Bill Text: GA SB530 | 2011-2012 | Regular Session | Introduced
Bill Title: Mansfield, City of; provide a new charter
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-07-01 - Effective Date [SB530 Detail]
Download: Georgia-2011-SB530-Introduced.html
12 LC
34 3388
Senate
Bill 530
By:
Senator Jeffares of the 17th
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a new charter for the City of Mansfield; to provide for incorporation,
boundaries, and powers of the city; to provide for a governing authority of such
city and the powers, duties, authority, election, terms, method of filling
vacancies, compensation, qualifications, prohibitions, and removal from office
relative to members of such governing authority; to provide for inquiries and
investigations; to provide for organization and procedures; to provide for
ordinances and codes; to provide for the office of mayor and certain duties and
powers relative to the office of mayor; to provide for administrative
responsibilities; to provide for boards, commissions, and authorities; to
provide for a city attorney, a city clerk, a city treasurer, and other
personnel; to provide for rules and regulations; to provide for a municipal
court and the judge or judges thereof; to provide for practices and procedures;
to provide for taxation and fees; to provide for franchises, service charges,
and assessments; to provide for bonded and other indebtedness; to provide for
accounting and budgeting; to provide for purchases; to provide for the sale of
property; to provide for bonds for officials; to provide for eminent domain; to
provide for penalties; to provide for definitions and construction; to provide
for other matters relative to the foregoing; to provide for an effective date;
to repeal a specific Act; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I
INCORPORATION AND POWERS
SECTION 1.10.
Incorporation; name.
INCORPORATION AND POWERS
SECTION 1.10.
Incorporation; name.
This
city, and the inhabitants thereof, are hereby reincorporated by the enactment of
this charter and are hereby constituted and declared a body politic and
corporate under the name of the "City of Mansfield" and by that name shall have
perpetual succession.
SECTION
1.11.
Corporate boundaries.
Corporate boundaries.
(a)
The boundaries of this city shall be those existing on the effective date of the
adoption of this charter with such alterations as may be made from time to time
in the manner provided by law. The boundaries of this city at all times shall
be shown on a map, a written description or any combination thereof, to be
retained permanently in the office of the city clerk and to be designated, as
the case may be: "Official Map of the corporate limits of the City of Mansfield,
Georgia." Photographic, typed, or other copies of such map or description
certified by the mayor shall be admitted as evidence in all courts and shall
have the same force and effect as with the original map or
description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION
1.12.
Powers and construction.
Powers and construction.
(a)
This city shall have all powers possible for a city to have under the present or
future constitution and laws of this state as fully and completely as though
they were specifically enumerated in this charter. This city shall have all the
powers of self-government not otherwise prohibited by this charter or by
general law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
SECTION
1.13.
Examples of Powers.
Examples of Powers.
(a)
Air and Water Pollution. To regulate the emission of smoke or other exhaust
which pollutes the air, and to prevent the pollution of natural streams which
flow within the corporate limits of the
city.
(b) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder.
(c) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city.
(d) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades;
(e) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses after due process for failure to pay any city taxes or fees.
(f) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.
(g) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations.
(h) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city.
(i) Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment;
(j) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof.
(k) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and
disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firm, and corporations residing in or doing business therein benefitting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges.
(b) Animal Regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder.
(c) Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city.
(d) Building Regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades;
(e) Business Regulation and Taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses after due process for failure to pay any city taxes or fees.
(f) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.
(g) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations.
(h) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city.
(i) Environmental Protection. To protect and preserve the natural resources, environment and vital areas of the city, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment;
(j) Fire Regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof.
(k) Garbage Fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and
disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firm, and corporations residing in or doing business therein benefitting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges.
(l)
General Health, Safety and Welfare. To define, regulate and prohibit any act,
practice, conduct or use of property which is detrimental to health, sanitation,
cleanliness, welfare, and safety of the inhabitants of the city, and to provide
for the enforcement of such
standards.
(m) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or granter may impose.
(n) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards.
(o) Jail Sentences. To provide that persons given jail sentences in the city court may work out such sentences in any public works or on the streets, roads, drains and squares in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials.
(p) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys and walkways of the city.
(q) Municipal Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same.
(r) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia.
(s) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city.
(t) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof.
(u) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms and corporations inside and outside the corporate limits of the city as provided by ordinance.
(v) Nuisance. To define a nuisance and provide for its abatement whether on public or private property.
(w) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia.
(x) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community.
(y) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and a fire fighting agency.
(z) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public.
(aa) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.
(bb) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances.
(cc) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial.
(dd) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission.
(ee) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances.
(ff) Retirement. To provide and maintain a retirement plan for officers and employees of the city.
(gg) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under or across any city property or the right-of-way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses and underpasses for private use at such location, and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so.
(hh) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plan and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose and collect a sewer connection fee or fees to those connected with the system.
(ii) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items.
(jj) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors.
(kk) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements.
(ll) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and
collection of taxes on all property subject to taxation.
(mm) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law.
(nn) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles.
(oo) Urban Redevelopment. To organize and operate an urban redevelopment program.
(pp) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws of the State of Georgia.
(m) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or granter may impose.
(n) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards.
(o) Jail Sentences. To provide that persons given jail sentences in the city court may work out such sentences in any public works or on the streets, roads, drains and squares in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials.
(p) Motor Vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys and walkways of the city.
(q) Municipal Agencies and Delegation of Power. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same.
(r) Municipal Debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia.
(s) Municipal Property Ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city.
(t) Municipal Property Protection. To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof.
(u) Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city; and to provide utility services to persons, firms and corporations inside and outside the corporate limits of the city as provided by ordinance.
(v) Nuisance. To define a nuisance and provide for its abatement whether on public or private property.
(w) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia.
(x) Planning and Zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community.
(y) Police and Fire Protection. To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and a fire fighting agency.
(z) Public Hazards: Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public.
(aa) Public Improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.
(bb) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances.
(cc) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial.
(dd) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission.
(ee) Regulation of Roadside Areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances.
(ff) Retirement. To provide and maintain a retirement plan for officers and employees of the city.
(gg) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under or across any city property or the right-of-way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses and underpasses for private use at such location, and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so.
(hh) Sewer Fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plan and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose and collect a sewer connection fee or fees to those connected with the system.
(ii) Solid Waste Disposal. To provide for the collection and disposal of garbage, rubbish and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items.
(jj) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors.
(kk) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements.
(ll) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and
collection of taxes on all property subject to taxation.
(mm) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law.
(nn) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles.
(oo) Urban Redevelopment. To organize and operate an urban redevelopment program.
(pp) Other Powers. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws of the State of Georgia.
SECTION
1.14.
Exercise of Powers.
Exercise of Powers.
All
powers, functions, rights, privileges, and immunities of the city, its officers,
agencies, or employees shall be carried into execution as provided by this
charter. If this charter makes no provision, such shall be carried into
execution as provided by ordinance or as provided by pertinent laws of the State
of Georgia.
ARTICLE
II. GOVERNMENT
STRUCTURE
SECTION 2.10.
City Council Creation; Number; Election.
SECTION 2.10.
City Council Creation; Number; Election.
The
legislative authority of the government of this city, except as otherwise
specifically provided in this charter, shall be vested in a city council to be
composed of a mayor and five council members. The city council established
shall in all respects be a successor to and continuation of the governing
authority under prior law. The mayor and council members shall be elected in
the manner provided by general law and this charter.
SECTION
2.11.
City Council Terms and Qualifications for Office.
City Council Terms and Qualifications for Office.
The
members of the city council shall serve for terms of four years and until their
respective successors are elected and qualified. No person shall be eligible to
serve as mayor or council member unless he shall have been a resident of the
city for 24 months prior to the date of election of the mayor or members of the
council; each shall continue to reside therein during that member's period of
service and to be registered and qualified to vote in municipal elections of
this city.
SECTION
2.12.
Vacancy; Filling of Vacancies; Suspensions.
Vacancy; Filling of Vacancies; Suspensions.
(a)
Vacancies. The office of mayor or council member shall become vacant upon the
occurrence of the incumbent's death, resignation, forfeiture of office, or
occurrence of any event specified by the Constitution of the State of Georgia,
Title 45 of the Official Code of Georgia Annotated, or such other applicable
laws as are or may hereafter be
enacted.
(b) Filing of Vacancies. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted.
(c) Upon the suspension from office of mayor or council member in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in Section 2.12.b of this section.
(b) Filing of Vacancies. A vacancy in the office of mayor or council member shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remains in the unexpired term, otherwise by an election, as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted.
(c) Upon the suspension from office of mayor or council member in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled as provided in Section 2.12.b of this section.
SECTION
2.13.
Compensation and Expenses.
Compensation and Expenses.
The
mayor and council members shall receive compensation and expenses for their
services as provided by ordinance.
SECTION
2.14.
Conflicts of Interest; Holding Other Offices.
Conflicts of Interest; Holding Other Offices.
(a)
Elected and appointed officers of the city are trustees and servants of the
residents of the city and shall act in a fiduciary capacity for the benefit of
such residents.
(b) Conflict of Interest - No elected official, appointed officer, or employee of the city of any agency or political entity to which this charter applies shall knowingly:
(b) Conflict of Interest - No elected official, appointed officer, or employee of the city of any agency or political entity to which this charter applies shall knowingly:
(1)
Engage in any business or transaction, or have a financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge of
his official duties or which would tend to impair the independence of his
judgment or action in the performance of his official duties;
(2)
Engage in or accept private employment, or render services for private interests
when such employment or service is incompatible with the proper discharge of his
official duties or would tend to impair the independence of his judgment or
action in the performance of his official duties;
(3)
Disclose confidential information, including information obtained at meetings
which are closed pursuant to Title 50, Chapter 14 of the Official Code of
Georgia Annotated, concerning the property, government, or affairs of the
governmental body by which the official is engaged without proper legal
authorization; or use such information to advance the financial or other private
interest of himself or others;
(4)
Accept any valuable gift, whether in the form of service, loan, thing, or
promise, from any person, firm or corporation which the official's knowledge is
interested, directly or indirectly, in any manner whatsoever, in business
dealings with the governmental body by which the official is engaged; provided,
however, that an elected official who is a candidate for public office may
accept campaign contributions and services in connection with any such
campaign;
(5)
Represent other private interests in any action or proceeding against this city
or any portion of its government; and
(6)
Vote or otherwise participate in the negotiation or in the making of any
contract with any business or entity in which the official has financial
interest.
(c)
Disclosure. Any elected official, appointed officer, or employee who shall have
any private financial interest, directly or indirectly, in any contract or
matter pending before or within any department of the city shall disclose such
private interest to the city council. The mayor or any council member who has a
private interest in the matter pending before the city council shall disclose
such private interest and such disclosure shall be entered on the records of the
city council, and the official shall disqualify himself/herself from
participating in any decision or vote relating thereto. Any elected official,
appointed officer, or employee of any agency or political entity to which this
charter applies who shall have any private financial interest, directly or
indirectly, in any contract or matter pending before or within such entity shall
disclose such private interest to the governing body of such agency or
entity.
(d) Use of Public Property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts Voidable and Rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(f) Ineligibility of Elected Official. Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which the official was elected.
(g) Political Activities of Certain Officers and Employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.
(h) Penalties for Violation.
(d) Use of Public Property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts Voidable and Rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(f) Ineligibility of Elected Official. Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which the official was elected.
(g) Political Activities of Certain Officers and Employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.
(h) Penalties for Violation.
(1)
Any city officer or employee who knowingly conceals such financial interest or
knowingly violates any of the requirements of this section shall be guilty of
malfeasance in office or position and shall be deemed to have forfeited his
office or position.
(2)
Any officer or employee of the city who shall forfeit an office or position as
described in paragraph (1) above, shall be ineligible for appointment or
election to or employment in a position in the city government for a period of
three years thereafter.
SECTION
2.15.
Inquiries and Investigations.
Inquiries and Investigations.
Following
the adoption of an authorizing resolution, the city council may make inquiries
and
investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance.
SECTION
2.16.
General Power and Authority of the City Council.
General Power and Authority of the City Council.
Except
as otherwise provided by the charter, the city council shall be vested with all
the powers of government of this city.
SECTION
2.17.
Eminent Domain.
Eminent Domain.
The
city council is hereby empowered to acquire, construct, operate and maintain
public ways, parks, public grounds, cemeteries, markets, market houses, public
buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical
systems, gas systems, airports, hospitals, and charitable, educational,
recreational, sport, curative, corrective, detentional, penal and medical
institutions, agencies and facilities, and any other public improvements inside
or outside the city, and to regulate the use thereof, and for such purposes,
property may be condemned under procedures established under general law
applicable now or as provided in the future.
SECTION
2.18.
Organizational Meeting.
Organizational Meeting.
The
city council shall hold an organizational meeting following the adjournment of
the regular council meeting in December following an election. The meeting
shall be called to order by the city clerk and the oath of office shall be
administered to the newly elected members as
follows:
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (council
member) of this city and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of America." Newly elected members' terms shall not begin until January 1 following the organizational meeting and they shall hold office until the thirty-first day of December of the year in which their successors are elected.
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (council
member) of this city and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of America." Newly elected members' terms shall not begin until January 1 following the organizational meeting and they shall hold office until the thirty-first day of December of the year in which their successors are elected.
SECTION
2.19.
Regular and Special Meetings.
Regular and Special Meetings.
(a)
The city council shall hold regular meetings at such times and places as
prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.
(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council member's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.
SECTION
2.20.
Rules of Procedure.
Rules of Procedure.
(a)
The city council shall adopt its rules of procedure and order of business
consistent with the provisions of this charter and shall provide for keeping a
journal of its proceedings, which shall be a public
record.
(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor, with the advice and consent of the council, and shall serve at his/her pleasure. The mayor shall have the power to appoint new members to any committee at any time, with the advice and consent of the council.
(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor, with the advice and consent of the council, and shall serve at his/her pleasure. The mayor shall have the power to appoint new members to any committee at any time, with the advice and consent of the council.
SECTION
2.21.
Quorum: Voting.
Quorum: Voting.
(a)
Three council members shall constitute a quorum and shall be authorized to
transact business of the city council. Voting on the adoption of ordinances
shall be by voice vote and the vote shall be recorded in the journal, but any
member of the city council shall have the right to request a roll call vote and
such vote shall be recorded in the journal. Except as otherwise provided in
this charter, the affirmative vote of a majority of council members present
shall be required for the adoption of any ordinance, resolution, or motion. An
abstention shall be counted as a negative
vote.
(b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such council member has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.
(b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such council member has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.
SECTION
2.22.
Ordinance Form; Procedures.
Ordinance Form; Procedures.
(a) Every proposed ordinance should be introduced in writing and in the form
required for final adoption. No ordinance shall contain a subject which is not
expressed in its title. The enacting clause shall be "The Council of the City
of Mansfield hereby ordains . . ." and every ordinance shall so
begin.
(b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
(b) An ordinance may be introduced by any council member and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION
2.23.
Action Requiring An Ordinance.
Action Requiring An Ordinance.
Acts
of the city council which have the force and effect of law shall be enacted by
ordinance.
SECTION
2.24.
Emergencies.
Emergencies.
(a)
To meet a public emergency affecting life, health, property or public peace, the
city council may convene on call of the mayor or three council members and
promptly adopt an emergency ordinance, but such ordinance may not levy taxes;
grant, renew or extend a franchise; regulate the rate charged by any public
utility for its services; or authorize the borrowing of money except for loans
to be repaid within 30 days. An emergency ordinance shall be introduced in the
form prescribed for ordinances generally, except that it shall be plainly
designated as an emergency ordinance and shall contain, after the enacting
clause, a declaration stating that an emergency exists, and describing the
emergency in clear and specific terms. An emergency ordinance may be adopted,
with or without amendment, or rejected at the meeting at which it is introduced,
but the affirmative vote of at least three council members shall be required for
adoption. It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically stand repealed 30
days following the date upon which it was adopted, but this shall not prevent
reenactment of the ordinance in the manner specified in this section if the
emergency still exists. An emergency ordinance may also be repealed by adoption
of a repealing ordinance in the same manner specified in this section for
adoption of emergency ordinances.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Section 50-14-1 of Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Section 50-14-1 of Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.
SECTION
2.25.
Codes of Technical Regulations.
Codes of Technical Regulations.
(a)
The city council may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and requirements
governing such adopting ordinance shall be as prescribed for ordinances
generally except that: (1) the requirements of Section 2.22(b) for distribution
and filing of copies of the ordinance shall be construed to include copies of
any code of technical regulations, as well as the adopting ordinance; and (2) a
copy of each adopted code of technical regulations, as well as the adopting
ordinance, shall be authenticated and recorded by the clerk pursuant to Section
2.26.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION
2.26.
Signing; Authenticating; Recording; Codification; Printing.
Signing; Authenticating; Recording; Codification; Printing.
(a)
The clerk shall authenticate by the clerk's signature and record in full in a
properly indexed book kept for that purpose, all ordinances adopted by the
council.
(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Mansfield, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Mansfield, Georgia." Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with the reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION
2.27.
Election of Mayor; Forfeiture; Compensation.
Election of Mayor; Forfeiture; Compensation.
The
mayor shall be elected and serve for a term of four years and until his/her
successor is elected and qualified. The mayor shall be a qualified elector of
this city and shall have been a resident of the city for 24 months immediately
preceding his/her election. The mayor shall continue to reside in this city
during the period of his/her service. The mayor shall forfeit his/her office on
the same grounds and under the same procedure as for council members. The
compensation of the mayor shall be established in the same manner as for council
members.
SECTION
2.28.
Chief Executive Officer.
Chief Executive Officer.
The
mayor shall be the executive of this city. The mayor shall possess all of the
executive and administrative power granted to the city under the Constitution
and laws of the State of Georgia, and all the executive and administrative
powers contained in this charter.
SECTION
2.29.
Powers and Duties of Mayor.
Powers and Duties of Mayor.
As
the chief executive of this city, the mayor
shall:
(a) See that all laws and ordinances of the city are faithfully executed;
(b) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter;
(c) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;
(d) Prepare and submit to the council a recommended annual operating budget and recommended capital budget;
(e) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request;
(f) Preside over all meetings of the city council;
(g) Call special meetings of the city council as provided for in Section 2.19;
(h) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote;
(i) Recommend to the city council such measures relative to the affairs of the city improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(j) Approve or disapprove ordinances as provided in Section 2.31;
(k) Require any department or agency of the city to submit written reports whenever he/she deems it expedient;
(l) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and
(m) Perform such other duties as may be required by general state law, this charter, or ordinance.
(a) See that all laws and ordinances of the city are faithfully executed;
(b) Appoint and remove, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter;
(c) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;
(d) Prepare and submit to the council a recommended annual operating budget and recommended capital budget;
(e) Submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request;
(f) Preside over all meetings of the city council;
(g) Call special meetings of the city council as provided for in Section 2.19;
(h) Participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote;
(i) Recommend to the city council such measures relative to the affairs of the city improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
(j) Approve or disapprove ordinances as provided in Section 2.31;
(k) Require any department or agency of the city to submit written reports whenever he/she deems it expedient;
(l) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; and
(m) Perform such other duties as may be required by general state law, this charter, or ordinance.
SECTION
2.30.
Submission of Ordinances to the Mayor; Veto Power.
Submission of Ordinances to the Mayor; Veto Power.
(a)
Every ordinance adopted by the city council shall be presented by the city clerk
to the mayor within three days after its
adoption.
(b) The mayor shall, within ten calendar days of receipt of an ordinance, return it to the clerk with or without his/her approval, or with his/her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his reasons for his/her veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of the entire council members, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) above.
(b) The mayor shall, within ten calendar days of receipt of an ordinance, return it to the clerk with or without his/her approval, or with his/her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his reasons for his/her veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of the entire council members, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) above.
SECTION
2.31.
Mayor Pro Tem; Selection; Duties.
Mayor Pro Tem; Selection; Duties.
By
a majority vote, the city council shall elect a council member to serve as mayor
pro tem. The mayor pro tem shall preside at all meetings of the city council
and shall assume the duties and powers of the mayor upon mayor's disability or
absence. The city council by a majority vote shall elect a new presiding
officer from among its members for any period in which the mayor pro tem is
disabled, absent or acting as mayor. Any such absence or disability shall be
declared by majority vote of all council members. When serving as mayor, the
mayor pro tem shall not also vote as a member of the council.
ARTICLE
III. ADMINISTRATIVE
AFFAIRS
SECTION 3.10.
Administrative and Service Departments.
SECTION 3.10.
Administrative and Service Departments.
(a)
Except as otherwise provided in this charter, the city council, by ordinance,
shall prescribe the functions or duties, and establish, abolish or alter all
nonelective offices, positions of employment, departments, and agencies of the
city, as necessary for the proper administration of the affairs and government
of this city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as
prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency.
(e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the mayor unless otherwise provided by law.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as
prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of his department or agency.
(e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the mayor unless otherwise provided by law.
SECTION
3.11.
Boards, Commissions and Authorities.
Boards, Commissions and Authorities.
(a)
The city council shall create by ordinance such boards, commissions and
authorities to fulfill any investigative, quasi-judicial or quasi-legislative
function the city council deems necessary, and shall by ordinance establish the
composition, period of existence, duties and powers
thereof.
(b) All members of boards, commissions and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission or authority shall assume office until he/she has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance and administered by the mayor.
(g) All board members serve at-will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city government may establish bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the clerk of the city.
(b) All members of boards, commissions and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission or authority shall assume office until he/she has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance and administered by the mayor.
(g) All board members serve at-will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members as chairman and one member as vice-chairman, and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city government may establish bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the clerk of the city.
SECTION
3.12.
City Attorney.
City Attorney.
The
city council shall appoint a city attorney who shall be a member of the State
Bar of Georgia and shall provide for the payment of such attorney for services
rendered to the city. The city attorney shall be responsible for representing
and defending the city in all litigation in which the city is a party; may be
prosecuting officer in the municipal court; shall attend the meetings of the
council as directed; shall advise the city council, mayor, and other officers
and employees of the city concerning legal aspects of the city's affairs; and
shall perform such other duties as may be required of him/her by virtue of
his/her position as city attorney. The city attorney is not a public official
of the city and does not take an oath of office. The city attorney shall at all
times be an independent contractor.
Section
3.13.
City Clerk.
City Clerk.
The
city council shall appoint a city clerk who shall not be a council member. The
city clerk shall be custodian of the official city seal and city records;
maintain city council records required by this charter; and perform such other
duties as may be required by the city council.
SECTION
3.14.
City Treasurer.
City Treasurer.
The
city council shall appoint a city treasurer, who shall not be a council member,
who shall collect all taxes, licenses, fees, and other moneys belonging to the
city subject to the provisions of this charter and the ordinances of the city
and to enforce all laws of Georgia relating to the collection of delinquent
taxes and sale or foreclosure for nonpayment of taxes to the city. The city
treasurer shall also be responsible for the general duties of a treasurer and
fiscal officer.
SECTION
3.15.
Personnel Policies.
Personnel Policies.
All
employees serve at-will and may be removed from office at any time unless
otherwise provided by ordinance.
The
city council shall adopt policies or ordinances to provide
for:
(a) the method of employee selection, promotion and transfer;
(b) hours of work, vacation, sick leave, and other leaves of absence, and overtime pay; and
(c) other personnel policies.
(a) the method of employee selection, promotion and transfer;
(b) hours of work, vacation, sick leave, and other leaves of absence, and overtime pay; and
(c) other personnel policies.
ARTICLE
IV. JUDICIAL BRANCH
SECTION
4.10.
Creation; Name.
Creation; Name.
There
shall be a court to be known as the Municipal Court of the City of
Mansfield.
SECTION
4.11.
Chief Judge; Associate Judge.
Chief Judge; Associate Judge.
(a)
The municipal court shall be presided over by a chief judge and such part-time,
full-time, or stand-by judges as shall be provided by
ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years, shall be an active member in good standing of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that he/she will honestly and faithfully discharge the duties of his/her office to the best of his/her ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he shall have attained the age of 21 years, shall be an active member in good standing of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges serve at-will and may be removed from office at any time by the city council unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that he/she will honestly and faithfully discharge the duties of his/her office to the best of his/her ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.
SECTION
4.12.
Convening.
Convening.
The
municipal court shall be convened at regular intervals as provided by
ordinance.
SECTION
4.13.
Jurisdiction; Powers.
Jurisdiction; Powers.
(a)
The municipal court shall try and punish violations of this charter, all city
ordinances, and such other violations as provided by
law.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now, or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and care taking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now, or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and care taking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION
4.14.
Certiorari.
Certiorari.
The
right of certiorari from the decision and judgment of the municipal court shall
exist in all criminal cases and ordinance violations cases, and such certiorari
shall be obtained under the sanction of a judge of the Superior Court of Newton
County under the laws of the State of Georgia regulating the granting and
issuance of writs of certiorari.
SECTION
4.15.
Rules for Court.
Rules for Court.
With
the approval of the city council, the judge shall have full power and authority
to make reasonable rules and regulations necessary and proper to secure the
efficient and successful administration of the municipal court; provided,
however, that the city council may adopt in part or in toto the rules and
regulations applicable to municipal courts. The rules and regulations made or
adopted shall be filed with the city clerk, shall be available for public
inspection, and, upon request, a copy shall be furnished to all defendants in
municipal court proceedings at least 48 hours prior to said
proceedings.
ARTICLE
V. ELECTIONS AND
REMOVAL
SECTION 5.10.
Applicability of General Law.
SECTION 5.10.
Applicability of General Law.
All
primaries and elections shall be held and conducted in accordance with the
Georgia Election Code (Title 21, Chapter 2 of the Official Code of Georgia
Annotated) as now or hereafter amended.
SECTION
5.11.
Election Districts.
Election Districts.
The
City of Mansfield shall consist of one election district with five numbered
posts. Each person seeking election as a council member shall designate the
post for which he/she seeks election.
SECTION
5.12.
Election of the Mayor and City Council.
Election of the Mayor and City Council.
(a)
There shall be a municipal general election biennially in the odd years on the
Tuesday next following the first Monday in
November.
(b) There shall be elected the mayor and council members for posts 1 and 2 at one biennial election and council members for posts 3, 4, and 5 at the next biennial election. The purpose of this section is to provide a rotation system for the office of mayor and council members so that a continuing body is created. Terms shall be for four years and shall commence on January 1 following the November election.
(b) There shall be elected the mayor and council members for posts 1 and 2 at one biennial election and council members for posts 3, 4, and 5 at the next biennial election. The purpose of this section is to provide a rotation system for the office of mayor and council members so that a continuing body is created. Terms shall be for four years and shall commence on January 1 following the November election.
SECTION
5.13.
Non-Partisan Elections.
Non-Partisan Elections.
Political
parties shall not conduct primaries for city offices and all names of candidates
for city offices shall be listed without party designations.
SECTION
5.14.
Election by Plurality.
Election by Plurality.
The
person receiving a plurality of the votes cast for any city office shall be
elected. In the event of a tie, a run-off election shall be held and the
candidate who receives the highest number of votes cast in the run-off election
shall be elected.
SECTION
5.15.
Special Elections; Vacancies.
Special Elections; Vacancies.
In
the event that the office of mayor or council member shall become vacant as
provided in Section 2.12 of this charter, the city council or those remaining
shall order a special election to fill the balance of the unexpired term of such
official; provided, however, if such vacancy occurs within 12 months of the
expiration of the term of that office, the city council or those remaining shall
appoint a successor for the remainder of the term. In all other respects, the
special election shall be held and conducted in accordance with the Georgia
Election Code, Chapter 2 of Title 21 of the Official Code of Georgia Annotated,
as now or hereafter amended.
SECTION
5.16.
Other Provisions.
Other Provisions.
Except
as otherwise provided by this charter, the city council shall, by ordinance,
prescribe such rules and regulations it deems appropriate to fulfill any options
and duties under the Georgia Election Code.
SECTION
5.17.
Removal of Officers.
Removal of Officers.
(a)
The mayor, council members, or other appointed officers provided for in this
charter shall be removed from office for any one or more of the causes provided
in Title 45 of the Official Code of Georgia Annotated, or such other applicable
laws as are or may hereafter be
enacted.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished one of the following methods:
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished one of the following methods:
(1)
By a vote of three council members after an investigative hearing. In the event
an elected officer is sought to be removed by the action of the city council,
such officer shall be entitled to a written notice specifying the ground or
grounds for removal and to a public hearing which shall be held not less than
ten days after the service of such written notice. Any elected officer sought
to be removed from office as herein provided shall have the right of appeal from
the decision of the city council to the Superior Court of Newton County. Such
appeal shall be governed by the same rules as govern appeals to the superior
court from the probate court.
(2)
By an order of the Superior Court of Newton County following a hearing on a
complaint seeking such removal brought by any resident of the City of
Mansfield.
ARTICLE
VI. FINANCE
SECTION 6.10.
Property Tax.
SECTION 6.10.
Property Tax.
The
city council may assess, levy and collect an ad valorem tax on all real and
personal property within the corporate limits of the city that is subject to
such taxation by the state and county. This tax is for the purpose of raising
revenues to defray the costs of operating the city government, of providing
governmental services, for the repayment of principal and interest on general
obligations, and for any other public purpose as determined by the city council
in its discretion.
SECTION
6.11.
Millage Rate; Due Dates; Payment Methods.
Millage Rate; Due Dates; Payment Methods.
The
city council, by ordinance, shall establish a millage rate for the city property
tax, a due date, and the time period within which these taxes must be paid. The
city council, by ordinance, may provide for the payment of these taxes by
installments or in one lump sum, as well as authorize the voluntary payment of
taxes prior to the time when due.
SECTION
6.12.
Occupation and Business Taxes.
Occupation and Business Taxes.
The
city council by ordinance shall have the power to levy such occupation or
business taxes as are not denied by law. The city council may classify
businesses, occupations, professions or callings for the purpose of such
taxation in any way which may be lawful and may compel the payment of such taxes
as provided in Section 6.18.
SECTION
6.13.
Regulatory Fees; Permits.
Regulatory Fees; Permits.
The
city council by ordinance shall have the power to require businesses or
practitioners doing business within this city to obtain a permit for such
activity from the city and pay a reasonable regulatory fee for such permit as
provided by general law. Such fees shall reflect the total cost to the city of
regulating the activity, and if unpaid, shall be collected as provided in
Section 6.18.
SECTION
6.14.
Franchises.
Franchises.
(a)
The city council shall have the power to grant franchises for the use of this
city's streets and alleys for the purposes of railroads, street railways,
telephone companies, electric companies, cable television, gas companies,
transportation companies and other similar organizations. The city council
shall determine the duration, terms, whether the same shall be exclusive or
nonexclusive, and the consideration for such franchises; provided, however, no
franchise shall be granted unless the city receives just and adequate
compensation therefor. The city council shall provide for the registration of
all franchises with the city clerk in a registration book kept by him. The city
council may provide by ordinance for the registration within a reasonable time
of all franchises previously
granted.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations.
SECTION
6.15.
Service Charges.
Service Charges.
The
city council by ordinance shall have the power to assess and collect fees,
charges, and tolls for sewers, sanitary and health services, or any other
services provided or made available within and without the corporate limits of
the city for the total cost to the city of providing or making available such
services. If unpaid, such charges shall be collected as provided in Section
6.18.
SECTION
6.16.
Special Assessments.
Special Assessments.
The
city council by ordinance shall have the power to assess and collect the cost of
constructing, reconstructing, widening, or improving any public way, street,
sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances
from the abutting property owners under such terms and conditions as are
reasonable. If unpaid, such charges shall be collected as provided in Section
6.18.
SECTION
6.17.
Construction; Other Taxes.
Construction; Other Taxes.
This
city shall be empowered to levy any other tax allowed now or hereafter by law,
and the specific mention of any right, power or authority in this article shall
not be construed as limiting in any way the general powers of this city to
govern its local affairs.
SECTION
6.18.
Collection of Delinquent Taxes and Fees.
Collection of Delinquent Taxes and Fees.
The
city council, by ordinance, may provide generally for the collection of
delinquent taxes, fees, or other revenue due the city under Sections 6.10
through 6.17 by whatever reasonable means as are not precluded by law. This
shall include providing for the dates when the taxes or fees are due; late
penalties or interest; issuance and execution of fi.fa.'s; creation and priority
of liens; making delinquent taxes and fees personal debts of the persons
required to pay the taxes or fees imposed; revoking city licenses for failure to
pay any city taxes or fees; and providing for the assignment or transfer of tax
executions.
SECTION
6.19.
General Obligation Bonds.
General Obligation Bonds.
The
city council shall have the power to issue bonds for the purpose of raising
revenue to carry out any project, program or venture authorized under this
charter or the laws of the state. Such bonding authority shall be exercised in
accordance with the laws governing bond issuance by municipalities in effect at
the time said issue is undertaken.
SECTION
6.20.
Revenue Bonds.
Revenue Bonds.
Revenue
bonds may be issued by the city council as state law now or hereafter provides.
Such bonds are to be paid out of any revenue produced by the project, program or
venture for which they were issued.
SECTION
6.21.
Short-Term
Loans.
The
city may obtain short-term loans and must repay such loans not later than
December of each year, unless otherwise provided by law.
SECTION
6.22.
Lease-Purchase Contracts
Lease-Purchase Contracts
The
city may enter into multi year lease, purchase or lease purchase contracts for
the acquisition of goods, materials, real and personal property, services, and
supplies provided the contract terminates without further obligation on the part
of the municipality at the close of the calendar year in which it was executed
and at the close of each succeeding calendar year for which it may be renewed.
Contracts must be executed in accordance with the requirements of Section
36-60-13 of the Official Code of Georgia Annotated, or other such applicable
laws as are or may hereafter be enacted.
SECTION
6.23.
Fiscal Year.
Fiscal Year.
The
city council shall set the fiscal year by ordinance. This fiscal year shall
constitute the budget year and the year for financial accounting and reporting
of each and every office, department, agency and activity of the city
government.
SECTION
6.24.
Preparation of Budgets.
Preparation of Budgets.
The
city council shall provide an ordinance on the procedures and requirements for
the preparation and execution of an annual operating budget, a capital
improvement program and a capital budget, including requirements as to the
scope, content and form of such budgets and programs.
SECTION
6.25.
Submission of Operating Budget to City Council.
Submission of Operating Budget to City Council.
On
or before a date fixed by the city council but not later than 60 days prior to
the beginning of each fiscal year, the mayor shall submit to the city council a
proposed operating budget for the ensuing fiscal year. The budget shall be
accompanied by a message from the mayor containing a statement of the general
fiscal policies of the city, the important features of the budget, explanations
of major changes recommended for the next fiscal year, a general summary of the
budget, and such other comments and information as he may deem pertinent. The
operating budget and the capital improvements budget hereinafter provided for,
the budget message, and all supporting documents shall be filed in the office of
the city clerk and shall be open to public inspection.
SECTION
6.26.
Action by City Council on Budget.
Action by City Council on Budget.
(a)
The city council may amend the operating budget proposed by the mayor, except,
that the budget as finally amended and adopted must provide for all expenditures
required by state law or by other provisions of this charter and for all debt
service requirements for the ensuing fiscal year, and the total appropriations
from any fund shall not exceed the estimated fund balance, reserves, and
revenues.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise encumbered balance of the appropriations or allotment thereof, to which it is chargeable.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise encumbered balance of the appropriations or allotment thereof, to which it is chargeable.
SECTION
6.27.
Tax Levies.
Tax Levies.
The
city council shall levy by ordinance such taxes as are necessary. The taxes and
tax rates set by such ordinance shall be such that reasonable estimates of
revenues from such levy shall at least be sufficient, together with other
anticipated revenues, fund balances and applicable reserves, to equal the total
amount appropriate for each of the several funds set forth in the annual
operating budget for defraying the expenses of the general government of this
city.
SECTION
6.28.
Changes in Appropriations.
Changes in Appropriations.
The
city council by ordinance may make changes in the appropriations contained in
the current operating budget, at any regular meeting, special or emergency
meeting called for such purpose, but any additional appropriations may be made
only from an existing unexpended surplus.
SECTION
6.29.
Capital Improvements Budget.
Capital Improvements Budget.
(a)
On or before the date fixed by the city council but no later than 60 days prior
to the beginning of each fiscal year, the mayor shall submit to the city council
a proposed capital improvements budget with his/her recommendations as to the
means of financing the improvements proposed for the ensuing fiscal year. The
city council shall have power to accept, with or without amendments, or reject
the proposed program and proposed means of financing. The city council shall
not authorize an expenditure for the constructing of any building, structure,
work or improvement, unless the appropriations for such project are included in
the capital improvements budget, except to meet a public emergency as provided
in Section 2.24.
(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December of each year. No appropriation provided for in a prior capital improvement budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his/her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December of each year. No appropriation provided for in a prior capital improvement budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his/her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
SECTION
6.30.
Independent Audit.
Independent Audit.
There
shall be an annual independent audit of all city accounts, funds and financial
transactions by a certified public accountant selected by the city council. The
audit shall be conducted according to generally accepted accounting principles.
Any audit of any funds by the state or federal governments may be accepted as
satisfying the requirements of this charter. Copies of all audit reports shall
be available at printing costs to the public.
SECTION
6.31.
Contracting Procedures.
Contracting Procedures.
No
contract with the city shall be binding on the city
unless:
(a) it is in writing;
(b) it is drawn by or submitted and reviewed by the city attorney, and as a matter of course, it is signed by him/her to indicate such drafting or review; and
(c) it is made or authorized by the city council and such approval is entered in the city journal of proceedings pursuant to Section 2.21.
(a) it is in writing;
(b) it is drawn by or submitted and reviewed by the city attorney, and as a matter of course, it is signed by him/her to indicate such drafting or review; and
(c) it is made or authorized by the city council and such approval is entered in the city journal of proceedings pursuant to Section 2.21.
SECTION
6.32.
Centralized Purchasing.
Centralized Purchasing.
The
city council shall by ordinance prescribe procedures for a system of centralized
purchasing for the city.
SECTION
6.33.
Sale of City Property.
Sale of City Property.
(a)
The city council may sell and convey any real or personal property owned or held
by the city for governmental or other purposes as now or hereafter provided by
law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell or convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell or convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE
VII. GENERAL PROVISIONS
SECTION
7.10.
Bonds for Officials.
Bonds for Officials.
The
officers and employees of this city, both elective and appointive, shall execute
such surety or fidelity bonds in such amounts and upon such terms and conditions
as the city council shall from time to time require by ordinance or as may be
provided by law.
SECTION
7.11.
Prior Ordinances.
Prior Ordinances.
All
ordinances, resolutions, rules and regulations now in force in the city not
inconsistent with this charter are hereby declared valid and of full effect and
force until amended or repealed by the city council.
SECTION
7.12.
Pending Matters.
Pending Matters.
Except
as specifically provided otherwise by this charter, all rights, claims, actions,
orders, contracts and legal or administrative proceedings shall continue and any
such ongoing work or cases shall be completed by such city agencies, personnel
or offices as may be provided by the city council.
SECTION
7.13.
Construction.
Construction.
(a)
Section captions in this charter are informative only and are not to be
considered as a part
thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION
7.14.
Severability.
Severability.
If
any article, section, subsection, paragraph, sentence, or part thereof of this
charter shall be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect or impair other parts of this charter
unless it clearly appears that such other parts are wholly and necessarily
dependent upon the part held to be invalid or unconstitutional, it being the
legislative intent in enacting this charter that each article, section,
subsection, paragraph, sentence or part thereof be enacted separately and
independent of each other.
SECTION
7.15.
Specific Repealer.
Specific Repealer.
An
Act to establish a new charter for the Town of Mansfield, approved March 24,
1988 incorporating the City of Mansfield (Ga. L. 1988, p. 4240), is hereby
repealed in its entirety and all amendatory acts thereto are likewise repealed
in their entirety.
SECTION
7.16.
Effective Date.
Effective Date.
This
charter shall become effective July 1, 2012.
SECTION
7.17.
General Repealer.
General Repealer.
All
laws and parts of laws in conflict with this Act are repealed.
