Bill Text: GA HB207 | 2011-2012 | Regular Session | Introduced
Bill Title: Grayson, City of; provide new charter
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-04-20 - Effective Date [HB207 Detail]
Download: Georgia-2011-HB207-Introduced.html
11 LC 28
5467/AP
House
Bill 207 (AS PASSED HOUSE AND SENATE)
By:
Representative Walker of the
107th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a new charter for the City of Grayson, Georgia amending an Act creating
the City of Grayson, Georgia approved December 16, 1901 (Ga. L. 1901, P. 662),
as amended; to provide for incorporation, boundaries, and powers of the city,
both specific and general; to provide for construction of powers, exercise of
powers and ordinances of the city; to provide the ability to sue and be sued; to
provide for the governing authority of such city, the terms of office,
qualification for office, the creation of vacancies, and the filling of
vacancies in office; to provide for compensation of members of the governing
authority; to provide prohibitions for elected officials; to authorize inquiries
and investigations by the governing authority; to provide general powers and
authority of the governing authority; to provide for organization, meetings,
rules and procedures, voting and enactment of ordinances; to provide for a code
of technical regulations; to provide for the office of mayor and certain duties
and powers relative to the office of mayor; to provide the authenticating of
ordinances and the recording codification and printing of ordinances; to provide
for administrative and service departments, boards, commissions and authorities,
a city manager, a city attorney, a city clerk, a tax collector, a city
accountant, consolidation of functions, position classifications and pay plans,
and personnel policies; to provide for the creation of a municipal court,
appointment of judges of the municipal court, the time of convening of the court
and the jurisdiction and powers of the municipal court and a process for the
appeal of decisions of the municipal court and the adoption of rules of the
municipal court; to provide for regular elections, qualifying and nomination of
candidates, absentee ballots, nonpartisan elections, election of governing
authorities by a majority vote, application of general laws, special elections
and filling of vacancies, grounds for removal of members of the governing
authority and a procedure for removal; to provide for property taxes, tax
levies, tax due dates and the issuance of tax bills, collection of delinquent
taxes, licenses, occupational taxes, excise taxes, sewer service charges,
sanitary and health service charges, stormwater fees and charges, franchises and
franchise fees, special assessments, transfer of executions, general obligation
bonds, revenue bonds, short term notes, procedures for establishment of a fiscal
year, preparation of budgets, submission of operating budgets to the city
council, action by council on budgets, property tax levies, additional
appropriations, capital improvements budget, contracting procedures, centralized
purchasing and disposition of city property; to provide for bonded and other
indebtedness; to provide for official bonds for officers and employees of the
city; to provide for continuation of existing ordinances and regulations; to
provide for definitions and constructions and penalties; to provide for
severability; to provide for an effective date; to provide for other matters
relative to the foregoing; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I.
INCORPORATION AND POWERS
SECTION 1.10.
Incorporation.
INCORPORATION AND POWERS
SECTION 1.10.
Incorporation.
This
city and the inhabitants thereof are constituted and declared a body politic and
corporate under the name and style City of Grayson, Georgia, and by that name
shall have perpetual succession. Under that name, the city shall continue to be
vested with all the property and rights of property which now belong to the
corporation; may sue and be sued; may contract and be contracted with; may
acquire and hold property, real and personal as may be devised, bequeathed, sold
or in any manner conveyed or dedicated to or otherwise acquired by it, and from
time to time may hold or invest, sell, or dispose of the same; may have a common
seal and alter and renew the same at will; and may exercise in conformity with
this charter all municipal powers, functions, rights, privileges, and immunities
of every name and nature whatsoever.
SECTION
1.11.
Corporate boundaries.
Corporate boundaries.
(a)
The city shall encompass all of the territory described within the following
boundaries:
(1)
The boundaries of this city shall be those existing on the effective date of the
adoption of this charter and as further described in Exhibit "A," which is
attached to this charter and is incorporated herein by reference. Upon the
adoption of this charter, the boundaries of this city shall include all of that
area as described in the previous city charter as well as any areas added by
amendment to said charter, and by all annexation ordinances adopted by the
governing authority of the City of Grayson since the adoption of the charter.
The boundaries of this city shall include those areas shown on a map entitled
"Official Boundary Map of the City of Grayson, Georgia" dated December 20, 2010,
which map shall be retained permanently in the office of the city clerk and
which map is incorporated herein by this reference. Alterations of the
boundaries of this city may be made from time to time in a manner provided by
law. The boundaries of this city at all times shall be shown on a map to be
retained permanently in the office of the city clerk and to be designated:
"Official Map of the Corporate Limits of the City of Grayson, Georgia."
Photographic, typed, or other copies of such map 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.
(2)
The city council may provide for the redrawing of any such map by ordinance to
reflect lawful changes in the corporate boundaries. A redrawn map shall
supersede for all purposes the entire map or maps which it is designated to
replace.
SECTION
1.12.
Powers and construction.
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
1.13.
Examples of powers.
Examples of powers.
(a)
The corporate powers of the government of the city, to be exercised by the
governing authority, may include the following:
(1)
Air and water pollution. To regulate the emission of smoke or other exhaust
which pollutes the air and to prevent the pollution of natural streams which
flow within the corporate limits of the city.
(2)
Animal regulations. To regulate and license or to prohibit the keeping or
running at large of animals and fowl and to provide for the impoundment of same
if in violation of any ordinance or lawful order; to provide for the disposition
by sale, gift, or humane destruction of animals and fowl when not redeemed as
provided by ordinance; and to provide punishment for violation of ordinances
enacted under this paragraph.
(3)
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 this city.
(4)
Building regulations. To regulate and to license the erection and construction
of buildings and all other structures; to adopt building, housing, plumbing,
electrical, gas, and heating and air-conditioning codes; and to regulate all
housing and building trades.
(5)
Business regulation and taxation. To levy and to provide for the collection of
license fees and taxes on privileges, occupations, trades, and professions; to
license and regulate the same; to provide for the manner and method of payment
of such licenses and taxes; and to revoke such licenses after due process for
the failure to pay any city taxes or fees.
(6)
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 laws as are, or may hereafter be,
enacted.
(7)
Contracts. To enter into contracts and agreements with other governmental
entities and with private persons, firms, and corporations.
(8)
Emergencies. To establish procedures for determining and proclaiming that an
emergency situation exists inside or outside the city and to make and carry out
all reasonable provisions deemed necessary to deal with or meet such an
emergency for the protection, safety, health, or well-being of the citizens of
the city.
(9)
Environmental Protection. To protect and preserve the natural resources,
environment and vital areas of the city, region, and state through the
preservation and improvement of air quality, the restoration and maintenance of
water resources, the control of erosion and sedimentation, and other necessary
actions for the protection of the environment.
(10)
Fire regulations. To fix and establish fire limits and from time to time
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 firefighting; and to prescribe penalties and punishment for violations
thereof.
(11)
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 within the city and
benefitting 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; and to provide for franchises, including exclusive franchises, for
trash collection and disposal.
(12)
General health, safety, and welfare. To define, regulate, and prohibit any act,
practice, conduct, or use of property which is detrimental to the health,
sanitation, cleanliness, welfare, and safety of the inhabitants of the city and
to provide for the enforcement of such standards.
(13)
Gifts. To accept or refuse gifts, donations, bequests, or grants from any
source for any purpose related to the 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.
(14)
Health and sanitation. To prescribe standards of health and sanitation and to
provide for the enforcement of such standards.
(15)
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 squares of the city; to provide for the commitment of such persons
to any jail; or to provide for the commitment of such persons to any county work
camp or county jail by agreement with the appropriate county
officials.
(16)
Litigation. To bring or defend an action, at law or in equity, brought in a
court of proper jurisdiction and to assert any and all defenses permitted by
law.
(17)
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.
(18)
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.
(19)
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.
(20)
Municipal property ownership. To acquire, dispose of, 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 and to lease
property owned by the city for a period not to exceed 25 years or for such other
length of time as permitted by law.
(21)
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.
(22)
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, transportation facilities, public airports, and any other public
utility; and to fix the taxes, charges, rates, fares, fees, assessments,
regulations, and penalties therefor; and to provide for the withdrawal of
service for refusal or failure to pay the same.
(23)
Nuisances. To define a nuisance and provide for its abatement whether on public
or private property.
(24)
Specific 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, and to provide penalties for the violation of Gwinnett County board of
health rules and regulations and Gwinnett County health and sanitation
ordinances.
(25)
Planning and zoning. To provide comprehensive city planning for development by
zoning and to provide subdivision regulation and the like as the city council
deems necessary and reasonable to ensure a safe, healthy, and aesthetically
pleasing community.
(26)
Police and fire protection. To exercise the power of arrest through duly
appointed police officers and to establish, operate, or contract for a police or
firefighting agency.
(27)
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.
(28)
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; to provide for 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.
(29)
Public peace. To provide for the prevention and punishment of drunkenness,
riots, and public disturbances.
(30)
Public transportation. To organize and operate such public transportation
systems as are deemed beneficial.
(31)
Public utilities and services. To grant franchises or make contracts for public
utilities and public services and to prescribe the rates, fares, regulations,
and standards and conditions of service applicable to the service to be provided
by the franchise grantee or contractor, insofar as not in conflict with valid
regulations of the Public Service Commission.
(32)
Regulation of roadside areas. To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings,
and any and all other structures or obstructions upon or adjacent to the
rights-of-way of streets and roads or within view thereof, inside or abutting
the corporate limits of the city and to prescribe penalties and punishment for
violation of such ordinances.
(33)
Retirement. To provide and maintain a retirement plan for officers and
employees of the City of Grayson.
(34)
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.
(35)
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; to levy on those to whom sewers and
sewerage systems are made available a sewer service fee, charge, or tax for the
availability or use of the sewers; to provide for the manner and method of
collecting such service charge 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.
(36)
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 including the granting of exclusive or
nonexclusive franchises for such services; and to provide for the separate
collection of glass, tin, aluminum, cardboard, paper, and other recyclable
materials and provide for the sale of such items.
(37)
Special areas of public regulation. To regulate junk dealers and pawn shops; to
regulate the manufacture, sale, or transportation of intoxicating liquors, and
the use and sale of firearms; to regulate the transportation, storage, and use
of combustible, explosive, and inflammable materials, the use of lighting and
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 regulate professional fortunetelling,
palmistry, adult bookstores, adult entertainment establishments, tattoo parlors
and massage parlors.
(38)
Special assessments. To levy and provide for the collection of special
assessments to cover the costs of any public improvements.
(39)
Taxes: ad valorem. To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation.
(40)
Taxes: other. To levy and collect such other taxes as may be allowed now or in
the future by law.
(41)
Taxicabs. To regulate and license vehicles operated for hire in the city; to
limit the number of such vehicles; to require the operators thereof to be
licensed; to require public liability insurance on such vehicles in the amounts
to be prescribed by ordinance; and to regulate the parking of such
vehicles.
(42)
Urban redevelopment. To organize and operate an urban redevelopment
program.
(43)
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; to exercise all implied powers
necessary to carry into execution all powers granted in this charter as fully
and completely as if such powers were fully stated in this charter; and to
exercise all powers now or in the future authorized to be exercised by other
municipal governments under other laws of the State of Georgia; and no listing
of particular powers in this charter shall be held to be exclusive of others,
nor restrictive of general words and phrases granting powers, but shall be held
to be in addition to such powers unless expressly prohibited to municipalities
under the Constitution or applicable laws of the State of Georgia.
SECTION
1.14.
Exercise of powers.
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.
SECTION
1.15.
Ordinances.
Ordinances.
All
ordinances, bylaws, 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 governing authority.
ARTICLE
II.
GOVERNMENT STRUCTURE
LEGISLATIVE BRANCH
SECTION 2.10.
City council creation; number; election.
GOVERNMENT STRUCTURE
LEGISLATIVE BRANCH
SECTION 2.10.
City council creation; number; election.
(a)
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 mayor and councilmembers shall
be elected in the manner provided by general law and by Article V of this
charter.
(b) Any person desiring to offer as a candidate for mayor shall specify that he or she is seeking the office of mayor.
(c) For the purpose of electing the four councilmembers of the city, there shall be four council posts to be designated Council Post 1 through Council Post 4. Any person desiring to offer as a candidate for councilmember shall designate the council post for which he or she is offering.
(b) Any person desiring to offer as a candidate for mayor shall specify that he or she is seeking the office of mayor.
(c) For the purpose of electing the four councilmembers of the city, there shall be four council posts to be designated Council Post 1 through Council Post 4. Any person desiring to offer as a candidate for councilmember shall designate the council post for which he or she is offering.
SECTION
2.11.
Terms and qualifications for office.
Terms and qualifications for office.
(a)
The four members of the city council shall serve for terms of two years and
until their respective successors are elected and qualified. The councilmembers
who hold Council Posts 1 and 3 shall be elected in even years. The mayor and
councilmembers who hold Council Posts 2 and 4 shall be elected in odd
years.
(b) No person shall be eligible to serve as mayor or councilmember unless the person shall have been a resident of the city for a period of one year preceding the date of the election of the mayor or members of the city council and must be a qualified voter in municipal elections for officers of said city; the mayor or councilmember shall continue to reside therein during their period of service and to be registered and qualified to vote in municipal elections of this city.
(b) No person shall be eligible to serve as mayor or councilmember unless the person shall have been a resident of the city for a period of one year preceding the date of the election of the mayor or members of the city council and must be a qualified voter in municipal elections for officers of said city; the mayor or councilmember shall continue to reside therein during their period of service and to be registered and qualified to vote in municipal elections of this city.
SECTION
2.12.
Election of mayor; forfeiture; compensation.
Election of mayor; forfeiture; compensation.
The
mayor shall be elected for and shall serve for a term of two years and until his
or her successor is elected and qualified. The mayor shall be a qualified
elector of this city and shall have been a resident of the city for one year
immediately preceding his or her election. The mayor shall continue to reside
in this city during the period of his or her service. The mayor shall forfeit
his or her 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
2.13.
Powers and duties of mayor.
Powers and duties of mayor.
(a)
The mayor shall:
(1)
Preside at all meetings of the city council;
(2)
Be the head of the city for the purpose of service of process and for ceremonial
purposes and be the official spokesman for the city and the chief advocate of
policy;
(3)
Have the power to administer oaths and to take affidavits;
(4)
Sign as a matter of course on behalf of the city, as approved by or in
accordance with council authorization, all written and approved contracts, and
other instruments executed by the city which by law are required to be in
writing;
(5)
Vote on matters before the city council only in the case of a tie
vote;
(6)
Prepare and submit to the city council a recommended annual operating budget and
recommended capital budget;
(7)
Require any department or agency of the city to submit written reports whenever
the mayor deems it expedient;
(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 be expedient;
(9)
Fulfill such other executive and administrative duties as the city council shall
by ordinance establish; and
(10)
Perform such other duties as may be required by law, this charter, or by
ordinance.
SECTION
2.14.
Organizational meetings.
Organizational meetings.
The
city council shall hold an organizational meeting on the third Monday in March
of each year. The meeting shall be called to order by the city clerk and the
oath of the office shall be administered to the newly elected members as
follows:
"I
do solemnly swear or affirm that I will faithfully perform all of the duties of
(mayor) (councilmember) of the City of Grayson in Gwinnett County, Georgia,
according to the best of my ability and understanding, so help me God. I
further swear or affirm that I am not the holder of any unaccounted for public
money due to this state or any political subdivision or authority thereof; that
I am not the holder of any office of trust under the government of the United
States, any other state, or any foreign state which I am by the laws of the
State of Georgia prohibited from holding; that I am otherwise qualified to hold
the office of (mayor) (councilmember) according to the Constitution and laws of
the State of Georgia; that I am a resident of the City of Grayson, Georgia, and
have been a resident for the period required by law; 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."
SECTION
2.15.
Mayor pro tempore.
Mayor pro tempore.
By
a majority vote, at the first regular meeting of the mayor and council in March
of each year, the mayor and council shall elect a councilmember to serve as the
mayor pro tempore. The mayor pro tempore shall assume the duties and powers of
the mayor during the mayor's disability or absence. If the mayor pro tempore is
absent because of sickness or disqualification, any one of the remaining
councilmembers, chosen by the members present, shall be clothed with all the
rights and privileges of the mayor and shall perform the mayor's
duties.
SECTION
2.16.
Regular and special meetings.
Regular and special meetings.
(a)
The city council shall hold regular meetings at such times and places as
prescribed by ordinance. The council may recess any regular meeting and
continue such meetings on any date or hour it may fix and may transact any
business at such continued meeting as may be transacted at any regular
meeting.
(b) The mayor and city council may hold special meetings and may transact business therein in accordance with law.
(c) All meetings of the city council may be public in accordance with applicable law.
(b) The mayor and city council may hold special meetings and may transact business therein in accordance with law.
(c) All meetings of the city council may be public in accordance with applicable law.
SECTION
2.17.
Rules of procedure.
Rules of procedure.
(a)
The city council shall adopt 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 chairmen and officers of the city council, if any, shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
(b) All committees and committee chairmen and officers of the city council, if any, shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION
2.18.
Quorum; voting.
Quorum; voting.
The
mayor, or mayor pro tempore, and two councilmembers shall constitute a quorum
and shall be authorized to transact the business of the city council. Voting on
the adoption of ordinances may 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 the majority of
the members present shall be required for the adoption of any ordinance,
resolution, or motion.
SECTION
2.19.
Vacancies; forfeiture of office; filling of vacancies.
Vacancies; forfeiture of office; filling of vacancies.
(a)
The office of mayor or councilmember shall become vacant upon the incumbent's
death, resignation, forfeiture of office, or removal from office in any manner
authorized by this charter or the general laws of the State of
Georgia.
(b) The mayor or any councilmember shall forfeit office if he or she:
(b) The mayor or any councilmember shall forfeit office if he or she:
(1)
Lacks at any time during the term of office any qualification of the office as
prescribed by this charter or the laws of the State of Georgia; or
(2)
Is convicted of a felony involving moral turpitude.
(c)
A vacancy in the office of mayor or councilmember shall be filled for the
remainder of the unexpired term, if any, as provided for in this
charter.
SECTION
2.20.
Grounds and procedure for removal.
Grounds and procedure for removal.
(a)
The mayor or any councilmember shall be subject to removal from office for any
one or more of the following causes:
(1)
Incompetence, misfeasance, or malfeasance in office;
(2)
Conviction of a crime involving moral turpitude;
(3)
Failure at any time to possess any of the qualifications of office, as provided
by this charter or by law;
(4)
Willful violation of any express prohibition of this charter;
(5)
Abandonment of office or neglect to perform the duties thereof; or
(6)
Failure for any other cause to perform the duties of office as required by this
charter or by law.
(b)
Removal of an elected officer from office may be accomplished by one of the
following methods:
(1)
By action of two-thirds' vote of the entire membership of the council. In the
event an elected officer is sought to be removed by the action of the council,
such officer shall be entitled to a written notice specifying the ground for
removal and to a public hearing which shall be held not less than ten days after
the service of such written notice. Any elected officer sought to be removed
from office as herein provided shall have the right to appeal from the decision
of the council to the Superior Court of Gwinnett County. Such appeal shall be
governed by the same rules as govern appeals to the superior court from the
probate court; or
(2)
By information filed in the Superior Court of Gwinnett County, as provided by
law.
SECTION
2.21.
Compensation and expenses.
Compensation and expenses.
The
mayor and councilmembers shall receive compensation and expenses for their
services as provided by ordinance.
SECTION
2.22.
Holding other office; voting when personally interested.
Holding other office; voting when personally interested.
(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) Except as authorized by law, neither the mayor nor any councilmember shall hold any other city office or city employment during the term for which the official was elected.
(c) Except as authorized by law, neither the mayor nor any councilmember shall hold any other elected government office.
(d) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which the official is personally interested.
(b) Except as authorized by law, neither the mayor nor any councilmember shall hold any other city office or city employment during the term for which the official was elected.
(c) Except as authorized by law, neither the mayor nor any councilmember shall hold any other elected government office.
(d) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which the official is personally interested.
SECTION
2.23.
Inquiries and investigations.
Inquiries and investigations.
The
city council may make inquiries and investigations into the affairs of the city
and the conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony, and require
the production of evidence. Any person who fails or refuses to obey a lawful
order issued in the exercise of these powers by the city council shall be
punished as provided by ordinance.
SECTION
2.24.
General power and authority of the city council.
General power and authority of the city council.
(a)
Except as otherwise provided by law or by this charter, the city council shall
be vested with all the powers of government of this city as provided by Article
I of this charter.
(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Grayson and may enforce such ordinance by imposing penalties for violation thereof.
(c) By ordinance the council may create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.
(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Grayson and may enforce such ordinance by imposing penalties for violation thereof.
(c) By ordinance the council may create, change, alter, abolish, or consolidate offices, agencies, and departments of the city and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this charter.
SECTION
2.25.
Eminent domain.
Eminent domain.
The
city council is empowered to acquire, construct, operate, and maintain public
ways, parks, public grounds, cemeteries, markets, market houses, public
buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical
systems, gas systems, airports, hospitals, and charitable, educational,
recreational, sport, curative, corrective, detentional, penal, and medical
institutions, agencies, and facilities, and any other public improvements inside
or outside the city, and to regulate the use thereof and, for such purposes,
property may be condemned under procedures established under general law
applicable now or as provided in the future.
SECTION
2.26.
Action requiring an ordinance.
Action requiring an ordinance.
Except
as herein provided, every official action of the city council which is to become
law shall be enacted by ordinance.
SECTION
2.27.
Ordinance forms; procedures.
Ordinance forms; procedures.
(a)
Every proposed ordinance shall be introduced in writing and in the form required
for final adoption. The enacting clause shall be "The Mayor and Council of the
City of Grayson hereby ordains . . .
."
(b) An ordinance may be introduced by the mayor or 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.
(b) An ordinance may be introduced by the mayor or 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.
SECTION
2.28.
Codes of technical regulations.
Codes of technical regulations.
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.
SECTION
2.29.
Signing; authentication; recording; codification; printing.
Signing; authentication; recording; codification; printing.
(a)
The clerk shall authenticate by his or her signature and shall record in full in
a properly indexed book kept for that purpose all ordinances adopted by the
council.
(b) The city 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 as and cited officially as "The Code of the City of Grayson, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be 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 are 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 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 as and cited officially as "The Code of the City of Grayson, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be 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 are 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.
ARTICLE
III.
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
Administrative and service departments.
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
Administrative and service departments.
(a)
The city council by ordinance shall prescribe the functions or duties and
establish, abolish, merge, consolidate, or alter 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 appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director or department head of each department and agency of the city who shall be its principal officer. Each director or department head shall, subject to the direction and supervision of the Mayor (or City Manager if one has been appointed), be responsible for the administration and direction of the affairs and operation of his or her department or agency.
(e) All directors or department heads shall be appointed by the council. All appointive directors or department heads shall be employees at will and subject to removal or suspension at any time by a majority of the council unless otherwise provided by law.
(f) The mayor and council may, by ordinance, delegate its authority regarding the administrative affairs of the city unless such delegation is prohibited herein or by the general laws or constitution of the State of Georgia.
(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 appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director or department head of each department and agency of the city who shall be its principal officer. Each director or department head shall, subject to the direction and supervision of the Mayor (or City Manager if one has been appointed), be responsible for the administration and direction of the affairs and operation of his or her department or agency.
(e) All directors or department heads shall be appointed by the council. All appointive directors or department heads shall be employees at will and subject to removal or suspension at any time by a majority of the council unless otherwise provided by law.
(f) The mayor and council may, by ordinance, delegate its authority regarding the administrative affairs of the city unless such delegation is prohibited herein or by the general laws or constitution of the State of Georgia.
SECTION
3.11.
Boards, commissions, and authorities.
Boards, commissions, and authorities.
(a)
The city council shall create by ordinance such boards, commissions, and
authorities to fulfill any investigative, quasi-judicial, or quasi-legislative
function the city council deems necessary and shall by ordinance establish the
composition, period of existence, duties, and powers
thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the 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 other law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the 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 he or she has executed and filed with the clerk of the city an oath obligating such member to perform faithfully and impartially the duties of the office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Members of boards, commissions, or authorities shall serve at the pleasure of the mayor and council.
(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 chairman and one member as vice-chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the 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 other law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the 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 he or she has executed and filed with the clerk of the city an oath obligating such member to perform faithfully and impartially the duties of the office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Members of boards, commissions, or authorities shall serve at the pleasure of the mayor and council.
(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 chairman and one member as vice-chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION
3.12.
City attorney.
City attorney.
The
council shall appoint a city attorney, together with assistant city attorneys as
may be authorized, who shall not be a councilmember, and shall provide for the
payment of such attorney or attorneys for services rendered to the city. The
city attorney shall be responsible for representing and defending 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 or 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 position as city
attorney.
SECTION
3.13.
City clerk.
City clerk.
The
council shall appoint a city clerk who shall not be a councilmember. The city
clerk shall be custodian of the official city seal, maintain the city council
records required by this charter, and perform such other duties as may be
required by the mayor and council.
SECTION
3.14.
City treasurer.
City treasurer.
The
mayor may designate the city clerk or some other person, who shall not be a
councilmember, as city treasurer and may designate a certain bank as city
depository. The city treasurer shall be responsible for the general duties of a
fiscal officer and such other duties as may be provided by
ordinance.
SECTION
3.15.
City manager.
City manager.
The
council may appoint a city manager, who shall not be a councilmember. The
compensation and term of office of the city manager shall be established by
ordinance. If appointed, the administrator shall be vested with the authority
and responsibility to oversee and supervise the regular business affairs of the
city, and shall act as the office manager of the City Hall. Except as otherwise
provided by general or local state law, the city manager shall be the chief
administrative officer of the city and shall exercise executive supervision over
all city employees and all departments. The city manager shall further have
such other duties as the mayor and council may prescribe, and which are not
inconsistent with this charter, or any state law. The city manager need not be
a resident of the City of Grayson.
ARTICLE
IV.
MUNICIPAL COURT
SECTION 4.10.
Creation; name.
MUNICIPAL COURT
SECTION 4.10.
Creation; name.
There
shall be a court to be known as the Municipal Court of the City of
Grayson.
SECTION
4.11.
Selection of officer to preside over court.
Selection of officer to preside over court.
(a)
At the discretion of the city council, the mayor may preside over the municipal
court. The city council is authorized to appoint a mayor pro tempore or a
member of the city council to hold and preside of such municipal court in the
absence or disqualification of the mayor. While presiding over the court, said
mayor pro tempore or member of the city council shall have such power,
authority, and jurisdiction as is given by the charter to the
mayor.
(b) The city council, if it so chooses, may appoint a chief judge to preside over the court in lieu of the mayor and such part-time, full-time, or stand-by judges as are deemed necessary. The method of selection and terms of such judges shall be provided by ordinance.
(c) No person shall be qualified or eligible to serve as a judge, under subsection (b) of this section, 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. Judges, if any, shall be appointed by the council and shall serve until a successor is appointed and qualified.
(d) Compensation of the judges shall be fixed by ordinance.
(e) Judges shall serve at the pleasure of the mayor and council.
(f) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of their ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal.
(b) The city council, if it so chooses, may appoint a chief judge to preside over the court in lieu of the mayor and such part-time, full-time, or stand-by judges as are deemed necessary. The method of selection and terms of such judges shall be provided by ordinance.
(c) No person shall be qualified or eligible to serve as a judge, under subsection (b) of this section, 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. Judges, if any, shall be appointed by the council and shall serve until a successor is appointed and qualified.
(d) Compensation of the judges shall be fixed by ordinance.
(e) Judges shall serve at the pleasure of the mayor and council.
(f) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of their ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal.
SECTION
4.12.
Convening.
Convening.
The
municipal court shall be convened at regular intervals as provided by
ordinance.
SECTION
4.13.
Jurisdiction; powers.
Jurisdiction; powers.
(a)
The municipal court shall try and punish violations of this charter, all city
ordinances, and such other violations as provided by
law.
(b) The municipal court shall have authority to punish those in its presence for contempt. Such punishment shall not exceed $200.00 or 15 days of imprisonment, or by both such fine and imprisonment.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment and labor on the public works of the city for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and the care-taking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(h) The presiding officer of the municipal court may be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each presiding officer of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
(b) The municipal court shall have authority to punish those in its presence for contempt. Such punishment shall not exceed $200.00 or 15 days of imprisonment, or by both such fine and imprisonment.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment and labor on the public works of the city for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and the care-taking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(h) The presiding officer of the municipal court may be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each presiding officer of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION
4.14.
Certiorari.
Certiorari.
The
right of certiorari from the decision and judgment of the municipal court shall
exist in all criminal cases and ordinance violation cases, and such certiorari
shall be obtained under the sanction of a judge of the Superior Court of
Gwinnett County under the laws of the State of Georgia regulating the granting
and issuance of writs of certiorari.
SECTION
4.15.
Rules for court.
Rules for court.
The
Uniform Rules for Municipal Courts of the State of Georgia, as amended, shall be
the rules of the Municipal Court of the City of Grayson. In accordance with
those rules and with the approval of the city council, the presiding officer of
the court shall have full power and authority to make reasonable internal
operating rules and regulations necessary and proper to secure the efficient and
successful administration of the municipal court. The rules and regulations
made or adopted shall be filed with the city clerk, shall be available for
public inspection, and, upon request, a copy shall be furnished to all
defendants in municipal court proceedings at least 48 hours prior to said
proceedings.
ARTICLE
V.
ELECTIONS
SECTION 5.10.
Applicability of general law.
ELECTIONS
SECTION 5.10.
Applicability of general law.
All
primaries and elections shall be held and conducted in accordance with Chapter 2
of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or
hereafter amended.
SECTION
5.11.
Election of the mayor and city council.
Election of the mayor and city council.
(a)
There shall be a municipal election annually on the Tuesday next following the
first Monday in November.
(b) On the Tuesday next following the first Monday in November of 2011 and every two years thereafter, the successors to the position of mayor and such two councilmembers who hold Council Posts 2 and 4 (the seat currently held by Allison Wilkerson Rooks shall be Post 2; the seat currently held by Marcus Hinton shall be Post 4) shall be elected and shall serve terms of office of two years or until their successors are elected and qualified and shall take office on the day of the first meeting in January following their election.
(c) On the Tuesday next following the first Monday in November of 2012 and every two years thereafter, the successors to such two councilmembers who hold Council Posts 1 and 3 (the seat currently held by Marc Gordon shall be Post 1; the seat currently held by David Schroder shall be Post 3) shall be elected and shall serve terms of office of two years and until their successors are elected and qualified and shall take office on the day of the first meeting in January following their election.
(b) On the Tuesday next following the first Monday in November of 2011 and every two years thereafter, the successors to the position of mayor and such two councilmembers who hold Council Posts 2 and 4 (the seat currently held by Allison Wilkerson Rooks shall be Post 2; the seat currently held by Marcus Hinton shall be Post 4) shall be elected and shall serve terms of office of two years or until their successors are elected and qualified and shall take office on the day of the first meeting in January following their election.
(c) On the Tuesday next following the first Monday in November of 2012 and every two years thereafter, the successors to such two councilmembers who hold Council Posts 1 and 3 (the seat currently held by Marc Gordon shall be Post 1; the seat currently held by David Schroder shall be Post 3) shall be elected and shall serve terms of office of two years and until their successors are elected and qualified and shall take office on the day of the first meeting in January following their election.
SECTION
5.12.
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
5.13.
Election by majority.
Election by majority.
The
person receiving a majority of the votes cast for any city office shall be
elected.
SECTION
5.14.
Special elections; interim appointments; vacancies.
Special elections; interim appointments; vacancies.
In
the event that the office of mayor or councilmember shall become vacant for any
cause whatsoever, the city council or those remaining shall order a special
election to fill the balance of the unexpired term of such office; provided,
however, that if such vacancy occurs within 12 months of the expiration of the
term of that office, said vacancy shall be filled by appointment by the
remaining members of the council. The special election to fill the unexpired
term shall be held and conducted in accordance with Chapter 2 of Title 21 of the
Official Code of Georgia Annotated, the "Georgia Election Code," as now or
hereafter amended.
SECTION
5.15.
Other provisions.
Other provisions.
Except
as otherwise provided by this charter, the city council shall, by ordinance,
prescribe such rules and regulations it deems appropriate to fulfill any options
and duties under Chapter 2 of Title 21 of the Official Code of Georgia
Annotated, the "Georgia Election Code," as now or hereafter
amended.
ARTICLE
VI.
FINANCE
SECTION 6.10.
Property tax.
FINANCE
SECTION 6.10.
Property tax.
All
property city subject to taxation for state or county purposes assessed as of
January 1 in each year, shall be subject to the property tax levied by the city.
The council by ordinance shall elect to use the county assessment for the year
in which the city taxes are to be levied and shall request the county to furnish
appropriate information for such purpose.
SECTION
6.11.
Tax levy.
Tax levy.
The
city council may assess, levy, and collect ad valorem tax on all real and
personal property within the corporate limits of the city that is subject to
such taxation by the state and county. This tax is for the purpose of raising
revenues to defray the costs of operating the city government, of providing
governmental services, for the repayment of principal and interest on general
obligations, and for any other public purpose as determined by the city council
in its discretion.
SECTION
6.12.
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, the method of such payment, as well as
authorize the voluntary payment of taxes prior to the time when
due.
SECTION
6.13.
Occupation and business taxes.
Occupation and business taxes.
The
city council, by ordinance, shall have full power to levy such occupation or
business taxes as are not denied by law. Such taxes may be levied upon
residents of the city, both individuals and corporations, and on all those who
transact or offer to transact business in the city or who practice or offer to
practice any profession or calling within the city to the extent such persons
have a constitutionally sufficient nexus to this city to be so taxed. The city
council may classify businesses, occupations, professions, or callings for the
purpose of such taxation in any way which may be lawful and may compel the
payment of such taxes as provided in Section 6.19 of this charter.
SECTION
6.14.
Regulatory fees; permits.
Regulatory fees; permits.
The
city council, by ordinance, shall have the power to require any individual,
corporation, business, or practitioner who transacts business in this city or
who practices or offers to practice any profession or calling within the city to
obtain a license or permit for such activity from the city and to pay a
reasonable fee for such license or permit where such activities are not now
regulated by general law in such a way as to preclude city regulations. Such
fees may reflect the total cost to the city of regulating the activity and, if
unpaid, shall be collected as provided in Section 6.19 of this charter. The
city council, by ordinance, may establish reasonable requirements for obtaining
or keeping such licenses as the public health, safety, and welfare
necessitate.
SECTION
6.15.
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 companies, gas companies, transportation companies, garbage or waste
collectors, and other similar organizations. The city council shall determine
the duration, terms, whether the same shall be exclusive or nonexclusive, and
the consideration for such franchises; provided, however, no franchise shall be
granted for a period in excess of 35 years and no franchise shall be granted
unless the city receives just and adequate compensation therefor. The city
council shall provide for the registration of all franchises with the city clerk
in a registration book kept by the clerk. The city council may provide by
ordinance for the registration within a reasonable time of all franchises
previously granted.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of the city's streets and alleys for the purpose of railroads, streets railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, garbage or waste collectors, and other similar organizations.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of the city's streets and alleys for the purpose of railroads, streets railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, garbage or waste collectors, and other similar organizations.
SECTION
6.16.
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, stormwater
services, or any other services provided or made available inside or outside the
corporate limits of the city for the total cost to the city of providing or
making available such services. If unpaid, such charges shall be collected as
provided in Section 6.19 of this charter.
SECTION
6.17.
Special assessments.
Special assessments.
The
city council, by ordinance, shall have the power and authority to assess all or
part of the cost of constructing, reconstructing, widening, or improving any
public way, street, sidewalk, curbing, gutters, sewers, or other utility mains
or appurtenances against the abutting property owners, under such terms and
conditions as may be prescribed by ordinance. If unpaid, such charges shall be
collected as provided in Section 6.19 of this charter.
SECTION
6.18.
Construction; other taxes.
Construction; other taxes.
This
city shall be empowered to levy any other tax allowed now or hereafter by law,
and the specific mention of any right, power, or authority in this article shall
not be construed as limiting in any way the general powers of this city to
govern its local affairs.
SECTION
6.19.
Collection of delinquent taxes and fees.
Collection of delinquent taxes and fees.
The
city council, by ordinance, may provide generally for the collection of
delinquent taxes, fees, or other revenue due the city under Sections 6.10
through 6.18 of this charter by whatever reasonable means as are not precluded
by law. This shall include providing for the dates when the taxes or fees are
due, late penalties or interest, issuance and execution of fi. fas.,
creation and priority of liens, making delinquent taxes and fees personal debts
of the persons required to pay the taxes or fees imposed, revoking city licenses
for failure to pay any city taxes or fees, and providing for the assignment or
transfer of tax executions.
SECTION
6.20.
General obligation bonds.
General obligation bonds.
The
city council shall have the power to issue bonds for the purpose of raising
revenue to carry out any project, program, or venture authorized under this
charter or the laws of the state. Such bonding authority shall be exercised in
accordance with the laws governing bond issuances by municipalities in effect at
the time said issue is undertaken.
SECTION
6.21.
Revenue bonds.
Revenue bonds.
Revenue
bonds may be issued by the city council as state law now or hereafter provides.
Such bonds are to be paid out of any revenue produced by the project, program,
or venture for which they were issued.
SECTION
6.22.
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
6.23.
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 city at the close of the 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 amended.
SECTION
6.24.
Fiscal year.
Fiscal year.
The
city council shall set the fiscal year by ordinance. Such fiscal year shall
constitute the budget year and the year for financial accounting and reporting
of each and every office, department, agency, and activity of the city
government, unless otherwise provided by state or federal law.
SECTION
6.25.
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 program, and a capital improvement budget, including requirements as
to the scope, content, and form of such budgets and programs.
SECTION
6.26.
Submission of operating budget to city council.
Submission of operating budget to city council.
On
or before a date fixed by the city council but not later than 60 days prior to
the beginning of each fiscal year, the mayor shall submit to the city council a
proposed operating budget for the ensuing fiscal year. The budget shall be
accompanied by a message from the mayor containing a statement of the general
fiscal policies of the city, the important features of the budget, explanations
of major changes recommended for the next fiscal year, a general summary of the
budget, and such other comments and information as he or she may deem pertinent.
The operating budget and the capital improvements budget hereinafter provided
for, the budget message, and all supporting documents shall be filed with the
office of the city clerk and shall be open to public inspection.
SECTION
6.27.
Action by city council on budget.
Action by city council on budget.
(a)
The city council may amend the operating budget proposed by the mayor, except
that the budget as finally amended and adopted must provide for all expenditures
required by law or by other provisions of this charter and for all debt service
requirements for the ensuing fiscal year. The total appropriations from any
fund shall not exceed the estimated fund balance, reserves, and
revenues.
(b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the first day of October of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.25 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments 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 first day of October of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.25 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such unit, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.
SECTION
6.28.
Tax levies.
Tax levies.
Following
adoption of the operating budget, 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 expense
of the general government of this city.
SECTION
6.29.
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 meeting or special or emergency
meeting called for such purpose, but any additional appropriations may be made
only from an existing unappropriated surplus.
SECTION
6.30.
Capital improvements budget.
Capital improvements budget.
On
or before a date fixed by the city council but not later than 60 days prior to
the beginning of each fiscal year, the mayor shall submit to the city council a
proposed capital improvements budget with his or her recommendations as to the
means of financing the improvements proposed for the ensuing fiscal year. The
city council shall have the power to accept, with or without amendments, or
reject the proposed program and proposed means of financing. The city council
shall not authorize an expenditure for the construction of any building,
structure, work, or improvement, unless the appropriations for such project are
included in the capital improvements budget, except to meet a public emergency
threatening the lives, health, or property of the inhabitants, when passed by a
two-thirds' vote of the membership of the council.
SECTION
6.31.
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 accounting principles.
Any audit of any funds by the state or federal government may be accepted as
satisfying the requirements of this charter. Copies of all audit reports shall
be available at printing cost to the public.
SECTION
6.32.
Contracting procedures.
Contracting procedures.
No
contract with the city shall be binding on the city unless:
(1)
It is in writing; and
(2)
It is made or authorized by the city council or is made or authorized by the
mayor (or City Manager if one has been appointed) under authority properly
delegated by the city council.
SECTION
6.33.
Centralized purchasing.
Centralized purchasing.
The
city council, by ordinance, may prescribe procedures for a system of centralized
purchasing for the city.
SECTION
6.34.
Sale of city property.
Sale of city property.
(a)
The city council may sell and convey 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 request 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 execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. 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 request 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 execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. 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.
SECTION
6.35.
Capital reserve fund.
Capital reserve fund.
(a)
The city council shall maintain a capital reserve fund to be set forth in the
budget for each fiscal year. The initial amount of this capital reserve fund
shall be not less than $400,000.00. Said fund shall be for the purpose of
providing funds to be used in the case of dire emergency, for the purpose of
generating long term interest income to provide financial stability for the
city, and for the purpose of making long term capital investments. Interest
income generated from said fund and payable in any particular fiscal year shall
be deposited into the capital reserve
fund.
(b) The mayor and council may provide for the withdrawal of funds from the capital reserve fund to be used in cases of dire emergency or to make capital investments upon the passage of an ordinance finding that said expenditure constitutes a dire emergency or is a long-term capital investment in the best interest of the city. Approval of any such ordinance shall require the affirmative vote of at least four members of the governing authority. Should the council decide to use a portion of the capital reserve fund, the council shall designate in the ordinance the minimum balance that shall be maintained in the capital reserve fund.
(b) The mayor and council may provide for the withdrawal of funds from the capital reserve fund to be used in cases of dire emergency or to make capital investments upon the passage of an ordinance finding that said expenditure constitutes a dire emergency or is a long-term capital investment in the best interest of the city. Approval of any such ordinance shall require the affirmative vote of at least four members of the governing authority. Should the council decide to use a portion of the capital reserve fund, the council shall designate in the ordinance the minimum balance that shall be maintained in the capital reserve fund.
ARTICLE
VII.
GENERAL PROVISIONS
SECTION 7.10.
Bonds for officials.
GENERAL PROVISIONS
SECTION 7.10.
Bonds for officials.
The
officers and employees of the city, both elected and appointed, shall execute
such surety or fidelity bonds in such amounts and upon such terms and conditions
as the city council may from time to time require by ordinance or as may be
provided by law.
SECTION
7.11.
Prior ordinances and regulations.
Prior ordinances and regulations.
All
ordinances, resolutions, rules, and regulations now in force in the city not
inconsistent with this charter are declared valid and of full effect and force
until amended, modified, or repealed by the city council.
SECTION
7.12.
Pending matters.
Pending matters.
Except
as specifically provided otherwise by this charter, all rights, claims, actions,
orders, contracts, and legal or administrative proceedings shall continue and
any such ongoing work or cases shall be completed by such city agencies,
personnel, or offices as may be provided by the city council.
SECTION
7.13.
Construction.
Construction.
(a)
Section captions in this charter are informative only and shall not be
considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION
7.14.
Penalties.
Penalties.
The
violation of any provision of this charter for which a penalty is not
specifically provided for herein is hereby declared to be a misdemeanor and
shall be punishable by a fine of not more than $1,000.00 or by imprisonment not
to exceed 120 days, or both such fine and imprisonment.
SECTION
7.15.
Severability.
Severability.
In
the event 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 nor impair other parts of this charter
unless it clearly appears that such other parts are wholly and necessarily
dependent upon the part held to be invalid or unconstitutional, it being the
legislative intent in enacting this charter that each article, section,
subsection, paragraph, sentence, or part thereof be enacted separately and
independent of each other.
SECTION
7.16.
Effective date.
Effective date.
This
Act shall become effective upon its approval by the Governor of the State of
Georgia or upon its becoming law without such approval.
SECTION
7.17.
Repealer.
Repealer.
All
laws and parts of laws in conflict with this charter are hereby
repealed.
EXHIBIT
A
The
boundaries of the City of Grayson, Georgia, are intended to include and are
hereby declared to include all of the area included within the corporate
boundaries upon the effective date of this charter which includes all areas
described in the previous charter (Ga. L. 1901, p. 662), all properties added
through amendments to that charter, and all properties added by all annexation
ordinances adopted by the governing authority of the City of Grayson since the
adoption of that charter, which properties are intended to include and are
hereby declared to include all of the property within the boundaries of the city
shown on the "Official Boundary Map of the City of Grayson, Georgia" dated
December 20, 2010, and all property included in the tax parcels set forth below
as those tax parcels exist on the tax rolls and the tax maps of Gwinnett County
for the year 2010, and all of the public roadways and right of ways adjacent to
those parcels, including railroad right of ways lying adjacent to those parcels
or to public road ways adjacent to those parcels:
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