Bill Text: GA HB1451 | 2009-2010 | Regular Session | Introduced
Bill Title: Varnell, City of; change charter provisions
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2010-07-01 - Effective Date [HB1451 Detail]
Download: Georgia-2009-HB1451-Introduced.html
10 LC
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House
Bill 1451 (AS PASSED HOUSE AND SENATE)
By:
Representatives Dickson of the
6th,
Williams of the
4th,
and Weldon of the
3rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing a new charter for the City of Varnell, approved
May 4, 1992 (Ga. L. 1992, p. 6670), as amended, so as to
change the corporate boundaries of said city; to provide for election by
majority vote for mayor and councilmembers; to change provisions relating to
cosigning checks by the mayor; to change provisions relating to the city clerk,
city treasurer, city administrator, municipal court clerk, police chief, and
municipal court judge; to eliminate the position of city marshal; to provide for
additional positions; to revise provisions relating to rules and regulations; to
provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act providing a new charter for the City of Varnell, approved May 4, 1992
(Ga. L. 1992, p. 6670), as amended, is amended by adding a new
subsection to Section 1.11 to read as follows:
"(c)
In addition to the territory included within the corporate boundaries of the
City of Varnell pursuant to subsections (a) and (b) of this section, the
following described territory shall also be included within the corporate
boundaries of the City of Varnell:
All
of the right-of-way of State Route 71 from its intersection with Maple Grove
Road south to its intersection with Broadacre Road; all of the right-of-way of
Prater's Mill Road from the bridge where existing corporate municipal boundary
ends east to its intersection with Crow Road; additionally the following parcel
numbers as per the tax registration system and map of the Whitfield County Tax
Assessor's office: 11-192-02-019; 11-263-01-058; 11-263-01-068; 11-263-01-037;
11-263-01-016; 11-263-01-059; 11-193-02-007; 11-263-01-020; 11-189-05-007;
11-229-01-003; 11-156-04-010; 11-229-03-030; 11-277-01-008; 11-265-01-005;
11-173-20-000; 11-192-02-018; 11-209-07-000; 11-209-09-000; 11-209-02-000;
11-155-01-006; 11-155-01-009; 11-156-05-000; 11-169 and including all of the
right-of-way of Nob North Drive in the Highland Forest Subdivision, Phase 5;
11-170-02-000; 11-190-02-030; 11-229-03-026; 11-264-06-029; 11-190-02-063;
11-156-02-002; 11-190-02-199; 11-277-01-039; 11-263-01-024; 11-173-05-000;
11-190-02-126; 11-190-02-216; 11-265-01-035; 11-156-02-008; 11-207-01-000;
11-189-02-103; 11-264-06-027; 11-263-01-084; 11-190-02-092; 11-190-05-000;
11-190-02-206; 11-190-02-036; 11-190-02-037; 11-228-01-005; 11-264-02-021;
11-264-08-118; 11-189-05-005; 11-173-11-000; 11-281-07-000; 11-277-02-000;
11-264-06-021; 11-191-02-014; 11-261-09-000 and
11-190-02-016."
SECTION
2.
Said
Act is further amended by striking Section 2.14 and inserting in lieu thereof a
new section to read as follows:
"SECTION
2.14.
Election by majority.
Election by majority.
Persons
receiving a majority of the votes cast for either the mayor or councilmember
shall be elected."
SECTION
3.
Said
Act is further amended by striking paragraph (4) of Section 3.22 and inserting
in lieu thereof a new paragraph to read as follows:
"(4)
Cosign or designate the city administrator to cosign in his or her stead, along
with an individual so designated by majority vote of the city council, all
checks for the payment of money, after payment of unpaid invoices, bills, and
vouchers is approved by the mayor or his or her city administrator designee and
city council and approval for payment has been entered upon the minutes of the
city;"
SECTION
4.
Said
Act is further amended by striking Sections 4.13 through 4.19 and inserting in
lieu thereof new sections to read as follows:
"SECTION
4.13.
City clerk.
City clerk.
The
city council shall appoint a city clerk who shall not be a councilmember. The
city clerk shall be custodian of the official city seal, maintain city council
records required by this charter, and perform such other duties as may be
required by the city council. The city council may appoint an assistant city
clerk who shall serve in the absence of the city clerk to perform such duties as
he or she may be directed. The city clerk shall be appointed at the
organizational meeting in January for a period of two years unless an employment
contract for a greater length of time has been consummated. Vacancies may be
filled by immediate action of the city council for the unexpired term of
appointment, if applicable, or if occurring prior to the expiration of any
contract term for the period until the next organizational meeting of the mayor
and city council.
SECTION
4.14.
City treasurer.
City treasurer.
The
city council shall appoint a city treasurer to perform the duties of a treasurer
and fiscal officer. The city council may by ordinance abolish the position of
city treasurer and provide that the duties of the city treasurer shall be
performed by the city administrator. The city treasurer shall be appointed at
the organizational meeting in January for a period of two years unless an
employment contract for a greater length of time has been consummated. Vacancies
may be filled by immediate action of the city council for the unexpired term of
appointment, if applicable, or if occurring prior to the expiration of any
contract term for the period until the next organizational meeting of the mayor
and city council.
SECTION
4.15.
City administrator.
City administrator.
The
mayor and council shall appoint a city administrator and provide by ordinance
for the powers, duties, appointment, qualifications, and compensation of the
city administrator. The city administrator shall be appointed at the
organizational meeting in January for a period of two years unless an employment
contract for a greater length of time has been
consummated.
Vacancies may be filled by immediate action of the city council for the unexpired term of appointment, if applicable, or if occurring prior to the expiration of any contract term for the period until the next organizational meeting of the mayor and city council. Each place in the charter where the term "city manager" occurs shall be deemed hereafter to mean and refer to "city administrator."
Vacancies may be filled by immediate action of the city council for the unexpired term of appointment, if applicable, or if occurring prior to the expiration of any contract term for the period until the next organizational meeting of the mayor and city council. Each place in the charter where the term "city manager" occurs shall be deemed hereafter to mean and refer to "city administrator."
SECTION
4.16.
Municipal court clerk.
Municipal court clerk.
The
mayor and council, acting in their sole discretion, are authorized to create the
position of municipal court clerk and to provide by ordinance for the powers,
duties, appointment, qualifications, and compensation of the municipal court
clerk. The city clerk shall serve as ex officio municipal court clerk in the
absence of the municipal court clerk. The municipal court clerk shall be
appointed at the organizational meeting in January for a period of two years
unless an employment contract for a greater length of time has been consummated.
Vacancies may be filled by immediate action of the city council for the
unexpired term of appointment, if applicable, or if occurring prior to the
expiration of any contract term for the period until the next organizational
meeting of the mayor and city council.
SECTION
4.17.
Police chief.
Police chief.
The
mayor and council, acting in their sole discretion, are authorized to create the
position of police chief and to provide by ordinance for the powers, duties,
appointment, qualifications, and compensation of the police chief. The police
chief shall be appointed at the organizational meeting in January for a period
of two years unless an employment contract for a greater length of time has been
consummated. Vacancies may be filled by immediate action of the city council
for the unexpired term of appointment, if applicable, or if occurring prior to
the expiration of any contract term for the period until the next organizational
meeting of the mayor and city council.
SECTION
4.18.
Parks and recreation director.
Parks and recreation director.
The
mayor and council, acting in their sole discretion, are authorized to create the
position of parks and recreation director and to provide by ordinance for the
powers, duties, appointment, qualifications, and compensation of the parks and
recreation director. The parks and recreation director shall be appointed at
the organizational meeting in January for a period of two years unless an
employment contract for a greater length of time has been consummated.
Vacancies may be filled by immediate action of the city council for the
unexpired term of appointment, if applicable, or if occurring prior to the
expiration of any contract term for the period until the next organizational
meeting of the mayor and city council.
SECTION
4.19.
Public works director.
Public works director.
The
mayor and council, acting in their sole discretion, are authorized to create the
position of public works director and to provide by ordinance for the powers,
duties, appointment, qualifications, and compensation of the public works
director. The public works director shall be appointed at the organizational
meeting in January for a period of two years unless an employment contract for a
greater length of time has been consummated. Vacancies may be filled by
immediate action of the city council for the unexpired term of appointment, if
applicable, or if occurring prior to the expiration of any contract term for the
period until the next organizational meeting of the mayor and city
council.
SECTION
4.20.
Rules and regulations.
Rules and regulations.
The
city council shall adopt rules and regulations consistent with this charter
concerning:
(1)
The method of employee selection and probationary periods of
employment;
(2)
The administration of a position classification and pay plan, methods of
promotion and applications of service ratings thereto, and transfer of employees
within the classification plan;
(3)
Hours of work, vacation, sick leave, and other leaves of absence, overtime pay,
and the order and manner in which layoffs shall be effected;
(4)
Such dismissal hearings as due process may require; and
(5)
Such other personnel notices as may be necessary to provide for adequate and
systematic handling of personnel affairs.
SECTION
4.21.
Municipal court clerk; oath.
Municipal court clerk; oath.
The
municipal court clerk will be administered the same oath as the municipal judge
as outlined in subsection (e) of Section 5.11 of this charter except that the
term "clerk" shall be substituted for the term "judge" in such
oath."
SECTION
5.
Said
Act is further amended by striking subsections (a) and (b) of Section 5.11 and
inserting in lieu thereof new subsections to read as follows:
"(a)
The municipal court shall be presided over by a chief judge and such other
part-time, full-time, or stand-by judges as shall be provided by ordinance. The
method of selection and terms of other part-time, full-time, or stand-by judges
shall be provided by ordinance.
(b)
No person shall be qualified or eligible to serve as a judge on the municipal
court unless he or she shall have attained the age of 21 years and shall be a
member of the State Bar of Georgia. All judges shall be appointed by the city
council. The chief judge shall be appointed at the first meeting in January for
a period of one year unless an employment contract for a greater length of time
has been consummated. The other part-time, full-time, or stand-by judges shall
serve until they resign or are removed for cause by the city
council."
SECTION
6.
This
Act shall become effective on July 1, 2010.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.