Bill Text: GA HB598 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Lumpkin, City of; provide new charter
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-05-11 - Effective Date [HB598 Detail]
Download: Georgia-2009-HB598-Introduced.html
Bill Title: Lumpkin, City of; provide new charter
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-05-11 - Effective Date [HB598 Detail]
Download: Georgia-2009-HB598-Introduced.html
09 LC 35
1276
House
Bill 598
By:
Representative Hanner of the
148th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a new charter for the City of Lumpkin; to provide for incorporation,
boundaries, and powers of the city; to provide for a governing authority of such
city and the powers, duties, authority, election, terms, vacancies,
compensation, expenses, qualifications, prohibitions, conflicts of interest, and
suspension and removal from office relative to members of such governing
authority; to provide for inquiries and investigations; to provide for oaths,
organization, meetings, quorum, voting, rules, and procedures; to provide for
ordinances and codes; to provide for a mayor and certain duties, powers, and
other matters relative thereto; to provide for administrative affairs and
responsibilities; to provide for boards, commissions, and authorities; to
provide for a city attorney, a city clerk, and other personnel and matters
relating thereto; to provide for rules and regulations; to provide for a
municipal court and the judge or judges thereof and other matters relative to
those judges; to provide for the court's jurisdiction, powers, practices, and
procedures; to provide for the right of certiorari; to provide for elections; to
provide for taxation, licenses, and fees; to provide for franchises, service
charges, and assessments; to provide for bonded and other indebtedness; to
provide for auditing, accounting, budgeting, and appropriations; to provide for
city contracts and purchasing; to provide for the conveyance of property and
interests therein; to provide for bonds for officials; to provide for prior
ordinances and rules, pending matters, and existing personnel; to provide for
penalties; to provide for definitions and construction; to provide for other
matters relative to the foregoing; to repeal a specific Act; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I
INCORPORATION AND POWERS
SECTION 1.10.
Name.
INCORPORATION AND POWERS
SECTION 1.10.
Name.
This
city and the inhabitants thereof are constituted and declared a body politic and
corporate under the name and style Lumpkin, Georgia, and by that name shall have
perpetual succession.
SECTION
1.11.
Corporate boundaries.
Corporate boundaries.
(a)
The boundaries of this city shall be those existing on the effective date of the
adoption of this charter with such alterations as may be made from time to time
in the manner provided by law. The boundaries of this city at all times shall
be shown on a map, a written description, or any combination thereof, to be
retained permanently in the office of city clerk and to be designated, as the
case may be: "Official Map of the corporate limits of the City of Lumpkin,
Georgia." Photographic, typed, or other copies of such map or description
certified by the city clerk shall be admitted as evidence in all courts and
shall have the same force and effect as with the original map or
description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION
1.12.
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 this state 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.
The
powers of the city shall include, but shall not be limited to:
(1)
Animal regulations. To regulate and license or to prohibit the keeping or
running at large of animals and fowl and to provide for the impoundment of same
if in violation of any ordinance or lawful order; to provide for the disposition
by sale, gift, or humane destruction of animals and fowl when not redeemed as
provided by ordinance; and to provide punishment for violation of ordinances
enacted under this charter;
(2)
Appropriations and expenditures. To make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes
authorized by this charter and for any purpose for which a municipality is
authorized by the laws of the State of Georgia; and to provide for the payment
of expenses of the city;
(3)
Building regulation. To regulate and to license the erection and construction of
buildings and all other structures; to adopt building, housing, plumbing,
electrical, gas, and heating and air-conditioning codes; and to regulate all
housing and building trades;
(4)
Business regulation and taxation. To levy and to provide for collection of
regulatory fees and taxes on privileges, occupations, trades, and professions as
authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or
may hereafter be enacted; to permit and regulate the same; to provide for the
manner and method of payment of such regulatory fees and taxes; and to revoke
such permits after due process for failure to pay any city taxes or
fees;
(5)
Condemnation. To condemn property, inside or outside the corporate limits of the
city, for present or future use and for any corporate purpose deemed necessary
by the governing authority, utilizing procedures enumerated in Title 22 of the
O.C.G.A. or such other applicable laws as are now or may hereafter be
enacted;
(6)
Contracts. To enter into contracts and agreements with other governmental
entities and with private persons, firms, and corporations;
(7)
Emergencies. To establish procedures for determining and proclaiming that an
emergency situation exists within or 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;
(8)
Environmental protection. To protect and preserve the natural resources,
environment, and vital areas of the state through the preservation and
improvement of air quality, the restoration and maintenance of water resources,
the control of erosion and sedimentation, the management of solid and hazardous
waste, and other necessary actions for the protection of the
environment;
(9)
Fire regulations. To fix and establish fire limits and from time to time to
extend, enlarge, or restrict the same; to prescribe fire safety regulations not
inconsistent with general law, relating to both fire prevention and detection
and to fire fighting; and to prescribe penalties and punishment for violations
thereof;
(10)
Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash
collection and disposal and other sanitary service charge, tax, or fee for such
services as may be necessary in the operation of the city from all individuals,
firms, and corporations residing in or doing business in the city benefiting
from such services; to enforce the payment of such charges, taxes, or fees; and
to provide for the manner and method of collecting such service
charges;
(11)
General health, safety, and welfare. To define, regulate, and prohibit any act,
practice, conduct, or use of property which is detrimental to health,
sanitation, cleanliness, welfare, and safety of the inhabitants of the city and
to provide for the enforcement of such standards;
(12)
Gifts. To accept or refuse gifts, donations, bequests, or grants from any source
for any purpose related to powers and duties of the city and the general welfare
of its citizens, on such terms and conditions as the donor or grantor may
impose;
(13)
Health and sanitation. To prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(14)
Jail sentences. To provide that persons given jail sentences in the municipal
court may work out such sentences in any public works or on the streets, roads,
drains, and other public property in the city; to provide for commitment of such
persons to any jail; or to provide for commitment of such persons to any county
work camp or county jail by agreement with the appropriate county officials; to
provide that persons may be sentenced to pretrial diversion programs and any
sentencing alternative allowed by law;
(15)
Motor vehicles. To regulate the operation of motor vehicles and exercise control
over all traffic, including parking upon or across the streets, roads, alleys,
and walkways of the city;
(16)
Municipal agencies and delegation of power. To create, alter, or abolish
departments, boards, offices, commissions, and agencies of the city and to
confer upon such agencies the necessary and appropriate authority for carrying
out all the powers conferred upon or delegated to the same;
(17)
Municipal debts. To appropriate and borrow money for the payment of debts of the
city and to issue bonds for the purpose of raising revenue to carry out any
project, program, or venture authorized by this charter or the laws of the State
of Georgia;
(18)
Municipal property ownership. To acquire, dispose of, lease, and hold in trust
or otherwise any real, personal, or mixed property, in fee simple or lesser
interest, inside or outside the property limits of the city;
(19)
Municipal property protection. To provide for the preservation and protection of
property and equipment of the city and the administration and use of same by the
public; and to prescribe penalties and punishment for violations
thereof;
(20)
Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and
dispose of public utilities, including, but not limited to, a system of
waterworks, sewers and drains, sewage disposal, gas works, electric light
plants, cable television and other telecommunications, transportation
facilities, public airports, and any other public utility; and to fix the taxes,
charges, rates, fares, fees, assessments, regulations, and penalties and to
provide for the withdrawal of service for refusal or failure to pay the
same;
(21)
Nuisance. To define a nuisance and provide for its abatement whether on public
or private property;
(22)
Penalties. To provide penalties for violation of any ordinances adopted pursuant
to the authority of this charter and the laws of the State of
Georgia;
(23)
Planning and zoning. To provide comprehensive city planning for development by
zoning; and to provide subdivision regulation and the like as the city council
deems necessary and reasonable to ensure a safe, healthy, and esthetically
pleasing community;
(24)
Police and fire protection. To exercise the power of arrest through duly
appointed police officers and to establish, operate, or contract for a police
and a fire-fighting agency;
(25)
Public hazards; removal. To provide for the destruction and removal of any
building or other structure which is or may become dangerous or detrimental to
the public;
(26)
Public improvements. To provide for the acquisition, construction, building,
operation, and maintenance of public ways, parks and playgrounds, public
grounds, recreational facilities, cemeteries, markets and market houses, public
buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical
systems, gas systems, other public utilities, public housing, airports,
hospitals, terminals, docks, parking facilities, and charitable, cultural,
educational, recreational, conservation, sport, curative, corrective,
detentional, penal, and medical institutions, agencies, and facilities; and to
provide any other public improvements, inside or outside the corporate limits of
the city; to regulate the use of public improvements; and, for such purposes,
property may be acquired by condemnation under Title 22 of the O.C.G.A. or such
other applicable laws as are now or may hereafter be enacted;
(27)
Public peace. To provide for the prevention and punishment of drunkenness,
loitering, disorderly conduct, riots, and public disturbances or other
violations of public peace;
(28)
Public transportation. To organize and operate such public transportation
systems as are deemed beneficial;
(29)
Public utilities and services. To grant franchises or make contracts for or
impose taxes on public utilities and public service companies and to prescribe
the rates, fares, regulations, and standards and conditions of service
applicable to the service to be provided by the franchise grantee or contractor,
insofar as not in conflict with valid regulations of the Georgia Public Service
Commission;
(30)
Regulation of roadside areas. To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings,
and any and all other structures or obstructions upon or adjacent to the rights
of way of streets and roads or within view thereof, within or abutting the
corporate limits of the city; and to prescribe penalties and punishment for
violation of such ordinances;
(31)
Retirement. To provide and maintain a retirement plan for officers and employees
of the city and other employee benefit plans and programs;
(32)
Roadways. To lay out, open, extend, widen, narrow, establish or change the grade
of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or
otherwise improve, maintain, repair, clean, prevent erosion of, and light the
roads, alleys, and walkways within the corporate limits of the city; and to
grant franchises and rights of way throughout the streets and roads and over the
bridges and viaducts for the use of public utilities; and to require real estate
owners to repair and maintain in a safe condition the sidewalks adjoining their
lots or lands and to impose penalties for failure to do so;
(33)
Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the
acquiring, constructing, equipping, operating, maintaining, and extending of a
sewage disposal plant and sewerage system and to levy on those to whom sewers
and sewerage systems are made available a sewer service fee, charge, or sewer
tax for the availability or use of the sewers; to provide for the manner and
method of collecting such service charges and for enforcing payment of the same;
and to charge, impose, and collect a sewer connection fee or fees to those
connected with the system;
(34)
Solid waste disposal. To provide for the collection and disposal of garbage,
rubbish, and refuse and to regulate the collection and disposal of garbage,
rubbish, and refuse by others; and to provide for the separate collection of
glass, tin, aluminum, cardboard, paper, and other recyclable materials and to
provide for the sale of such items;
(35)
Special areas of public regulation. To regulate or prohibit junk dealers, pawn
shops, the manufacture, sale, or transportation of any intoxicating liquors, and
the use 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 license, tax, regulate, or prohibit
professional fortunetelling, palmistry, adult bookstores, massage parlors, and
other places of adult entertainment;
(36)
Special assessments. To levy and provide for the collection of special
assessments to cover the costs for any public improvements;
(37)
Taxes: ad valorem. To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation;
(38)
Taxes: other. To levy and collect such other taxes as may be allowed now or in
the future by law;
(39)
Taxicabs. To regulate and license vehicles operated for hire in the city; to
limit the number of such vehicles; to require the operators thereof to be
licensed; to require public liability insurance on such vehicles in the amounts
to be prescribed by ordinance; and to regulate the parking of such
vehicles;
(40)
Urban redevelopment. To organize and operate an urban redevelopment program;
and
(41)
Other powers. To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or protect the
safety, health, peace, security, good order, comfort, convenience, or general
welfare of the city and its inhabitants; and to exercise all implied powers
necessary or desirable to carry into execution all powers granted in this
charter as fully and completely as if such powers were fully stated 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.
ARTICLE
II
GOVERNMENT STRUCTURE
SECTION 2.10.
City council creation; number; election.
GOVERNMENT STRUCTURE
SECTION 2.10.
City council creation; number; election.
The
legislative authority of the government of this city, except as otherwise
specifically provided in this charter, shall be vested in a city council to be
composed of a mayor and six councilmembers. The city council established in
this charter shall in all respects be a successor to and continuation of the
city governing authority under prior law. The mayor and councilmembers shall be
elected in the manner provided by this charter. The councilmembers shall be
elected at large by the qualified voters of the city in accordance with the
provisions of Article V of this charter. The mayor shall be elected as provided
in Section 2.27 of this charter.
SECTION
2.11.
City council terms
and qualifications for office.
City council terms
and qualifications for office.
The
members of the city council shall serve for terms of four years and until their
respective successors are elected and qualified. No person shall be eligible to
serve as councilmember unless that person is at least 21 years of age, has
obtained a high school diploma or GED, has no prior felony convictions at the
time of qualification, has been a resident of the city for 12 months prior to
the date of election of members of the council, and owes the city no taxes or
fees. Each councilmember shall continue to reside in the city during that
councilmember's period of service and shall be registered and qualified to vote
in municipal elections of this city.
SECTION
2.12.
Vacancy; filling of vacancies.
Vacancy; filling of vacancies.
(a)
Vacancies – The office of mayor or councilmember shall become vacant upon
such person's failing or ceasing to reside in the city or upon the occurrence of
any event specified by the Constitution, Title 45 of the O.C.G.A., or such other
applicable laws as are or may hereafter be
enacted.
(b) Filling of vacancies – A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted.
(c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.
(b) Filling of vacancies – A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted.
(c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.
SECTION
2.13.
Compensation and expenses.
Compensation and expenses.
The
mayor and councilmembers shall receive compensation and expenses for their
services as provided by ordinance.
SECTION
2.14.
Conflicts of interest; holding other offices.
Conflicts of interest; holding other offices.
(a)
Officers as trustees – Elected and appointed officers of the city are
trustees and servants of the residents of the city and shall act in a fiduciary
capacity for the benefit of such
residents.
(b) Conflict of interest – No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(b) Conflict of interest – No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1)
Engage in any business or transaction or have a financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge of
that person's official duties or which would tend to impair the independence of
that person's judgment or action in the performance of that person's official
duties;
(2)
Engage in or accept private employment or render services for private interests
when such employment or service is incompatible with the proper discharge of
that person's official duties or would tend to impair the independence of that
person's judgment or action in the performance of that person's official
duties;
(3)
Disclose confidential information, including information obtained at meetings
which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning
the property, government, or affairs of the governmental body by which that
person is engaged without proper legal authorization or use such information to
advance the financial or other private interest of that person or
others;
(4)
Accept any valuable gift, whether in the form of service, loan, thing, or
promise, from any person, firm, or corporation which to that person's knowledge
is interested, directly or indirectly, in any manner whatsoever, in business
dealings with the governmental body by which that person is engaged; provided,
however, that an elected official who is a candidate for public office may
accept campaign contributions and services in connection with any such
campaign;
(5)
Represent other private interests in any action or proceeding against this city
or any portion of its government; or
(6)
Vote or otherwise participate in the negotiation or in the making of any
contract with any business or entity in which that person has a financial
interest.
(c)
Disclosure – Any elected official, appointed officer, or employee who
shall have any financial interest, directly or indirectly, in any contract or
matter pending before or within any department of the city shall disclose such
interest to the city council. The mayor or any councilmember who has a
financial interest in any matter pending before the city council shall disclose
such interest and such disclosure shall be entered on the records of the city
council, and that person shall disqualify himself or herself from participating
in any decision or vote relating thereto. Any elected official, appointed
officer, or employee of any agency or political entity to which this charter
applies who shall have any financial interest, directly or indirectly, in any
contract or matter pending before or within such entity shall disclose such
interest to the governing body of such agency or
entity.
(d) Use of public property – No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts voidable and rescindable – Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council.
(f) Ineligibility of elected official – Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected.
(g) Political activities of certain officers and employees – No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise.
(h) Penalties for violation.
(d) Use of public property – No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts voidable and rescindable – Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council.
(f) Ineligibility of elected official – Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected.
(g) Political activities of certain officers and employees – No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise.
(h) Penalties for violation.
(1)
Any city officer or employee who knowingly conceals such financial interest or
knowingly violates any of the requirements of this section shall be guilty of
malfeasance in office or position and shall be deemed to have forfeited that
person's office or position.
(2)
Any officer or employee of the city who shall forfeit that person's office or
position as described in paragraph (1) of this subsection shall be ineligible
for appointment or election to or employment in a position in the city
government for a period of three years thereafter.
SECTION
2.15.
Inquiries and investigations.
Inquiries and investigations.
Following
the adoption of an authorizing resolution, the city council may make inquiries
and investigations into the affairs of the city and 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 may be provided by
ordinance.
SECTION
2.16.
General power and authority of the city council.
General power and authority of the city council.
(a)
Except as otherwise provided by law or this charter, the city council shall be
vested with all the powers of government of this
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, rules, and regulations, not inconsistent with this charter and 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 Lumpkin and may enforce such ordinances by imposing penalties for violation thereof.
(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, rules, and regulations, not inconsistent with this charter and 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 Lumpkin and may enforce such ordinances by imposing penalties for violation thereof.
SECTION
2.17.
Eminent domain.
Eminent domain.
The
city council is hereby 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
2.18.
Newly elected mayor and councilmembers;
oath of office.
Newly elected mayor and councilmembers;
oath of office.
At
a regularly scheduled meeting, the newly elected mayor and councilmembers shall
be presented to the city council to have the oath of office administered. The
meeting shall be called to order by the city clerk, and the oath of office shall
be administered to the newly elected mayor and councilmembers by a judicial
officer authorized to administer oaths and shall, to the extent that it comports
with federal and state law, be as follows:
"I
do solemnly swear or affirm that I will faithfully perform the duties of
(mayor)(councilmember) of this city and that I will support and defend the
charter thereof as well as the Constitution and laws of the State of Georgia and
of the United States of America. 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] the City of Lumpkin 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 Lumpkin to the best
of my ability without fear, favor, affection, reward, or expectation
thereof."
SECTION
2.19.
Regular and special meetings.
Regular and special meetings.
(a)
The city council shall hold regular meetings at such times and places as shall
be prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
(b) Special meetings of the city council may be held on call of the mayor or members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION
2.20.
Rules of procedure.
Rules of procedure.
(a)
The city council shall adopt its rules of procedure and order of business
consistent with the provisions of this charter and shall provide for keeping of
a journal of its proceedings, which shall be a public
record.
(b) All committees and committee chairpersons and officers of the city council 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 chairpersons and officers of the city council 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
2.21.
Quorum; voting.
Quorum; voting.
(a)
Four councilmembers shall constitute a quorum and shall be authorized to
transact business of the city council. Voting on the adoption of ordinances
shall be by voice vote, and the vote shall be recorded in the journal, but any
member of the city council shall have the right to request a roll-call vote, and
such vote shall be recorded in the journal. Except as otherwise provided in this
charter, the affirmative vote of four councilmembers 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 city council for official action except when such councilmember 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 city council for official action except when such councilmember 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
2.22.
Ordinance form; procedures.
Ordinance form; procedures.
(a)
Every proposed ordinance should be introduced in writing and in the form
required for final adoption. No ordinance shall contain a subject which is not
expressed in its title. The enacting clause shall be "It is hereby ordained by
the governing authority of the City of Lumpkin" and every ordinance shall so
begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.
SECTION
2.23.
Action requiring an ordinance.
Action requiring an ordinance.
Acts
of the city council which have the force and effect of law shall be enacted by
ordinance.
SECTION
2.24.
Emergencies.
Emergencies.
(a)
To meet a public emergency affecting life, health, property, or public peace,
the city council may convene on call of the mayor and councilmembers and may
promptly adopt an emergency ordinance, but such ordinance shall not levy taxes;
grant, renew, or extend a franchise; regulate the rate charged by any public
utility for its services; or authorize the borrowing of money except for loans
to be repaid within 30 days. An emergency ordinance shall be introduced in the
form prescribed for ordinances generally, except that it shall be plainly
designated as an emergency ordinance and shall contain, after the enacting
clause, a declaration stating that an emergency exists and describing the
emergency in clear and specific terms. An emergency ordinance may be adopted,
with or without amendment, or rejected at the meeting at which it is introduced,
but the affirmative vote of at least four councilmembers shall be required for
adoption. It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically stand repealed 30
days following the date upon which it was adopted, but this shall not prevent
reenactment of the ordinance in the manner specified in this section if the
emergency still exists. An emergency ordinance may also be repealed by adoption
of a repealing ordinance in the same manner specified in this section for
adoption of emergency ordinances.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. 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
2.25.
Codes of technical regulations.
Codes of technical regulations.
(a)
The city council may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and requirements
governing such adopting ordinance shall be as prescribed for ordinances
generally except that:
(1)
The requirements of subsection (b) of Section 2.22 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 city clerk pursuant to
Section 2.26 of this charter.
(b)
Copies of any adopted code of technical regulations shall be made available by
the city clerk for inspection by the public.
SECTION
2.26.
Signing; authenticating; recording; codification; printing.
Signing; authenticating; recording; codification; printing.
(a)
The city clerk shall authenticate by the city clerk's signature and record in
full in a properly indexed book kept for that purpose all ordinances adopted by
the city council.
(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Lumpkin, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Lumpkin, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION
2.27.
Election of mayor; forfeiture; compensation.
Election of mayor; forfeiture; compensation.
The
mayor shall be elected and serve for a term of four years and until a successor
is elected and qualified. The mayor shall be a qualified elector of this city
and shall be at least 21 years of age, have obtained a high school diploma or
GED, have no prior felony convictions at the time of qualification, shall have
been a resident of the city for 12 months prior to the date of election, owe the
city no taxes or fees, and be qualified to vote in municipal elections of this
city. The mayor shall continue to reside in this city during the period of
service. The mayor shall forfeit the office on the same grounds and under the
same procedure as for councilmembers. The compensation of the mayor shall be
established in the same manner as for councilmembers.
SECTION
2.28.
Chief executive officer.
Chief executive officer.
The
mayor shall be the chief executive of this city. The mayor shall possess all of
the executive and administrative power granted to the city under the
Constitution and laws of the State of Georgia and all the executive and
administrative powers contained in this charter.
SECTION
2.29.
Powers and duties of mayor.
Powers and duties of mayor.
As
the chief executive of this city, the mayor shall:
(1)
See that all laws and ordinances of the city are faithfully
executed;
(2)
Appoint and remove all officers, department heads, and employees of the city,
except as otherwise provided in this charter;
(3)
Exercise supervision over all executive and administrative work of the city and
provide for the coordination of administrative activities;
(4)
Prepare and submit to the councilmembers a recommended operating budget and
capital budget;
(5)
Submit to the councilmembers at least once a year a statement covering the
financial conditions of the city and from time to time such other information as
the councilmembers may request;
(6)
Recommend to the councilmembers such measures relative to the affairs of the
city, improvement of the government, and promotion of the welfare of its
inhabitants as the mayor may deem expedient;
(7)
Call special meetings of the councilmembers as provided for in subsection (b) of
Section 2.19 of this charter;
(8)
Approve or disapprove ordinances as provided in Section 2.31 of this
charter;
(9)
Provide for an annual audit of all accounts of the city;
(10)
Require any department or agency of the city to submit written reports whenever
the mayor deems it expedient; and
(11)
Perform such other duties as may be required by law, this charter, or
ordinance.
SECTION
2.30.
Limitation on terms of service.
Limitation on terms of service.
No
mayor elected and qualified for two terms shall be eligible for the succeeding
term.
SECTION
2.31.
Submission of ordinances to the mayor; veto power.
Submission of ordinances to the mayor; veto power.
(a)
Every ordinance adopted by the city council shall be presented promptly by the
city clerk to the mayor.
(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of five members, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
(b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of five members, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.
ARTICLE
III
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
Administrative and service departments.
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
Administrative and service departments.
(a)
Except as otherwise provided in this charter, the city council by ordinance
shall prescribe the functions or duties and establish, abolish, alter,
consolidate, or leave vacant all nonelective offices, positions of employment,
departments, and agencies of the city as necessary for the proper administration
of the affairs and government of this
city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency.
(e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency.
(e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
SECTION
3.11.
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 city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office; such oath shall be prescribed by ordinance and administered by the mayor.
(g) All board members serve at will and may be removed at any time by a vote of four members of the city council unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson 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 city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the city clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office; such oath shall be prescribed by ordinance and administered by the mayor.
(g) All board members serve at will and may be removed at any time by a vote of four members of the city council unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson 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
mayor shall appoint a city attorney, together with such assistant city attorneys
as may be authorized, and shall provide for the payment of such attorney or
attorneys for services rendered to the city. The city attorney shall be
responsible for providing for the representation and defense of the city in all
litigation in which the city is a party; may be the prosecuting officer in the
municipal court; shall attend the meetings of the city council as directed;
shall advise the mayor and other officers and employees of the city concerning
legal aspects of the city's affairs; and shall perform such other duties as may
be required by virtue of such person's position as city attorney. The city
attorney shall not be a public official of the city and shall not take an oath
of office. The city attorney shall at all times be an independent contractor.
A law firm, rather than an individual, may be designated as the city
attorney.
SECTION
3.13.
City clerk.
City clerk.
The
city council shall appoint a city clerk who shall not be a councilmember. The
city clerk shall be custodian of the official city seal and city records;
maintain city council records required by this charter; and perform such other
duties as may be required by the city council.
SECTION
3.14.
Position classification and pay plans.
Position classification and pay plans.
The
mayor shall be responsible for the preparation of a position classification and
pay plan which shall be submitted to the city council for approval. Such plan
may apply to all employees of the city and any of its agencies, departments,
boards, commissions, or authorities. When a pay plan has been adopted, the city
council shall not increase or decrease the salary range applicable to any
position except by amendment of such pay plan. For purposes of this section, all
elected and appointed city officials are not city employees.
SECTION
3.15.
Personnel policies.
Personnel policies.
All
employees serve at will and may be removed from office at any time unless
otherwise provided by ordinance.
ARTICLE
IV
JUDICIAL BRANCH
SECTION 4.10.
Creation; name.
JUDICIAL BRANCH
SECTION 4.10.
Creation; name.
There
shall be a court to be known as the Municipal Court of the City of Lumpkin and
shall enjoy all jurisdiction and powers granted to municipal courts by
law.
SECTION
4.11.
Chief judge; associate judge.
Chief judge; associate judge.
(a)
The municipal court shall be presided over by a chief judge and such part-time,
full-time, or stand-by judges as shall be provided by
ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until successors are appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be removed from office for cause at any time by the city council. For cause means failure to perform according to the rules and regulations of the Judicial Qualifications Commission of Georgia or being convicted of an offense involving a felony or moral turpitude.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until successors are appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be removed from office for cause at any time by the city council. For cause means failure to perform according to the rules and regulations of the Judicial Qualifications Commission of Georgia or being convicted of an offense involving a felony or moral turpitude.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
SECTION
4.12.
Convening.
Convening.
The
municipal court shall be convened at regular intervals as provided by ordinance
or by order of the court.
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, provided that such punishment shall not exceed $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both for city ordinance violations, may impose the maximum imprisonment and fine as provided by Georgia law for state offenses within the jurisdiction of municipal courts, or may fix the maximum punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by Georgia law for municipal courts.
(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 caretaking 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 such 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 that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's 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) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue search warrants and any other lawful warrant for offenses against state laws committed within the city.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both for city ordinance violations, may impose the maximum imprisonment and fine as provided by Georgia law for state offenses within the jurisdiction of municipal courts, or may fix the maximum punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by Georgia law for municipal courts.
(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 caretaking 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 such 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 that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's 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) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue search warrants and any other lawful warrant for offenses against state laws committed within the city.
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 Stewart
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.
With
the approval of the city council, the judge shall have full power and authority
to make reasonable rules and regulations necessary and proper to secure the
efficient and successful administration of the municipal court; provided,
however, that the city council may adopt in part or in toto the rules and
regulations applicable to municipal courts. 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 such
proceedings.
ARTICLE
V
ELECTIONS AND REMOVAL
SECTION 5.10.
Applicability of general law.
ELECTIONS AND REMOVAL
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 city council and mayor.
Election of the city council and mayor.
(a)
There shall be a municipal general election biennially in odd-numbered years on
the Tuesday next following the first Monday in
November.
(b) There shall be elected the mayor and three councilmembers at one election and at every other election thereafter. The remaining councilmember seats shall be filled at the election alternating with the first election so that a continuing body is created. Terms shall be for four years.
(b) There shall be elected the mayor and three councilmembers at one election and at every other election thereafter. The remaining councilmember seats shall be filled at the election alternating with the first election so that a continuing body is created. Terms shall be for four years.
SECTION
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 plurality.
Election by plurality.
The
person receiving a plurality of the votes cast for any city office shall be
elected.
SECTION
5.14.
Special elections; vacancies.
Special elections; vacancies.
In
the event that the office of mayor or councilmember shall become vacant as
provided in Section 2.12 of this charter, the city council or those remaining
shall order a special election to fill the balance of the unexpired term of such
official; provided, however, that if such vacancy occurs within 12 months of the
expiration of the term of that office, the city council or those members
remaining shall appoint a successor for the remainder of the term. In all other
respects, the special election shall be held and conducted in accordance with
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or
hereafter amended.
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 as it deems appropriate to fulfill any
options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia
Election Code."
SECTION
5.16.
Removal of officers.
Removal of officers.
(a)
The mayor, councilmembers, or other appointed officers provided for in this
charter shall be removed from office for any one or more of the causes provided
in Title 45 of the O.C.G.A. or such other applicable laws as are or may
hereafter be enacted.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1)
Following a hearing at which an impartial panel shall render a decision. In the
event an elected officer is sought to be removed by the action of the city
council, such officer shall be entitled to a written notice specifying the
ground or grounds for removal and to a public hearing which shall be held not
less than ten days after the service of such written notice. The city council
shall provide by ordinance for the manner in which such hearings shall be held.
Any elected officer sought to be removed from office as provided in this section
shall have the right of appeal from the decision of the city council to the
Superior Court of Stewart County. Such appeal shall be governed by the same
rules as govern appeals to the superior court from the probate court;
or
(2)
By an order of the Superior Court of Stewart County following a hearing on a
complaint seeking such removal brought by any resident of the City of Lumpkin.
ARTICLE
VI
FINANCE
SECTION 6.10.
Property tax.
FINANCE
SECTION 6.10.
Property tax.
The
city council may assess, levy, and collect an ad valorem tax on all real and
personal property within the corporate limits of the city that is subject to
such taxation by the state and county. 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
6.11.
Millage rate; due dates; payment methods.
Millage rate; due dates; payment methods.
The
city council by ordinance shall establish a millage rate for the city property
tax, a due date, and the time period within which these taxes must be paid. The
city council by ordinance may provide for the payment of these taxes by
installments or in one lump sum, as well as authorize the voluntary payment of
taxes prior to the time when due.
SECTION
6.12.
Occupation and business taxes.
Occupation and business taxes.
The
city council by ordinance shall have the power to levy such occupation or
business taxes as are not denied by law. The city council may classify
businesses, occupations, or professions for the purpose of such taxation in any
way which may be lawful and may compel the payment of such taxes as provided in
Section 6.18 of this charter.
SECTION
6.13.
Regulatory fees; permits.
Regulatory fees; permits.
The
city council by ordinance shall have the power to require businesses or
practitioners doing business in this city to obtain a permit for such activity
from the city and pay a regulatory fee for such permit as provided by general
law. Such fees shall reflect the total cost to the city of regulating the
activity and, if unpaid, shall be collected as provided in Section 6.18 of this
charter.
SECTION
6.14.
Franchises.
Franchises.
(a)
The city council shall have the power to grant franchises for the use of this
city's streets and alleys for the purposes of railroads, street railways,
telephone companies, electric companies, electric membership corporations, cable
television and other telecommunications companies, gas companies, transportation
companies, and other similar organizations. The city council shall determine
the duration, terms, whether the same shall be exclusive or nonexclusive, and
the consideration for such franchises; provided, however, that no franchise
shall be granted for a period in excess of 35 years and no franchise shall be
granted unless the city receives just and adequate compensation therefor. The
city council shall provide for the registration of all franchises with the city
clerk in a registration book kept by the city 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 this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION
6.15.
Service charges.
Service charges.
The
city council by ordinance shall have the power to assess and collect fees,
charges, and tolls for sewers, sanitary and health services, or any other
services provided or made available within and 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
6.18 of this charter.
SECTION
6.16.
Special assessments.
Special assessments.
The
city council by ordinance shall have the power to assess and collect the cost of
constructing, reconstructing, widening, or improving any public way, street,
sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances
from the abutting property owners under such terms and conditions as are
reasonable. If unpaid, such charges shall be collected as provided in Section
6.18 of this charter.
SECTION
6.17.
Construction; other taxes and fees.
Construction; other taxes and fees.
This
city shall be empowered to levy any other tax or fee allowed now or hereafter by
law, and the specific mention of any right, power, or authority in this article
shall not be construed as limiting in any way the general powers of this city to
govern its local affairs.
SECTION
6.18.
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 6.17 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 permits for
failure to pay any city taxes or fees; and providing for the assignment or
transfer of tax executions.
SECTION
6.19.
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 issuance by municipalities in effect at
the time such issue is undertaken.
SECTION
6.20.
Revenue bonds.
Revenue bonds.
Revenue
bonds may be issued by the city council as state law now or hereafter provides.
Such bonds shall be paid out of any revenue produced by the project, program, or
venture for which they were issued.
SECTION
6.21.
Short-term loans.
Short-term loans.
The
city may obtain short-term loans and shall repay such loans not later than
December 31 of each year, unless otherwise provided by law.
SECTION
6.22.
Lease-purchase contracts.
Lease-purchase contracts.
The
city may enter into multiyear lease, purchase, or lease-purchase contracts for
the acquisition of goods, materials, real and personal property, services, and
supplies, provided the contract terminates without further obligation on the
part of the municipality at the close of the calendar year in which it was
executed and at the close of each succeeding calendar year for which it may be
renewed. Contracts shall be executed in accordance with the requirements of
Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or
may hereafter be enacted.
SECTION
6.23.
Fiscal year.
Fiscal year.
The
city council shall set the fiscal year by ordinance. This fiscal year shall
constitute the budget year and the year for financial accounting and reporting
of each and every office, department, agency, and activity of the city
government unless otherwise provided by state or federal law.
SECTION
6.24.
Preparation of budgets.
Preparation of budgets.
The
city council shall provide an ordinance on the procedures and requirements for
the preparation and execution of an annual operating budget, a capital
improvement plan, and a capital budget, including requirements as to the scope,
content, and form of such budgets and plans.
SECTION
6.25.
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 30 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 other pertinent comments and information. The operating budget and
the capital budget provided for in Section 6.29 of this charter, the budget
message, and all supporting documents shall be filed in the office of the city
clerk and shall be open to public inspection.
SECTION
6.26.
Action by city council on budget.
Action by city council on budget.
(a)
The councilmembers may amend the operating budget proposed by the mayor, except
that the budget as finally amended and adopted shall provide for all
expenditures required by state law or by other provisions of this charter and
for all debt service requirements for the ensuing fiscal year. 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 July 31 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then 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 6.24 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than July 31 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then 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 6.24 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION
6.27.
Tax levies.
Tax levies.
The
city council shall levy by ordinance such taxes as are necessary. The taxes and
tax rates set by such ordinance shall be such that reasonable estimates of
revenues from such levy shall at least be sufficient, together with other
anticipated revenues, fund balances, and applicable reserves, to equal the total
amount appropriated for each of the several funds set forth in the annual
operating budget for defraying the expenses of the general government of this
city.
SECTION
6.28.
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 unexpended surplus.
SECTION
6.29.
Capital budget.
Capital budget.
(a)
On or before the date fixed by the city council, but not later than 30 days
prior to the beginning of each fiscal year, the mayor shall submit to the city
council a proposed capital improvements plan with a recommended capital budget
containing the means of financing the improvements proposed for the ensuing
fiscal year. The city council shall have power to accept, with or without
amendments, or reject the proposed plan and budget. The city council shall not
authorize an expenditure for the construction of any building, structure, work,
or improvement unless the appropriations for such project are included in the
capital budget, except to meet a public emergency as provided in Section 2.24 of
this charter.
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than July 31 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than July 31 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION
6.30.
Independent audit.
Independent audit.
There
shall be an annual independent audit of all city accounts, funds, and financial
transactions by a certified public accountant selected by the city council. The
audit shall be conducted according to generally accepted auditing principles.
Any audit of any funds by the state or federal governments may be accepted as
satisfying the requirements of this charter. Copies of annual audit reports
shall be available at printing costs to the public.
SECTION
6.31.
Contracting procedures.
Contracting procedures.
No
contract with the city shall be binding on the city unless:
(1)
It is in writing;
(2)
It is drawn by or submitted and reviewed by the city attorney and, as a matter
of course, is signed by the city attorney to indicate such drafting or review;
and
(3)
It is made or authorized by the city council and such approval is entered in the
city council journal of proceedings pursuant to Sections 2.20 and 2.21 of this
charter.
SECTION
6.32.
Centralized purchasing.
Centralized purchasing.
The
city council shall by ordinance prescribe procedures for a system of centralized
purchasing for the city.
SECTION
6.33.
Sale and lease of city property.
Sale and lease of city property.
(a)
The city council may sell and convey or lease any real or personal property
owned or held by the city for governmental or other purposes as now or hereafter
provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE
VII
GENERAL PROVISIONS
SECTION 7.10.
Prior ordinances.
GENERAL PROVISIONS
SECTION 7.10.
Prior ordinances.
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 or repealed by the city council.
SECTION
7.11.
Existing personnel and officers.
Existing personnel and officers.
Except
as specifically provided otherwise by this charter, all personnel and officers
of this city and their rights, privileges, and powers shall continue beyond the
time this charter takes effect for a period of 120 days before or during which
time the existing city council shall pass a transition ordinance detailing the
changes in personnel and appointed officers required or desired and arranging
such titles, rights, privileges, and powers as may be required or desired to
allow a reasonable transition.
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 are 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.
Severability.
Severability.
If
any article, section, subsection, paragraph, sentence, or part thereof of this
charter shall be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect or impair other parts of this charter
unless it clearly appears that such other parts are wholly and necessarily
dependent upon the part held to be invalid or unconstitutional, it being the
legislative intent in enacting this charter that each article, section,
subsection, paragraph, sentence or part thereof be enacted separately and
independent of each other.
SECTION
7.15.
Repealer.
Repealer.
An
Act incorporating the City of Lumpkin in the County of Stewart, approved March
23, 1977 (Ga. L. 1977, p. 3703), is hereby repealed in its entirety and all
amendatory acts thereto are likewise repealed in their entirety. All other laws
and parts of laws in conflict with this Act are hereby repealed.
SECTION
7.16.
Effective date.
Effective date.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.