10 LC
14 0226
House
Bill 1403
By:
Representatives Jones of the
46th
and Jerguson of the
22nd
A
BILL TO BE ENTITLED
AN ACT
To
amend an Act creating a new charter for the City of Mountain Park, approved
March 30, 1982 (Ga. L. 1982, p. 3648), as amended, so as to change certain
provisions relating to the number of councilmen; to clarify the manner by which
a quorum is defined; to clarify the number of votes required for a motion,
resolution, or ordinance to pass; to amend the manner in which vacancies in
office are filled; to provide for related matters; to state legislative intent;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating a new charter for the City of Mountain Park, approved March 30,
1982 (Ga. L. 1982, p. 3648), as amended, is amended by revising Section 2.10 as
follows:
"Sec.
2.10.
Creation and Composition;
Number.
The
corporate powers and the municipal government of the City of Mountain Park shall
be vested in a mayor and city council. There shall be five members of the city
council known as councilmen. The mayor and councilmen shall be elected for the
terms of office, at the times, and in the manner provided by general law for the
election of municipal officers."
SECTION
2.
Said
Act is further amended by revising subsection (a) of Section 2.12 as
follows:
"(a)
The office of mayor or councilman shall become vacant upon the incumbent's
death, resignation, or removal from office as provided by Chapter 2 of Article
VI of this charter. The office of mayor or councilman shall also be deemed
vacant if the regular election called to fill such office fails to fill such
seat; such seat shall be deemed vacant at the beginning of the term for which
the regular election was called."
SECTION
3.
Said
Act is further amended by revising Section 2.33 as follows:
"Sec.
2.33.
Quorum; Voting.
The
mayor, or the mayor pro tempore during the absence or disability of the mayor,
and three other councilmen shall constitute a quorum and shall be authorized to
transact business of the city council. Voting on the adoption of ordinances
shall be taken by voice vote and the yeas and nays shall be recorded in the
journal, but any member of the city council shall have the right to request a
roll-call vote. The affirmative vote of three councilmen shall be required for
the adoption of an ordinance, resolution, or motion except when the mayor votes
to break a tie, and in that event the affirmative vote of the mayor and two
councilmen shall be sufficient for the adoption of an ordinance, resolution, or
motion."
SECTION
4.
Said
Act is further amended by revising Section 2.41 as follows:
"Sec.
2.41.
Emergency
Ordinances.
To
meet a public emergency affecting life, health, property, or public peace, the
city council may adopt one or more emergency ordinances, but such ordinances 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 as provided by law. An emergency ordinance shall be introduced in the
form and manner 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
it 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. It
shall become effective upon adoption or at such later time as it may specify.
Every emergency ordinance shall automatically stand repealed 60 days following
the date upon which it was adopted, but this repeal 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."
SECTION
5.
Said
Act is further amended by revising Section 4.37 as follows:
"Sec.
4.37.
Capital Improvements
Budget.
(a)
On or before the 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 capital improvements budget with the mayor's recommendations as to
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 program and proposed means of financing. 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 improvements budget, except to meet a public emergency threatening
the lives, health, or property of the inhabitants of the city.
(b)
The city council shall adopt the final capital improvements budget for the
ensuing fiscal year within 60 days after the proposed budget is submitted to the
council by the mayor. No appropriation provided for in the capital improvements
budget shall lapse until the purpose for which the appropriation was made shall
have been accomplished or abandoned, but the mayor may submit amendments,
accompanied by the mayor's recommendations thereon, to the capital improvements
budget at any time during the fiscal year. Any such amendments to the capital
improvements budget shall become effective only upon the affirmative vote of the
city council."
SECTION
6.
Said
Act is further amended by revising Chapter 1 of Article VI as
follows:
"CHAPTER
1.
GENERAL
PROVISIONS.
Sec.
6.10.
Applicability of General
Law.
All
primaries and elections shall be held and conducted in accordance with the
Georgia Election Code, Chapter 2 of Title 21 of the O.C.G.A., as now or
hereafter amended.
Section
6.11.
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 two councilmen at one election and at
alternating regular elections 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.
Section
6.12.
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
6.13.
Election by
Plurality.
The
person receiving a plurality of the votes cast for any city office shall be
elected.
Section
6.14.
Other Provisions.
Except
as otherwise provided by this charter, the city council shall, by ordinance,
prescribe such rules and regulations it deems appropriate to fulfill any options
and duties under the Georgia Election Code."
SECTION
7.
The
General Assembly hereby finds that there presently exist two vacant seats on the
Mountain Park City Council. For purposes of this Act, the two currently
existing vacant or unfilled seats shall be deemed the councilmen seats which are
abolished by this Act. This Act shall not affect the right to office of the
remaining five councilmen, who shall be entitled to serve the terms for which
they were elected. Otherwise, the public welfare of the citizens of the City of
Mountain Park demanding, this Act shall become effective upon its approval by
the Governor or upon its becoming law without such approval.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.