Bill Text: GA HB297 | 2009-2010 | Regular Session | Introduced
Bill Title: Garden City, City of; create new charter
Spectrum: Bipartisan Bill
Status: (Passed) 2009-05-06 - Effective Date [HB297 Detail]
Download: Georgia-2009-HB297-Introduced.html
09 LC
21 0223/AP
House
Bill 297 (AS PASSED HOUSE AND SENATE)
By:
Representatives Bryant of the
160th,
Stephens of the
164th,
Carter of the
159th,
Stephens of the
161st,
and Gordon of the
162nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act creating a new charter for the City of Garden City, approved April
17, 1973 (Ga. L. 1973, p. 3581), as amended, so as to reconstitute the governing
authority of the city; to provide for council districts; to provide for
definitions and inclusions; to provide for continuation in office of the mayor
and current council members; to change the provisions relating to the regular
expiration of terms of office of certain council members; to provide for
election and terms of office of subsequent council members; to provide for a
council-manager form of government vesting all powers of the city in a popularly
elected council that appoints a professional city manager who is continuously
responsible and removable at will by the council; to provide compensation for
council members; to provide for the operation of administrative and service
departments; to provide for the appointment of boards, commissions, authorities,
and the city attorney; to change the effect of abstention voting by council
members; to provide for elections; to provide for qualification, nomination, and
election of candidates; to provide for districting; to provide for
qualifications; to provide for the submission of the city's operating and
capital budgets to the city council by the city manager; to provide for action
on the budget; to provide for submission of this Act for preclearance under the
federal Voting Rights Act of 1965, as amended; to provide for severability; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act creating a new charter for the City of Garden City, approved April 17, 1973
(Ga. L. 1973, p. 3581), as amended, is amended by striking in its entirety
Article II and inserting in lieu thereof the following:
"ARTICLE
II
LEGISLATIVE BRANCH
SECTION 2.01.
Power and Authority Vested in the City Council.
LEGISLATIVE BRANCH
SECTION 2.01.
Power and Authority Vested in the City Council.
All
powers of the city shall be vested in the city council except as otherwise
provided by law or this charter, and the city council shall provide for the
exercise thereof and for the performance of all duties and obligations imposed
on the city by law.
SECTION
2.02.
Eligibility, Terms, and Composition.
Eligibility, Terms, and Composition.
(a)
Eligibility. No person shall be eligible to serve as mayor or council member
unless he or she has been a resident of the city for a period of one year
immediately prior to the date of the election of the mayor or member of council;
continues to reside therein during his or her period of service; is registered
and qualified to vote in municipal elections of Garden City; and meets the
qualifications required of members of the Georgia House of Representatives, as
are now or may in the future be prescribed by the Constitution of
Georgia.
(b) Terms. The term of office of elected officials shall be four years. Elections shall be in accordance with Article VI of this charter.
(c) Composition. The council shall be composed of one member, excluding the mayor, elected by the voters of the city at large and one member from each of the five the city council districts elected by the voters of those districts, as provided in Article VI of this charter. The mayor shall be elected as provided in subsection (b) of Section 2.03 of this charter.
(b) Terms. The term of office of elected officials shall be four years. Elections shall be in accordance with Article VI of this charter.
(c) Composition. The council shall be composed of one member, excluding the mayor, elected by the voters of the city at large and one member from each of the five the city council districts elected by the voters of those districts, as provided in Article VI of this charter. The mayor shall be elected as provided in subsection (b) of Section 2.03 of this charter.
SECTION
2.03.
Mayor.
Mayor.
(a)
Powers and duties. The mayor shall be a voting member of the city council and
shall attend and preside at meetings of the city council, represent the city in
intergovernmental relationships, appoint with the advice and consent of the city
council the members of citizen advisory boards and commissions, present an
annual state of the city message, appoint the members and officers of the city
council committees, assign subject to the consent of the city council agenda
items to committees, and perform other duties specified by the city council. The
mayor shall be recognized as head of the city government for all ceremonial
purposes and by the Governor for purposes of military law but shall have no
administrative duties.
(b) Election. Commencing with the general election on the Tuesday following the first Monday in November, 2011, the city shall elect a mayor at large for a term of four years. After each regular election, the city council shall meet for organization at its first regular meeting next following the meeting where the oath of office has been administered. If the at-large city council member has been elected at the recent election, such member shall be appointed as mayor pro tempore and shall serve in such capacity for a term of four years and until his or her successor is elected and qualified. The mayor pro tempore shall act as mayor during any absence or disability of the mayor but shall only vote once on matters before the council, and, if a vacancy occurs in the office of mayor, shall become mayor for the remainder of the unexpired term. The city council shall also, by majority vote of all the members, elect one of their number, other than the mayor or mayor pro tempore, to be president of council who shall temporarily assume the mayor's position in the event that the mayor and mayor pro tempore are both unavailable, but who shall not, by virtue of being president of council, become mayor in the event that any vacancy occurs in such office. The president of council shall serve for a term of two years and until his or her successor is elected and qualified. If either the mayor pro tempore or president of council leaves office before his or her respective term has expired, he or she shall be replaced by a majority vote of the city council at any regular meeting of council.
(b) Election. Commencing with the general election on the Tuesday following the first Monday in November, 2011, the city shall elect a mayor at large for a term of four years. After each regular election, the city council shall meet for organization at its first regular meeting next following the meeting where the oath of office has been administered. If the at-large city council member has been elected at the recent election, such member shall be appointed as mayor pro tempore and shall serve in such capacity for a term of four years and until his or her successor is elected and qualified. The mayor pro tempore shall act as mayor during any absence or disability of the mayor but shall only vote once on matters before the council, and, if a vacancy occurs in the office of mayor, shall become mayor for the remainder of the unexpired term. The city council shall also, by majority vote of all the members, elect one of their number, other than the mayor or mayor pro tempore, to be president of council who shall temporarily assume the mayor's position in the event that the mayor and mayor pro tempore are both unavailable, but who shall not, by virtue of being president of council, become mayor in the event that any vacancy occurs in such office. The president of council shall serve for a term of two years and until his or her successor is elected and qualified. If either the mayor pro tempore or president of council leaves office before his or her respective term has expired, he or she shall be replaced by a majority vote of the city council at any regular meeting of council.
SECTION
2.04.
Compensation and Expenses.
Compensation and Expenses.
(a)
Effective January 1, 2010, the mayor shall receive monthly compensation in the
amount of $500.00 and council members shall each receive monthly compensation in
the amount of $300.00 for their respective services which may thereafter be
increased or decreased by ordinance passed pursuant to the applicable provisions
of the O.C.G.A..
(b) The mayor and the city council members shall receive their actual and necessary expenses incurred in the performance of their duties of office.
(b) The mayor and the city council members shall receive their actual and necessary expenses incurred in the performance of their duties of office.
SECTION
2.05.
Prohibitions.
Prohibitions.
(a)
Holding other office. Except where authorized by law, no city council member
shall hold any other elected public office during the term for which the member
was elected to the council. No city council member shall hold any other city
office or employment during the term for which the member was elected to the
city council. No former the city council member shall hold any compensated
appointive office or employment with the city until one year after the
expiration of the term for which the member was elected to the city council,
unless granted a waiver by the city's ethics board. Nothing in this section
shall be construed to prohibit the city council from selecting any current or
former the city council member to represent the city on the governing board of
any regional or other intergovernmental
agency.
(b) Appointments and removals. Neither the city council nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the city council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees.
(c) Interference with administration. Except for the purpose of inquiries and investigations under Section 2.09 of this charter, the city council and its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
(d) Conflict of interest. No member of the city council shall vote upon any question in which he or she is financially interested.
(b) Appointments and removals. Neither the city council nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the city council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees.
(c) Interference with administration. Except for the purpose of inquiries and investigations under Section 2.09 of this charter, the city council and its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately.
(d) Conflict of interest. No member of the city council shall vote upon any question in which he or she is financially interested.
SECTION
2.06.
Vacancies; Forfeiture of Office; Filling of Vacancies.
Vacancies; Forfeiture of Office; Filling of Vacancies.
(a)
Vacancies. The office of a council member shall become vacant upon the member's
death, resignation, forfeiture of office, or 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) Forfeiture of office. A council member shall forfeit that office if the council member:
(b) Forfeiture of office. A council member shall forfeit that office if the council member:
(1)
Fails to meet the residency requirements;
(2)
Violates any express prohibition of this charter;
(3)
Is convicted of a crime involving moral turpitude; or
(4)
Fails to attend three consecutive regular meetings of the city council without
being excused by the council.
(c)
Removal from office.
(1)
A council member 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.
(2)
Removal of a council member pursuant to paragraph (1) of this subsection shall
be accomplished one of the following methods:
(A)
Following a hearing at which an impartial panel shall render a decision. In the
event an elected officer is sought to be removed by an 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 Chatham County, Georgia. Such appeal shall be governed by the same
rules as govern appeals to the superior court from the probate court;
or
(B)
By an order of the Superior Court of Chatham County, Georgia, following a
hearing on a complaint seeking such removal brought by any resident of the
city.
(d)
Filling of vacancies. Subject to Section 2.03 of this charter providing that
the mayor pro tempore shall fill any vacancy in the mayor's office, in the event
that the office of a council member shall become vacant for any cause
whatsoever, said vacancy in office shall be filled by appointment by the
remaining members of council.
SECTION
2.07.
Judge of Qualifications.
Judge of Qualifications.
The
city council shall be the judge of the election and qualifications of its
members and of the grounds for forfeiture of their office. In order to exercise
these powers, the city council shall have power to subpoena witnesses,
administer oaths, take testimony, and require the production of evidence. A
member charged with conduct constituting grounds for forfeiture of office shall
be entitled to a public hearing on demand, and notice of such hearing shall be
published in one or more newspapers of general circulation in the city at least
one week in advance of the hearing.
SECTION
2.08.
Clerk of Council.
Clerk of Council.
The
city manager shall appoint, subject to confirmation by the city council, an
officer of the city who shall have the title of clerk of council. The clerk of
council shall give notice of the city council meetings to its members and the
public, keep the journal of its proceedings, and perform such other duties as
are assigned by this charter or by the council or by state law.
SECTION
2.09.
Investigations.
Investigations.
Following
the adoption of an authorizing resolution, the city council is authorized to
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. The inquiries and investigations authorized may only be conducted by
the council, not individual council members, and only for the purpose of an
official investigation. Additionally, these powers shall be limited to use by
the city council and shall not be delegated to boards or panels composed of
private citizens. A person's failure or refusal to obey a lawful order issued
in the exercise of these powers by the council shall be punished as provided by
ordinance.
SECTION
2.10.
Independent Audit.
Independent Audit.
The
city council shall provide for an independent annual audit of all city accounts
and may provide for more frequent audits as it deems necessary. Such audits
shall be carried out in accordance with Code Section 36-81-7 of the
O.C.G.A..
SECTION
2.11.
General Power and Authority of the Council.
General Power and Authority of the 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 Garden City as provided in
Article I of this charter.
(b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, and rules and regulations, not inconsistent with this charter, the Constitution, and the laws of the state, which it shall deem necessary, expedient, or helpful for peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of Garden City and may enforce such ordinances by imposing penalties for violation thereof.
(c) The city council may by ordinance 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.
(d) The city council may, by ordinance or resolution, delegate or assign to a city manager such powers, functions, and duties as are conferred upon the council by this charter and such delegation of powers may, by ordinance or resolution, be terminated, altered, or otherwise changed as the city council shall deem necessary, expedient, or helpful in the conduct of the affairs of the city.
(b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, and rules and regulations, not inconsistent with this charter, the Constitution, and the laws of the state, which it shall deem necessary, expedient, or helpful for peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of Garden City and may enforce such ordinances by imposing penalties for violation thereof.
(c) The city council may by ordinance 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.
(d) The city council may, by ordinance or resolution, delegate or assign to a city manager such powers, functions, and duties as are conferred upon the council by this charter and such delegation of powers may, by ordinance or resolution, be terminated, altered, or otherwise changed as the city council shall deem necessary, expedient, or helpful in the conduct of the affairs of the city.
SECTION
2.12.
Organization.
Organization.
(a)
On the first Monday after January 1 following each regular city election, the
city council shall hold a special meeting at which the oath of office shall be
administered to the mayor and council members as follows:
'I
do solemnly (swear)( affirm) that I will faithfully perform the duties of
(mayor) (council member) 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. I am not the holder of any unaccounted for
public money due this state or any political subdivision or authority thereof.
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 by the laws of the State
of Georgia am prohibited from holding. I am otherwise qualified to hold said
office according to the Constitution and laws of Georgia. I have been a
resident [of my district and] of the City of Garden City for the time required
by the Constitution and laws of this state and by the municipal charter. I will
perform the duties of my office in the best interest of the City of Garden City
to the best of my ability without fear, favor, affection, reward, or expectation
thereof.'
(b)
The city council shall meet for organization at its first regular meeting next
following the meeting where the oath of office has been administered. If the
at-large the city council member has been elected at the recent election, such
member shall be designated mayor pro tempore who shall serve for a term of four
years and until his or her successor is elected and qualified. In addition, the
city council by majority vote of all the members thereof shall elect one of
their number to be president of council who shall serve for a term of two years
and until his or her successor is elected and
qualified.
(c) The city manager, subject to confirmation by city council, shall appoint a clerk of council to keep a journal of its proceedings and to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct.
(d) The city council may appoint a tax collector to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city consistent therewith. The tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
(e) The city council may appoint a city accountant to perform the duties of an accountant.
(c) The city manager, subject to confirmation by city council, shall appoint a clerk of council to keep a journal of its proceedings and to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct.
(d) The city council may appoint a tax collector to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city consistent therewith. The tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities.
(e) The city council may appoint a city accountant to perform the duties of an accountant.
SECTION
2.13.
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 meeting on any weekday or hour it may fix and may transact any
business at such continued meeting that may be transacted at any regular
meeting.
(b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residence at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor and all council members are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the council shall be public, except where otherwise provided by law, and notice to the public of special meetings shall be made fully as is reasonably possible pursuant to 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 four members of the city council. Notice of such meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residence at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor and all council members are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the council shall be public, except where otherwise provided by law, and notice to the public of special meetings shall be made fully as is reasonably possible pursuant to Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION
2.14.
Rules of Procedure.
Rules of Procedure.
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.
SECTION
2.15.
Quorum; Voting.
Quorum; Voting.
(a)
Four council members shall constitute a quorum and shall be authorized to
transact business of the city council. Voting on the adoption of ordinances
shall be taken by voice vote and the ayes and nays shall be recorded in the
journal, but any member of council shall have the right to request a roll-call
vote. Except as otherwise provided in this charter, a majority vote of the
quorum shall be required for the adoption of any ordinance, resolution, or
motion.
(b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such council member has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.
(b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such council member has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.
SECTION
2.16.
Action Requiring an Ordinance.
Action Requiring an Ordinance.
(a)
Except as herein provided, every official action of the city council which is to
become law shall be by ordinance. Each proposed ordinance or resolution 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 'The council of Garden City hereby
ordains....'
(b) An ordinance may be introduced by any member of the city council and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, ordinances shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction, except ordinances may be adopted at the first meeting where they are originally introduced upon the affirmative vote of all council members present. The clerk of council shall read the heading of the ordinance and shall file a copy in the office of the clerk of council. As soon as practicable after adoption, the clerk of council shall have the ordinance and a notice of its adoption published and made available to the public at a reasonable price.
(c) Except as otherwise provided in this charter, every adopted ordinance shall become effective upon adoption or at any later date specified therein.
(d) As used in this section, the term 'publish' means to print in the contemporary means of information sharing, which includes but is not limited to, one or more newspapers of general circulation in the city, and, if available, in a website: (1) the ordinance or a brief summary thereof and (2) the places where copies of it have been filed and the times when they are available for public inspection and purchase at a reasonable price.
(b) An ordinance may be introduced by any member of the city council and read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, ordinances shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction, except ordinances may be adopted at the first meeting where they are originally introduced upon the affirmative vote of all council members present. The clerk of council shall read the heading of the ordinance and shall file a copy in the office of the clerk of council. As soon as practicable after adoption, the clerk of council shall have the ordinance and a notice of its adoption published and made available to the public at a reasonable price.
(c) Except as otherwise provided in this charter, every adopted ordinance shall become effective upon adoption or at any later date specified therein.
(d) As used in this section, the term 'publish' means to print in the contemporary means of information sharing, which includes but is not limited to, one or more newspapers of general circulation in the city, and, if available, in a website: (1) the ordinance or a brief summary thereof and (2) the places where copies of it have been filed and the times when they are available for public inspection and purchase at a reasonable price.
SECTION
2.17.
Emergency Ordinances.
Emergency Ordinances.
(a)
To meet a public emergency affecting life, health, property or the public peace,
the city council may adopt one or more emergency ordinances, but such ordinances
may not levy taxes; grant, renew, or extend a franchise; regulate the rate
charged by any public utility for its services; or authorize the borrowing of
money except for loans to be repaid within 30 days. An emergency ordinance shall
be introduced in the form and manner prescribed for ordinances generally, except
that it shall be plainly designated as an emergency ordinance and shall contain,
after the enacting clause, a declaration stating that an emergency exists and
describing it in clear and specific terms. An emergency ordinance may be
adopted with or without amendment or rejected at the meeting at which it is
introduced, but the affirmative vote of at least five council members shall be
required for adoption. After its adoption, the ordinance shall be published and
printed as prescribed for other adopted ordinances. It shall become effective
upon adoption or at such later time as it may specify. Every emergency
ordinance except one authorizing the borrowing the money shall automatically
stand repealed as of the sixty-first day following the date on 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 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 or such other applicable laws as are or may hereafter be enacted.
SECTION
2.18.
Codes of Technical Regulations.
Codes of Technical Regulations.
(a)
The 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 2.16 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 of council pursuant
to Section 2.19 of this charter.
(b)
Copies of any adopted code of technical regulations shall be made available by
the clerk of council for distribution or for purchase at a reasonable
price.
SECTION
2.19.
Authentication and Recording;
Codification; Printing of Ordinances and Resolutions.
Authentication and Recording;
Codification; Printing of Ordinances and Resolutions.
(a)
Authentication and recording. The clerk of council shall authenticate by
signing and shall record in full in a properly indexed book kept for the purpose
all ordinances and resolutions adopted by the city
council.
(b) Codification. The city council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published together with this charter and any amendments thereto, pertinent provisions of the Constitution and other laws of the state, and such codes of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as the Garden City Code. Copies of the code shall be furnished to city officers, placed in libraries and public offices, and, if available, on a website for free public reference and made available for purchase by the public at a reasonable price fixed by the council.
(c) Printing of ordinances and resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances, resolutions, and charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the council. Following publication of the first city code and at all times thereafter, the ordinances, resolutions, and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the codes of technical regulations and other rules and regulations included in the code."
(b) Codification. The city council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published together with this charter and any amendments thereto, pertinent provisions of the Constitution and other laws of the state, and such codes of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as the Garden City Code. Copies of the code shall be furnished to city officers, placed in libraries and public offices, and, if available, on a website for free public reference and made available for purchase by the public at a reasonable price fixed by the council.
(c) Printing of ordinances and resolutions. The city council shall cause each ordinance and resolution having the force and effect of law and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances, resolutions, and charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the council. Following publication of the first city code and at all times thereafter, the ordinances, resolutions, and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the codes of technical regulations and other rules and regulations included in the code."
SECTION
2.
Said
Act is further amended by striking in its entirety Article III and inserting in
lieu thereof the following:
"ARTICLE
III
EXECUTIVE BRANCH
SECTION 3.01.
Appointment of the City Manager; Qualifications; Compensation.
EXECUTIVE BRANCH
SECTION 3.01.
Appointment of the City Manager; Qualifications; Compensation.
The
city council by a majority vote of its total membership shall appoint a city
manager for an indefinite term and fix the manager's compensation. The city
manager shall be appointed solely on the basis of education and experience in
the accepted competencies and practices of local government management. Minimum
qualifications for the city manager shall be a master's degree with a
concentration in public administration, public affairs, or public policy and two
years' experience in an appointed managerial or administrative position in a
local government or a bachelor's degree and five years of such experience. The
manager need not be a resident of the city or state at the time of appointment
but may reside outside the city while in office only with the approval of the
council.
SECTION
3.02.
Removal of City Manager.
Removal of City Manager.
The
city manager is employed at will and may be summarily removed from office at any
time by the city council.
SECTION
3.03.
Acting City Manager.
Acting City Manager.
By
letter filed with the clerk of council, the city manager shall designate a city
officer or employee to exercise the powers and perform the duties of city
manager during the manager's temporary absence or disability; the city council
may revoke such designation at any time and appoint another officer of the city
to serve until the city manager returns.
SECTION
3.04.
Powers and Duties of the City Manager.
Powers and Duties of the City Manager.
The
city manager shall be the chief executive officer of the city, responsible to
the city council for the management of all city affairs placed in the manager's
charge by or under this charter. The city manager shall:
(1)
Appoint and suspend or remove all city employees and appointed administrative
officers provided for by or under this charter, except as otherwise provided by
law, this charter, or personnel rules adopted pursuant to this charter. The
city manager may authorize any administrative officer subject to the manager's
direction and supervision to exercise these powers with respect to subordinates
in that officer's department, office, or agency;
(2)
Direct and supervise the administration of all departments, offices and agencies
of the city, except as otherwise provided by this charter or by
law;
(3)
Attend all the city council meetings. The city manager shall have the right to
take part in discussion but shall not vote;
(4)
See that all laws, provisions of this charter, and acts of the city council,
subject to enforcement by the city manager or by officers subject to the
manager's direction and supervision, are faithfully executed;
(5)
Prepare and submit the annual budget to the city council and implement the final
budget approved by the city council to achieve the goals of the
city;
(6)
Submit to the city council and make available to the public a complete report on
the finances and administrative activities of the city as of the end of each
fiscal year;
(7)
Make such other reports as the city council may require concerning
operations;
(8)
Keep the city council fully advised as to the financial condition and future
needs of the city;
(9)
Make recommendations to the city council concerning the affairs of the city and
facilitate the work of the city council in developing policy;
(10)
Provide staff support services for the mayor and council members;
(11)
Assist the council to develop long term goals for the city and strategies to
implement these goals;
(12)
Encourage and provide staff support for regional and intergovernmental
cooperation;
(13)
Promote partnerships among council, staff, and citizens in developing public
policy and building a sense of community; and
(14)
Perform such other duties as are specified in this charter or may be required by
the city council.
SECTION
3.05.
Administrative and Service Departments.
Administrative and Service Departments.
(a)
Except as otherwise provided in this charter, the city council may establish,
abolish, merge, alter, leave vacant, or consolidate offices, positions of
employment, departments, and agencies of the city as it shall deem necessary for
the proper administration of the affairs and government of the city. The
council shall prescribe the functions and duties of existing departments,
offices, and agencies or of any departments, offices, and agencies hereafter
created or established; may provide that the same person shall fill any number
of offices and positions of employment; and may transfer or change the function
or duties of offices, positions of employment, departments, and agencies of the
city.
(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance consistent therewith and shall be subject to the general supervision and guidance of the city manager.
(c) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment.
(d) 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.
(e) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council.
(f) 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 city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency.
(g) All appointed officers and directors under the supervision of the city manager shall be selected by the city manager and shall be employees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance.
(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance consistent therewith and shall be subject to the general supervision and guidance of the city manager.
(c) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment.
(d) 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.
(e) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council.
(f) 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 city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency.
(g) All appointed officers and directors under the supervision of the city manager shall be selected by the city manager and shall be employees at will and subject to removal or suspension at any time by the city manager unless otherwise provided by law or ordinance.
SECTION
3.06.
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 in such manner and for such terms of office as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law.
(c) No member of any board, commission, or authority of the city shall hold any elective office in the city.
(d) Any vacancy in office of any member of 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 any applicable state law.
(e) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the clerk of council an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be administered by the mayor.
(f) All members of a board, commission, or authority serve at will and may be removed from office for cause by a vote of four members of the council.
(g) Members of boards, commissions, and authorities may receive expenses in the performance of their official duties as approved by the council.
(h) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance.
(i) Except as otherwise provided by this charter or by applicable state law, each board, commission, and authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary as 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 applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filled with the clerk of council.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council in such manner and for such terms of office as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law.
(c) No member of any board, commission, or authority of the city shall hold any elective office in the city.
(d) Any vacancy in office of any member of 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 any applicable state law.
(e) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the clerk of council an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be administered by the mayor.
(f) All members of a board, commission, or authority serve at will and may be removed from office for cause by a vote of four members of the council.
(g) Members of boards, commissions, and authorities may receive expenses in the performance of their official duties as approved by the council.
(h) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance.
(i) Except as otherwise provided by this charter or by applicable state law, each board, commission, and authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary as 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 applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filled with the clerk of council.
SECTION
3.07.
City Attorney.
City Attorney.
The
city council shall appoint a city attorney, together with such assistant city
attorneys as may be authorized by ordinance, 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 judge in the municipal
court; shall attend the meetings of the council as directed; shall advise the
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 of him or her by virtue of his or her position as city
attorney.
SECTION
3.08.
Consolidation of Functions.
Consolidation of Functions.
The
city council may consolidate any two or more of the positions of clerk of
council, city tax collector, and city accountant or any other positions or may
assign the functions of any one or more of such positions to the holder or
holders of any other positions.
SECTION
3.09.
Personnel Policies.
Personnel Policies.
All
employees serve at will and may be removed from office at any time unless
otherwise provided by ordinance. The council shall adopt rules and regulations
consistent with the charter concerning personnel policies as may be necessary to
provide for adequate and systematic handling of the personnel affairs of Garden
City."
SECTION
3.
Said
Act is further amended by striking in its entirety Article V and inserting in
lieu thereof the following:
ARTICLE
V
ELECTIONS
SECTION 5.10.
Applicability of General Laws.
ELECTIONS
SECTION 5.10.
Applicability of General Laws.
The
procedures and requirements for election of all elected officials of Garden City
as to primary, special, or general elections shall be in conformity with the
provisions of Chapter 2 of Title 21, the 'Georgia Election Code.'
SECTION
5.11.
Qualifying; Nomination and Election of Candidates; Absentee Ballots.
Qualifying; Nomination and Election of Candidates; Absentee Ballots.
The
city council may, by ordinance, prescribe rules and regulations consistent with
law governing qualifying fees, nomination of candidates, absentee ballots,
write-in votes, challenge of votes, purging of registration lists, and such
other rules and regulations as may be necessary for the conduct of elections in
Garden City.
SECTION
5.12.
Effect of 2009 Charter Amendment on Current and Future Elections.
Effect of 2009 Charter Amendment on Current and Future Elections.
(a)
The method of electing the mayor and the city council which existed immediately
prior to the effective date of this Act shall stay in effect, but on and after
the first Monday after January 1, 2012, the mayor and council shall be
constituted as provided in this Act. The mayor and the city council of Garden
City, Georgia, so constituted shall continue to have the same powers, duties,
rights, obligations, and liabilities as existed immediately prior to the first
Monday after January 1, 2012, subject to the provisions in this
section.
(b) At the municipal election in November, 2009, those four candidates receiving the most votes for the four at-large council member positions which are to be filled pursuant to the terms of the charter in effect immediately prior to the effective date of this Act shall be elected to serve terms of two years or until the election and qualification of their respective successors.
(c) The mayor whose term regularly expires on December 31, 2011, and any person selected to fill a vacancy in any such office shall continue to serve as such until the regular expiration of that term of office and upon the election and qualification of the mayor's successor.
(d) Those members of the city council whose terms regularly expire on December 31, 2011, and any persons selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors.
(e) On and after the first Monday after January 1, 2012, the city council shall consist of seven members, one being the mayor. Five members shall be elected from council districts described in Section 5.13 of this charter. One member shall be elected at large as provided in Sections 5.14 and 5.15 of this charter. The mayor shall be elected at large as provided in Sections 5.13 and 5.15 of this charter.
(b) At the municipal election in November, 2009, those four candidates receiving the most votes for the four at-large council member positions which are to be filled pursuant to the terms of the charter in effect immediately prior to the effective date of this Act shall be elected to serve terms of two years or until the election and qualification of their respective successors.
(c) The mayor whose term regularly expires on December 31, 2011, and any person selected to fill a vacancy in any such office shall continue to serve as such until the regular expiration of that term of office and upon the election and qualification of the mayor's successor.
(d) Those members of the city council whose terms regularly expire on December 31, 2011, and any persons selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors.
(e) On and after the first Monday after January 1, 2012, the city council shall consist of seven members, one being the mayor. Five members shall be elected from council districts described in Section 5.13 of this charter. One member shall be elected at large as provided in Sections 5.14 and 5.15 of this charter. The mayor shall be elected at large as provided in Sections 5.13 and 5.15 of this charter.
SECTION
5.13.
Districting.
Districting.
(a)
For purposes of electing members of the city council other than the mayor and
the at-large council member, the city shall be divided into five council
districts. One member of the council shall be elected from each such district.
The five council districts shall be and correspond to those five numbered
districts described in the plan attached to and made a part of this Act and
further identified as Plan Name: gc08p5 Plan Type: Local User: Staff
Administrator: Garden City.
(b) When used in the above-mentioned attachment, the terms 'Tract' and 'BG (Block Group)' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Garden City which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Garden City which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within the district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia.
(b) When used in the above-mentioned attachment, the terms 'Tract' and 'BG (Block Group)' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Garden City which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Garden City which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within the district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia.
SECTION
5.14.
Qualifications for mayor and the city council members.
Qualifications for mayor and the city council members.
(a)
No persons shall be mayor or a member of the city council if that person is
ineligible for such office pursuant to O.C.G.A. Code Section 45-2-1 of the
O.C.G.A., any other general law applicable to that office, or any provision of
this charter.
(b) In order to be elected or appointed as a member of the city council from a district, that person must have resided in that council district for at least six months prior to the election or appointment thereto and, if elected, must receive a plurality of votes cast for that office in that district only and not at large. Only electors who are residents of the council district may vote for a member of the council for that district. At the time of qualifying for election as a member of the city council for a council district, each candidate for such office shall specify the council district for which that person is a candidate. A person elected or appointed as a member of the city council from a council district must continue to reside in that district during that person's term of office or that office shall become vacant.
(c) In order to be elected or appointed as an at-large member of the city council, a person must have resided in the city for at least one year prior to the election or appointment thereto and, if elected, must receive a plurality of votes cast in the entire city. Only electors who are residents of the city may vote for an at-large member of the council. A person elected or appointed as an at-large member of the city council must continue to reside in the city during that person's term of office or that office shall become vacant.
(d) In order to be elected or appointed as mayor, a person must have resided in the city for at least one year prior to election or appointment thereto and, if elected, must receive a plurality of votes cast for that office in the entire city. The mayor must continue to reside within the city during that person's term of office or that office shall become vacant.
(b) In order to be elected or appointed as a member of the city council from a district, that person must have resided in that council district for at least six months prior to the election or appointment thereto and, if elected, must receive a plurality of votes cast for that office in that district only and not at large. Only electors who are residents of the council district may vote for a member of the council for that district. At the time of qualifying for election as a member of the city council for a council district, each candidate for such office shall specify the council district for which that person is a candidate. A person elected or appointed as a member of the city council from a council district must continue to reside in that district during that person's term of office or that office shall become vacant.
(c) In order to be elected or appointed as an at-large member of the city council, a person must have resided in the city for at least one year prior to the election or appointment thereto and, if elected, must receive a plurality of votes cast in the entire city. Only electors who are residents of the city may vote for an at-large member of the council. A person elected or appointed as an at-large member of the city council must continue to reside in the city during that person's term of office or that office shall become vacant.
(d) In order to be elected or appointed as mayor, a person must have resided in the city for at least one year prior to election or appointment thereto and, if elected, must receive a plurality of votes cast for that office in the entire city. The mayor must continue to reside within the city during that person's term of office or that office shall become vacant.
SECTION
5.15.
Election of the City Council Reconstituted Pursuant to the 2009 Charter Amendment.
Election of the City Council Reconstituted Pursuant to the 2009 Charter Amendment.
The
mayor and members of council reconstituted pursuant to this Act shall be elected
as follows:
(1)
The first members from Council Districts 1, 2, 3, 4, and 5 shall be elected at
the general election on the Tuesday following the first Monday in November,
2011. Those members of the city council elected thereto from Council Districts
1 and 5 in 2011 shall take office the first Monday after the first day of
January immediately following that election and shall serve for initial terms of
office which expire December 31, 2013, and upon the election and qualification
of their respective successors;
(2)
Members of the city council elected thereto from Council Districts 2, 3, and 4
in 2011 shall take office the first Monday after the first day of January
immediately following an election and shall serve for initial terms of office
which expire December 31, 2015, and upon the election and qualification of their
respective successors;
(3)
The first at-large member shall be elected at the general election on the
Tuesday following the first Monday in November, 2011. The at-large member so
elected shall take office the first Monday after the first day of January
immediately following that election. The at-large member shall serve for an
initial term of office which expires on December 31, 2013;
(4)
The mayor shall be elected at the general election on the Tuesday following the
first Monday in November, 2011. The mayor shall take office on the first Monday
after the first day of January immediately following that election and shall
serve for an initial term of office which expires on December 31, 2015, and upon
the election and qualification of the mayor's successor; and
(5)
Those and all future successors to the mayor and members of the city council
whose terms of office are to expire shall be elected at the time of the
municipal general election immediately preceding the expiration of such terms,
shall take office the first Monday after the first day of January immediately
following that election and shall serve for terms of office of four years each.
The mayor and members of the city council shall serve for the terms of office
specified in this section and until their respective successors are elected and
qualified.
SECTION
5.16.
Registration of Electors.
Registration of Electors.
(a)
The council may elect either to maintain its own registration or provide for the
registration of electors by resolution or other appropriate measure stating that
any person who is a resident of the city and who is registered as an elector
with the Board of Registrars of Chatham County and meets the municipal residency
requirements shall be eligible to vote in a primary or
election.
(b) In the event the council does not elect to maintain its own registration, it may nevertheless appoint registrars as provided by law whose duties shall include the purging of the city's list of electors under the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(c) No person shall vote in any Garden City primary or election unless he or she shall be a registered voter, qualified to vote in Chatham County elections, and qualified as required by law to vote in municipal elections in Garden City.
(b) In the event the council does not elect to maintain its own registration, it may nevertheless appoint registrars as provided by law whose duties shall include the purging of the city's list of electors under the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'
(c) No person shall vote in any Garden City primary or election unless he or she shall be a registered voter, qualified to vote in Chatham County elections, and qualified as required by law to vote in municipal elections in Garden City.
SECTION
5.17.
Primary Election for Selection of Mayor and Council by Political Parties Prohibited.
Primary Election for Selection of Mayor and Council by Political Parties Prohibited.
No
political party shall conduct primaries for the purpose of nominating candidates
for the municipal election to elect the mayor and council members. Any person
having the qualifications prescribed to be eligible to serve as mayor or council
member shall become a candidate in the regular general election by filing his or
her notice of candidacy with the municipal superintendent of elections in
accordance with Section 21-2-132 of the O.C.G.A.
SECTION
5.18.
Voter qualifications.
Voter qualifications.
Any
person who is a resident of the city and who is registered as an elector with
the Board of Registrars of Chatham County and meets the municipal residency
requirements shall be eligible to vote in the regular city election. No person
shall vote in any city election unless he or she is a registered voter,
qualified to vote in Chatham County elections, and qualified as required by law
to vote in municipal elections in the city."
SECTION
4.
Said
Act is further amended by striking in their entirety Sections 6.31 and 6.32 of
Article VI and inserting in lieu thereof the following:
"SECTION
6.31.
Submission of Operating Budget to the City Council.
Submission of Operating Budget to the City Council.
On
or before a date fixed by the city council, but not later than 30 days prior to
the beginning of each fiscal year, the city manager shall submit to the city
council a proposed operating budget for the ensuing fiscal year. The budget
shall provide a complete financial plan of all city funds and activities for the
ensuing fiscal year and, except as required by law or this charter, shall be in
such form as the city manager deems desirable or the city council may require
for effective management and an understanding of the relationship between the
budget and the city's strategic goals. The budget shall begin with a clear
general summary of its contents; shall show in detail all estimated income,
indicating the proposed property tax levy, and all proposed expenditures,
including debt service, for the ensuing fiscal year; and shall be so arranged as
to show comparative figures for actual and estimated income and expenditures of
the current fiscal year and actual income and expenditures of the preceding
fiscal year. It shall indicate in separate sections the following:
(1)
The proposed goals and expenditures for current operations during the ensuing
fiscal year, detailed for each fund by department or by other organization
group, and program, purpose or activity, method of financing such expenditures,
and methods to measure outcomes and performance related to the goals;
(2)
Proposed longer term goals and capital expenditures during the ensuing fiscal
year, detailed for each fund by department or by other organization unit when
practicable, the proposed method of financing each such capital expenditure, and
methods to measure outcomes and performance related to the goals;
and
(3)
The proposed goals, anticipated income and expense, and profit and loss for the
ensuing year for each utility or other enterprise fund or internal service fund
operated by the city and methods to measure outcomes and performance related to
the goals. For any fund, the total of proposed expenditures shall not exceed
the total of estimated income plus carried forward fund balances exclusive of
reserves.
SECTION
6.32.
The City Council Action on Budget.
The City Council Action on Budget.
(a)
The city council may amend the operating budget proposed by the city manager,
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, and the total
appropriations from any fund shall not exceed the estimated fund balance,
reserves, and revenues.
(b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than seven days prior to the beginning thereof. 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 council adopts the budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance or resolution setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity.
(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.
(d) Prior to council's adoption of the budget, the requirements for advertising and public hearings on the proposed budget shall be as follows:
(b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than seven days prior to the beginning thereof. 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 council adopts the budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance or resolution setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity.
(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.
(d) Prior to council's adoption of the budget, the requirements for advertising and public hearings on the proposed budget shall be as follows:
(1)
On the day the proposed budget is submitted to the city council for
consideration, a copy of the budget shall be placed in a public location which
is convenient to the residents of the city. The city council shall provide
convenient access to the location during reasonable business hours so as to
provide the public with ample opportunity to review the budget prior to its
adoption. A copy of the proposed budget must also be made available, upon
request, to the news media;
(2)
A statement advising the city's residents of the availability of the proposed
budget shall be published during the week in which the proposed budget is
submitted to the city council. The statement shall advise the residents that a
public hearing will be held on the proposed budget at which time any persons
wishing to be heard on the budget may appear. The statement published in the
newspaper having general circulation within the city shall be a prominently
displayed advertisement or news article, and it shall not be placed merely in
the section of the newspaper reserved for legal notices;
(3)
At least one week prior to the meeting of the city council at which adoption of
the budget ordinance or resolution shall be considered, the city council shall
conduct a public hearing, at which time any person wishing to be heard on the
budget may appear; and
(4)
The city council shall publish notice of the time and place of the required
budget hearing at least one week before the hearing date. The notice which is
published in a newspaper having general circulation within the city shall be a
prominently displayed advertisement or news article, and it shall not be placed
in the section of the newspaper reserved for legal notices.
(e)
On a date after the conclusion of the hearing required in paragraph (3) of
subsection (c) of this section, the city council shall adopt a budget ordinance
or resolution setting out the estimated revenues in detail by sources and making
appropriations according to fund and by organizational unit, purpose, or
activity in such sums as the council may deem sufficient, whether greater or
less than the sums presented in the proposed budget. The budget ordinance or
resolution shall be adopted at a public meeting which shall be advertised in
accordance with the procedures set forth in such paragraph at least one week
prior to the meeting.
(f) The budget may be prepared in any form that the city council deems most efficient in enabling it to make the fiscal policy decisions embodied in the budget, but such budget shall be subject to the provisions of this charter, any applicable city ordinance, and state law."
(f) The budget may be prepared in any form that the city council deems most efficient in enabling it to make the fiscal policy decisions embodied in the budget, but such budget shall be subject to the provisions of this charter, any applicable city ordinance, and state law."
SECTION
5.
Said
Act is further amended by adding to Article VI a new section to read as
follows:
"SECTION
6.35.
Capital Budget.
Capital Budget.
(a)
On or before the date fixed by the city council but no later than 30 days prior
to the beginning of each fiscal year, the city manager 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.
(b) The city council shall adopt by ordinance or resolution the final capital budget for the ensuing fiscal year not later than seven days prior to the beginning thereof. 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, the city manager 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 or resolution."
(b) The city council shall adopt by ordinance or resolution the final capital budget for the ensuing fiscal year not later than seven days prior to the beginning thereof. 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, the city manager 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 or resolution."
SECTION
6.
All
ordinances, resolutions, and rules and regulations now in force in the city not
inconsistent with this Act hereby declared valid and of full effect and force
until amended or repealed by the city council.
SECTION
7.
If
any article, section, subsection, paragraph, sentence, or part thereof of this
Act shall be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect or impair other parts of this Act 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 Act that each article, section, subsection, paragraph,
sentence, or part thereof be enacted separately and independent of each
other.
SECTION
8.
The
governing authority of Garden City shall through its legal counsel cause this
Act to be submitted for preclearance under the federal Voting Rights Act of
1965, as amended; such submission shall be made to the United States Department
of Justice or filed with the appropriate court no later than 45 days after the
date on which this Act is approved by the Governor or otherwise becomes law
without such approval.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.
