Bill Text: GA HB1505 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Waco, City of; provide new charter
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-06-02 - Effective Date [HB1505 Detail]
Download: Georgia-2009-HB1505-Comm_Sub.html
10 LC
34 2762S
The
Senate State and Local Governmental Operations Committee offered the following
substitute to HB 1505:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a new charter for the City of Waco; to provide for incorporation,
boundaries, and powers of the city within the County of Haralson; to provide for
a governing authority of such city and the powers, duties, authority, election,
terms, method of filling vacancies, compensation, qualifications, prohibitions,
and removal from office relative to members of such governing authority; to
provide for inquiries and investigations; to provide for organization and
procedures; to provide for ordinances and codes; to provide for the office of
mayor and certain duties and powers relative to the office of mayor; to provide
for administrative responsibilities; to provide for boards, commissions, and
authorities; to provide for a city attorney, a city clerk, and other personnel;
to provide for rules and regulations; to provide for practices and procedures;
to provide for taxation and fees; to provide for franchises, service charges,
and assessments; to provide for bonded and other indebtedness; to provide for
accounting and budgeting; to provide for purchases; to provide for the sale of
property; to provide for bonds for officials; to provide for penalties; to
provide for definitions and construction; to provide for other matters relative
to the foregoing; to repeal a specific Act; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I
INCORPORATION AND POWERS
SECTION 1.01.
Name.
INCORPORATION AND POWERS
SECTION 1.01.
Name.
This
city and the inhabitants thereof are reincorporated by the enactment of this
charter and are hereby constituted and declared a body politic and corporate
under the name and style "Waco, Georgia", and by that name shall have perpetual
succession.
SECTION
1.02.
Corporate boundaries.
Corporate boundaries.
(a)
The boundaries of this city shall be those existing on the effective date of the
adoption of this charter with such alterations as may be made from time to time
in the manner provided by law. The boundaries of this city at all times shall
be shown on a map, a written description, or any combination thereof, to be
retained permanently in the office of the Clerk of the City of Waco and to be
designated, as the case may be: "Official Map of the Corporate Limits of the
City of Waco, Georgia." Photographic, typed, or other copies of such map or
description certified by the City Clerk shall be admitted as evidence in all
courts and shall have the same force and effect as with the original map or
description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION
1.03.
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 the State of Georgia as fully and completely as
though they were specifically enumerated in this charter. This city shall have
all the powers of self-government not otherwise prohibited by this charter or by
general law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
SECTION
1.04.
Examples of powers.
Examples of powers.
The
powers of the city shall include, but are not limited to, the
power:
(1)
Animal regulations. To regulate and license or to prohibit the keeping or
running at-large of animals and fowl, and to provide for the impoundment of same
if in violation of any ordinance or lawful order; to provide for the disposition
by sale, gift, or humane destruction of animals and fowl when not redeemed as
provided by ordinance; and to provide punishment for violation of ordinances
enacted hereunder;
(2)
Appropriations and expenditures. To make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes
authorized by this charter and for any purpose for which a municipality is
authorized by the laws of the State of Georgia; and to provide for the payment
of expenses of the city;
(3)
Building regulation. To regulate and to license the erection and construction
of buildings and all other structures; to adopt building, housing, plumbing,
electrical, gas, and heating and air conditioning codes; and to regulate all
housing and building trades;
(4)
Business regulation and taxation. To levy and to provide for the collection of
regulatory fees and taxes on privileges, occupations, trades, and professions as
authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or
may hereafter be enacted; to permit and regulate the same; to provide for the
manner and method of payment of such regulatory fees and taxes; and to revoke
such permits after due process for failure to pay any city taxes or
fees;
(5)
Condemnation. To condemn property, inside or outside the corporate limits of
the city, for present or future use and for any corporate purpose deemed
necessary by the governing authority, utilizing procedures enumerated in Title
22 of the O.C.G.A., or such other applicable laws as are 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 without 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 this state through the preservation and
improvement of air quality, the restoration and maintenance of water resources,
the control of erosion and sedimentation, the management of solid and hazardous
waste, and other necessary actions for the protection of the
environment;
(9)
Fire regulations. To fix and establish fire limits and from time to time to
extend, enlarge, or restrict the same; to prescribe fire safety regulations not
inconsistent with general law, relating to both fire prevention and detection
and to fire fighting; and to prescribe penalties and punishment for violations
thereof;
(10)
Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash
collection and disposal and other sanitary service charge, tax, or fee for such
services as may be necessary in the operation of the city from all individuals,
firms, and corporations residing in or doing business therein benefiting from
such services; to enforce the payment of such charges, taxes, or fees; and to
provide for the manner and method of collecting such service
charges;
(11)
General health, safety, and welfare. To define, regulate, and prohibit any act,
practice, conduct, or use of property which is detrimental to health,
sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and
to provide for the enforcement of such standards;
(12)
Gifts. To accept or refuse gifts, donations, bequests, or grants from any
source for any purpose related to powers and duties of the city and the general
welfare of its citizens, on such terms and conditions as the donor or grantor
may impose;
(13)
Health and sanitation. To prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(14)
Jail sentences. To provide that persons given jail sentences in the 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, and hold in trust
or otherwise, any real, personal, or mixed property, in fee simple or lesser
interest, inside or outside the property limits of the city;
(19)
Municipal property protection. To provide for the preservation and protection
of property and equipment of the city, and the administration and use of same by
the public; and to prescribe penalties and punishment for violations
thereof;
(20)
Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and
dispose of public utilities, including, but not limited to, a system of
waterworks, sewers and drains, sewage disposal, gas works, electric light
plants, cable television and other telecommunications, transportation
facilities, public airports, and any other public utility; and to fix the taxes,
charges, rates, fares, fees, assessments, regulations, and penalties, and to
provide for the withdrawal of service for refusal or failure to pay the same;
(21)
Nuisance. To define a nuisance and provide for its abatement whether on public
or private property;
(22)
Penalties. To provide penalties for violation of any ordinances adopted
pursuant to the authority of this charter and the laws of the State of
Georgia;
(23)
Planning and zoning. To provide comprehensive city planning for development by
zoning; and to provide subdivision regulation and the like as the city council
deems necessary and reasonable to insure a safe, healthy, and aesthetically
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 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 Title 22 of
the O.C.G.A., 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 and economically feasible;
(29)
Public utilities and services. To grant franchises or make contracts for, or
impose taxes on public utilities and public service companies; and to prescribe
the rates, fares, regulations, and standards and conditions of service
applicable to the service to be provided by the franchise grantee or contractor,
insofar as not in conflict with valid regulations of the Georgia Public Service
Commission;
(30)
Regulation of roadside areas. To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings,
and any and all other structures or obstructions upon or adjacent to the rights
of way of streets and roads, within the corporate limits of the city; and to
prescribe penalties and punishment for violation of such
ordinances;
(31)
Retirement. To provide and maintain a retirement plan for officers and
employees of the city;
(32)
Roadways. To lay out, open, extend, widen, narrow, establish or change the
grade of, abandon or close, construct, pave, curb, gutter, adorn with shade
trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and
light the roads, alleys, and walkways within the corporate limits of the city;
and to grant franchises and rights of way throughout the streets and roads, and
over the bridges and viaducts for the use of public utilities; and to require
real estate owners to repair and maintain in a safe condition the sidewalks
adjoining their lots or lands, and to impose penalties for failure to do
so;
(33)
Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the
acquiring, constructing, equipping, operating, maintaining, and extending of a
sewage disposal plant and sewerage system, and to levy on those to whom sewers
and sewerage systems are made available a sewer service fee, charge, or sewer
tax for the availability or use of the sewers; to provide for the manner and
method of collecting such service charges and for enforcing payment of the same;
and to charge, impose, and collect a sewer connection fee or fees to those
connected with the system;
(34)
Solid waste disposal. To provide for the collection and disposal of garbage,
rubbish, and refuse, and to regulate the collection and disposal of garbage,
rubbish, and refuse by others; and to provide for the separate collection of
glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to
provide for the sale of such items;
(35)
Special areas of public regulation. To regulate or prohibit junk dealers, pawn
shops, the manufacture, sale, or transportation of intoxicating liquors, and the
use and sale of firearms in accordance with state law and the Second Amendment
to the United States Constitution; to regulate the transportation, storage, and
use of combustible, explosive, and inflammable materials, the use of lighting
and heating equipment, and any other business or situation which may be
dangerous to persons or property; to regulate and control the conduct of
peddlers and itinerant traders, theatrical performances, exhibitions, and shows
of any kind, by taxation or otherwise; and to license, tax, regulate, or
prohibit professional fortunetelling, palmistry, adult bookstores, adult
entertainment establishments, 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)
Taxicabs and other public transportation. To regulate and license vehicles
operated for hire in the city; to limit the number of such vehicles; to require
the operators thereof to be licensed; to require public liability insurance on
such vehicles in the amounts to be prescribed by ordinance; and to regulate the
parking of such vehicles;
(40)
Urban redevelopment. To organize and operate an urban redevelopment program;
and
(41)
Other powers. To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or protect the
safety, health, peace, security, good order, comfort, convenience, or general
welfare of the city and its inhabitants; and to exercise all implied powers
necessary or desirable to carry into execution all powers granted in this
charter as fully and completely as if such powers were fully stated 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
1.05.
Exercise of powers.
Exercise of powers.
All
powers, functions, rights, privileges, and immunities of the city, its officers,
agencies, or employees shall be carried into execution as provided by this
charter. If this charter makes no provision, such shall be carried into
execution as provided by ordinance or as provided by pertinent laws of the State
of Georgia.
ARTICLE
II
GOVERNMENT STRUCTURE
GENERALLY
LEGISLATIVE BRANCH
A. Creation.
SECTION 2.01.
City council creation; number; election.
GOVERNMENT STRUCTURE
GENERALLY
LEGISLATIVE BRANCH
A. Creation.
SECTION 2.01.
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 councilmembers. The councilmembers shall be
elected by city-wide, at large elections. Each duly elected councilmember will
occupy a seat on the council to be designated as Post One, Post Two, Post Three,
and Post Four, respectively. The city council established shall in all respects
be a successor to and continuation of the governing authority under prior law.
The mayor and councilmembers shall be elected in the manner provided by general
law and this charter.
B.
Terms and Qualifications for
Office.
SECTION 2.02.
City council terms and qualifications for office.
SECTION 2.02.
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 a councilmember unless that person shall be a citizen of the United
States of America; have attained the age of 21 years; and have established his
or her domicile within the city, so as to be a legal resident of the city, for
the 12 consecutive months prior to the first day of the period of time set for
qualification as a candidate for the office of councilmember. A duly elected
councilmember shall continue to reside within the city during that individual's
period of service and shall continue to be registered and qualified to vote in
municipal elections of this city.
C.
Vacancies in
Office.
SECTION 2.03.
Vacancy; filling of vacancies.
SECTION 2.03.
Vacancy; filling of vacancies.
(a)
Vacancies - The office of mayor or councilmember shall become vacant upon the
occurrence of any event specified by the Constitution of the State of Georgia,
Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter
be enacted.
(b) Filling of Vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment of the city council if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 4.04 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted.
(b) Filling of Vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment of the city council if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 4.04 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or may hereafter be enacted.
D.
Compensation and
Expenses.
SECTION 2.04.
Compensation and expenses.
SECTION 2.04.
Compensation and expenses.
The
mayor and councilmembers shall receive compensation and expenses for their
services as provided by ordinance.
E.
Prohibitions.
SECTION 2.05.
Conflicts of interest; holding other offices.
SECTION 2.05.
Conflicts of interest; holding other offices.
(a)
Elected and appointed officers of the city are trustees and servants of the
residents of the city and shall act in a fiduciary capacity for the benefit of
such residents.
(b) Conflict of Interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(b) Conflict of Interest - No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1)
Engage in any business or transaction, or have a financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge of
that person's official duties or which would tend to impair the independence of
the official's judgment or action in the performance of those official
duties;
(2)
Engage in or accept private employment, or render services for private interests
when such employment or service is incompatible with the proper discharge of
that person's official duties or would tend to impair the independence of the
official's judgment or action in the performance of those official
duties;
(3)
Disclose confidential information, including information obtained at meetings
which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning
the property, government, or affairs of the governmental body by which the
official is engaged without proper legal authorization; or use such information
to advance the financial or other private interest of the official or
others;
(4)
Accept any valuable gift, as defined by state law, whether in the form of
service, loan, thing, or promise, from any person, firm, or corporation which to
the official's knowledge is interested, directly or indirectly, in any manner
whatsoever, in business dealings with the governmental body by which the
official is engaged; provided, however, that an elected official who is a
candidate for public office may accept campaign contributions and services in
connection with any such campaign;
(5)
Represent other private interests in any action or proceeding against this city
or any portion of its government; or
(6)
Vote on any contract with any business or entity in which the official has a
significant financial interest.
(c)
Disclosure - Any elected official, appointed officer, or employee who shall have
any financial interest, directly or indirectly, in any contract or matter
pending before or within any department of the city shall disclose such interest
to the city council. The mayor or any councilmember who has a financial
interest in any matter pending before the city council shall disclose such
interest and such disclosure shall be entered on the records of the city
council, and that official shall disqualify himself or herself from
participating in any decision or vote relating thereto. Any elected official,
appointed officer, or employee of any agency or political entity to which this
charter applies who shall have any financial interest, directly or indirectly,
in any contract or matter pending before or within such entity shall disclose
such interest to the governing body of such agency or
entity.
(d) Use of Public Property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts Voidable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(f) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city during the term for which that official was elected.
(g) Political Activities of Councilmember and Certain Officers and Employees -
(d) Use of Public Property - No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts Voidable and Rescindable - Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(f) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city during the term for which that official was elected.
(g) Political Activities of Councilmember and Certain Officers and Employees -
(1)
No councilmember or appointive officer of the city shall continue in such
position or employment upon qualifying as a candidate for nomination or election
to any public office. This section shall not apply to a councilmember that
qualifies as an incumbent seeking reelection to his or her seat on the
council.
(2)
No employee of the city shall continue in such employment upon election to any
public office in this city or any other public office which is inconsistent,
incompatible, or in conflict with the duties of the city employee. Such
determination shall be made by the mayor and council either immediately upon
election or at any time such conflict may arise.
(h)
Penalties for Violation -
(1)
Any city officer or employee shown to have knowingly concealed such financial
interest or knowingly violated any of the requirements of this section shall be
guilty of malfeasance in office or position and shall be deemed to have
forfeited that person's office or position.
(2)
Any officer or employee of the city who shall forfeit an office or position as
described in paragraph (1) of this subsection shall be ineligible for
appointment or election to or employment in a position in the city government
for a period of three years thereafter.
F.
Inquiries and
Investigations.
SECTION 2.06.
Inquiries and investigations.
SECTION 2.06.
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. This provision is intended to allow the council to conduct
comprehensive investigations of the city's affairs as well as the conduct of any
of its departments, offices, or agencies so as to maintain proper legislative
oversight of city government. The inquiries and investigations authorized may
only be conducted by the council, not individual councilmembers, and only for
the purposes of an official investigation.
G.
General Power and
Authority.
SECTION 2.07.
General power and authority of the city council.
SECTION 2.07.
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 government of this city.
H.
Reserved
SECTION 2.08.
Reserved.
SECTION 2.08.
Reserved.
ORGANIZATION
AND PROCEDURES
I. Meetings.
SECTION 2.09.
Organization.
I. Meetings.
SECTION 2.09.
Organization.
(a)
The city council shall hold an organizational meeting at the first regular
meeting in the first full month following the passage and adoption of this
charter; provided, however, that the mayor and councilmembers in office at the
time of adoption of this charter shall continue in office until that date. The
meeting shall be called to order by the city clerk and the oath of office shall
be administered to any and all newly elected members as follows:
"I
do solemnly swear (or affirm) that I will faithfully perform the duties of
(mayor)(councilmember) of this city and that I will support and defend the
charter thereof as well as the constitution and laws of the State of Georgia and
of the United States of America."
(b)
By a majority vote, the city council shall elect a councilmember to serve as
mayor pro tem. During the absence or physical or mental disability of the mayor
for any cause, the mayor pro tem shall be clothed with all the rights and
privileges of the mayor and shall perform the duties of the office of the mayor
so long as such absence or disability shall continue. Any such absence or
disability shall be declared by majority vote of the city council. The mayor
pro tem shall sign all contracts and ordinances in which the mayor has a
disqualifying financial interest as provided in Section 2.05 of this
charter.
SECTION
2.10.
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 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember'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 Code Section 50-14-1 of the O.C.G.A., 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 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember'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 Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
J.
Procedures.
SECTION 2.11.
Rules of procedure.
SECTION 2.11.
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 nominated and appointed by the mayor with the approval of the city council and shall serve at the pleasure of the city council. The mayor shall have the power to recommend and appoint, with the approval of the city council, new members to any committee at any time.
(b) All committees and committee chairs and officers of the city council shall be nominated and appointed by the mayor with the approval of the city council and shall serve at the pleasure of the city council. The mayor shall have the power to recommend and appoint, with the approval of the city council, new members to any committee at any time.
SECTION
2.12.
Quorum: voting.
Quorum: voting.
Three
councilmembers, or two councilmembers and the mayor, 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
councilmembers, or two councilmembers and the mayor only when the mayor has been
counted as a member for purposes of a quorum, shall be required for the adoption
of any ordinance, resolution, or motion. An abstention shall be counted as an
affirmative vote.
K.
Ordinances.
SECTION 2.13.
Ordinance form; procedures.
SECTION 2.13.
Ordinance form; procedures.
(a)
Every proposed ordinance shall 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 Waco" and every ordinance shall so
begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.15 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.15 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION
2.14.
Action requiring an ordinance.
Action requiring an ordinance.
Acts
of the city council that have the force and effect of law shall be enacted by
ordinance.
SECTION
2.15.
Emergencies, emergency ordinances, procedures, and limitations.
Emergencies, emergency ordinances, procedures, and limitations.
(a)
To meet a public emergency affecting life, health, property, or public peace,
the city council may convene on call of the mayor or two councilmembers and
promptly adopt an emergency ordinance, but such ordinance may not levy taxes;
grant, renew, or extend a franchise; regulate the rate charged by any public
utility for its services; or authorize the borrowing of money except for loans
to be repaid within 30 days. An emergency ordinance shall be introduced in the
form prescribed for ordinances generally, except that it shall be plainly
designated as an emergency ordinance and shall contain, after the enacting
clause, a declaration stating that an emergency exists, and describing the
emergency in clear and specific terms. An emergency ordinance may be adopted,
with or without amendment, or rejected at the meeting at which it is introduced,
but the affirmative vote of at least three councilmembers shall be required for
adoption. It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically stand repealed 30
days following the date upon which it was adopted, but this shall not prevent
reenactment of the ordinance in the manner specified in this section if the
emergency still exists. An emergency ordinance may also be repealed by adoption
of a repealing ordinance in the same manner specified in this section for
adoption of emergency ordinances.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., as amended, or such other applicable laws as are or may hereafter be enacted.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., as amended, or such other applicable laws as are or may hereafter be enacted.
SECTION
2.16.
Codes of technical regulations.
Codes of technical regulations.
(a)
The city council may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and requirements
governing such adopting ordinance shall be as prescribed for ordinances
generally except that:
(1)
The requirements of Section 2.17(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
2.17 of this charter.
(b)
Copies of any adopted code of technical regulations shall be made available by
the clerk for inspection by the public.
SECTION
2.17.
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
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 Waco, 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 Waco, 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.
L.
Mayor-Council Form of
Government.
SECTION 2.18.
Election of mayor; forfeiture; compensation.
SECTION 2.18.
Election of mayor; forfeiture; compensation.
The
mayor shall be elected and serve for a term of four years and until a successor
is elected and qualified. No person shall be eligible to serve as mayor unless
that person shall be a citizen of the United States of America; have attained
the age of 21 years; and have established his or her domicile within the city,
so as to be a legal resident of the city, for the 12 consecutive months prior to
the first day of the period of time set for qualification as a candidate for the
office of mayor. A duly elected mayor shall continue to reside within the city
during that individual's period of service and shall continue to be registered
and qualified to vote in municipal elections of this city. The mayor shall
forfeit the office on the same grounds and under the same procedure as for
councilmembers. The compensation of the mayor shall be established in the same
manner as for councilmembers.
SECTION
2.19.
Powers and duties of mayor.
Powers and duties of mayor.
The
mayor shall:
(1)
Preside at all meetings of the city council;
(2)
Be the chief executive officer and head of the city for the purpose of service
of process and for ceremonial purposes, and be the official spokesperson for the
city and the chief advocate of policy;
(3)
Have power to administer oaths and to take affidavits;
(4)
Sign as a matter of course on behalf of the city all written and approved
contracts, ordinances, and other instruments executed by the city which by law,
this charter, or city ordinances are required to be approved by the city council
and to be in writing;
(5)
Represent the city in intergovernmental relations;
(6)
Appoint members of citizen advisory boards and commissions with the advice and
consent of the council, and make recommendations to the city council concerning
the appointment of members of regulatory agencies, boards, or authorities whose
members are subject to appointment and approval by the city council;
(7)
Present an annual state of the city message;
(8)
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;
(9)
Call special meetings of the city council as provided for in Section 2.10(b) of
this charter;
(10)
Approve or disapprove ordinances as provided in Section 2.20 of this
charter;
(11)
Provide for an annual audit of all accounts of the city;
(12)
Require any department or agency of the city to submit written reports whenever
the mayor deems it expedient; and
(13)
Fulfill such other executive and administrative duties as the city council shall
by ordinance establish, or as may be required by law, this charter, or by
ordinance.
SECTION
2.20.
Submission of ordinances to the mayor; veto power.
Submission of ordinances to the mayor; veto power.
(a)
Every ordinance adopted by the city council shall be presented promptly by the
clerk to the mayor.
(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of three members, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of three members, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
SECTION
2.21.
Limitation on terms of service.
Limitation on terms of service.
There
shall be no limitation on the terms of election for a mayor or a member of the
council.
ARTICLE
III
ADMINISTRATIVE AFFAIRS
ORGANIZATIONAL AND GENERAL PROVISIONS
SECTION 3.01.
Administrative and service departments.
ADMINISTRATIVE AFFAIRS
ORGANIZATIONAL AND GENERAL PROVISIONS
SECTION 3.01.
Administrative and service departments.
(a)
Except as otherwise provided in this charter, the city council, by ordinance,
shall prescribe the functions or duties, and establish, abolish, alter,
consolidate, or leave vacant all nonelective offices, positions of employment,
departments, and agencies of the city, as necessary for the proper
administration of the affairs and government of this
city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance, or as set out in the duly adopted budget for the fiscal year.
(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 and directors 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 departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance, or as set out in the duly adopted budget for the fiscal year.
(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 and directors 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
3.02.
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, unless approved by the city council.
(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, or in the event of a tie vote, by the vote of two members of the council and the affirmative vote of the mayor, 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.
(i) 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, unless approved by the city council.
(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, or in the event of a tie vote, by the vote of two members of the council and the affirmative vote of the mayor, 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.
(i) 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.
ADMINISTRATIVE
OFFICERS
SECTION 3.03.
City attorney.
SECTION 3.03.
City attorney.
The
mayor and city council shall appoint a city attorney, together with such
assistant city attorneys as may be authorized, and shall provide for the payment
of such attorney or attorneys for services rendered to the city. The city
attorney shall be responsible for providing for the representation and defense
of the city in all litigation in which the city is a party; may be the
prosecuting officer in the municipal court; shall attend the meetings of the
council as directed; shall advise the city council, mayor, and other officers
and employees of the city concerning legal aspects of the city's affairs; and
shall perform such other duties as may be required by virtue of the person's
position as city attorney.
PERSONNEL
ADMINISTRATION
SECTION 3.04.
Position classification and pay plans.
SECTION 3.04.
Position classification and pay plans.
The
mayor shall be responsible for the preparation of a position classification and
pay plan which shall be submitted to the city council for approval. Such plan
may apply to all employees of the city and any of its agencies, departments,
boards, commissions, or authorities. When a pay plan has been adopted, the city
council shall not increase or decrease the salary range applicable to any
position except by amendment of such pay plan. For purposes of this section,
all elected and appointed city officials are not city employees.
SECTION
3.05.
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
ELECTIONS AND REMOVAL
ELECTIONS
A. General Law.
SECTION 4.01.
Applicability of general law.
ELECTIONS AND REMOVAL
ELECTIONS
A. General Law.
SECTION 4.01.
Applicability of general law.
All
primaries and elections shall be held and conducted in accordance with Chapter 2
of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter
amended.
B.
Election of
Officers.
SECTION 4.02.
Election of the city council and mayor.
SECTION 4.02.
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) In order to provide for staggered terms of office, the term of office for the candidates for mayor and all councilmembers elected at the November, 2011, election only shall be as follows: the office of mayor and the positions on the council designated as Post Two (Treasurer) and Post Three (Streets and Roads) shall be for a four-year period. The remaining elected councilmembers, Post One (City Clerk) and Post Four (Water and Sewer), shall be for an initial period of two years. On the Tuesday next following the first Monday in November, 2013, Post One and Post Four shall be up for election and serve a four-year term. All terms thereafter shall be for four years.
(b) In order to provide for staggered terms of office, the term of office for the candidates for mayor and all councilmembers elected at the November, 2011, election only shall be as follows: the office of mayor and the positions on the council designated as Post Two (Treasurer) and Post Three (Streets and Roads) shall be for a four-year period. The remaining elected councilmembers, Post One (City Clerk) and Post Four (Water and Sewer), shall be for an initial period of two years. On the Tuesday next following the first Monday in November, 2013, Post One and Post Four shall be up for election and serve a four-year term. All terms thereafter shall be for four years.
SECTION
4.03.
Nonpartisan elections.
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
4.04.
Election by plurality.
Election by plurality.
The
person receiving a plurality of the votes cast for any city office shall be
elected, so long as the candidate receiving the most votes shall receive more
than 40 percent of the votes cast in the election. In the event no candidate
receives more than 40 percent of the votes cast, a special runoff election shall
be called and held in accordance with provisions for notice, time, and elections
procedures for runoff elections as established by Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
C.
Vacancies.
SECTION 4.05.
Special elections; vacancies.
SECTION 4.05.
Special elections; vacancies.
In
the event that the office of mayor or councilmember shall become vacant as
provided in Section 2.03 of this charter, the city council or those remaining
shall order a special election to fill the balance of the unexpired term of such
official; provided, however, that if such vacancy occurs within 12 months of the
expiration of the term of that office, the city council or those remaining shall
appoint a successor for the remainder of the term. In all other respects, the
special election shall be held and conducted in accordance with Chapter 2 of
Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter
amended.
D.
Other
Provisions.
SECTION 4.06.
Other provisions.
SECTION 4.06.
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 Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election
Code," as now or hereafter amended.
REMOVAL
OF OFFICERS
SECTION 4.07.
Removal of officers.
SECTION 4.07.
Removal of officers.
(a)
The mayor, councilmembers, or other appointed officers provided for in this
charter shall be removed from office for any one or more of the causes provided
in Title 45 of the O.C.G.A., or such other applicable laws as are or may
hereafter be enacted.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1)
Following a hearing at which an impartial panel shall render a decision. In the
event an elected officer is sought to be removed by the action of the city
council, such officer shall be entitled to a written notice specifying the
ground or grounds for removal and to a public hearing which shall be held not
less than ten days after the service of such written notice. The city council
shall provide by ordinance for the manner in which such hearings shall be held.
Any elected officer sought to be removed from office as herein provided shall
have the right of appeal from the decision of the city council to the Superior
Court of Haralson County. Such appeal shall be governed by the same rules as
govern appeals to the superior court from the probate court; or
(2)
By an order of the Superior Court of Haralson County following a hearing on a
complaint seeking such removal brought by a minimum of five residents of the
city.
ARTICLE
V
FINANCE
GENERALLY
TAXATION AND VARIOUS FEES
A. Property Taxes.
SECTION 5.01.
Property tax.
FINANCE
GENERALLY
TAXATION AND VARIOUS FEES
A. Property Taxes.
SECTION 5.01.
Property tax.
The
city council may 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 within which the property is situate. 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
5.02.
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.
B.
Occupation Taxes and Regulatory
Fees.
SECTION 5.03.
Occupation and business taxes.
SECTION 5.03.
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 5.09 of this charter.
SECTION
5.04.
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 of
regulating the activity, and if unpaid, shall be collected as provided in
Section 5.09 of this charter.
SECTION
5.05.
Franchises.
Franchises.
(a)
The city council shall have the power to grant franchises for the use of this
city's streets and alleys for the purposes of railroads, street railways,
telephone companies, electric companies, electric membership corporations, cable
television and other telecommunications companies, gas companies, transportation
companies, and other similar organizations. The city council shall determine
the duration, terms, whether the same shall be exclusive or nonexclusive, and
the consideration for such franchises; provided, however, that no franchise
shall be granted for a period in excess of 35 years, and no franchise shall be
granted unless the city receives just and adequate compensation therefor. The
city council shall provide for the registration of all franchises with the city
clerk in a registration book kept by the 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, as permitted or regulated by state law, to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
(b) If no franchise agreement is in effect, the city council has the authority, as permitted or regulated by state law, to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION
5.06.
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 without 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
5.09 of this charter.
SECTION
5.07.
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
5.09 of this charter.
SECTION
5.08.
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.
C.
Collection of Delinquent
Taxes.
SECTION 5.09.
Collection of delinquent taxes and fees.
SECTION 5.09.
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 5.01
through 5.08 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.fa.'s; creation
and priority of liens; making delinquent taxes and fees personal debts of the
persons required to pay the taxes or fees imposed; refusal to issue city permits
or revocation of city permits for failure to pay any city taxes or fees; and
providing for the assignment or transfer of tax executions.
BORROWING
SECTION 5.10.
General obligation bonds.
SECTION 5.10.
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
5.11.
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
5.12.
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 by law.
SECTION
5.13.
Lease-purchase contracts.
Lease-purchase contracts.
The
city may enter into multiyear lease, purchase, or lease-purchase contracts for
the acquisition of goods, materials, real and personal property, services, and
supplies, provided the contract terminates without further obligation on the
part of the municipality at the close of the calendar year in which it was
executed and at the close of each succeeding calendar year for which it may be
renewed. Contracts must be executed in accordance with the requirements of Code
Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may
hereafter be enacted.
ACCOUNTING
AND
BUDGETING
SECTION 5.14.
Fiscal year.
SECTION 5.14.
Fiscal year.
The
city council shall set the fiscal year by ordinance. This fiscal year shall
constitute the budget year and the year for financial accounting and reporting
of each and every office, department, agency, and activity of the city
government.
SECTION
5.15.
Preparation of budgets.
Preparation of budgets.
The
city council shall provide an ordinance on the procedures and requirements for
the preparation and execution of an annual operating budget, a capital
improvement plan, and a capital budget, including requirements as to the scope,
content, and form of such budgets and plans.
SECTION
5.16.
Submission of operating budget to city council.
Submission of operating budget to city council.
On
or before a date fixed by the mayor and city council but not later than 45 days
prior to the beginning of each fiscal year, the treasurer 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 treasurer containing a
statement of the general fiscal policies of the city, the important features of
the budget, explanations of major changes recommended for the next fiscal year,
a general summary of the budget, and such other pertinent comments and
information. The operating budget and the capital budget hereinafter provided
for, the budget message, and all supporting documents shall be filed in the
office of the city clerk and shall be open to public inspection.
SECTION
5.17.
Action by city council on budget.
Action by city council on budget.
(a)
The city council may amend the operating budget proposed by the treasurer,
except that the budget as finally amended and adopted must provide for all
expenditures required by state law or by other provisions of this charter and
for all debt service requirements for the ensuing fiscal year, 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 the last day of the month prior to the beginning of a new fiscal 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 5.15 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of the month prior to the beginning of a new fiscal 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 5.15 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable.
SECTION
5.18.
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
5.19.
Changes in appropriations.
Changes in appropriations.
The
city council by ordinance may make changes in the appropriations contained in
the current operating budget at any regular, special, or emergency meeting
called for such purpose, but any additional appropriations may be made only from
an existing unexpended surplus.
SECTION
5.20.
Capital Budget.
Capital Budget.
(a)
On or before the date fixed by the city council but no later than 45 days prior
to the beginning of each fiscal year, the mayor shall submit to the city council
a proposed capital improvements plan with a recommended capital budget
containing the means of financing the improvements proposed for the ensuing
fiscal year. The city council shall have power to accept, with or without
amendments, or reject the proposed plan and proposed budget. The city council
shall not authorize an expenditure for the construction of any building,
structure, work, or improvement, unless the appropriations for such project are
included in the capital budget, except to meet a public emergency as provided in
Section 2.15 of this charter.
(b) The city council shall adopt by resolution or ordinance the final capital budget for the ensuing fiscal year not later than the last day of the month prior to the beginning of a new fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
(b) The city council shall adopt by resolution or ordinance the final capital budget for the ensuing fiscal year not later than the last day of the month prior to the beginning of a new fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION
5.21.
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.
PROCUREMENT
AND PROPERTY
MANAGEMENT
SECTION 5.22.
Contracting procedures.
SECTION 5.22.
Contracting procedures.
Except
in an emergency situation, no contract with the city in excess of $15,000.00
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 or 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 2.11 of this charter;
provided, however, that in the event of an emergency, the contract may be
submitted to the city council at the next regularly scheduled meeting of mayor
and city council for review and ratification.
SECTION
5.23.
Centralized purchasing.
Centralized purchasing.
The
city council shall by ordinance prescribe procedures for a system of centralized
purchasing and contracting for the city.
SECTION
5.24.
Sale and lease of city property.
Sale and lease of city property.
(a)
The mayor and 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
VI
GENERAL PROVISIONS
BONDS FOR OFFICIALS
SECTION 6.01.
Bonds for officials.
GENERAL PROVISIONS
BONDS FOR OFFICIALS
SECTION 6.01.
Bonds for officials.
The
officers and employees of this city, both elective 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
6.02.
Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations.
All
ordinances, resolutions, rules, and regulations now in force in the city not
inconsistent with this charter are hereby declared valid and of full effect and
force until amended or repealed by the city council.
SECTION
6.03.
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 90 days before or during which
the existing city council shall pass a transition ordinance detailing the
changes in personnel and appointive officers required or desired and arranging
such titles, rights, privileges, and powers as may be required or desired to
allow a reasonable transition.
SECTION
6.04.
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
6.05.
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
6.06.
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
6.07.
Repealer.
Repealer.
An
Act incorporating the Town of Waco in the County of Haralson, approved August
16, 1915 (Ga. L.1915, p. 941), is hereby repealed in its entirety and all
amendatory acts thereto are likewise repealed in their entirety. All other laws
and parts of laws in conflict with this charter are hereby
repealed.
SECTION
6.08.
Effective date.
Effective date.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.09.
General repealer.
General repealer.
All
laws and parts of laws in conflict with this Act are repealed.