leary,
Georgia.
SECTION
4.11.
Judges.
Judges.
(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 of the municipal court unless that person shall have attained the age of 21 years and shall possess all the qualifications required by law. All judges shall be appointed by the 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 city council, unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given before 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 journal required in Section 2.20 of this charter.
(b) No person shall be qualified or eligible to serve as a judge of the municipal court unless that person shall have attained the age of 21 years and shall possess all the qualifications required by law. All judges shall be appointed by the 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 city council, unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given before 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 journal required in Section 2.20 of this charter.
SECTION
4.12.
Convening.
Convening.
The
municipal court shall be convened at regular intervals as provided by
ordinance.
SECTION
4.13.
Jurisdiction; powers.
Jurisdiction; powers.
(a)
The municipal court shall 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 10 days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00, imprisonment for 180 days, or 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 recognizance 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 shall be 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 affixed 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 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.
(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 10 days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00, imprisonment for 180 days, or 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 recognizance 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 shall be 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 affixed 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 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.
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 Calhoun
County, Georgia, under the laws of the State of Georgia regulating the granting
and issuance of writs of certiorari.
SECTION
4.15.
Rules for court.
Rules for court.
With
the approval of the city council, the judge or judges of the municipal court
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 total 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 said
proceedings.
ARTICLE
V
ELECTIONS
ELECTIONS
SECTION
5.10.
Applicability of general law.
Applicability of general law.
All
elections shall be held and conducted in accordance with Chapter 2 of Title 21
of the Official Code of Georgia Annotated, "the Georgia Election Code," as
amended.
SECTION
5.11.
Regular elections; time for holding.
Regular elections; time for holding.
(a)
Beginning in 2011, and every four years thereafter, on the Tuesday following the
first Monday in November, there shall be an election for mayor and all four city
council members. The terms of office shall begin at the organization meeting as
provided for in Section 2.18 of this
charter.
(b) The mayor and council members who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
(b) The mayor and council members who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
SECTION
5.12.
Nonpartisan election.
Nonpartisan election.
Political
parties shall not conduct primaries for city offices, and all names of all
candidates for city offices shall be listed without party
designation.
SECTION
5.13.
Election by plurality.
Election by plurality.
The
person receiving a plurality of the votes cast in the city election for the
office of mayor shall be elected. The persons receiving the highest number of
votes for city council shall be elected.
SECTION
5.14.
Special elections; vacancies.
Special elections; vacancies.
In
the event that the office of mayor or council member shall become vacant, as
provided in Section 2.12 of this charter, the city council or those remaining
shall appoint a successor for the remainder of the term if such vacancy occurs
within six months of the expiration of the term of that office; provided, if
such vacancy occurs with more than six months remaining before the expiration of
the term of that office, the city council shall order a special election to fill
the balance of the unexpired term of such official. In all other respects, the
special election shall be held and conducted in accordance with Chapter 2 of
Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code,"
as amended.
SECTION
5.15.
Other provisions.
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 Official Code of Georgia
Annotated, the "Georgia Election Code," as amended.
SECTION
5.16.
Removal of officers.
Removal of officers.
(a)
The mayor, council members, or other appointed officers as provided for in this
charter shall be removed from office for any one or more of the causes provided
in Title 45 of the Official Code of Georgia Annotated, or such other applicable
laws as are or may hereafter be
enacted.
(b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(b) Removal of any 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 10 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 impartial panel to the
Superior Court of Calhoun County, Georgia. 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 Calhoun County, Georgia, following a
hearing on a complaint seeking such removal brought by any resident of the City
of Leary, Georgia.
ARTICLE
VI
FINANCE
FINANCE
SECTION
6.10.
Property tax.
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.
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.
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.
Regulatory fees; permits.
The
city council, by ordinance, shall have the power to require businesses or
practitioners doing business within this city to obtain a permit for such
activity from the city and pay a reasonable regulatory fee for such permit as
provided by general law. Such fees shall reflect the total cost to the city for
regulating the activity and, if unpaid, shall be collected as provided in
Section 6.18 of this charter.
SECTION
6.14.
Franchise.
Franchise.
(a)
The city council shall have the power to grant franchise 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 thereof. The city
council shall provide for the registration of all franchises with the city clerk
in a registration book kept by the 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 telecommunication companies, gas companies, transportation companies, and other similar organizations.
(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 telecommunication companies, gas companies, transportation companies, and other similar organizations.
SECTION
6.15.
Service charges.
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.
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.
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.
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 the 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.
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 said issue is undertaken.
SECTION
6.20.
Revenue bonds.
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.
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.
SECTION
6.22.
Lease-purchase contracts.
Lease-purchase contracts.
The
city may enter into multi-year 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 such 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 Official Code of Georgia Annotated or other such applicable laws
as are or may hereafter be enacted.
SECTION
6.23.
Fiscal year.
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 year and every office, department, agency, and activity of the city
government.
SECTION
6.24.
Preparation of budgets.
Preparation of budgets.
The
city council shall provide by ordinance for 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.
Submission of operating budget to city council.
Submission of operating budget to city council.
On
or before a date fixed by the city council, but not later than 60 days prior to
the beginning of each fiscal year, the mayor 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 mayor 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 and
capital budgets 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.
Action by city council on budget.
(a)
The city council may amend the operating budget proposed by the mayor, except
that the budget 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, and 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 January 1 of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the 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 allotment thereof, to which it is chargeable.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than January 1 of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the 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 allotment thereof, to which it is chargeable.
SECTION
6.27.
Tax levies.
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 appropriation.
Changes in appropriation.
The
city council, by ordinance, may make changes in the appropriations contained in
the current operating budget at any regular meeting, or special or emergency
meeting called for such purpose, but any additional appropriations may be made
only from an existing unexpended surplus.
SECTION
6.29.
Independent audit.
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
6.30.
Contracting procedures.
Contracting procedures.
(a)
No contract with the city shall be binding on the city unless:
(1)
It is in writing;
(2)
It is drawn by or submitted and reviewed by the city attorney and, as a matter
of course, is signed by the city attorney to indicate such drafting review; and
(3)
It is made or authorized by the city council and such approval is entered in the
city council journal of proceedings pursuant to Section 2.21 of this
charter.
(b)
If the mayor is unable to execute contracts due to his or her absentee or
disability, the mayor pro-tem shall sign such contract pursuant to the terms of
Section 2.29 of this charter.
SECTION
6.31.
Centralized purchasing.
Centralized purchasing.
The
city council shall, by ordinance, prescribe procedures for a system of
centralized purchasing for the city.
SECTION
6.32.
Sale and lease of city property.
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 mayor 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 mayor 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 set out by ordinance. 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.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor 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 mayor 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 set out by ordinance. 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
MISCELLANEOUS
MISCELLANEOUS
SECTION
7.10.
Bonds for officials.
Bonds for officials.
The
officers and employees of this city, both elected and appointive, 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.
Existing ordinances, resolutions, rules, and regulations.
All
ordinances, resolutions, rules and regulations now in force in the city and not
inconsistent or in conflict with this charter are hereby declared valid and of
full effect and force until amended or repealed by the city
council.
SECTION
7.12.
Existing personnel and officers.
Existing personnel and officers.
Except
as specifically provided otherwise by this charter, all personnel and officers
of the city and their rights, privileges, and powers shall continue beyond the
time this charter takes effect for a period of 180 days before or during which
the existing city council shall pass a transition ordinance detailing the
changes in personnel and appointed officers required or desired and arranging
such titles, rights, privileges, and powers as may be required or desired to
allow a reasonable transition.
SECTION
7.13.
Pending matters.
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
7.14.
Construction.
Construction.
(a)
Section captions in this charter are informative only and are not to 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.
(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
7.15.
Severability.
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
7.16.
Specific repealer.
Specific repealer.
An
Act incorporating the City of Leary, Georgia, in the County of Calhoun, State of
Georgia, approved in 1975 (Ga. L. 1975, p. 4401), as amended, is repealed in its
entirety and all amendatory Acts thereto are likewise repealed in their
entirety.
SECTION
7.17.
Effective date.
Effective date.
This
charter shall be effective upon pre-clearance by the United States Department of
Justice or a determination that pre-clearance is not required.
SECTION
2.
It
shall be duty of the mayor and council of the City of Leary, Georgia, through
their legal counsel, to submit this Act for approval pursuant to Section 5 of
the federal Voting Rights Act of 1965, as amended, within 60 days after its
approval by the Governor or its becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.