11 LC
21 1001
House
Bill 98
By:
Representatives Peake of the
137th,
Epps of the
140th,
and Holmes of the
125th
A
BILL TO BE ENTITLED
AN ACT
To
provide for the unified government of Macon-Bibb, Georgia; to provide for
boundaries and service districts; to provide for a board of commissioners and
the elections, terms, salaries, organization, and vacancies relative to board
members; to provide for a legislative process; to provide for ethics; to provide
for a mayor and the terms, elections, and salary relative to the office of
mayor; to provide for governmental administration; to provide for a judiciary;
to provide for elections and election districts; to provide for revenue and
finance; to provide for taxation; to provide for a homestead exemption from ad
valorem taxation; to provide for procurement and distribution of property; to
provide for the application of laws; to provide for a limitation on claims; to
provide for a retirement system; to provide for powers; to provide for
transition; to provide for the dissolution of existing governments; to provide
for a referendum; to provide for a conditional effective date and automatic
repeal; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I
UNIFICATION, CREATION, BOUNDARIES,
STATUS, AND
POWERS OF UNIFIED
GOVERNMENT
SECTION
1-101.
Unification of county and city;
creation of unified government.
(a)
The governmental and corporate powers, duties, and functions now vested in the
governing authority of the City of Macon, a municipal corporation created by an
Act of the General Assembly of Georgia, approved March 23, 1977 (Ga. L. 1977, p.
3776), as amended, are hereby unified with the governmental and corporate
powers, duties, and functions of Bibb County. This unification shall result in
the creation and establishment of a single county-wide government with powers
and jurisdiction throughout the territorial limits of Bibb County, which single
government shall supersede and replace the governments of the City of Macon and
Bibb County. Said county-wide government shall be a new political entity, a
body politic and corporate, and a political subdivision of the state, to be
known as "Macon-Bibb, Georgia," having all the governmental and corporate
powers, duties, and functions heretofore held by and vested in the City of Macon
and Bibb County, and also the powers, duties, and functions provided in this
charter. If Payne City does not become a part of the unified government as
provided in Section 9-113 of this charter, such unified government shall not
include the municipal corporation of Payne City, Georgia, which shall retain its
charter and maintain the same legal relationship with the unified government as
it had with Bibb County prior to the effective date of this charter, except as
otherwise provided in this charter. The unified government shall be a public
corporation; shall have perpetual existence; shall adopt a common seal; shall,
without the necessity or formality of a deed, bill of sale, or other instrument
of transfer, own, possess, and hold all the properties of whatsoever kind or
nature, assets, contracts, franchises, things, rights, privileges, immunities,
and real and personal property theretofore owned, possessed, enjoyed, or held by
the City of Macon or Bibb County; and by the name of Macon-Bibb, Georgia, shall
be capable of suing and being sued when authorized by this charter and by the
Constitution and laws of the State of Georgia. From and after the effective
date of this charter, the political subdivision known as Bibb County, Georgia;
the municipal corporation known as the City of Macon, Georgia; and, if
applicable, the municipality known as Payne City, Georgia, shall be unified into
the said new political entity created in this
charter.
(b) Macon-Bibb, Georgia shall
encourage the meaningful involvement in its operations of all citizens of
Macon-Bibb. No individual shall be denied any opportunity on the basis of race,
gender, religion, age, disability, or national
origin.
(c) The unification of the
governments of the City of Macon, Payne City, and Bibb County is authorized
pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the
Constitution of Georgia of 1983, as amended.
SECTION
1-102.
Boundaries.
Macon-Bibb,
Georgia, shall embrace the total area included within the existing territorial
limits of Bibb County as such limits are fixed and established on the effective
date of this charter; provided, however, that if Payne City does not become a
part of the unified government as provided in Section 9-113 of this charter,
those areas within the boundaries of Payne City shall be excluded. However,
such limits may be altered and changed from time to time as provided by the
Constitution and laws of the State of Georgia pertaining to counties. That
portion of the City of Macon which lies in Jones County shall not be included in
the area of Macon-Bibb, Georgia, but will remain a part of Jones
County.
SECTION
1-103.
Status as municipal corporation
and county.
Macon-Bibb,
Georgia, shall be deemed to be both a municipal corporation and a county
throughout the total territory of said government. It is the express intention
of this section to declare as a city and as a part of the unified government all
of the area of Bibb County; provided, however, that if Payne City does not
become a part of the unified government as provided in Section 9-113 of this
charter, those areas within the boundaries of Payne City shall be
excluded.
SECTION
1-104.
Powers.
(a)
Macon-Bibb, Georgia, shall have all powers of self-government authorized by the
Constitution and not otherwise prohibited by the laws of
Georgia.
(b) In addition to the
foregoing, the unified government shall have and be vested with, to the same
extent as if herein repeated, all rights, powers, duties, privileges, and
authority that the mayor and Council of the City of Macon or the Commission of
Bibb County, or both, have under the Constitution and general and local laws of
the State of Georgia at the time of adoption of this charter, except as herein
expressly modified. This authority shall include, but shall not be limited to,
the authority to adopt home rule ordinances and resolutions as provided in
Article IX, Section II of the Constitution of the State of
Georgia.
(c) In addition to the
foregoing, the unified government shall have all rights, powers, duties,
privileges, and authority herein conferred or herein enlarged, and such other
rights, powers, duties, privileges, and authority as may be necessary and proper
for carrying the same into execution, and also all rights, powers, duties,
privileges, and authority, whether express or implied, that may be now vested in
or hereafter granted to counties or municipal corporations, or both, by the
Constitution and laws of the State of Georgia, including the powers vested in
the unified government by this
charter.
(d) The unified government,
in addition to the rights, duties, powers, privileges, and authority expressly
conferred upon it by this charter, shall have the right, duty, power, privilege,
and authority to exercise and enjoy all other powers, duties, functions, rights,
privileges, and immunities necessary and proper to promote or protect the
safety, health, peace, security, and general welfare of said government and its
inhabitants and to exercise all implied powers necessary to carry into execution
all powers granted in this charter as fully and completely as if such powers
were fully enumerated herein and to do and perform all of the acts pertaining to
its property, affairs, and local government which are necessary or proper in the
legitimate exercise of its corporate powers and governmental duties and
functions.
(e) No enumeration of any
right, power, privilege, or authority hereinafter made shall be construed as
limiting or abolishing any right, power, privilege, or authority provided in
this section.
(f) In addition to and
supplementary to all other powers which it may possess, and by way of
illustration and not of limitation, the unified government shall have the powers
specifically enumerated in Section 8-114 of this charter.
SECTION
1-105.
Taxing districts.
(a)
The unified government shall divide the county into two or more taxing districts
(herein called "services districts"); provided, however, that at least one of
such districts shall be known as the general services district. The general
services district shall embrace the total geographic area of Bibb County. If
Payne City does not become a part of the unified government as provided in
Section 9-113 of this charter, such general services shall include the area of
Payne City wherein all services provided in the general services area of
Macon-Bibb shall be made available to the citizens of Payne City at the same
rate such services are provided all citizens of the general services area
pursuant to a contract executed between the governments of Payne City and
Macon-Bibb for the amount of $1.00 for a period not to exceed 50 years, as
provided in Article IX, Section III, Paragraph I of the Constitution of the
State of Georgia. In addition, the board of commissioners shall establish at
least one or more urban services districts which shall embrace such territory or
territories for which provision is made by the board for additional or higher
levels of services than are provided uniformly throughout the territory of the
unified government.
(b) Taxes shall be
assessed, levied, and collected in accordance with the kind, character, type,
degree, and level of services provided by the government within said service
districts, and the rate and manner of taxation may vary in any one district from
that in another or other districts.
(c)
The unified government may also establish special services districts which shall
embrace such territory or territories for which provision is made by the board
for additional or higher levels of services provided by the unified
government.
(d) In the establishment
of the first urban services district or districts, the board shall hold two or
more public hearings thereon at which all interested persons affected thereby
shall have an opportunity to be heard. Notice of the time, place, and date of
such hearings shall be published on the official Macon-Bibb web site at least
once a week during the two weeks immediately preceding the date of
hearing.
(e) In the establishment of
special services districts, the board shall hold two or more public hearings
thereon at which all interested persons affected thereby shall have an
opportunity to be heard. Notice of the time, place, and date of such hearings
shall be published on the official Macon-Bibb website at least once a week
during the two weeks immediately preceding the date of
hearing.
(f) The unified government is
hereby empowered to exercise and provide within the general services district
and within any urban and special services district established by this charter
or by ordinance of the board those powers, functions, and services which have
theretofore been exercised and provided by Bibb County or the City of Macon, or
both; all powers, functions, and services authorized by this charter and any
amendments thereto; and all powers, functions, and services which counties or
municipal corporations, or both, are now or are hereafter authorized to exercise
under the Constitution and laws of the State of
Georgia.
(g) The unified government
shall perform within the general services district those governmental duties,
functions, and services which are generally available and accessible to all
residents and businesses throughout the total area of said
government.
(h) The unified government
shall perform within its urban services districts those additional, more
comprehensive and intensive, and higher levels of governmental duties,
functions, and services which benefit primarily the residents of such urban
services districts.
(i) The unified
government shall perform within its special services districts those
additionally selected, more comprehensive, intensive, and higher levels of
governmental duties, functions, and services which benefit primarily the
residents of such special services
districts.
(j) Except as otherwise
provided by this charter, urban and special services districts of the unified
government shall be created, expanded, merged, consolidated, or reduced only by
an ordinance duly adopted by the board under such general rules, procedures,
regulations, requirements, and specifications as established by the board;
provided, however, that no new urban or special service district shall be
created or existing urban or special services district expanded, abolished,
merged, consolidated, or reduced without providing an opportunity for interested
persons to be heard by publishing a notice of at least two public hearings on
the proposed expansion, consolidation, reduction, or creation of an urban or
special services district on the official Macon-Bibb website at least once a
week during the two weeks immediately preceding the date of each hearing. Such
rules and regulations shall set forth the manner and method for the creation of
new urban and special services districts; the expansion, consolidation,
reduction, or merger of existing urban or special services districts;
requirements for defining functions and policies for rendering services; changes
in levels of services within existing services districts; the transfer of
territory from one services district to another; requirements for defining
boundaries of services districts; procedures for the expansion, reduction, or
consolidation of existing services districts; and requirements for defining
boundaries of services districts.
(k)
The unified government is empowered to create new services and eliminate
existing services by the same procedures and methods stated
above.
(l) Citizens of any area in the
county may request additional services by petitioning the unified government
according to the rules, procedures, and guidelines established by the unified
government. The unified government shall hold public hearings as outlined in
the services district modification procedure stated above and shall consider all
comments received prior to reaching a final decision.
SECTION
1-106.
Construction.
The
powers of the unified government shall be construed liberally in favor of the
unified government. The specific mention or failure to mention particular
powers in this charter shall not be construed as limiting in any way the general
powers of the unified government as provided in this article. It is the
intention hereof to grant to the unified government full power and right to
exercise all governmental authority authorized by the Constitution and laws of
Georgia which is necessary for the effective operation and conduct of the
unified government within its territory and for the conduct of all of its
affairs.
ARTICLE
II
LEGISLATIVE
ARTICLE
CHAPTER 1 - The Board of
Commissioners
SECTION
2-101.
Name and
composition.
There
is hereby created the Board of Commissioners of Macon-Bibb, Georgia (hereinafter
"board"). Membership on the board is a part-time position. The board shall
consist of nine members elected from districts as provided in Section 6-201 of
this charter.
SECTION
2-102.
Term of office; qualifications;
disqualifications.
(a)
The term of office of all members of the board of commissioners shall be four
years, with members serving staggered terms and until their successors are
elected and qualified, except that a commissioner appointed to fill a vacancy
shall serve only for the balance of the unexpired term as provided in Section
2-106 of this charter. Initially, five members will serve two-year terms and
four members will serve four-year terms to provide for staggered terms.
Thereafter, all members shall be elected for four-year terms. All terms of
office following the initial terms shall commence at the first regular meeting
in January next following the
election.
(b) No person shall be
eligible for election or appointment to the board unless such person, on or
before the date of election or appointment, shall have attained the age of 21
years, shall be a qualified voter of Macon-Bibb, Georgia, and shall have resided
within the county for one year and within the territorial limits of the district
from which elected on the date of qualifying for election. A member of the
board shall continue to reside within the district from which elected during
such member's term of office.
(c) No
member of the board, during that member's term of office, shall hold any other
federal, state, or local government elective
office.
(d) Any commissioner who has
been elected for three full consecutive four-year terms of office under the
provisions of this charter shall not be eligible to be elected for the
succeeding term.
SECTION
2-103.
Salary and
expenses.
(a)
The salary of each commissioner shall be $10,000.00 per year, payable in equal
monthly installments.
(b) In addition
to the salary, commissioners shall be reimbursed for all direct expenses
incurred in carrying out the duties and responsibilities of the unified
government.
(c) The salary and
expenses of members of the board may be changed by ordinance, subject to the
following conditions:
(1)
No action to increase the salary or expenses of commissioners shall be taken
until notice of intent to take the action has been published in the official
legal organ of Macon-Bibb at least once a week for three successive weeks
immediately preceding the week during which the action is taken;
(2)
Any action to increase the salary of commissioners shall not become effective
until the date of commencement of the terms of those commissioners elected at
the next regular election following such action; and
(3)
No action to increase the salary of commissioners shall be taken during the
period between the date when candidates for election to the board may first
qualify as candidates and the date when members of the board take office
following their election.
SECTION
2-104.
Organization; oath; rules;
quorum; meetings; records;
chairperson
of the board of commissioners.
(a)
The board shall meet for organization and swearing-in purposes at their first
regular meeting. At this meeting, the newly elected or reelected commissioners
shall each take the following oath of office, to be administered by the judge of
the probate court:
"I
do solemnly swear (or affirm) that I will well and truly perform the duties of
Commissioner of Macon-Bibb, Georgia, 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, so help me God."
(b)
The board, by majority vote, shall adopt rules of procedure governing the
transaction of its business consistent with the provisions of this charter,
shall adopt by ordinance the time, date, and place for regular meetings, which
will be held at least twice monthly, and shall provide for keeping minutes of
its proceedings by the chief operating officer as provided in Section 4-102 of
this charter.
(c) At its first
organization meeting, the board shall select the dates for when it will hold its
regular twice-monthly meetings.
(d)
Six of the nine members of the board shall constitute a quorum for the
transaction of business.
(e) Special
meetings of the board may be called by the mayor or by any five commissioners
upon no less than 24 hours' written notice to each member served personally or
left at the usual place of business or residence of such member. Such notice of
a special meeting may be waived in writing either before or after the meeting.
Subject to subsection (d) of Code Section 50-14-1 of the O.C.G.A., special
meetings may be held at any time without notice to all commissioners, upon
attendance at such meeting by all members of the board, or by waiver of notice
of those not in attendance.
(f) All
meetings of the board, except for those exceptions provided for in general law,
shall be public, and any citizen shall have access to the minutes and records
thereof at reasonable times.
(g) At
its first meeting in January of each year, a chairperson of the board shall be
elected by and from the membership of the board of commissioners to serve for a
term of one year. Such an election shall take place at the first regular
meeting of the board each year and whenever necessary to fill a vacancy in the
office. A commissioner elected to fill a vacancy shall only serve as such until
an election for a new chairperson of the board is held the following
year.
(h) The chairperson of the board
shall preside over meetings. In the event that the mayor is temporarily absent
or otherwise unable to perform the duties of office, the chairperson of the
board shall discharge the duties of mayor until either the return of the mayor
or the election of a new mayor. While serving as the mayor, the chairperson of
the board shall have the same powers as a mayor and not those of a
commissioner.
SECTION
2-105.
Powers.
(a)
All legislative powers of the unified government of Macon-Bibb, Georgia,
including any such powers which may hereafter be conferred by law upon said
government, shall be vested exclusively in and exercised by the board in
accordance with the provisions of this
charter.
(b) In addition to its
legislative powers, the board shall specifically have the power to:
(1)
Approve, reject, or amend the budget by majority vote;
(2)
Approve or reject recommendations concerning the appointments of the chief
operating officer, attorney, and fire chief, and enter into employment
agreements with each of these officers;
(3)
Appoint and remove from office the auditor by majority vote of the entire board;
and
(4)
Override the mayor's veto with the affirmative vote of five
commissioners.
(c)
In the exercise of its powers, the board shall adopt and provide for the
execution of such ordinances, resolutions, rules, and regulations, not
inconsistent with this charter, as may be necessary or proper for the purpose of
carrying into effect the powers conferred by this charter and for the promotion
and protection of the safety, health, peace, security, and general welfare of
the inhabitants of the unified government and may enforce such ordinances,
resolutions, rules, and regulations by imposing penalties for violations
thereof, as prescribed by ordinance, by a fine not exceeding $1,000.00 or by
imprisonment for a period not exceeding six months, or
both.
(d) Except as otherwise provided
by the Constitution, general or local law, or this charter, the board may by
ordinance create, change, alter, combine, abolish, consolidate, and redefine the
manner of appointment, membership, powers, and duties of bureaus, boards,
commissions, departments, divisions, authorities, offices, and agencies of
Macon-Bibb, Georgia, including positions of public employment, and may transfer
and delete functions and assign additional functions to any bureaus, offices,
agencies, departments, divisions, boards, authorities, commissions, and
positions of public employment existing under this charter. The board may by
ordinance transfer all the assets, liabilities, and obligations thereof to a
department, a division, or other unit of a department of the unified government,
which shall have the power, and its duty shall be to perform and exercise all
the functions and powers theretofore performed and exercised by such board,
commission, authority, division, agency, bureau, office, department, or position
of public employment.
(e) Subsection
(d) of this section shall not apply to any authorities or boards which were
created by either a local constitutional amendment or by a local Act of the
General Assembly.
(f) The board shall
have the power to conduct or cause to be conducted inquiries and investigations
of the operations of any office, department, or agency or the conduct of any
officer or employee thereof administering the affairs of the unified government.
In conducting inquiries and investigations, the board shall have the right to
administer oaths; subpoena witnesses, documents, records, or other evidence;
take testimony; and require the production of evidence. The conduct of
proceedings at board inquiries and investigations shall be subject to such rules
and regulations as the board may prescribe by general
ordinance.
(g) The board shall provide
for the form of oaths and the amount and condition of surety bonds as may be
required of any officer or employee of the unified
government.
(h) The board shall have
and exercise such other powers as conferred upon it by this charter and the laws
of Georgia.
SECTION
2-106.
Filling of
vacancies.
(a)
In the event that the office of a member of the board of commissioners shall
become vacant by reason of death, resignation, or any other cause, and the term
shall expire in less than one year, the remaining members of the board shall
appoint a replacement from within the district without a representative to
fulfill the unexpired term. Any individual so appointed must have the same
qualifications required for election to the
office.
(b) If the term of the vacant
board position will continue for more than one year, a special election shall be
held as provided in this charter and in general state law to elect a new member
of the board to serve for the remainder of the term.
CHAPTER
2 - Legislative
Procedure
SECTION
2-201.
Legislation by
ordinance.
Every
official act of the board which is to have the force and effect of law shall be
by ordinance and shall begin with the words: "The Board of Commissioners of
Macon-Bibb, Georgia, hereby ordains." All other acts of the board shall be by
resolution or shall take such other form as prescribed by its
rules.
SECTION
2-202.
Introduction, consideration, and
passage of ordinances and resolutions.
(a)
Every proposed ordinance and every amendment shall contain not more than one
subject which shall be clearly expressed in its
title.
(b) Every proposed ordinance
and every amendment shall be introduced in
writing.
(c) Prior to the introduction
of any ordinance, copies of it shall be prepared by the chief operating officer
and distributed to each member of the board and to the attorney. It shall be
the duty of the attorney to review the draftsmanship and impact of each
ordinance. Within seven days after a proposed ordinance has been introduced,
the chief operating officer shall publish on the official Macon-Bibb website a
brief description of the subject and purpose of the ordinance and notice of the
availability of the proposed ordinance for public inspection in the office of
the chief operating officer.
(d) A
summary of every proposed ordinance shall be read upon first introduction and by
title at the next regular meeting not less than seven days following the meeting
of its introduction. In no event, however, except for emergency ordinances, may
any ordinance be voted on in less than seven days after it is
introduced.
(e) The adoption of any
ordinance shall be by the affirmative vote of at least six of the nine
commissioners.
(f) The passage of all
ordinances shall be contingent upon the recording of the "ayes" and "nays" of
each commissioner, and the names of the commissioners voting for and against
each proposed ordinance or amendment, those abstaining, and those absent shall
be entered upon the minutes of the proceedings of the board.
SECTION
2-203.
Emergency
ordinances.
To
meet a public emergency threatening life, health, property, or public safety,
the board may adopt emergency ordinances; provided, however, that such
ordinances may not be enacted to levy taxes; to grant, renew, or extend a
franchise; to regulate the rate charged for any public utility or service; or to
authorize the borrowing of money unless it shall be repaid in 30 days or less.
An emergency ordinance shall be in the form prescribed for ordinances generally,
except that it shall be plainly designated as an emergency ordinance and shall
contain a declaration stating what emergency exists. An emergency ordinance may
be adopted with or without amendment or it may be rejected at the meeting at
which it is introduced, but the affirmative vote of at least six of the nine
members of the board shall be required for adoption. An emergency ordinance
shall become effective upon adoption or at such later time as it may specify.
Every emergency ordinance shall automatically stand repealed on the sixteenth
day following the date on which it was adopted; but if the emergency still
exists, this shall not prevent reenactment of the ordinance in the manner
specified in this section. 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.
SECTION
2-204.
Submission of ordinances to
mayor; veto.
Every
ordinance or resolution adopted by the board shall be certified by the chief
operating officer and presented to the mayor within two business days following
its adoption. The mayor shall approve or veto the ordinance or resolution
within ten business days after adoption, and no ordinance or resolution shall
become effective without his or her approval except as herein provided. If the
mayor vetoes an ordinance or resolution, he or she shall within two business
days following such veto return the ordinance or resolution to the chief
operating officer with a written statement of the reasons for the veto. The
chief operating officer shall record the date of the receipt of the vetoed
ordinance or resolution and thereupon shall notify the board members of such
veto. If the board shall pass the ordinance or resolution by a vote of six of
the nine members at the meeting next held after the ordinance or resolution has
been returned with the mayor's veto, it shall become law without his or her
approval. In the event the mayor does not approve or veto the ordinance or
resolution within the time required, it shall become law without his or her
approval.
SECTION
2-205.
Authentication; recording;
effective date.
All
ordinances which have become law shall immediately be deposited in the official
archives of the chief operating officer. The chief operating officer shall note
on the face of the ordinance the date and time it has become law, and the
ordinance shall become effective at noon on the day following its becoming law
or at such later time as it may specify. The chief operating officer shall
authenticate by his or her signature each ordinance which has become
law.
SECTION
2-206.
Codes of technical
regulations.
(a)
The board 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 prescribed for ordinances generally except
that:
(1)
The requirements of subsection (c) of Section 2-202 of this charter for
distribution of copies of the ordinance to each commissioner and to the attorney
shall be construed to include copies of the code of technical regulations which
shall be maintained in the chief operating officer's office, 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 chief operating officer as
provided in Section 2-205 of this charter.
(b)
Copies of any adopted code of technical regulations shall be made available by
the chief operating officer for public inspection and for purchase at a
reasonable price as fixed by the board.
SECTION
2-207.
Codification and printing of
ordinances.
(a)
The board shall, within two years of the effective date of this charter, provide
for the preparation of a general codification of all ordinances of a general or
permanent nature. Such code shall be adopted by the board by ordinance and
shall be published promptly in loose-leaf form, together with all amendments
thereto, this charter, any amendments hereto, and such codes of technical
regulations and other rules and regulations as the board may specify. This
compilation shall be known and cited officially as the "Code of Macon-Bibb,
Georgia." As determined by the board, copies of the code shall be furnished to
officers, departments, and agencies of the unified government; placed in
libraries and public offices for public reference; and made available for
purchase by the public at a reasonable
price.
(b) Following publication of
the first "Code of Macon-Bibb, Georgia," and from time to time thereafter, the
ordinances and charter amendments shall be printed in substantially the same
style as the code then in effect and shall be suitable in form for integration
therein.
SECTION
2-208.
Prima-facie
evidence.
A
record or entry made by the chief operating officer or a copy of such record or
entry, duly certified by the chief operating officer, shall be prima-facie
evidence of the terms of every ordinance and its due publication.
CHAPTER
3 - Ethics and Prohibited
Practices
SECTION
2-301.
Conflict of
interest.
No
elected official, appointed officer, or employee of Macon-Bibb, Georgia, or any
agency or political entity to which this charter applies shall
knowingly:
(1)
Engage in any business or transaction in which the person has a financial
interest which is incompatible with the proper discharge of official
duties;
(2)
Disclose confidential information concerning the property, government, or
affairs of the governmental body by which such person is engaged or is a member
of without proper legal authorization or use that information to advance the
financial or other private interest of such person or others;
(3)
Accept any gift from any person, firm, or corporation which to his or her
knowledge is interested, directly or indirectly, in business dealings with the
governmental body he or she is a member of or by which such 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 campaign.
The definition of "gift" shall be that used in the Executive Order of the
Governor in the Ethics in Government Policy for employees of the executive
branch of state government;
(4)
Represent private interests other than his or her own in any action or
proceeding against Macon-Bibb, Georgia, or any portion of its government;
provided, however, that this paragraph shall not be deemed to prohibit any
official or employee of Macon-Bibb, Georgia, who is also an active member of the
State Bar of Georgia from representing a criminal defendant in either the State
or Superior Court of Macon-Bibb; or
(5)
Vote or otherwise actively participate in the negotiation or the making of any
contract between Macon-Bibb, Georgia, and any business or entity in which he or
she has a financial interest.
SECTION
2-302.
Disclosure.
Any
elected official, appointed officer, or employee of the unified government or of
any board, commission, authority, or agency thereof who shall have any private
financial interest, direct or indirect, in any contract or matter pending before
or within any department of the unified government shall disclose such private
interest to the board. Any commissioner who has a private interest in any
matter pending before the board shall disclose such private interest and such
disclosure shall be entered on the records of the board, and he or she shall
disqualify himself or herself from participating in any decision or vote
relating thereto. Any elected official, appointed officer, or employee of any
board, commission, authority, or agency of the unified government who shall have
any private financial interest, direct or indirect, in any contract or matter
pending before or within such entity shall disclose such private interest to the
board.
SECTION
2-303.
Testimony of public officials
relating to public affairs.
Any
officer or employee of the unified government or of any board, commission,
authority, or agency thereof who is duly and properly called as a witness before
any unified government, state, or federal judicial or administrative tribunal,
and who shall before such tribunal fail to answer any proper question concerning
the performance of his or her official duties, shall be guilty of a violation of
this charter.
SECTION
2-304.
Contracts voidable and
rescindable.
Any
contract between Macon-Bibb, Georgia, or any board, commission, authority,
agency, or entity thereof made in violation of the provisions of this charter
shall be voidable or rescindable at the option of the board at any time if any
elected official, appointed officer, or employee of such unified government or
board, commission, authority, or agency thereof has any interest in such
contract and does not disclose such interest in accordance with Section 2-302 of
this charter.
SECTION
2-305.
Hearings and determinations;
penalties for violation.
(a)
Upon the sworn complaint of any person alleging facts which if true would
constitute a violation of this charter, the board may conduct a public hearing
at which the accused shall be given an opportunity to be heard, either
personally or through counsel. At the conclusion of such hearing, the board
shall, in written findings of fact and conclusions based thereon, make a
determination concerning the propriety of the conduct of the official or
employee in question.
(b) Any officer
or employee of Macon-Bibb, Georgia, or of any board, commission, authority, or
agency thereof who is found to have knowingly concealed his or her personal
financial interest or who is found to have knowingly violated any of the
requirements of this charter shall be deemed guilty of malfeasance in office or
position. The officer or employee shall be subject to such punishment as may be
deemed appropriate by the board and which may include forfeiture of office or
position.
(c) Any officer or employee
of the unified government or of any board, commission, authority, or agency
thereof who shall forfeit his or her office or position as described in
subsection (b) of this section shall be ineligible for appointment or election
to or employment in a position in the unified government or of any board,
commission, authority, or agency thereof for a period of three years
thereafter.
ARTICLE
III
MAYOR
SECTION
3-101.
Election; term.
There
is hereby created the office of mayor of Macon-Bibb, Georgia (referred to at
times in this charter as the "mayor"). The mayor shall be elected at-large by
the voters of the unified government and shall serve for a term of four years
and until a successor is elected and qualified. Any mayor who has been elected
for two full consecutive four-year terms of office under the provisions of this
charter shall not be eligible to be elected for the succeeding
term.
SECTION
3-102.
Qualifications of
office.
(a)
To be eligible for election as mayor, a person on the date of election
shall:
(1)
Have attained the age of 21 years;
(2)
Have resided in the territory of Macon-Bibb, Georgia, for at least one year
immediately preceding the date of election and shall continue such residence
therein during the term of office;
(3)
Be a registered voter of Macon-Bibb, Georgia; and
(4)
Meet any other requirements as established by law.
(b)
No person elected as mayor shall, during that person's term of office, hold any
other federal, state, or local government office.
SECTION
3-103.
Compensation.
(a)
The mayor shall receive as compensation for the services of this office an
annual salary of not less than $105,000.00, payable in equal monthly
installments.
(b) In addition to the
salary, the mayor shall be reimbursed for all direct expenses incurred in
carrying out the duties and responsibilities of the unified
government.
(c) The salary and
expenses of the mayor may be changed by ordinance, subject to the following
conditions:
(1)
No action to increase the salary or expenses of the mayor shall be taken until
notice of intent to take the action has been published in the official legal
organ of Macon-Bibb at least once a week for three successive weeks immediately
preceding the week during which the action is taken;
(2)
Any action to increase the salary of the mayor shall not become effective until
the date of commencement of the term of the mayor elected at the next regular
election following such action; and
(3)
No action to increase the salary of the mayor shall be taken during the period
between the date when candidates for election to the office of mayor may first
qualify as candidates and the date when the newly elected mayor takes office
following the election.
SECTION
3-104.
Powers and duties.
The
mayor shall have the powers and duties
to:
(a) Serve as the official
representative of Macon-Bibb, Georgia, including serving as the unified
government's representative to federal, state, and local governmental bodies and
officials;
(b) Appoint a chief
operating officer, who will be confirmed by a majority of the board. Initiate
the process, with the involvement of commissioners and appropriate staff, to
search and screen candidates for the positions of attorney and fire chief and to
appoint candidates for these positions to the board of commissioners subject to
concurrence of majority of the entire
board;
(c) Remove the chief operating
officer, attorney, and fire chief.
(d)
Set the agenda, after receiving input from members of the board, the chief
operating officer, and the public, for meetings of the
board;
(e) Make committee
appointments;
(f) Present the annual
budget and the capital improvements budget, which has been prepared by the chief
operating officer with the assistance of all department and agency heads and all
others who supervise the implementation of a budget that uses funds of
Macon-Bibb, Georgia, for approval by the mayor, to the board for
approval;
(g) Approve or veto proposed
ordinances or resolutions as provided by this
charter;
(h) Call special meetings of
the board of commissioners as provided by this charter and by rules of the
board;
(i) Execute all deeds,
contracts, and obligations of the unified government, provided such execution
shall be attested to by the chief operating
officer;
(j) Recommend to the board
the adoption of such measures as deemed necessary or expedient;
and
(k) Perform any other duties and
exercise any other powers required by state or federal law or authorized by a
duly adopted ordinance that is not in conflict with this charter.
SECTION
3-105.
Voting.
The
mayor shall not be authorized to vote on any matter before the
board.
SECTION
3-106.
Vacancy in office of
mayor.
(a)
In the event that the office of mayor shall become vacant by reason of death,
resignation, or any other cause, within one year of the end of the term, the
unexpired term shall be filled by the chairperson of the board of commissioners
who shall serve as mayor with all powers of the mayor until the next general
election.
(b) If the term of the mayor
will continue for more than one year, a special election shall be held as
provided in general law to elect a new mayor for the remainder of the vacant
mayor's term, provided that the chairperson of the board shall serve as mayor
pro tempore until an election is held and a successor is elected and
qualified.
ARTICLE
IV
ADMINISTRATION
CHAPTER
1 - Officers
SECTION
4-101.
Chief operating officer;
appointment; qualifications; compensation.
There
shall be a professional manager who shall be known as the chief operating
officer of Macon-Bibb, Georgia (hereinafter "COO"). The mayor shall recommend
candidates to the board for the office of COO who shall be the full-time
administrative officer of the unified government. No person holding an elective
office in Macon-Bibb shall be eligible for appointment until two years after
leaving elective office. Such recommendations shall become effective when
confirmed by a majority vote of the total membership of the board. The COO
shall be prohibited from engaging in any political activity, and the COO shall
not be eligible to qualify as a candidate for an elective office in Macon-Bibb
for one year after leaving office. The COO shall serve at the pleasure of the
mayor and may be removed from office by the mayor for cause. The COO need not
be a resident of the unified government at the time of his or her appointment
but shall establish residence therein within six months of such appointment and
continue to reside therein throughout such appointment. The qualifications and
compensation of the COO shall be fixed by the board of
commissioners.
SECTION
4-102.
Chief operating officer; powers
and duties.
(a)
The COO shall be responsible for:
(1)
The management and coordination of the operations and activities of the various
departments and agencies of the unified government;
(2)
The appointment and removal of all department heads with the exception the city
attorney, auditor, and fire chief;
(3)
The preparation of the proposed annual budget with the assistance of all
department heads for approval by the board;
(4)
Keeping the board at all times fully advised as to the financial condition and
needs of the unified government;
(5)
Conducting studies and investigations and making reports thereon to the board
concerning the operations of the departments, offices, and agencies of the
unified government;
(6)
Requiring any department, board, commission, or agency under the COO
jurisdiction to submit written reports and to provide other information as
deemed necessary;
(7)
Prescribing, requiring, publishing, and implementing standards of
administrative, management, and operating practices and procedures to be
followed and adhered to by all offices, departments, boards, commissions,
authorities, and other agencies of the unified government which are subject to
the COO's supervision and jurisdiction;
(8)
Acting as the purchasing agent of Macon-Bibb as provided for in Section 8-105 of
this charter; and
(9)
Maintaining all required records of the operations and activities of Macon-Bibb,
including the minutes of all meetings of the board.
(b)
Except for the purpose of inquiry and investigation, the mayor and board shall
deal with employees of the unified government who are subject to appointment and
removal by the COO solely through the COO and shall not give orders or
directions to any such employee, either publicly or privately, directly or
indirectly.
SECTION
4-103.
Attorney; appointment; term;
qualifications; duties; compensation.
(a)
The mayor shall recommend one or more candidates to the board for the attorney
of the unified government (referred to at times in this charter as the
"attorney"). The recommendations shall become effective when confirmed by a
majority vote of the total membership of the board. The attorney shall serve at
the pleasure of the mayor and may be removed from office by the
mayor.
(b) The attorney shall be an
active member of the State Bar of Georgia in good standing and shall satisfy any
other qualifications established by
ordinance.
(c) The attorney shall be
the legal counsel to the unified government and shall perform such other duties
as may be required by this charter or by
ordinance.
(d) The compensation of the
attorney shall be as prescribed by a duly adopted
ordinance.
(e) The attorney shall with
the approval of the board be authorized to employ such additional attorneys as
necessary for a law department to perform the duties imposed either by this
charter or by the board.
SECTION
4-104.
Auditor; appointment; term;
duties; qualifications; compensation.
(a)
Any member of the board of commissioners may nominate candidates to the board
for the office of auditor of the unified government (referred to at times in
this charter as the "auditor"). The board shall, by majority vote, appoint an
auditor who shall make all reports to the board of commissioners. The board
shall have the authority to remove the auditor from
office.
(b) The qualifications,
duties, and compensation of the auditor shall be as prescribed in a duly adopted
ordinance.
SECTION
4-105.
Sheriff.
(a)
The sheriff of Bibb County in office on the effective date of this charter shall
be the sheriff of Macon-Bibb, Georgia. The sheriff shall serve for the same
term as provided by law, and the compensation shall be fixed as provided by law.
Subsequent elections for sheriff shall be on the same basis as provided by law
for the election of sheriffs
generally.
(b) The sheriff shall be
responsible for all law enforcement, the operation of the jail, the transport of
prisoners, the service of process, and such other powers and duties as are
provided by the Board of Commissioners of Macon-Bibb, Georgia, and by the
Constitution and laws of Georgia.
(c)
The sheriff shall submit a budget to the board of commissioners. The budget
shall be under the control of the board of commissioners which shall have the
authority to amend or change estimates of required expenditures. The action of
the board of commissioners in making such appropriations may be reviewed only
for abuse of discretion.
(d) All
purchases required by the sheriff's office shall be made in accordance with
procedures prescribed for other purchases made by the county.
SECTION
4-106.
Judge of the probate
court.
The
judge of the probate court of Bibb County in office on the effective date of
this charter shall be the judge of the probate court of Macon-Bibb, Georgia.
The judge of the probate court shall serve for the same term as provided by law,
and the compensation shall be fixed as provided by law. Subsequent elections
for the judge of the probate court shall be on the same basis as provided by law
for the election of probate judges generally. The judge of the probate court
shall perform the same duties and exercise the same powers as conferred on
probate judges generally by the Constitution and laws of Georgia.
SECTION
4-107.
Clerk of superior
court.
The
clerk of superior court of Bibb County in office on the effective date of this
charter shall be the clerk of superior court of Macon-Bibb, Georgia. The clerk
of superior court shall serve for the same term as provided by law, and the
compensation shall be fixed as provided by law. Subsequent elections for the
clerk of superior court shall be on the same basis as provided by law for the
election of clerks of superior court generally. The clerk of superior court
shall perform the same duties and exercise the same powers as conferred on
clerks of superior court generally by the Constitution and laws of
Georgia.
SECTION
4-108.
Tax commissioner.
The
tax commissioner of Bibb County in office on the effective date of this charter
shall be the tax commissioner of Macon-Bibb, Georgia. The tax commissioner
shall serve for the same term as provided by law, and the compensation shall be
fixed as provided by law. Subsequent elections for tax commissioner shall be on
the same basis as provided by law for the election of tax commissioners
generally. The tax commissioner shall perform the same duties and exercise the
same powers as conferred on tax commissioners generally by the Constitution and
laws of Georgia.
SECTION
4-109.
Coroner.
The
coroner of Bibb County in office on the effective date of this charter shall be
the coroner of Macon-Bibb, Georgia. The coroner shall serve for the same term
as provided by law, and compensation shall be fixed as provided by law.
Subsequent elections for coroner shall be on the same basis as provided by law
for the election of coroners generally. The coroner shall perform the same
duties and exercise the same powers as conferred on coroners generally by the
Constitution and laws of Georgia.
CHAPTER
2 - Administrative and Service
Departments
SECTION
4-201.
Creation and functions;
generally.
Except
as otherwise provided by this charter or by law, the administrative and service
departments of the unified government shall be created and established by
ordinance and shall perform such functions, duties, services, and
responsibilities as enumerated in such ordinances and as prescribed by
administrative regulations.
SECTION
4-202.
Administrative
reorganization.
The
board may, by ordinance, reorganize, combine, consolidate, or discontinue any
department or agency of the unified government subject to the jurisdiction of
the Board and may, by ordinance, prescribe the functions and duties thereof and
may establish, abolish, or alter all nonelective offices and positions of
employment as necessary for the proper administration of the unified
government.
SECTION
4-203.
Appointment of directors of
departments.
All
directors of departments under the supervision and direction of the COO shall be
appointed by the COO. The directors of all such departments shall serve at the
pleasure of the COO.
SECTION
4-204.
Departments under state
law.
All
departments, which are created pursuant to state or federal law and which
administer various state and federal programs and services shall continue their
operations without interruption resulting from the adoption of this
charter.
CHAPTER
3 - Merit System of Personnel
Administration
SECTION
4-301.
Establishment of merit
system.
The
board may establish, by ordinance, a Merit System of Personnel Administration
for Macon-Bibb, Georgia. The following positions are declared to be in the
Unclassified Service:
(1)
Officers elected by the people and persons appointed to fill vacancies in
elective offices;
(2)
Members of boards and commissions;
(3)
Directors of departments;
(4)
Persons temporarily employed in a professional or scientific capacity or to
conduct a special inquiry, investigation, examination, or
installation;
(5)
Temporary and part-time employees; and
(6)
Such other employees as may be excluded from coverage under the merit system as
provided by ordinance or other applicable law.
CHAPTER
4 - Boards, Commissions, and
Authorities
SECTION
4-401.
Certain boards, commissions, and
authorities continued.
(a)
All existing boards, commissions, and authorities are continued without
interruption on the effective date of this charter. As used in the Acts and
amendments creating the existing boards, commissions, and authorities, the terms
"Macon City Council" and "Bibb County Board of Commissioners" shall mean the
Board of Commissioners of Macon-Bibb, Georgia, and the terms "Mayor of the City
of Macon" and "Chairman of the Bibb County Board of Commissioners" shall mean
the chairperson of the Board of Commissioners of Macon-Bibb, Georgia.
(b)
Not later than December 31, 2014, the Board of Commissioners of Macon-Bibb,
Georgia, shall examine all existing boards, commissions, and authorities of the
former City of Macon and Bibb County for the purpose of determining whether any
such boards, commissions, and authorities should be reorganized or reconstituted
for the purpose of increasing their efficient operation. The detailed findings
and proposed actions as a result of such review shall be posted on the official
Macon-Bibb website. Thereafter, the board of commissioners shall review each
board, commission, and authority of the unified government on a regularly
scheduled basis not less often than once every two years for the purpose of
determining whether any such boards, commissions, and authorities should be
reorganized or reconstituted for the purpose of increasing their efficient
operation. The results and proposed actions as a result of such reviews shall be
posted quarterly on the official Macon-Bibb website. The provisions of this
subsection shall not be construed to authorize the board to affect any board,
commission, and authority created by general law or by local constitutional
amendment.
ARTICLE
V
JUDICIARY
SECTION
5-101.
Superior court and district
attorney; unaffected by charter; redesignation.
The
Superior Court of Bibb County, including the office of the district attorney,
shall continue its operations without interruption resulting from the adoption
of this charter, and nothing herein shall be construed as affecting the status
of said court. The court shall be known as the Superior Court of Macon-Bibb,
Georgia.
SECTION
5-102.
State court and
solicitor-general; unaffected by charter; redesignation.
The
State Court of Bibb County, including the office of the solicitor-general, shall
continue its operations without interruption resulting from the adoption of this
charter, and nothing herein shall be construed as affecting the status of said
court. The court shall be known as the State Court of Macon-Bibb,
Georgia.
SECTION
5-103.
Juvenile court; unaffected by
charter; redesignation.
The
Juvenile Court of Bibb County shall continue its operations without interruption
resulting from the adoption of this charter, and nothing herein shall be
construed as affecting the status of said court. The court shall be known as
the Juvenile Court of Macon-Bibb, Georgia.
SECTION
5-104.
Probate court; unaffected by
charter; redesignation.
The
Probate Court of Bibb County shall continue its operations without interruption
resulting from the adoption of this charter, and nothing herein shall be
construed as affecting the status of said court. The court shall be known as
the Probate Court of Macon-Bibb, Georgia.
SECTION
5-105.
Magistrate court; unaffected by
charter; redesignation.
The
Magistrate Court of Bibb County shall continue its operations without
interruption resulting from the adoption of this charter, and nothing herein
shall be construed as affecting the status of said court. The court shall be
known as the Magistrate Court of Macon-Bibb, Georgia.
SECTION
5-106.
Municipal court of the City of
Macon; abolishment of
operations in the
unified government.
Six
months after the effective date of this charter, the Municipal Court of the City
of Macon shall stand abolished. Any cases pending before the municipal court on
that date shall be transferred to the State Court of Macon-Bibb. Thereafter,
all jurisdiction of the former Municipal Court of the City of Macon shall be
transferred to the State Court of Macon-Bibb, Georgia.
ARTICLE
VI
ELECTIONS
CHAPTER
1 - Conduct of
Elections
SECTION
6-101.
Applicability of general
laws.
Except
as otherwise provided by this charter, primaries and regular and special
elections shall be conducted in accordance with provisions of Chapter 2 of Title
21 of the O.C.G.A., the "Georgia Election Code." As used in said Code section,
the terms "election" or "general election" shall be construed to include the
term "regular election" as provided in Section 6-102 of this charter; the term
"governing authority" shall include the mayor and the board of commissioners of
Macon-Bibb, Georgia; the terms "municipal," "municipality," or "county" shall
include Macon-Bibb, Georgia; and the term "public office" shall include elective
offices of Macon-Bibb, Georgia. To the extent authorized by general law, as now
or hereafter amended, all regular elections for the elective public officers of
the unified government of Macon-Bibb, Georgia, and all special elections for
such officers shall be nonpartisan elections without a prior nonpartisan
primary, as provided in Code Section 21-2-139 of the O.C.G.A.
SECTION
6-102.
Regular election, time for
holding; voting.
(a)
Except for the initial elections provided in Section 9-101 of this charter,
which may or may not be held on the date of regular state elections, regular
elections for the elective public officers of Macon-Bibb, Georgia, shall be held
every two years on the same Tuesday in November when regular state elections are
held.
(b) Only the electorate of each
of the nine election districts as defined in Section 6-201 of this charter shall
be entitled to vote in the election for the commissioner to be elected from that
district.
SECTION
6-103.
Special elections.
All
special elections shall be held and conducted in accordance with applicable
provisions of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election
Code."
CHAPTER
2 - Election Districts;
Reapportionment
SECTION
6-201.
Number of districts;
boundaries.
The
territory of Macon-Bibb, Georgia, shall consist of nine single-member election
districts. Council Districts 1 through 9 shall consist of the described
territory of Macon-Bibb, Georgia, attached to this Act and made a part thereof
and further identified as Plan Name: bibb9dp2 Plan Type: Local User: Gina
Administrator: H137. When used in such attachment, the terms "Tract" and "BG"
(Block Group) shall mean and describe the same geographical boundaries as
provided in the report of the Bureau of the Census for the United States
decennial census of 2010 for the State of Georgia. The separate numeric
designations in a Tract description which are underneath a BG heading shall mean
and describe individual blocks within a block group as provided in the report of
the Bureau of the Census for the United States decennial census of 2010 for the
State of Georgia. Any part of Macon-Bibb, Georgia, which is not included in any
such district described in that attachment shall be included within that
district contiguous to such part which contains the least population according
to the United States decennial census of 2010 for the State of Georgia. Any
part of Macon-Bibb, Georgia, which is described in that attachment as being in a
particular district shall nevertheless not be included within such district if
such part is not contiguous to such district. Such noncontiguous part shall
instead be included with that district contiguous to such part which contains
the least population according to the United States decennial census of 2010 for
the State of Georgia.
SECTION
6-202.
Reapportionment of election
districts.
(a)
The election district boundaries of Macon-Bibb, Georgia, shall be reapportioned
following the publication of each official federal decennial census of the
population of Macon-Bibb, Georgia. Such reapportionment shall be accomplished
by the adoption of an amendment to this charter, including Appendix A, by the
General Assembly of Georgia.
(b) The
reapportionment of election districts shall comply with the following
specifications:
(1)
Each election district shall be formed of contiguous territory, and its boundary
lines shall be the center lines of streets or other well defined boundaries as
utilized by the United States Bureau of the Census; and
(2)
Such election districts shall be as nearly equal in population as practicable,
and they shall comply with the requirements of the federal Voting Rights Act of
1965, as amended.
(c)
Any reapportionment of election districts shall apply to officials of the
unified government elected at the next regular election following such
reapportionment; provided, however, that any reapportionment ordinance shall not
apply to any regular election or special election held within six months after
the Act becomes effective.
ARTICLE
VII
REVENUE AND
FINANCE
CHAPTER 1 - Taxation and Other
Revenues
SECTION
7-101.
Levy and collection of taxes,
fees, charges, and assessments; appropriations.
(a)
For the purpose of raising revenue for the support and maintenance of the
government of Macon-Bibb, Georgia, the commission shall have full power,
authority, and duty to levy and collect taxes to the extent hereinafter provided
and to appropriate funds and expend money:
(1)
For the purposes authorized by this charter;
(2)
For the discharge of the powers, duties, obligations, liabilities, and functions
specified in this charter;
(3)
For any and all purposes and any and all subjects of taxation for which the City
of Macon or Bibb County may have been authorized and in accordance with those
authorizations to levy and collect taxes and to appropriate and expend funds
under the Constitution or any general or special law of Georgia applicable to
the City of Macon or Bibb County on the effective date of this charter;
and
(4)
For any purpose authorized by the Constitution or any general or special law of
Georgia applicable to municipal corporations and counties generally now of force
or hereafter enacted.
(b)
The board shall have full power, authority, and duty to levy and collect the
following taxes, charges, and assessments:
(1)
Ad valorem taxes on all real and personal property situated within Macon-Bibb,
Georgia, which is subject to taxation for state, county, and municipal purposes,
or for any other public purpose, to the full extent permitted by the
Constitution and laws of Georgia, whether local (of the City of Macon or Bibb
County) or general;
(2)
Occupation and business license taxes that are not prohibited by the
Constitution and general laws of Georgia. These taxes may be levied upon any
person, firm, partnership, company, or corporation which has a location or
office within Macon-Bibb, Georgia, at which a business, profession, or
occupation is conducted. Subject to the restrictions imposed by general law,
the commission may also impose a regulatory fee, whether designated as a license
fee or permit fee or other name, on those businesses, professions, or
occupations that the government of Macon-Bibb, Georgia, regulates;
(3)
An excise tax on rooms, lodgings, or accommodations as now or hereafter provided
by law for counties and municipalities;
(4)
License fees and taxes on insurance companies as authorized by Code Sections
33-8-8 through 33-8-8.6 of the O.C.G.A.;
(5)
A public utility franchise tax, fee, or both on each electric light and power
company, gas company, telephone and telegraph company, and other public utility
making use of the roads, streets, alleys, or other public ways of Macon-Bibb,
Georgia, for the purpose of rendering services therein;
(6)
Charge and collect franchise fees on cable television systems as now or
hereafter provided by law for counties;
(7)
Fees, assessments, and charges for the cost of constructing, reconstructing,
widening, or improving any public way, street, sidewalk, curbing, gutters, storm
sewers, drainage structures, or other utility mains and appurtenances from the
abutting property owners under any terms and conditions as provided by
ordinance;
(8)
Fees, assessments, charges, and tolls for sanitary and health services or any
other services rendered within and without the limits of the unified government
under such terms and conditions as provided by ordinance;
(9)
All other such taxes, charges, or assessments as the City of Macon or Bibb
County were authorized and empowered to make and collect upon the effective date
of this charter, which powers may be exercised throughout the area of the
unified government, or appropriate portions thereof, including any tax now or
hereafter authorized by state law, and the specific mention of any right, power,
or authority in this charter shall not be construed as limiting in any way the
general powers of the board to govern its local affairs. When authorized by
this charter or a statute or the Constitution of the State of Georgia, the board
shall have full power and authority to assess, levy, charge, and collect taxes,
rentals, interest, fees, penalties, fines, and costs; to receive income on
investments; to accept funds, services, or property from other political
subdivisions and public agencies, either local, state, or national, and from
private persons, firms, or corporations; and to contract with them for any
public purpose;
(10)
An excise tax upon the sale of distilled spirits or alcoholic beverages for
beverage purposes by the drink as now or hereafter provided by law for counties
and municipalities;
(11)
An excise tax upon the sale, transfer, or dispensing of malt beverages and
alcoholic beverages within Macon-Bibb, Georgia, by wholesale or retail dealers
as now or hereafter provided by law for counties and municipalities. In
addition, the board shall have the authority to impose, assess, levy, and
collect an excise tax upon the sale, transfer, or dispensing of wine by
wholesale or retail dealers within Macon-Bibb, Georgia, as now or hereafter
provided by law for counties and municipalities; and
(12)
Such other taxes and charges as provided by law.
SECTION
7-102.
Collection of delinquent taxes
and fees.
The
collection of delinquent taxes and fees shall be as provided in state law for
the collection of delinquent property taxes by counties.
SECTION
7-103.
Homestead
exemptions.
(a)
The homestead exemptions provided under the Constitution and laws of Georgia
presently in force or as hereafter amended shall be applicable to all such
property subject to ad valorem taxes within Macon-Bibb,
Georgia.
(b)(1) As used in this
subsection, the term:
(A)
"Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes
for municipal purposes levied by, for, or on behalf of Macon-Bibb, Georgia,
including, but not limited to, taxes to pay interest on and to retire municipal
bonded indebtedness.
(B)
"Base year" means the later of 2011 and the taxable year immediately preceding
the taxable year in which the exemption under this Act is first granted to the
most recent owner of such homestead.
(C)
"Homestead" means homestead as defined and qualified in Code Section 48-5-40 of
the O.C.G.A., with the additional qualification that it shall include only the
primary residence and not more than five contiguous acres of land immediately
surrounding such residence.
(2)
Each resident of Macon-Bibb, Georgia, is granted an exemption on that person's
homestead from all Macon-Bibb, Georgia, ad valorem taxes for municipal purposes
in an amount equal to the amount by which the current year assessed value of
that homestead exceeds the base year assessed value of that homestead. This
exemption shall not apply to taxes assessed on improvements to the homestead or
additional land that is added to the homestead after January 1 of the base year.
If any real property is removed from the homestead, the base year assessed value
shall be recalculated accordingly. The value of that property in excess of such
exempted amount shall remain subject to taxation.
(3)
A person shall not receive the homestead exemption granted by paragraph (2) of
this subsection unless the person or person's agent files an application with
the governing authority of Macon-Bibb, Georgia, or the designee thereof, giving
such information relative to receiving such exemption as will enable the
governing authority of Macon-Bibb, Georgia, or the designee thereof, to make a
determination as to whether such owner is entitled to such exemption.
(4)
The governing authority of Macon-Bibb, Georgia, or the designee thereof, shall
provide application forms for the exemption granted by paragraph (2) of this
subsection which shall require such information as may be necessary to determine
the initial and continuing eligibility of the owner for the exemption.
(5)
The exemption shall be claimed and returned as provided in Code Section
48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from
year to year as long as the owner occupies the residence as a homestead. After
a person has filed the proper application as provided in paragraph (3) of this
subsection, it shall not be necessary to make application thereafter for any
year, and the exemption shall continue to be allowed to such person. It shall
be the duty of any person granted the homestead exemption under paragraph (2) of
this subsection to notify the governing authority of Macon-Bibb, Georgia, or the
designee thereof, in the event that person for any reason becomes ineligible for
that exemption.
(6)
The exemption granted by this subsection shall not apply to or affect state ad
valorem taxes or ad valorem taxes for educational purposes. The homestead
exemption granted by paragraph (2) of this subsection shall be in addition to
and not in lieu of any other homestead exemption applicable to municipal ad
valorem taxes.
(7)
The exemption granted by paragraph (2) of this subsection shall apply to all
taxable years beginning on or after January 1, 2011.
SECTION
7-104.
Tax and services districts;
taxation therein.
(a)
The general services area as defined and authorized in paragraph (1) of
subsection (a) of Section 7-301 of this charter shall constitute a general
services tax district wherein the board shall levy and collect taxes and shall
appropriate money to perform and discharge those powers, functions, and services
provided therein by the unified government of Macon-Bibb,
Georgia.
(b) The urban services area
as authorized in paragraph (2) of subsection (a) of Section 7-301 of this
charter, together with any enlargement or modification thereof pursuant to the
provisions of this charter, shall constitute an urban tax district, as the case
may be, wherein the board may levy and collect additional taxes and may
appropriate additional money therefrom to perform and discharge those additional
powers, functions, and additional services provided therein by the unified
government of Macon-Bibb, Georgia.
(c)
The assessment of real and personal property for ad valorem tax purposes shall
be upon a uniform basis throughout the entire area of the unified government;
provided, however, that the rate and manner of additional taxation of services
districts may vary in any services tax district from that in another or other
services tax districts in such a way as to reflect reasonably the kind,
character, type, degree, and level of services afforded to such services tax
district or districts.
CHAPTER
2 - Borrowing and
Indebtedness
SECTION
7-201.
Issuance of general obligation
bonds.
(a)
The board shall be authorized to issue and sell general obligation bonds, after
approval of the qualified voters, under the provisions of the Constitution and
general laws of Georgia for any public purpose for the benefit of the unified
government or any tax area or services district thereof; provided, however, that
for the purpose of issuing and selling such general obligation bonds, the
unified government of Macon-Bibb, Georgia, shall be deemed a county, and the
provisions of the Constitution and laws of Georgia governing the limitations,
terms, and procedures for the issuance and sale of bonds by counties shall apply
to the unified government unless otherwise provided by this
charter.
(b) All general obligation
bonds shall be issued in the name of Macon-Bibb, Georgia, and shall be an
obligation thereof, and the full faith and credit of the unified government of
Macon-Bibb, Georgia, shall be pledged for all general obligation bonds issued
thereunder which are payable from ad valorem taxes, and for such purpose, the
board shall have the authority to levy and collect ad valorem taxes without
limit as to rate or amount on all taxable property within the territorial limits
of the unified government.
SECTION
7-202.
Debt limitation; general
obligation bonds.
The
total general obligation bond indebtedness of the unified government of
Macon-Bibb, Georgia, payable from ad valorem taxes (including all outstanding
general obligation bonds of the former City of Macon and Bibb County on the
effective date of this charter) shall not exceed 10 percent of the assessed
value of all taxable property within the territorial limits of the unified
government.
SECTION
7-203.
Revenue bonds.
The
board shall be empowered and authorized to issue revenue bonds for the purposes
and in the manner as now or hereafter provided by Article 3 of Chapter 82 of
Title 36 of the O.C.G.A., the "Revenue Bond Law."
SECTION
7-204.
Use of bond
proceeds.
All
revenue derived by Macon-Bibb, Georgia, from the issuance and sale of bonds
shall be used exclusively for the purposes for which such bonds were issued, and
all ad valorem taxes collected for the purpose of servicing or retiring such
bonds shall be used exclusively for the payment of principal and interest
thereof.
SECTION
7-205.
Allocation of
indebtedness.
(a)
All general indebtedness of Bibb County, whether represented by general
obligation bonds or otherwise, which may be outstanding upon the effective date
of this charter, shall be allocated to the general services area as defined in
paragraph (1) of subsection (a) of Section 7-301 of this charter and is hereby
recognized as the obligation of the general services area of Macon-Bibb,
Georgia. All general indebtedness of the City of Macon, whether represented by
general obligation bonds or otherwise, which may be outstanding upon the
effective date of this charter, shall be allocated to the urban services area as
defined in paragraph (2) of subsection (a) of Section 7-301 of this charter.
The board is hereby authorized to levy taxes and otherwise provide for the
retirement thereof, subject to the terms of this charter. Any funds in the
control of the heretofore existent City of Macon and Bibb County, now
consolidated into Macon-Bibb, Georgia, by this charter, which theretofore had
been allocated to the retirement of any bonded indebtedness of said municipality
and county, shall be so applied by the
Board.
(b) All general obligation
bonds issued prior to the effective date of this charter by Bibb County and all
bonds authorized but unissued by Bibb County on the effective date of this
charter and thereafter issued by Macon-Bibb, Georgia, shall be allocated to the
general services area, and the principal of and interest on such bonds shall be
paid from ad valorem taxes or other revenues collected in the general services
area. All general obligation bonds issued prior to the effective date of this
charter by the City of Macon and all bonds authorized but unissued by the City
of Macon on the effective date of this charter and thereafter issued by
Macon-Bibb, Georgia, shall be allocated to the urban services area, and the
principal and interest on such bonds shall be paid from ad valorem taxes or
other revenues collected in the urban services
area.
(c) Any revenue bonds issued
prior to the effective date of this charter by the City of Macon or Bibb County
under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond
Law," and any such revenue bonds authorized but unissued by said city or county
on the effective date of this charter and thereafter issued by Macon-Bibb,
Georgia, shall be payable as to principal and interest from the revenues or
sources and in the manner provided in the proceedings which authorized the
issuance of such revenue bonds.
(d)
Neither the allocation of bonds to the general services area nor any of the
other provisions of this charter shall impair or diminish any of the rights,
revenues, or security and source for payment of any of such bonds or revenue
bonds issued by the City of Macon or by Bibb County prior to the effective date
of this charter, or authorized but unissued by the City of Macon or by Bibb
County on the effective date of this charter and thereafter issued by
Macon-Bibb, Georgia; and such holders of such bonds or revenue bonds shall have
and be entitled to enforce any and all rights, remedies, and security and
sources for payment granted such holders by the proceedings which authorized the
issuance of such bonds or revenue bonds as fully and to the same extent as if
this charter had not been adopted.
CHAPTER
3 - Financing of
Services
SECTION
7-301.
General and urban services
areas.
(a)
In Macon-Bibb, Georgia, there shall be:
(1)
A general services area which shall consist of the total area of Bibb County as
fixed and established upon the effective date of this charter or as hereafter
modified according to law;
(2)
An urban services area which shall consist of the area embraced within the
corporate limits of the City of Macon as the same exists upon the day
immediately preceding the effective date of this charter or as such area may be
hereafter expanded as herein provided; and
(3)
Such special services areas as the board may hereafter establish.
(b)
All other tax districts existing in the City of Macon or Bibb County immediately
prior to the effective date of this charter are continued in effect by this
charter.
(c) Such services areas shall
be tax districts wherein taxes and other assessments shall be assessed, levied,
and collected by the unified government in accordance with the kind, character,
type, and degree of services actually provided therein and may vary in any one
services area from that of another or other areas in accordance with the
provisions of this charter. The powers, authority, duties, liabilities,
services, and functions of Macon-Bibb, Georgia, may vary in any services area
from that in another or other services
area.
(d) The unified government is
hereby empowered to exercise and provide within the general services area and
within any urban services area established by this charter or by ordinance of
the board those powers, functions, and services which have theretofore been
exercised and provided by Bibb County or the City of Macon, or both; all powers,
functions, and services authorized by this charter, and any amendments thereto;
and all powers, functions, and services which counties and municipal
corporations, or both, are now or hereafter authorized to exercise under the
Constitution and laws of Georgia.
(e)
The unified government shall perform or procure the performance within the
general services area of those governmental duties, functions, and services
which are generally available and accessible to all residents throughout the
total territory of Macon-Bibb, Georgia. As provided in subsection (a) of
Section 1-105 of this charter, all services provided in the general services
area shall be made available to the citizens of Payne City at the same rate
provided all other citizens of the general services area pursuant to a contract
executed between the governments of Payne City and Macon-Bibb for the amount of
$1.00 for a period not to exceed 50 years as provided in Article IX, Section
III, Paragraph I of the Constitution of the State of
Georgia.
(f) The unified government
shall perform within its urban services areas those additional, more
comprehensive and intensive, and higher levels of governmental duties,
functions, and services which benefit primarily the residents of such urban
services areas.
SECTION
7-302.
Creation of services areas by
ordinance.
Except
as otherwise provided by this charter, services areas of the unified government
shall be created, expanded, merged, unified, or reduced only by ordinance duly
adopted by the board under such general rules, procedures, regulations,
requirements, and specifications as are established by the board and this
charter. Such rules and regulations shall set forth the manner and method for
the creation of new services areas and the expansion, unification, reduction, or
merger of existing services areas; set forth requirements for defining functions
and policies for rendering services, for changing levels of services within
existing services areas, and for transferring territory from one services area
to another; and set forth requirements for defining boundaries of services
areas.
SECTION
7-303.
Requirements for defining
boundaries.
Whenever
in this chapter it is required that the boundaries of a services area be set
out, it shall suffice if the boundaries are described in such a way as to convey
an intelligent understanding of the location of the land. In the discretion of
the board, the boundaries may be described: (1) by reference to a map; (2) by
metes and bounds; (3) by general description referring to roads or natural
boundaries or to the boundaries of particular tracts or parcels of land; or (4)
by any combination of the above methods.
SECTION
7-304.
Notice of hearing prior to
adoption of ordinance.
Before
it adopts any ordinance authorized or described in Sections 7-301 through 7-303
of this charter, the board shall give notice of its intentions to consider the
ordinance and shall provide an opportunity for interested persons to be heard as
provided for in Section 1-105 of this charter.
CHAPTER
4 - Financial
Administration
SECTION
7-401.
Fiscal year.
The
fiscal year of Macon-Bibb, Georgia, shall begin on the first day of July of each
year and shall end on the thirtieth day of June next following. The board may
adopt a different fiscal year by ordinance, which shall not be effective until
at least six months after the date of adoption thereof. The fiscal year shall
constitute the budget year and the year for financial accounting and reporting
of each and every office, department, institution, agency, and activity of the
unified government, unless otherwise provided by state or federal
law.
SECTION
7-402.
Preparation of
budgets.
The
preparation of an annual budget and a capital improvements budget shall be as
prescribed by ordinance and provisions of this charter. In addition, the
unified government of Macon-Bibb, Georgia, may adopt budgets as are permitted by
general law, including, but not limited to, project budgets for major capital
projects and fund budgets.
SECTION
7-403.
Scope of budgets.
(a)
The annual budget should consist of at least two parts:
(1)
Part I of the annual budget shall apply only to the operating expenses of the
unified government; and
(2)
Part II of the annual budget shall apply only to capital improvement expenses of
the unified government.
(b)
Each section of the annual operating and capital budget shall contain with
respect to each of the operating funds of the government of Macon-Bibb, Georgia,
to which they are applicable:
(1)
A reasonable estimate of cash revenues to be received during the ensuing year,
classified according to source;
(2)
Proposed expenditures detailed by each department, board, commission, office,
agency, and activity in accordance with an established classification of
accounts, including those capital outlays which are to be financed from the
revenues of the ensuing year and including all debt service requirements in full
for such fiscal year; and
(3)
Such other information as may be considered necessary or desirable by the COO,
the mayor, or the board.
(c)
In no event shall the total proposed expenditures from any fund exceed the total
anticipated revenues plus the estimated unappropriated surplus or fund balance
and applicable reserves less any estimated deficit at the end of the current
fiscal year.
(d) The capital
improvements budget shall describe capital projects anticipated, the proposed
expenditures therefore, and the revenues or other sources of funds anticipated
to finance such capital projects.
SECTION
7-404.
Submission of budgets to the
board of commissioners.
(a)
In advance of initiating preparations of the annual budget, the mayor, with
participation of the board, shall develop a statement of the general fiscal
policies of Macon-Bibb, Georgia, the important features of the budgets,
explanations of major changes recommended for the next fiscal year, a general
summary of the budgets, and such other comments and information as may be deemed
pertinent.
(b) On or before a date
fixed by the board but not later than 60 days prior to the beginning of each
fiscal year, the COO, in consultation with the department heads, shall prepare
an operating budget to submit to the mayor. The mayor of the unified government
shall submit to the board a proposed operating budget and a proposed capital
improvements budget for the ensuing fiscal year. Such budgets shall be
accompanied by a message from the mayor containing a statement of the general
fiscal policies of Macon-Bibb, Georgia, the important features of the budgets,
explanations of major changes recommended for the next fiscal year, a general
summary of the budgets, and such other comments and information as may be deemed
pertinent. A summary of the budgets and the mayor's message thereon shall be
published on the official Macon-Bibb website. The operating budget and the
capital improvements budget, the budget message, and all supporting schedules
shall be filed in the COO's office and shall be open to public
inspection.
SECTION
7-405.
Adoption of
budgets.
(a)
The board shall approve, reject, or amend the proposed operating budget. The
budget as finally adopted shall provide for all expenditures required by law or
by other provisions of this charter and for all debt service requirements for
the ensuing fiscal year. The total appropriations from any fund shall not
exceed the estimated fund balance, reserves, and revenues constituting the
resources available of such fund.
(b)
The board shall adopt the final annual operating budget for the ensuing fiscal
year not later than the thirtieth day of June of each year, and such budget
shall be effective for the fiscal year beginning on the first day of July. In
the event the board fails to adopt the budget by this date, the amounts
appropriated for current operation for the current fiscal year shall be deemed
adopted for the ensuing fiscal year, with appropriate items prorated
accordingly, until such time as the board shall adopt a budget for the ensuing
fiscal year. Adoption of the annual operating budget shall take the form of an
appropriation ordinance setting out estimated revenues in detail by source and
making appropriations accordingly to fund organizational units, purposes, or
activities as set forth in the budget
document.
(c) The amount set out in
the adopted operating budget for each organizational unit, purpose, or activity
shall constitute the annual appropriation for such item, and no expenditure
shall be made or encumbrance created in excess of the otherwise unencumbered
balance of the appropriation, or allotment thereof, to which it is
chargeable.
(d) The board shall adopt
by ordinance the capital improvements program and capital budget for the ensuing
fiscal year not later than the thirtieth day of June of each year. The capital
budget ordinance shall show in detail the capital expenditures intended to be
made or incurred in the ensuing fiscal year that are to be financed from funds
subject to control or appropriation by the board and shall be in full conformity
with that part of the capital program applicable to the year which it covers.
Amounts specified as intended to be spent out of new appropriations shall, upon
enactment of the capital budget ordinance, constitute appropriations of such
amounts.
SECTION
7-406.
Property tax
levies.
Following
the adoption of the operating and capital improvements budgets for each fiscal
year:
(1)
The board shall levy by ordinance a general services area tax on all real and
personal property within the general services tax district as provided by this
charter. The tax rate set by such ordinance shall be such that a reasonable
estimate of cash revenues from such levy shall be at least 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 services
area for services to be rendered throughout the entire area of Macon-Bibb,
Georgia. Such services shall include those functions set forth in subsections
(c) and (d) of Section 7-301 of this charter, and such other purposes,
functions, and services as may be authorized by the laws of Georgia, by this
charter, or by ordinance of the board;
(2)
The board shall levy by ordinance an urban services area tax on all real and
personal property within the urban services tax district as authorized by this
charter. The tax rates set by such ordinance for each district shall be such
that a reasonable estimate of cash revenues from such levy shall be at least
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 a higher level of services to be rendered in urban services areas;
and
(3)
The board shall levy by ordinance a special services area tax on all real and
personal property within any special services tax district as authorized by this
charter. The tax rates set by such ordinance for each district shall be such
that a reasonable estimate of cash revenues from such levy shall be at least
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 a higher level of services to be rendered in a special services
area.
SECTION
7-407.
Limitation of
funds.
Upon
certification by the COO that the revenues or other resources actually realized
with respect to any fund will be less than was anticipated and will be
insufficient to meet the amounts appropriated from such fund, it shall be the
duty of the COO upon the instruction of the mayor of the unified government to
limit such appropriations as may be necessary to prevent deficit
operation.
SECTION
7-408.
Transfer of funds.
Upon
recommendation of the COO and approval of the mayor, the board may make
interfund or interdepartmental transfers in the current operating budget or
capital improvements budget at any regular or special meeting called for such
purpose, provided funds are also available.
SECTION
7-409.
Lapse of
appropriations.
All
unencumbered balances of appropriations in the current operating budget at the
end of the fiscal year shall lapse into the unappropriated surplus or reserves
of the fund or funds from which such appropriations were made.
SECTION
7-410.
Continuing audit.
The
auditor shall conduct a continuing internal audit of the fiscal affairs and
operations of every department, office, and agency of the unified
government.
SECTION
7-411.
Postaudit.
(a)
The board shall provide annually for an independent audit of the accounts and
other evidences of financial transactions of the government of Macon-Bibb,
Georgia, and of every office, department, board, commission, authority, or other
agency. The audit shall be made by a certified public accountant who shall have
no personal interest, direct or indirect, in the fiscal affairs of Macon-Bibb,
Georgia, or of any of its departments, offices, boards, commissions,
authorities, or agencies. The board shall by competitive bids, taking into
consideration the lowest and best bid, designate such accountant or firm
annually or for a period not exceeding three
years.
(b) The audit may be conducted
on a quarterly or continuing basis, and the final report of the annual audit
shall be completed as soon as practicable after the close of the fiscal year,
and in no event later than six months after the close of the fiscal year. The
audit report shall be filed with the COO and made available to the
public.
(c) The board may at any time
order an examination or special audit of any office, department, board,
commission, or other agency of Macon-Bibb, Georgia.
CHAPTER
5 - Procurement and Disposition of
Property
SECTION
7-501.
Contracting
procedures.
The
board shall prescribe by ordinance rules and regulations which must be followed
in the making of contracts in order to bind the government of Macon-Bibb,
Georgia. Except where otherwise provided by law or by ordinance, all contracts
of the government of Macon-Bibb, Georgia, shall be signed by the mayor and
authenticated by the COO.
SECTION
7-502.
Sale and disposition of
property.
(a)
The board is authorized to sell any real or personal property owned or held by
Macon-Bibb, Georgia, and not needed for governmental or other public purposes in
such manner as is required in state law for counties, as provided for in Code
Sections 36-9-2 and 36-9-3 of the
O.C.G.A.
(b) The board is empowered to
authorize the following transactions:
(1)
A transfer of any real or personal property owned by Macon-Bibb, Georgia, to
another governmental entity upon finding that such transfer is in the public
interest;
(2)
A sale of any such property to another governmental entity; and
(3)
An exchange of such property for property that is owned privately or by some
other governmental entity.
In
each instance, whether the property is transferred, sold, or exchanged, the
requirements of a public sale shall not be required; but a statement thereof
shall be published in the newspaper designated as the legal organ of the unified
government once a week for the two weeks preceding the day in which such
transaction is to be concluded. Such statement shall contain a description of
the property or properties involved and the prices and estimated values as to
each item of property.
(c) Macon-Bibb,
Georgia, may quitclaim any rights it may have in property not needed for public
purposes upon a report by the COO of the unified government and the adoption by
the board of a resolution, both finding that the property is not needed for
public purposes and that the interest of the government of Macon-Bibb, Georgia,
therein has no readily ascertainable monetary
value.
(d) Whenever in opening,
extending, or widening any street, avenue, alley, or public place of Macon-Bibb,
Georgia, a small parcel or tract of land is cut off or separated by such work
from a larger tract of land owned by Macon-Bibb, Georgia, the board may
authorize the execution and deliverance in the name of the government of
Macon-Bibb, Georgia, of a deed conveying said cut-off or separated parcel or
tract of land to an abutting or adjoining property owner or owners in exchange
for rights of way in said street, avenue, alley, or public place, or in
settlement of any alleged damages sustained by said abutting or adjoining
property owner. All deeds and conveyances so executed and delivered shall
convey all title and interest the government of Macon-Bibb, Georgia, has in such
property.
ARTICLE
VIII
GENERAL
PROVISIONS
SECTION
8-101.
Application of laws; laws in
force.
(a)
The general laws of the State of Georgia of a criminal nature shall be
applicable to and within the limits of the unified government. General laws of
local application through classification by population, not in conflict with
this charter:
(1)
Which on the effective date of this charter apply to the City of Macon or Bibb
County, Georgia, shall be applicable to the unified government; and
(2)
Which apply to Macon-Bibb, Georgia, as either a city or a county at the time of
their enactment or thereafter shall be effective; but those which did not apply
to the City of Macon or Bibb County or the unified government at the time of
their enactment shall not become applicable to the unified government except
through the adoption of a resolution to that effect by the board.
(b)
Local Acts of the State of Georgia which apply specifically to either Bibb
County or the City of Macon, or both, shall be applicable to the unified
government.
(c) In construing the
applicability of provisions of the Constitution and the general laws of Georgia
which apply in general terms to either counties or municipalities, or both, and
local Acts of the General Assembly that apply specifically to Bibb County or the
City of Macon, or both, the following terms as used in such laws shall be
construed to include the unified government as follows:
(1)
"County" shall be construed to include Macon-Bibb, Georgia;
(2)
"City," "town," "municipal corporation," or "municipality" shall be construed to
include Macon-Bibb, Georgia;
(3)
"Commissioners of Roads and Revenues" and "Board of County Commissioners" shall
be construed to include the Board of Commissioners of Macon-Bibb,
Georgia;
(4)
"Council," "Mayor and Council," "Aldermen," and "Board of Aldermen" shall be
construed to include the Board of Commissioners of Macon-Bibb,
Georgia;
(5)
"Chairman of the Commissioners of Roads and Revenues" and "Chairman of the Board
of County Commissioners" shall be construed to include the mayor of Macon-Bibb,
Georgia;
(6)
"Mayor" shall be construed to include the mayor of Macon-Bibb, Georgia;
and
(7)
Any other terms and provisions as used in such Acts to refer specifically to
Bibb County or the City of Macon, or both, and the officers, employees,
departments, and agencies thereof shall be construed to mean Macon-Bibb,
Georgia, and its officers, employees, departments, and agencies.
(d)
In construing the applicability of laws in force to the unified government, the
following order shall prevail:
(1)
The Constitution of the State of Georgia;
(2)
The general laws of uniform application now in force or hereafter enacted by the
General Assembly (as distinguished from general laws of local application
through classification by population) applicable to municipal corporations or
counties, or both;
(3)
The general laws of local application through classification by population as
and to the extent provided in subsection (a) of this section;
(4)
Special laws applicable to Bibb County not in conflict with this
charter;
(5)
Special laws applicable to the City of Macon not in conflict with this
charter;
(6)
This charter and all ordinances and resolutions passed pursuant thereto;
and
(7)
Existing ordinances and resolutions of the former City of Macon and existing
ordinances and resolutions of the former County of Bibb not in conflict with
this charter.
SECTION
8-102.
Limitation on claims and
service.
(a)
All contractual claims against the unified government shall be presented within
12 months after they accrue or become payable or the same as claimed, unless
held by minors or other persons laboring under disabilities, who are allowed 12
months after the removal of such
disability.
(b) Service on the unified
government of any suit, process, or order of court shall be served upon the
mayor.
SECTION
8-103.
Tort and nuisance
liability.
The
tort and nuisance liability of the unified government shall follow the law and
rules of tort liability applicable to counties in Georgia.
SECTION
8-104.
Conflict of laws.
For
purposes of all applicable laws, the unified government of Macon-Bibb, Georgia,
shall constitute a municipality and a county, or both. Except as otherwise
provided by this charter, if a law applicable to municipalities and the same or
another law applicable to counties are in conflict, the law applicable to
municipalities shall prevail.
SECTION
8-105.
Competitive
bidding.
All
departments and agencies of the unified government shall utilize competitive
bidding procedures, as specified in an ordinance of the board, for all purchases
in excess of an amount provided for in an ordinance of the board, unless such
purchase shall be otherwise approved by six of the nine
commissioners.
SECTION
8-106.
Execution of
assessments.
Whenever
any tax or special assessment is authorized or empowered to be levied or imposed
by this charter which is required to be collected by the unified government and
such is not paid within the time period specified by the board and no specific
provision is elsewhere provided in this charter for its collection, then the COO
shall issue execution in the name of Macon-Bibb, Georgia, against such person,
firm, or entity liable therefor or property subject thereto for such sums as may
be due with interest at the legal rate from due date, and penalties and costs.
The unified government shall have the right to enforce payment of such execution
by levy and sale as in the case of county taxes, and the purchaser at such sale
shall acquire the same title and rights as a purchaser at a sale for county
taxes. Executions issued by the COO of Macon-Bibb, Georgia, and the levy and
sale thereunder shall be governed by general law.
SECTION
8-107.
Authority to deal with federal
and state agencies.
The
unified government of Macon-Bibb, Georgia, shall have the power and authority to
participate in, cooperate in, and take all necessary action with respect to any
and all projects, programs, and undertakings of any nature authorized by any
statute, rule, or regulation of the United States, the State of Georgia, or any
federal or state agency or instrumentality, including, but not limited to,
community development, highways, aviation, aviation terminals, airports, airport
facilities, municipal area or regional development, sewer and sewage disposal,
public housing, housing for the aged, and transportation or mass transit or any
phase thereof; to borrow money and issue promissory notes, general obligation
bonds, or revenue bonds or a combination thereof for any such purposes in
accordance with provisions of this charter; and to execute mortgages or deeds of
trust in favor of any federal agency, secured by property of which the unified
government is the legal or beneficial or equitable owner, or in favor of any
private agency where the loan is guaranteed by a federal agency.
SECTION
8-108.
Federal and state
aid.
The
unified government of Macon-Bibb, Georgia, shall be deemed a county but shall
also be deemed an incorporated city or municipality for the purpose of
determining its right to receive and for the purpose of receiving state aid or
grant-in-aid from the State of Georgia or from the United States or from any
agency or instrumentality thereof or from any other source, public or private.
The unified government shall be entitled to receive as state aid or as
grant-in-aid from the State of Georgia or from the United States or from any
agency or instrumentality thereof or from any other source, public or private,
all funds to which a county is, or may hereafter be, entitled, and also all
funds to which an incorporated city or municipality is, or may be hereafter
entitled, and to receive the same without diminution or loss by reason of
unification. When state aid or other grant-in-aid is distributed to any county
on the basis of population or area, or both, then the entire population and the
total area of Macon-Bibb, Georgia, shall be considered in calculating and
determining the basis for such distribution. When state aid or other
grant-in-aid is distributed to any county on the basis of rural area, rural road
mileage, or rural population, or any combination thereof, then that area of the
general services area outside of the urban services area or areas of Macon-Bibb,
Georgia, shall be deemed to constitute rural area, its road mileage to
constitute rural road mileage, and its population to constitute rural
population. When state aid or other grant-in-aid is distributed to any
incorporated city or municipality on the basis of population or area, or both,
then the population or the area of the urban services area or areas of
Macon-Bibb, Georgia, shall be deemed the population and the area used in
calculating and determining the basis of such distribution.
SECTION
8-109.
Budgets of county officers and
agencies.
All
elected officers and all agencies not under the direct control and jurisdiction
of the COO, such as the Board of Health and the Board of Family and Children
Services, which receive appropriations from the board, shall, on the same date
as is applicable to budgets submitted by department heads, submit to the COO
annual operating and capital budget requests for the ensuing fiscal year. Such
budget requests, after any revisions therein by the COO and the mayor, shall be
incorporated into the overall unified government budget for submission by the
mayor to the board, which shall grant a hearing to any such officer or agency on
such proposed budgets.
SECTION
8-110.
Existing pension rights
protected.
(a)
Persons who, at the time this charter takes effect, are employed by any office,
department, board, commission, or agency of the former City of Macon shall
retain all pension rights which have accrued to them under any existing pension
system. Macon-Bibb, Georgia, shall continue in force and effect any existing
pension system for city employees covered thereby who are employed by the
unified government, and the services of such employees shall not be deemed to
have been interrupted by the adoption of this
charter.
(b) Persons who, at the time
this charter takes effect, are employed by any office, department, board,
commission, or agency of the former County of Bibb shall retain all rights which
have accrued to them under any existing pension system. Macon-Bibb, Georgia,
shall continue in force and effect any existing pension system for county
employees covered thereby who are employed by the unified government, and the
services of such employees shall not be deemed to have been interrupted by the
adoption of this charter.
SECTION
8-111.
Establishment of new pension
systems; merging of existing systems.
The
board is hereby authorized and empowered to establish and maintain a new pension
system or pension systems affecting new employees and such other employees as
desire to be covered thereby and to revise, combine, and consolidate any pension
system in effect on the effective date of this charter; provided, however, that
in no event shall any revision, combination, or unification of any existing
pension system in effect when this charter is adopted result in the curtailment
or diminishment of any right accrued under any existing pension system to any
person heretofore employed by the City of Macon, Bibb County, or of any agency
of such former governments.
SECTION
8-112.
Amending charter.
This
charter may be modified, rescinded, changed, or amended by only the following
methods:
(1)
An Act of the General Assembly of Georgia; or
(2)
An ordinance adopted by the Board of Commissioners of Macon-Bibb, Georgia, as
provided for in Article IX, Section II, Paragraph I of the Constitution of the
State of Georgia.
SECTION
8-113.
Fidelity bonds.
All
officers of Macon-Bibb, Georgia, both elected and appointed, shall execute such
official bonds in such amounts and upon such terms and conditions as the law or
the board may require.
SECTION
8-114.
Examples of powers.
The
powers of Macon-Bibb, Georgia, shall include, but shall not be limited to, the
following powers:
(1)
Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all
taxable property;
(2)
Other taxes: to levy, assess, and collect other taxes allowed by general law
and in accordance therewith;
(3)
Business regulation and taxation: to levy, assess, and collect occupation taxes
and to license and regulate occupations and businesses;
(4)
Appropriations: to make appropriations and expend funds for support of the
unified government and any other lawful purpose;
(5)
Debts: to borrow money and issue bonds as authorized by general
law;
(6)
Property: to own property and interests in property;
(7)
Gifts: to accept gifts and grants for any purpose related to the powers and
duties of the unified government on such terms as the donor may
impose;
(8)
Condemnation: to condemn property inside the unified government for present or
future use;
(9)
Public utilities: to acquire, lease, operate, and dispose of public
utilities;
(10)
Franchises: to grant franchises or make contracts for public utilities and to
prescribe the conditions of such franchises and contracts;
(11)
Roadways: to open, maintain, improve, and close streets and roads and to grant
franchises and rights of way thereon;
(12)
Public facilities: to acquire, operate, and dispose of public buildings, public
projects, parks, cemeteries, recreational facilities, and other public
improvements inside the unified government;
(13)
Building regulation: to regulate the building trades and the construction of
buildings and to adopt and enforce building, housing, plumbing, electrical, gas,
heating, and air-conditioning codes;
(14)
Planning and zoning: to adopt land use plans and exercise the power of zoning,
subdivision regulation, and the like;
(15)
Police power: to exercise the police power for the public safety and well-being
of the citizens of the unified government;
(16)
Roadside regulation: to prohibit or regulate signs, billboards, and other items
upon or adjacent to streets and roads;
(17)
Health: to prescribe and enforce health and sanitation standards;
(18)
Pollution: to regulate emissions which pollute the air and water;
(19)
Fire safety: to fix fire limits and to prescribe and enforce fire safety
regulations;
(20)
Public hazards: to provide for the destruction or removal of public
hazards;
(21)
Waste disposal: to provide for and regulate the collection, disposal, and
recycling of garbage and wastes;
(22)
Garbage fees: to fix and collect garbage fees;
(23)
Nuisances: to define and provide for the abatement of nuisances;
(24)
Property protection: to preserve and protect the property of the unified
government;
(25)
Prisoners: to provide for public work by prisoners and for their
confinement;
(26)
Animal control: to regulate or prohibit the keeping of animals;
(27)
Motor vehicles: to regulate the operation and parking of motor
vehicles;
(28)
Taxicabs: to regulate vehicles operated for hire in the unified
government;
(29)
Pensions: to provide and maintain a system of pensions and retirement for
employees and officers of the unified government; provided, however, that any
such retirement system or pension plan shall be a public retirement system
subject to all provisions of general law including, without limitation, the
minimum funding standards, the investment authority, and other provisions of
Chapter 20 of Title 47 of the O.C.G.A., the "Public Retirement Systems Standards
Law";
(30)
Special assessments: to levy, assess, and collect special assessments to cover
the cost of public improvements;
(31)
Contracts: to enter into lawful contracts and agreements;
(32)
Agencies: to create, alter, or abolish departments, boards, offices,
commissions, authorities, and agencies of the unified government and to confer
appropriate authority upon them;
(33)
Penalties: to provide penalties for violations of ordinances of the unified
government;
(34)
Emergencies: to provide for the determination, proclamation, and combating of
emergencies;
(35)
Urban redevelopment: to organize and operate an urban redevelopment
program;
(36)
Public transportation: to organize and operate public transportation systems;
and
(37)
General health, safety, and welfare: to define, regulate, and prohibit any act,
practice, conduct, or use of property which is detrimental to the health,
sanitation, cleanliness, welfare, and safety of the inhabitants of the unified
government.
SECTION
8-115.
Provision of
services.
When
determining services to be provided, the unified government of Macon-Bibb,
Georgia, shall always attempt:
(1)
To efficiently allocate resources to increase the quality of life for all
citizens of Macon-Bibb;
(2)
To provide the highest quality services to all citizens of
Macon-Bibb;
(3)
To ensure efficient utilization of community resources;
(4)
To promote equity for all citizens in the delivery of governmental services
throughout Macon-Bibb; and
(5)
To recognize and consider the advantages of the provision of services through
contractual arrangements with other governments and private
enterprises.
SECTION
8-116.
Historic items.
It
shall be the responsibility of the unified government to collect, preserve, and
display documents and other items of historical significance to the City of
Macon and Bibb County.
SECTION
8-117.
Section captions.
The
captions to the several sections of this charter are informative only and are
not be construed as a part thereof.
SECTION
8-118.
Effect of repeals.
No
law heretofore repealed, expressly or by implication, shall be revived by the
repeal herein of the repealing Act or by any provision of this charter that
disclaims an intention to repeal or affect enumerated laws.
SECTION
8-119.
Severability
clause.
If
any provision of this charter or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this charter which can be given effect without the invalid
provision or application, and to this end, the provisions of this charter are
declared to be severable.
SECTION
8-120.
Repeal of conflicting
laws.
All
laws and parts of laws in conflict with this charter are hereby
repealed.
ARTICLE
IX
TRANSITION
PROVISIONS
SECTION
9-101.
Election of first
officials.
(a)
The initial election for the purpose of electing the first mayor and members of
the board of commissioners of the unified government shall be held on the
Tuesday next following the first Monday in November, 2012. The board of
elections shall publish notice of the call for such election in the newspaper in
which the Bibb County sheriff's advertisements appear at least 30 days prior to
the date of such election.
(b) The
election shall be held in accordance with the provisions of Chapter 2 of Title
21 of the O.C.G.A., the "Georgia Election Code." Within 30 days following the
approval of this charter as provided in Section 9-113 of this charter, the Board
of Elections of Bibb County shall prepare a list of qualified voters for each of
the nine commission districts described in Appendix A of this charter. The
officials elected at such election shall commence the terms of their office on
the effective date of this charter.
(c)
The qualifications for office for such initial election shall be as prescribed
by applicable provisions of this
charter.
(d) Any elected official of
Bibb County or of any municipality lying wholly or partially therein and who is
otherwise qualified under this charter shall be entitled to qualify and run for
an office of the unified government.
SECTION
9-102.
Initial terms of
office.
The
initial terms of the mayor and commissioners of the unified government elected
at the November, 2012, election from the odd-numbered districts shall be for two
years. The initial terms of the first commissioners of the unified government
elected at the November, 2012, election from even-numbered districts shall be
for four years. Such terms shall commence on January 1, 2013. Thereafter
elections, all commissioners shall be elected for four-year terms.
SECTION
9-103.
Provision of services during
transition.
In
order to unify the two governments and to assure the common and continued
administration of services currently provided by both the City of Macon and Bibb
County, the following procedures shall apply:
(1)
On January 1, 2013, all services currently provided by the county shall be
provided through the general services area to all residents of the county, and
all services provided by the city shall be provided through the urban services
area to the current residents of the City of Macon. Assuming the continued
availability of state and federal funds, these service arrangements shall apply
until modified as provided under the provisions cited in this
section;
(2)
Not later than January 1, 2014, the unified government shall adopt a service
delivery plan that includes, but is not limited to, the following:
(A)
An administrative mechanism with appropriate status and adequate budget to
develop and implement a comprehensive program of human and economic development.
The program shall be responsible for identifying problems and needs that exist
in the community and for identifying and securing resources needed to
effectively address these problems and needs. The program shall encourage
efforts to enable, empower, and involve the disadvantaged; address the causes of
crime; work to enhance the quality of life of all citizens; and to help ensure
that the unified government will be responsive to the needs of all citizens;
and
(B)
An administrative mechanism with appropriate status and adequate budget to
develop and implement adequate parks and recreation programs that will be
available to all citizens of Macon-Bibb; and
(3)
The unified government shall work with due speed to equalize the charges for all
services throughout the county.
SECTION
9-104.
Existing employees.
(a)
The unified government shall give hiring preference to full-time employees of
the City of Macon and Bibb County and full-time employees of any department,
office, or agency thereof upon the termination of said city and county
governments and the inception of the unified
government.
(b) No person shall be
appointed to, removed from, or in any way favored or discriminated against with
respect to any position in the unified government because of race, gender,
religion, age, handicap, or national origin.
SECTION
9-105.
Initial budget.
(a)
Until July 1, 2013, Macon-Bibb, Georgia shall operate under the funds remaining
from the fiscal year of the combined budgets of the City of Macon and Bibb
County.
(b)(1)
The first full 12 month budget of the unified government for fiscal year 2013
shall not exceed an amount equal to the combined fiscal year general operating
budgets of the City of Macon and Bibb County, plus increases due to inflation as
specified in the Consumer Price Index, but not including capital road
improvement and other special revenue funds or one-time costs related to the
unification.
(2)
The 12 month budget of the unified government for fiscal year 2014 shall not
exceed an amount equal to 98 percent of the preceding year's fiscal year general
operating budgets, plus increases due to inflation as specified in the Consumer
Price Index, but not including capital road improvement and other special
revenue funds.
(3)
The 12 month budget of the unified government for fiscal year 2015 shall not
exceed an amount equal to 97 percent of the preceding year's fiscal year general
operating budgets, plus increases due to inflation as specified in the Consumer
Price Index, but not including capital road improvement and other special
revenue funds.
(4)
The 12 month budget of the unified government for fiscal year 2016 shall not
exceed an amount equal to 96 percent of the preceding year's fiscal year general
operating budgets, plus increases due to inflation as specified in the Consumer
Price Index, but not including capital road improvement and other special
revenue funds.
(5)
The 12 month budget of the unified government for fiscal year 2017 shall not
exceed an amount equal to 95 percent of the preceding year's fiscal year general
operating budgets, plus increases due to inflation as specified in the Consumer
Price Index, but not including capital road improvement and other special
revenue funds.
(c)
The budget limits established by subsection (b) of this section may be exceeded
by not more than 15 percent in any given year if extreme economic circumstances
require, but only by a vote of seven of nine councilmembers at an open meeting
after notice on the official website of Macon-Bibb once a week for two
consecutive weeks prior to the meeting and the hearing of public
comments.
SECTION
9-106.
Number of
employees.
From
January 1, 2013, until July 1, 2013, the total number of employees of
Macon-Bibb, Georgia, shall not exceed the combined number of employees
authorized for the governments of the City of Macon and Bibb County on the
effective date of this charter.
SECTION
9-107.
Cooperation of former
governments.
(a)
All officers, officials, and employees of the former City of Macon and Bibb
County shall cooperate with and assist the mayor, the board, the chief operating
officer, and other officers of Macon-Bibb, Georgia:
(1)
In planning the unification of departments, boards, commissions, and agencies of
said former governments and in transferring the functions, duties, and
responsibilities of such departments, boards, commissions, authorities, and
agencies to the appropriate agencies of the unified government of Macon-Bibb,
Georgia; and
(2)
In all other respects in order that the transfer of the governments be
accomplished in the most orderly manner possible. The officers of the unified
government shall be entitled to examine all records, files, and other data in
the possession of the former governments and of all officers, officials,
employees, and departments thereof. The former governments shall, to the extent
possible, provide working areas and facilities for the officers of the unified
government.
(b)
A schedule for activity during the transition period is contained in Appendix B,
attached to and made a part of this charter.
SECTION
9-108.
Existing ordinances and
resolutions continued in effect.
(a)
Subject to subsection (d) of this section, existing ordinances and resolutions
of the Commission of Bibb County and existing rules and regulations of county
departments or agencies, not inconsistent with the provisions of this charter,
shall continue in effect as ordinances, resolutions, rules, or regulations of
Macon-Bibb, Georgia, or the appropriate department or agency thereof until they
have been repealed, modified, or
amended.
(b) Subject to subsection (d)
of this section, existing ordinances and resolutions of the City of Macon, not
inconsistent with the provisions of this charter, shall continue in effect as
ordinances and resolutions of Macon-Bibb, Georgia, and shall apply only to the
area included within the urban services area until they have been repealed,
modified, or amended.
(c) Subject to
subsection (d) of this section, in the event of a conflict between any of the
ordinances or resolutions continued by this section, the provisions thereof
shall apply only to the territory of the unified government that such ordinance
or resolution applied prior to the effective date of this charter and until such
ordinance or resolution is repealed, changed, or amended to eliminate the
conflict.
(d) Prior to this date, the
board shall review all ordinances and resolutions and take whatever action is
needed to remove any conflicts between ordinances and resolutions continued by
this section in order to produce a uniform body of ordinances and resolutions
free of any conflicts or contradictions between such provisions. This provision
shall not prohibit the unified government from ratifying existing ordinances or
adopting new ordinances that differentiate based on reasonable factors as
determined by the board, including, but not limited to, population
density.
SECTION
9-109.
Contracts and
obligations.
(a)
Except as otherwise provided by this charter, all contracts, orders, leases,
bonds, and other obligations or instruments entered into by Bibb County or for
its benefit prior to the effective date of this charter shall continue in effect
according to the terms thereof as obligations and rights of the unified
government; provided, however, that any obligation created by Bibb County to
become effective after the date of approval of this charter and prior to the
effective date of this charter shall be subject to ratification and approval by
the Board of Commissioners of Macon-Bibb, Georgia, within six months following
the effective date of this charter.
(b)
Except as otherwise provided by this charter, contracts, orders, leases, bonds,
and other obligations or instruments entered into by the City of Macon or for
its benefit prior to the effective date of this charter shall continue in effect
according to the terms thereof as obligations and rights of the unified
government; provided, however, that any obligation created by the City of Macon
to become effective after the date of approval of this charter and prior to the
effective date of this charter shall be subject to ratification and approval by
the Board of Commissioners of Macon-Bibb, Georgia, within six months following
the effective date of this charter.
(c)
No pending action or proceeding of any nature (whether civil, criminal,
judicial, administrative, or other) by or against the City of Macon or Bibb
County or an agency or department thereof shall be abated or otherwise affected
by the adoption of this charter, and Macon-Bibb, Georgia, shall stand
substituted as a party in lieu thereof.
SECTION
9-110.
Dissolution of existing
governments.
(a)
On January 1, 2013, the Commission of Bibb County and the mayor and Council of
the City of Macon and all the officers thereof and the offices thereof not
continued under this charter are abolished, and all emoluments appertaining
thereto shall cease. Thereupon, the governments of Bibb County and the City of
Macon shall terminate as separate political entities, and all powers, functions,
duties, and obligations thereof shall be transferred to and vested in the
unified government created by this
charter.
(b) The term of the mayor and
councilmembers for the City of Macon and Payne City whose terms began in
January, 2012, shall expire on January 1, 2013.
SECTION
9-111.
Transfer of records and
equipment.
When
an agency of the City of Macon or of Bibb County is abolished or unified by this
charter, all books, papers, maps, charts, plans, records, other equipment, and
personal property in possession of the same shall be delivered to the agency to
which its rights, powers, duties, and obligations are transferred.
SECTION
9-112.
Officers serve until successors
qualify.
Notwithstanding
any other provision of this charter, any officer performing duties under the
government of the City of Macon, Payne City, or Bibb County may continue to
perform the duties thereof until a successor, whether under the same title or
office of another, shall be elected or appointed and qualified to perform the
duties, it being the intention hereof that no duty or service shall lapse or be
abandoned because of lack of an officer to perform same.
SECTION
9-113.
Referendum on the
charter.
(a)
Not less than 30 days nor more than 60 days after receipt of the certified copy
of the proposed charter and after receipt of approval by the Department of
Justice of such proposed charter, it shall be the duty of the Bibb County Board
of Elections to call a special election for approval or rejection of the
proposed charter. The date of the election shall be Tuesday following, the
first Monday in November 2011. The board shall cause the date and purpose of
the election to be published once a week for two calendar weeks immediately
preceding the date thereof in the official legal organ of Bibb County. The
ballot shall have written or printed thereon the following:
"( ) YES
( ) NO
|
Shall
the charter unifying the governments of the City of Macon, Payne City, and Bibb
County and creating a single county-wide government to supersede and replace
those governments and which shortens the terms of the mayor and certain
councilmembers of the City of Macon and Payne City for one year be
approved?"
|
(b)
All persons desiring to vote for approval of the charter shall vote "YES," and
those persons desiring to vote for rejection of the charter shall vote "NO." If
more than one-half of the votes cast by the qualified voters of Bibb County
residing within the corporate limits of the City of Macon are for approval of
the charter and if more than one-half of the total votes cast by all the
qualified voters of Bibb County are for approval of the charter, then the
charter shall become effective. Otherwise, it shall be void and of no force and
effect. If more than one-half of the votes cast by the qualified voters of Bibb
County residing within the corporate limits of Payne City are for approval of
the charter, and if the charter otherwise becomes effective, then the charter of
Payne City shall be repealed, and the territory of Payne City shall become a
part of the unified government as otherwise provided in this charter. Otherwise,
Payne City shall retain its charter and shall not become a part of the unified
government. The expense of such election shall be borne equally by the City of
Macon and Bibb County.
(c) The special
election shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A.,
the "Georgia Election Code."
(d) A
qualified voter, as used herein, shall mean a voter of Bibb County qualified to
vote for members of the General Assembly of Georgia. The board shall certify
the returns to the Secretary of State. The board shall also furnish a certified
copy of the charter to the Secretary of State. The Secretary of State shall
issue a proclamation showing and declaring the result of the election on the
approval or rejection of the charter. One copy of the proclamation shall be
attached to the copy of the charter certified to the Secretary of State. One
copy of the proclamation shall be delivered to the clerk of the governing
authority of the City of Macon who shall attach the same to the copy of the
charter previously certified to him or her. One copy of the proclamation shall
be delivered to the clerk of the governing authority of Bibb County who shall
attach the same to the copy of the charter previously certified to him or her.
If Payne City becomes a part of the unified government as provided in this
section, one copy of the proclamation shall be delivered to the clerk of the
governing authority of Payne City who shall attach the same to the copy of the
charter previously certified to him or her.
(e) Whenever a charter for the
unification of the governments of the City of Macon, Payne City, and Bibb County
has been accepted, the above-certified copies thereof, with the proclamation of
the Secretary of State of Georgia attached thereto, shall be deemed duplicate
original copies of the charter of the unified government for all purposes. The
certified copy of the charter and proclamation deposited with the clerk of the
governing authority of the City of Macon, the certified copy of the charter and
proclamation deposited with the clerk of the governing authority of the Payne
City, if applicable, and the certified copy of the charter and proclamation
deposited with the clerk of the governing authority of Bibb County shall
subsequently be delivered by them to the successor government. The successor
government may issue certified copies of the charter, and any copy so certified
shall be deemed a duplicate original copy of the charter of the unified
government for all purposes. The Secretary of State is authorized to issue
certified copies of the charter on file, and copies so certified shall be deemed
duplicate original copies of the charter of the unified government for all
purposes.
SECTION
9-114.
Effective dates.
Section
9-101 of this charter, relating to initial elections, subsection (b) of Section
9-110 of this charter, relating to the extension of terms of certain City of
Macon and Payne City councilmembers, and Section 9-113 of this charter, relating
to a referendum, shall become effective on July 1, 2011. The remaining sections
of this charter shall become effective on January 1, 2013.