HB 684 - Donalsonville, City of; new charter

First Reader Summary

A BILL to provide a new charter for the City of Donalsonville; and for other purposes.

Ponder, Jr., Dan E (160th)
Status Summary HC: LLeg SC: SLGO LA: 04/29/97 Signed by Governor
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13/ 14/ 15/ 16/ 17/ 18/ 19/ 20/ 21/ 22/ 23/ 24/ 25/ 26/ 27/ 28/ 29/ 30/ 31/ 32/ 33/ 34/ 35/ 36/ 37/ 38
House Action Senate
2/21/97 Read 1st Time 2/27/97
2/24/97 Read 2nd Time
2/25/97 Favorably Reported 3/3/97
2/25/97 Read 3rd Time
2/25/97 Passed/Adopted 3/3/97
4/14/97 Sent to Governor
4/29/97 Signed by Governor
449 Act/Veto Number
1/1/98 Effective Date

HB 684                                             LC 22 2531 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To provide a new charter for the City of Donalsonville; to 
  1- 2  provide for incorporation, boundaries, and powers of the 
  1- 3  city; to provide for a governing authority of such city and 
  1- 4  the powers, duties, authority, election, terms, method of 
  1- 5  filling vacancies, compensation, qualifications, 
  1- 6  prohibitions, and removal from office relative to members of 
  1- 7  such governing authority; to provide for inquiries and 
  1- 8  investigations; to provide for organization and procedures; 
  1- 9  to provide for ordinances and codes; to provide for the 
  1-10  office of mayor and certain duties and powers relative to 
  1-11  the office of mayor; to provide for administrative 
  1-12  responsibilities; to provide for boards, commissions, and 
  1-13  authorities; to provide for a city attorney, a city clerk, a 
  1-14  city treasurer, and other personnel; to provide for rules 
  1-15  and regulations; to provide for a municipal court and the 
  1-16  judge or judges thereof; to provide for practices and 
  1-17  procedures; to provide for taxation and fees; to provide for 
  1-18  franchises, service charges, and assessments; to provide for 
  1-19  bonded and other indebtedness; to provide for accounting and 
  1-20  budgeting; to provide for purchases; to provide for the sale 
  1-21  of property; to provide for bonds for officials; to provide 
  1-22  for eminent domain; to provide for penalties; to provide for 
  1-23  definitions and construction; to provide for other matters 
  1-24  relative to the foregoing; to repeal a specific Act; to 
  1-25  repeal conflicting laws; and for other purposes. 
 
  1-26       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
 
  1-27                    INCORPORATION AND POWERS 
 
  1-28                         SECTION 1.10. 
 
 
  1-29  This city and the inhabitants thereof are hereby constituted 
  1-30  and declared a body politic and corporate under the name and 
  1-31  style City of Donalsonville, Georgia, and by that name shall 
  1-32  have perpetual succession. 
 
 
 
                                 -1- 
 
 
 
  2- 1                         SECTION 1.11. 
  2- 2                     Corporate boundaries. 
 
  2- 3  (a) The boundaries of this city shall be those existing on 
  2- 4  the effective date of the adoption of this charter with such 
  2- 5  alterations as may be made from time to time in the manner 
  2- 6  provided by law.  The boundaries of this city at all times 
  2- 7  shall be shown on a map, a written description or any 
  2- 8  combination thereof, to be retained permanently in the 
  2- 9  office of the city clerk and to be designated, as the case 
  2-10  may be:  "Official Map of the corporate limits of the City 
  2-11  of Donalsonville, Georgia."  Photographic, typed, or other 
  2-12  copies of such map or description certified by the city 
  2-13  clerk shall be admitted as evidence in all courts and shall 
  2-14  have the same force and effect as the original map or 
  2-15  description. 
 
  2-16  (b) The mayor and council may provide for the redrawing of 
  2-17  any such map by ordinance to reflect lawful changes in the 
  2-18  corporate boundaries.  A redrawn map shall supersede for all 
  2-19  purposes the entire map or maps which it is designated to 
  2-20  replace. 
 
  2-21                         SECTION 1.12. 
  2-22                    Powers and construction. 
 
  2-23  (a) This city shall have all powers possible for a city to 
  2-24  have under the present or future Constitution and laws of 
  2-25  this state as fully and completely as though they were 
  2-26  specifically enumerated in this charter.  This city shall 
  2-27  have all the powers of self-government not otherwise 
  2-28  prohibited by this charter or by general law. 
 
  2-29  (b) The powers of this city shall be construed liberally in 
  2-30  favor of the city.  The specific mention or failure to 
  2-31  mention particular powers shall not be construed as limiting 
  2-32  in any way the powers of this city. 
 
  2-33  (c) The powers of the government of the City of 
  2-34  Donalsonville to be exercised by the mayor and council shall 
  2-35  include, but not be limited to, the following: 
 
  2-36      (1) Air and water pollution.  To regulate the emission 
  2-37      of smoke or other exhaust which pollutes the air, and to 
  2-38      prevent the pollution of natural streams which flow 
  2-39      within the corporate limits of the city; 
 
  2-40      (2) Animal regulations.  To regulate and license or to 
  2-41      prohibit the keeping or running at large of animals and 
  2-42      fowl, and to provide for the impoundment of same if such 
 
 
                                 -2- 
 
 
 
  3- 1      are in violation of any ordinance or lawful order; to 
  3- 2      provide for the disposition by sale, gift, or humane 
  3- 3      destruction of animals and fowl when not redeemed as 
  3- 4      provided by ordinance; and to provide punishment for 
  3- 5      violation of ordinances enacted under this charter; 
 
  3- 6      (3) Appropriations and expenditures.  To make 
  3- 7      appropriations for the support of the government of the 
  3- 8      city; to authorize the expenditure of money for any 
  3- 9      purposes authorized by this charter and for any purpose 
  3-10      for which a municipality is authorized by the laws of 
  3-11      the State of Georgia; and to provide for the payment of 
  3-12      expenses of the city; 
 
  3-13      (4) Building regulation.  To regulate and to license the 
  3-14      erection and construction of buildings and all other 
  3-15      structures; to adopt building, housing, plumbing, 
  3-16      electrical, gas, and heating and air conditioning codes; 
  3-17      and to regulate all housing and building trades; 
 
  3-18      (5) Business regulation and taxation.  To levy and to 
  3-19      provide for collection of licenses, fees, and taxes on 
  3-20      privileges, occupations, trades and professions; to 
  3-21      license and regulate the same; to provide for the manner 
  3-22      and method of payment of such licenses, fees, and taxes; 
  3-23      and to revoke such licenses after due process for 
  3-24      failure to pay any city taxes or fees; 
 
  3-25      (6) Condemnation.  To condemn property, inside or 
  3-26      outside the corporate limits of the city, for present or 
  3-27      future use and for any corporate purpose deemed 
  3-28      necessary by the governing authority, utilizing 
  3-29      procedures enumerated in Title 22 of the Official Code 
  3-30      of Georgia Annotated, or such other applicable laws as 
  3-31      are or may hereafter be enacted; 
 
  3-32      (7) Contracts.  To enter into contracts and agreements 
  3-33      with other governmental entities and with private 
  3-34      persons, firms, and corporations; 
 
  3-35      (8) Emergencies.  To establish procedures for 
  3-36      determining and proclaiming that an emergency situation 
  3-37      exists inside or outside the city, and to make and carry 
  3-38      out all reasonable provisions deemed necessary to deal 
  3-39      with or meet such an emergency for the protection, 
  3-40      safety, health or well-being of the citizens of the 
  3-41      city; 
 
 
 
 
                                 -3- 
 
 
 
  4- 1      (9) Fire regulations.  To fix and establish fire limits 
  4- 2      and from time to time to extend, enlarge, or restrict 
  4- 3      the same; to prescribe fire safety regulations not 
  4- 4      inconsistent with general law, relating to fire 
  4- 5      prevention, detection, and fire fighting; and to 
  4- 6      prescribe penalties and punishment for violations of 
  4- 7      such limits and regulations; 
 
  4- 8      (10) Garbage fees.  To levy, fix, assess, and collect a 
  4- 9      garbage, refuse, and trash collection and disposal, and 
  4-10      other sanitary service charge, tax, or fee for such 
  4-11      services as may be necessary in the operation of the 
  4-12      city from all individuals, firms, and corporations 
  4-13      residing in or doing business in the city benefiting 
  4-14      from such services; to enforce the payment of such 
  4-15      charges, taxes, or fees; and to provide for the manner 
  4-16      and method of collecting such service charges; 
 
  4-17      (11) General health, safety, and welfare.  To define, 
  4-18      regulate, and prohibit any act, practice, conduct, or 
  4-19      use of property which is detrimental to the health, 
  4-20      sanitation, cleanliness, welfare, and safety of the 
  4-21      inhabitants of the city, and to provide for the 
  4-22      enforcement of such standards; 
 
  4-23      (12) Gifts.  To accept or refuse gifts, donations, 
  4-24      bequests, or grants from any source for any purpose 
  4-25      related to the powers and duties of the city and the 
  4-26      general welfare of its citizens, on such terms and 
  4-27      conditions as the donor or grantor may impose; 
 
  4-28      (13) Health and sanitation.  To prescribe standards of 
  4-29      health and sanitation and to provide for the enforcement 
  4-30      of such standards; 
 
  4-31      (14) Jail sentences.  To provide that persons given jail 
  4-32      sentences in the city's court may work out such 
  4-33      sentences in any public works or on the streets, roads, 
  4-34      drains, and squares in the city; to provide for 
  4-35      commitment of such persons to any jail; or to provide 
  4-36      for commitment of such persons to any county work camp 
  4-37      or county jail by agreement with the appropriate county 
  4-38      officials; 
 
  4-39      (15) Motor vehicles.  To regulate the operation of motor 
  4-40      vehicles and exercise control over all traffic, 
  4-41      including parking upon or across the streets, roads, 
  4-42      alleys and walkways of the city; 
 
 
 
                                 -4- 
 
 
 
  5- 1      (16) Municipal agencies and delegation of power.  To 
  5- 2      create, alter, or abolish departments, boards, offices, 
  5- 3      commissions, and agencies of the city and to confer upon 
  5- 4      such agencies the necessary and appropriate authority 
  5- 5      for carrying out all the powers conferred upon or 
  5- 6      delegated to the same; 
 
  5- 7      (17) Municipal debts.  To appropriate and borrow money 
  5- 8      for the payment of debts of the city and to issue bonds 
  5- 9      for the purpose of raising revenue to carry out any 
  5-10      project, program, or venture authorized by this charter 
  5-11      or the laws of the State of Georgia; 
 
  5-12      (18) Municipal property ownership.  To acquire, dispose 
  5-13      of, and hold in trust or otherwise any real, personal, 
  5-14      or mixed property, in fee simple or lesser interest, 
  5-15      inside or outside the property limits of the city; 
 
  5-16      (19) Municipal property protection.  To provide for the 
  5-17      preservation and protection of property and equipment of 
  5-18      the city and for the administration and use of same by 
  5-19      the public; and to prescribe penalties and punishment 
  5-20      for violations thereof; 
 
  5-21      (20) Municipal utilities.  To acquire, lease, construct, 
  5-22      operate, maintain, sell, and dispose of public 
  5-23      utilities, including but not limited to a system of 
  5-24      waterworks, sewers and drains, sewage disposal, gas 
  5-25      works, electric light plants, transportation facilities, 
  5-26      public airports, and any other public utility; to fix 
  5-27      the taxes, charges, rates, fares, fees, assessments, 
  5-28      regulations, and penalties; to provide for the 
  5-29      withdrawal of service for refusal or failure to pay the 
  5-30      same; and to authorize the extension of water, sewerage, 
  5-31      and electrical distribution systems, and all necessary 
  5-32      appurtenances by which said utilities are distributed, 
  5-33      inside and outside the corporate limits of the city as 
  5-34      provided by ordinance; 
 
  5-35      (21) Nuisance.  To define a nuisance and provide for its 
  5-36      abatement whether on public or private property; 
 
  5-37      (22) Ordinances, rules, and regulations.    To make, 
  5-38      establish, and adopt such bylaws, ordinances, policies, 
  5-39      and rules and regulations as shall appear necessary for 
  5-40      the security, welfare, convenience, and interest of the 
  5-41      city and the inhabitants of the city, and for preserving 
  5-42      the health, peace, order, and good government of the 
  5-43      city; 
 
 
                                 -5- 
 
 
 
  6- 1      (23) Penalties.  To provide penalties for violation of 
  6- 2      any ordinances adopted pursuant to the authority of this 
  6- 3      charter and the laws of the State of Georgia; 
 
  6- 4      (24) Planning and zoning.  To provide comprehensive city 
  6- 5      planning for development by zoning and to provide 
  6- 6      subdivision regulation and the like as the city council 
  6- 7      deems necessary and reasonable to insure a safe, 
  6- 8      healthy, and aesthetically pleasing community; 
 
  6- 9      (25) Police and fire protection.  To exercise the power 
  6-10      of arrest through duly appointed police officers and to 
  6-11      establish, operate, or contract for a police and a fire 
  6-12      fighting agency; 
 
  6-13      (26) Public hazards:  removal.  To provide for the 
  6-14      destruction and removal of any building or other 
  6-15      structure which is or may become dangerous or 
  6-16      detrimental to the public; 
 
  6-17      (27) Public improvements.  To provide for the 
  6-18      acquisition, construction, building, operation, and 
  6-19      maintenance of public ways, parks and playgrounds, 
  6-20      recreational facilities, cemeteries, markets and market 
  6-21      houses, public buildings, libraries, public housing, 
  6-22      airports, hospitals, terminals, docks, parking 
  6-23      facilities, or charitable, cultural, educational, 
  6-24      recreational, conservation, sport, curative, corrective, 
  6-25      detentional, penal, and medical institutions, agencies, 
  6-26      and facilities; to provide any other public 
  6-27      improvements, inside or outside the corporate limits of 
  6-28      the city; to regulate the use of public improvements; 
  6-29      and for such purposes, property may be acquired by 
  6-30      condemnation under Title 22 of the Official Code of 
  6-31      Georgia Annotated or such other applicable laws as are 
  6-32      or may hereafter be enacted; 
 
  6-33      (28) Public peace.  To provide for the prevention and 
  6-34      punishment of drunkenness, riots, and public 
  6-35      disturbances; 
 
  6-36      (29) Public transportation.  To organize and operate 
  6-37      such public transportation systems as are deemed 
  6-38      beneficial; 
 
  6-39      (30) Public utilities and services.  To grant franchises 
  6-40      or make contracts for public utilities and public 
  6-41      services; and to prescribe the rates, fares, 
  6-42      regulations, and standards, and conditions of service 
 
 
 
                                 -6- 
 
 
 
  7- 1      applicable to the service to be provided by the 
  7- 2      franchise grantee or contractor, insofar as such are not 
  7- 3      in conflict with valid regulations of the Public Service 
  7- 4      Commission; 
 
  7- 5      (31) Regulation of roadside areas.  To prohibit or 
  7- 6      regulate and control the erection, removal, and 
  7- 7      maintenance of signs, billboards, trees, shrubs, fences, 
  7- 8      buildings, and any and all other structures or 
  7- 9      obstructions upon or adjacent to the rights-of-way of 
  7-10      streets and roads or within view of streets or roads, 
  7-11      within or abutting the corporate limits of the city and 
  7-12      to prescribe penalties and punishment for violation of 
  7-13      such ordinances; 
 
  7-14      (32)  Retirement.  To provide and maintain a retirement 
  7-15      plan for officers and employees of the city; 
 
  7-16      (33) Roadways.  To lay out, open, extend, widen, narrow, 
  7-17      establish or change the grade of, abandon or close, 
  7-18      construct, pave, curb, gutter, adorn with shade trees, 
  7-19      or otherwise improve, maintain, repair, clean, prevent 
  7-20      erosion of, and light the roads, alleys, and walkways 
  7-21      within the corporate limits of the city; and to 
  7-22      negotiate and execute leases over, through, under or 
  7-23      across any city property or the right-of-way of any 
  7-24      street, road, alley, and walkway or portion thereof 
  7-25      within the corporate limits of the city, for bridges, 
  7-26      passageways, or any other purpose or use between 
  7-27      buildings on opposite sides of the street and for other 
  7-28      bridges, overpasses, and underpasses for private use at 
  7-29      such location, and to charge a rental therefor in such 
  7-30      manner as may be provided by ordinance; and to authorize 
  7-31      and control the construction of bridges, overpasses, and 
  7-32      underpasses within the corporate limits of the city; and 
  7-33      to grant franchises and rights-of-way throughout the 
  7-34      streets and roads and over the bridges and viaducts for 
  7-35      the use of public utilities and for private use; and to 
  7-36      require real estate owners to repair and maintain in a 
  7-37      safe condition the sidewalks adjoining their lots or 
  7-38      lands, and to impose penalties for failure to do so; 
 
  7-39      (34) Sewer fees.  To levy a fee, charge, or sewer tax as 
  7-40      necessary to assure the acquiring, constructing, 
  7-41      equipping, operating, maintaining, and extending of a 
  7-42      sewage disposal plant and sewerage system, and to levy 
  7-43      on those to whom sewers and sewerage systems are made 
  7-44      available a sewer service fee, charge, or sewer tax for 
 
 
                                 -7- 
 
 
 
  8- 1      the availability or use of the sewers; to provide for 
  8- 2      the manner and method of collecting such service charges 
  8- 3      and for enforcing payment of the same; and to charge, 
  8- 4      impose, and collect a sewer connection fee or fees to 
  8- 5      those connected with the system; 
 
  8- 6      (35) Solid waste disposal.  To provide for the 
  8- 7      collection and disposal of garbage, rubbish and refuse, 
  8- 8      and to regulate the collection and disposal of garbage, 
  8- 9      rubbish, and refuse by others; and to provide for the 
  8-10      separate collection of glass, tin, aluminum, cardboard, 
  8-11      paper, and other recyclable materials; and to provide 
  8-12      for the sale of such items. 
 
  8-13      (36) Special areas of public regulation.  To regulate or 
  8-14      prohibit junk dealers, pawn shops, the manufacture, 
  8-15      sale, or transportation of intoxicating liquors and the 
  8-16      use and sale of firearms; to regulate the 
  8-17      transportation, storage, and use of combustible, 
  8-18      explosive, and inflammable materials, the use of 
  8-19      lighting and heating equipment, and any other business 
  8-20      or situation which may be dangerous to persons or 
  8-21      property; to regulate and control the conduct of 
  8-22      peddlers and itinerant traders, theatrical performances, 
  8-23      exhibitions, and shows of any kind, by taxation or 
  8-24      otherwise; and to license, tax, regulate, or prohibit 
  8-25      professional fortunetelling, palmistry, adult 
  8-26      bookstores, and massage parlors; 
 
  8-27      (37) Special assessments.  To levy and provide for the 
  8-28      collection of special assessments to cover the costs for 
  8-29      any public improvements; 
 
  8-30      (38) Taxes:  ad valorem.  To levy and provide for 
  8-31      assessment, valuation, revaluation, and collection of 
  8-32      taxes on all property subject to taxation; 
 
  8-33      (39) Taxes:  other.  To levy and collect such other 
  8-34      taxes as may be allowed now or in the future by law. 
 
  8-35      (40) Taxicabs.  To regulate and license vehicles 
  8-36      operated for hire in the city; to limit the number of 
  8-37      such vehicles; to require the operators of such vehicles 
  8-38      to be licensed; to require public liability insurance on 
  8-39      such vehicles in the amounts to be prescribed by 
  8-40      ordinance; and to regulate the parking of such vehicles; 
 
  8-41      (41) Urban redevelopment.  To organize and operate an 
  8-42      urban redevelopment program; and 
 
 
 
                                 -8- 
 
 
 
  9- 1      (42) Other powers.  To exercise and enjoy all other 
  9- 2      powers, functions, rights, privileges, and immunities 
  9- 3      necessary or desirable to promote or protect the safety, 
  9- 4      health, peace, security, good order, comfort, 
  9- 5      convenience, or general welfare of the city and its 
  9- 6      inhabitants; and to exercise all implied powers 
  9- 7      necessary to carry into execution all powers granted in 
  9- 8      this charter as fully and completely as if such powers 
  9- 9      were fully stated in this charter; and to exercise all 
  9-10      powers now or in the future authorized to be exercised 
  9-11      by other municipal governments under other laws of the 
  9-12      State of Georgia; and no listing of particular powers in 
  9-13      this charter shall be held to be exclusive of others, 
  9-14      nor restrictive of general words and phrases granting 
  9-15      powers, but shall be held to be in addition to such 
  9-16      powers unless expressly prohibited to municipalities 
  9-17      under the Constitution or applicable laws of the State 
  9-18      of Georgia. 
 
  9-19                         SECTION 1.13. 
  9-20                      Exercise of powers. 
 
  9-21  All powers, functions, rights, privileges, and immunities of 
  9-22  the city, and its officers, agencies, or employees shall be 
  9-23  carried into execution as provided by this charter.  If this 
  9-24  charter makes no provision, such shall be carried into 
  9-25  execution as provided by ordinance or as provided by 
  9-26  pertinent laws of the State of Georgia. 
 
 
  9-27                      GOVERNMENT STRUCTURE 
  9-28                       LEGISLATIVE BRANCH 
 
  9-29                         SECTION 2.10. 
  9-30         Mayor and council--creation; number; election. 
 
  9-31  The legislative authority of the government of this city, 
  9-32  except as otherwise specifically provided in this charter, 
  9-33  shall be vested in a mayor and council to be composed of a 
  9-34  mayor and six members of the council.  The mayor and 
  9-35  councilmembers shall be elected in the manner provided by 
  9-36  this charter. 
 
  9-37                         SECTION 2.11. 
  9-38           Same--terms and qualifications for office. 
 
  9-39  The mayor and each member of the council shall serve for 
  9-40  terms of four years and until their respective successors 
  9-41  are elected and qualified.  No person shall be eligible to 
 
 
 
                                 -9- 
 
 
 
 10- 1  serve as mayor or councilmember unless he or she shall have 
 10- 2  been a resident of the city for a period of at least 12 
 10- 3  months immediately prior to the date of the election of the 
 10- 4  mayor or members of the council; each shall continue to 
 10- 5  reside therein during his or her period of service and to be 
 10- 6  registered and qualified to vote in municipal elections of 
 10- 7  this city. 
 
 10- 8                         SECTION 2.12. 
 10- 9          Vacancy; filling of vacancies; suspensions. 
 
 10-10  (a) Vacancies.  The office of mayor or councilmember shall 
 10-11  become vacant upon the incumbent's death, resignation, 
 10-12  forfeiture of office, or removal from office in any manner 
 10-13  authorized by this charter or the general laws of the State 
 10-14  of Georgia.  A vacancy in the office of mayor or 
 10-15  councilmember shall be filled for the remainder of the 
 10-16  unexpired term, if any, as provided for in this charter. 
 
 10-17  (b) Suspension.  Upon the suspension from office of mayor or 
 10-18  councilmember in any manner authorized by the general laws 
 10-19  of the State of Georgia, the mayor and council or those 
 10-20  remaining shall appoint a successor for the duration of the 
 10-21  suspension.  If the suspension becomes permanent, then the 
 10-22  office shall become vacant and shall be filled for the 
 10-23  remainder of the unexpired term, if any, as provided for in 
 10-24  this charter. 
 
 10-25                         SECTION 2.13. 
 10-26                Same--compensation and expenses. 
 
 10-27  The mayor and each councilmember shall receive compensation 
 10-28  and expenses for their services as provided by ordinance and 
 10-29  in accordance with Chapter 35 of Title 36 of the O.C.G.A. 
 
 10-30                         SECTION 2.14. 
 10-31         Conflicts of interest; holding other offices. 
 
 10-32  (a) Conflict of interest.  No elected official, appointed 
 10-33  officer, or employee of the city or any agency or political 
 10-34  entity to which this charter applies shall knowingly: 
 
 10-35      (1) Engage in any business or transaction, nor have a 
 10-36      financial or other personal interest, direct or 
 10-37      indirect, which is incompatible with the proper 
 10-38      discharge of his or her official duties or which would 
 10-39      tend to impair the independence of his or her judgment 
 10-40      or action in the performance of his or her official 
 10-41      duties; 
 
 
 
                                 -10- 
 
 
 
 11- 1      (2) Engage in or accept private employment or render 
 11- 2      services for private interests when such employment or 
 11- 3      service is incompatible with the proper discharge of his 
 11- 4      or her official duties or would tend to impair the 
 11- 5      independence of his or her judgment or action in the 
 11- 6      performance of his or her official duties; 
 
 11- 7      (3) Disclose confidential information concerning the 
 11- 8      property, government, or affairs of the governmental 
 11- 9      body by which he or she is engaged without proper legal 
 11-10      authorization; or use such information to advance the 
 11-11      financial or other private interest of himself, herself, 
 11-12      or others; 
 
 11-13      (4) Accept any valuable gift, whether in the form of 
 11-14      service, loan, thing, or promise, from any person, firm, 
 11-15      or corporation which to his or her knowledge is 
 11-16      interested, directly or indirectly, in any manner 
 11-17      whatsoever, in business dealings with the governmental 
 11-18      body by which he or she is engaged; provided, however, 
 11-19      that an elected official who is a candidate for public 
 11-20      office may accept campaign contributions and services in 
 11-21      connection with any such campaign; or 
 
 11-22      (5) Represent other private interests in any action or 
 11-23      proceeding against this city or any portion of its 
 11-24      government. 
 
 11-25  (b) Disclosure.  Any elected official, appointed officer, or 
 11-26  employee who shall have any private financial interest, 
 11-27  directly or indirectly, in any contract or matter pending 
 11-28  before or within any department of the city shall disclose 
 11-29  such private interest to the mayor and council.  The mayor 
 11-30  or any councilmember who has a private interest in any 
 11-31  matter pending before the mayor and council shall disclose 
 11-32  such private interest and such disclosure shall be entered 
 11-33  on the records of the mayor and council, and such mayor or 
 11-34  councilmember having a private interest shall disqualify 
 11-35  himself or herself from participating in any decision or 
 11-36  vote relating thereto.  Any elected official, appointed 
 11-37  officer, or employee of any agency or political entity to 
 11-38  which this charter applies who shall have any private 
 11-39  financial interest, directly or indirectly, in any contract 
 11-40  or matter pending before or within such entity shall 
 11-41  disclose such private interest to the governing body of such 
 11-42  agency or entity. 
 
 
 
 
                                 -11- 
 
 
 
 12- 1  (c) Use of public property.  No elected official, appointed 
 12- 2  officer, or employee of the city or any agency or entity to 
 12- 3  which this charter applies shall use property owned by such 
 12- 4  governmental entity for personal benefit, convenience, or 
 12- 5  profit except in accordance with policies promulgated by the 
 12- 6  mayor and council or the governing body of such agency or 
 12- 7  entity. 
 
 12- 8  (d) Contracts voidable and rescindable.  Any violation of 
 12- 9  this section which occurs with the knowledge, express or 
 12-10  implied, of a party to a contract or sale shall render said 
 12-11  contract or sale voidable at the option of the mayor and 
 12-12  council. 
 
 12-13  (e) Ineligibility of elected official.  Except where 
 12-14  otherwise authorized by law, neither the mayor nor any 
 12-15  councilmember shall hold any other elective or compensated 
 12-16  appointive office in the city or otherwise be employed by 
 12-17  said government or any agency of the city during the term 
 12-18  for which he or she was elected. 
 
 12-19  (f) Political activities of certain officers and employees. 
 12-20  No appointive officer and no employee of the city shall 
 12-21  continue in such employment upon qualifying as a candidate 
 12-22  for nomination or election to any public office within the 
 12-23  city government. 
 
 12-24  (g) Penalties for violation. 
 
 12-25      (1) Any city officer or employee who knowingly conceals 
 12-26      such financial interest or knowingly violates any of the 
 12-27      requirements of this section shall be guilty of 
 12-28      malfeasance in office or position and shall be deemed to 
 12-29      have forfeited his or her office or position; and 
 
 12-30      (2) Any officer or employee of the city who shall 
 12-31      forfeit his or her office or position as described in 
 12-32      paragraph (1) above shall be ineligible for appointment 
 12-33      to, election to, or employment in a position in the city 
 12-34      government for a period of three years thereafter. 
 
 12-35                         SECTION 2.15. 
 12-36                 Inquiries and investigations. 
 
 12-37  The mayor and council may make inquiries and investigations 
 12-38  into the affairs of the city and conduct of any department, 
 12-39  office, or agency of the city and for this purpose may 
 12-40  subpoena witnesses, administer oaths, take testimony, and 
 12-41  require the production of evidence.  Any person who fails or 
 12-42  refuses to obey a lawful order issued in the exercise of 
 
 
                                 -12- 
 
 
 
 13- 1  these powers by the mayor and council shall be punished as 
 13- 2  provided by ordinance. 
 
 13- 3                         SECTION 2.16. 
 13- 4     General power and authority of the mayor and council. 
 
 13- 5  Except as otherwise provided by other provisions of this 
 13- 6  charter, the mayor and council shall exercise that authority 
 13- 7  and those powers as provided by Article I of this charter. 
 
 13- 8                         SECTION 2.17. 
 13- 9                        Eminent domain. 
 
 13-10  The mayor and council is empowered to acquire, construct, 
 13-11  operate and maintain public ways, parks, public grounds, 
 13-12  cemeteries, markets, market houses, public buildings, 
 13-13  libraries, sewers, drains, sewage treatment, waterworks, 
 13-14  electrical systems, gas systems, airports, hospitals, and 
 13-15  charitable, educational, recreational, sport, curative, 
 13-16  corrective, detentional, penal and medical institutions, 
 13-17  agencies and facilities; any other public improvements 
 13-18  inside or outside the city; and to regulate the use thereof 
 13-19  and for such purposes, property may be condemned under 
 13-20  procedures established under general law applicable now or 
 13-21  as provided in the future. 
 
 13-22                  ORGANIZATION AND PROCEDURES 
 
 13-23                         SECTION 2.18. 
 13-24                    Organizational meetings. 
 
 13-25  The mayor and council shall hold an organizational meeting 
 13-26  on the first Tuesday in January next following the election 
 13-27  of the mayor and council.  The meeting shall be called to 
 13-28  order by the city clerk, and the oath of office shall be 
 13-29  administered to the newly elected members as follows: 
 
 13-30    "I do solemnly (swear)(affirm) that I will faithfully 
 13-31    perform the duties of (mayor or councilmember) of this 
 13-32    city and that I will support and defend the charter 
 13-33    thereof as well as the Constitution and laws of the State 
 13-34    of Georgia and of the United States of America." 
 
 13-35                         SECTION 2.19. 
 13-36                 Regular and special meetings. 
 
 13-37  (a) The mayor and council shall hold regular meetings at 
 13-38  such times and places as prescribed by ordinance. 
 
 13-39  (b) Special meetings of the mayor and council may be held on 
 13-40  call of the mayor or of any three members of the city 
 
 
 
                                 -13- 
 
 
 
 14- 1  council. Notice of such special meetings shall be served on 
 14- 2  all other members personally, or by telephone personally, at 
 14- 3  least 24 hours in advance of the meeting.  Such notice to 
 14- 4  the mayor and councilmembers shall not be required if five 
 14- 5  of the six members of the council are present when the 
 14- 6  special meeting is called.  Such notice of any special 
 14- 7  meeting may be waived by a councilmember in writing before 
 14- 8  or after such a meeting, and attendance at the meeting shall 
 14- 9  also constitute a waiver of notice on any business 
 14-10  transacted in such councilmember's presence.  Only the 
 14-11  business stated in the call may be transacted at the special 
 14-12  meeting. 
 
 14-13  (c) All meetings of the mayor and council shall be public to 
 14-14  the extent required by law, and notice to the public of 
 14-15  special meetings shall be made as fully as is reasonably 
 14-16  possible prior to such meetings as provided by state law. 
 
 14-17                         SECTION 2.20. 
 14-18                      Rules of procedure. 
 
 14-19  (a) The mayor and council shall adopt rules of procedure and 
 14-20  order of business consistent with the provisions of this 
 14-21  charter and shall provide for keeping a journal of 
 14-22  proceedings, which shall be a public record. 
 
 14-23  (b) All committees and committee chairpersons and officers 
 14-24  of the mayor and council shall be appointed by the mayor and 
 14-25  shall serve at the mayor's pleasure.  The mayor shall have 
 14-26  the power to appoint new members to any committee at any 
 14-27  time. 
 
 14-28                         SECTION 2.21. 
 14-29                        Quorum:  voting. 
 
 14-30  (a) Four of the councilmembers shall constitute a quorum and 
 14-31  shall be authorized to transact business of the mayor and 
 14-32  council. Voting on the adoption of ordinances shall be by 
 14-33  voice vote and the vote shall be recorded in the journal, 
 14-34  but any member of the council shall have the right to 
 14-35  request a roll call vote, and such vote shall be recorded in 
 14-36  the journal.  Except as otherwise provided in this charter, 
 14-37  the affirmative vote of a majority of the Councilmembers 
 14-38  present at an official meeting shall be required for the 
 14-39  adoption of any ordinance, resolution, or motion. 
 
 14-40  (b)  In the event vacancies in office result in less than a 
 14-41  quorum of the councilmembers holding office, then the 
 14-42  remaining councilmembers in office shall constitute a quorum 
 
 
 
                                 -14- 
 
 
 
 15- 1  and shall be authorized to transact business of the mayor 
 15- 2  and council.  In this event, a vote of a majority of the 
 15- 3  remaining councilmembers present at an official meeting 
 15- 4  shall be required for the adoption of any ordinance, 
 15- 5  resolution or motion. 
 
 15- 6                         SECTION 2.22. 
 15- 7                  Ordinance form; procedures. 
 
 15- 8  (a) Every proposed ordinance should be introduced in writing 
 15- 9  and in the form required for final adoption.  No ordinance 
 15-10  shall contain a subject which is not expressed in its title. 
 15-11  The enacting clause shall be "The mayor and council of the 
 15-12  City of Donalsonville hereby ordains. . . ." and every 
 15-13  ordinance shall so begin. 
 
 15-14  (b) An ordinance may be introduced by any councilmember and 
 15-15  may be read at a regular or special meeting of the mayor and 
 15-16  council. Ordinances shall be considered and adopted or 
 15-17  rejected by the mayor and council in accordance with the 
 15-18  rules which it shall establish; provided, however, an 
 15-19  ordinance shall not be adopted the same day it is 
 15-20  introduced, unless a written copy of the ordinance shall 
 15-21  have been provided to each councilmember not less than 24 
 15-22  hours prior to the meeting at which it shall be considered 
 15-23  for adoption, or for emergency ordinances as provided in 
 15-24  Section 2.24.  Upon introduction of any ordinance, the clerk 
 15-25  shall as soon as possible distribute a copy to the mayor and 
 15-26  each councilmember and shall file a reasonable number of 
 15-27  copies in the office of the clerk and at such other public 
 15-28  places as the mayor and council may designate. 
 
 15-29                         SECTION 2.23. 
 15-30                 Action requiring an ordinance. 
 
 15-31  Acts of the mayor and council which have the force and 
 15-32  effect of law shall be enacted by ordinance. 
 
 15-33                         SECTION 2.24. 
 
 
 15-34  To meet a public emergency affecting life, health, property, 
 15-35  or public peace, the mayor and council may convene on call 
 15-36  of the mayor or three councilmembers and promptly adopt an 
 15-37  emergency ordinance, but such ordinance may not levy taxes; 
 15-38  grant, renew, or extend a franchise; regulate the rate 
 15-39  charged by any public utility for its services; or authorize 
 15-40  the borrowing of money except for loans to be repaid within 
 15-41  30 days.  An emergency ordinance shall be introduced in the 
 
 
 
                                 -15- 
 
 
 
 16- 1  form prescribed for ordinances generally, except that it 
 16- 2  shall be plainly designated as an emergency ordinance and 
 16- 3  shall contain, after the enacting clause, a declaration 
 16- 4  stating that an emergency exists and describing the 
 16- 5  emergency in clear and specific terms.  An emergency 
 16- 6  ordinance may be adopted, with or without amendment, or 
 16- 7  rejected at the meeting at which it is introduced, but the 
 16- 8  affirmative vote of at least three Councilmembers shall be 
 16- 9  required for adoption.  It shall become effective upon 
 16-10  adoption or at such later time as it may specify. Every 
 16-11  emergency ordinance shall automatically stand repealed 90 
 16-12  days following the date upon which it was adopted, but this 
 16-13  shall not prevent reenactment of the ordinance in the manner 
 16-14  specified in this section if the emergency still exists.  An 
 16-15  emergency ordinance may also be repealed by adoption of a 
 16-16  repealing ordinance in the same manner specified in this 
 16-17  section for adoption of emergency ordinances. 
 
 16-18                         SECTION 2.25. 
 16-19                Codes of technical regulations. 
 
 16-20  (a) The mayor and council may adopt any standard code of 
 16-21  technical regulations by reference thereto in an adopting 
 16-22  ordinance.  The procedure and requirements governing such 
 16-23  adopting ordinance shall be as prescribed for ordinances 
 16-24  generally except that: 
 
 16-25      (1) The requirements of Section 2.22(b) for distribution 
 16-26      and filing of copies of the ordinance shall be construed 
 16-27      to include copies of any code of technical regulations, 
 16-28      as well as the adopting ordinance; and 
 
 16-29      (2) A copy of each adopted code of technical 
 16-30      regulations, as well as the adopting ordinance, shall be 
 16-31      authenticated and recorded by the clerk pursuant to 
 16-32      Section 2.26. 
 
 16-33  (b) Copies of any adopted code of technical regulations 
 16-34  shall be made available by the clerk for distribution or for 
 16-35  purchase at a reasonable price. 
 
 16-36                         SECTION 2.26. 
 16-37  Signing; authenticating; recording; codification; printing. 
 
 16-38  (a) The mayor shall sign and the clerk shall authenticate 
 16-39  the mayor's signature and record in full in a properly 
 16-40  indexed book kept for that purpose all ordinances adopted by 
 16-41  the mayor and council. 
 
 
 
 
                                 -16- 
 
 
 
 17- 1  (b) The mayor and council shall provide for the preparation 
 17- 2  of a general codification of all the ordinances of the city 
 17- 3  having the force and effect of law.  The general 
 17- 4  codification shall be adopted by the mayor and council by 
 17- 5  ordinance and shall be published promptly, together with all 
 17- 6  amendments thereto and such codes of technical regulations 
 17- 7  and other rules and regulations as the mayor and council may 
 17- 8  specify.  This compilation shall be known and cited 
 17- 9  officially as "The Code of the City of Donalsonville, 
 17-10  Georgia."  Copies of the code shall be furnished to all 
 17-11  officers, departments, and agencies of the city and made 
 17-12  available for purchase by the public at a reasonable price 
 17-13  as fixed by the city council. 
 
 17-14  (c) The mayor and council shall cause each ordinance and 
 17-15  each amendment to this charter to be printed promptly 
 17-16  following its adoption, and the printed ordinances and 
 17-17  charter amendments shall be made available for purchase by 
 17-18  the public at reasonable prices to be fixed by the city 
 17-19  council.  Following publication of the first code under this 
 17-20  charter and at all times thereafter, the ordinances and 
 17-21  charter amendments shall be printed in substantially the 
 17-22  same style as the code currently in effect and shall be 
 17-23  suitable in form for incorporation therein.  The mayor and 
 17-24  council shall make such further arrangements as deemed 
 17-25  desirable with reproduction and distribution of any current 
 17-26  changes in or additions to codes of technical regulations 
 17-27  and other rules and regulations included in the code. 
 
 17-28                         SECTION 2.27. 
 17-29    City manager; appointment; qualifications; compensation. 
 
 17-30  The mayor and council shall appoint a city manager for an 
 17-31  indefinite term and shall fix the compensation of the city 
 17-32  manager.  The manager shall be appointed solely on the basis 
 17-33  of his or her executive, administrative, and technical 
 17-34  qualifications. 
 
 17-35                         SECTION 2.27. 
 17-36                    Removal of city manager. 
 
 17-37  (a) The mayor and council may remove the manager from office 
 17-38  in accordance with the following procedures: 
 
 17-39      (1) The mayor and council shall adopt by affirmative 
 17-40      vote of a majority of all its members a preliminary 
 17-41      resolution which must state the reasons for removal and 
 17-42      may suspend the manager from duty for a period not to 
 
 
 
                                 -17- 
 
 
 
 18- 1      exceed 45 days. A copy of the resolution shall be 
 18- 2      delivered promptly to the manager; 
 
 18- 3      (2) Within five days after a copy of the resolution is 
 18- 4      delivered to the manager, the manager may file with the 
 18- 5      mayor and council a written request for a public 
 18- 6      hearing.  This hearing shall be held within 30 days 
 18- 7      after the request is filed.  The manager may file with 
 18- 8      the mayor and council a written reply not later than 
 18- 9      five days before the hearing; or 
 
 18-10      (3) If the manager has not requested a public hearing 
 18-11      within the time specified in paragraph (2) above, the 
 18-12      mayor and council may adopt a final resolution for 
 18-13      removal, which may be made effective immediately, by an 
 18-14      affirmative vote of a majority of all its members.  If 
 18-15      the manager has requested a public hearing, the mayor 
 18-16      and council may adopt a final resolution for removal, 
 18-17      which may be made effective immediately, by an 
 18-18      affirmative vote of a majority of all its members at any 
 18-19      time after the public hearing. 
 
 18-20  (b) The manager shall continue to receive his or her salary 
 18-21  until the effective date of a final resolution of removal. 
 
 18-22                         SECTION 2.29. 
 18-23                      Acting city manager. 
 
 18-24  By letter filed with the city clerk, the manager shall 
 18-25  designate subject to approval of the mayor and council a 
 18-26  qualified city administrative officer to exercise the powers 
 18-27  and perform the duties of manager during the manager's 
 18-28  temporary absence or disability. During such absence or 
 18-29  disability, the mayor and council may revoke such 
 18-30  designation at any time and appoint another officer of the 
 18-31  city to serve until the manager shall return or the 
 18-32  manager's disability shall cease. 
 
 18-33                         SECTION 2.30. 
 18-34             Powers and duties of the city manager. 
 
 18-35  The city manager shall be the chief administrative officer 
 18-36  of the city.  The manager shall be responsible to the mayor 
 18-37  and council for the administration of all city affairs 
 18-38  placed in his or her charge by or under this charter.  The 
 18-39  manager shall have the following powers and duties: 
 
 18-40      (1) To appoint and, when he or she deems it necessary 
 18-41      for the good of the city, suspend or remove all city 
 18-42      employees and administrative officers he or she 
 
 
                                 -18- 
 
 
 
 19- 1      appoints, except as otherwise provided by law or 
 19- 2      personnel ordinances adopted pursuant to this charter. 
 19- 3      The manager may authorize any administrative officer who 
 19- 4      is subject to his or her direction and supervision to 
 19- 5      exercise these powers with respect to subordinates in 
 19- 6      that officer's department, office, or agency. 
 
 19- 7      (2) To direct and supervise the administration of all 
 19- 8      departments, offices, and agencies of the city, except 
 19- 9      as otherwise provided by this charter or by law. 
 
 19-10      (3) To attend all  meetings of the mayor and council and 
 19-11      to have the right to take part in discussion but not to 
 19-12      vote. 
 
 19-13      (4) To see that all laws, provisions of this charter, 
 19-14      and acts of the mayor and council, subject to 
 19-15      enforcement by the manager or by officers subject to his 
 19-16      or her direction and supervision, are faithfully 
 19-17      executed. 
 
 19-18      (5) To prepare and submit the annual operating budget 
 19-19      and capital budget to the mayor and council. 
 
 19-20      (6) To submit to the mayor and council and make 
 19-21      available to the public a complete report on the 
 19-22      finances and administrative activities of the city as of 
 19-23      the end of each fiscal year. 
 
 19-24      (7) To make such other reports as the mayor and council 
 19-25      may require concerning the operations of city 
 19-26      departments, offices, and agencies subject to his or her 
 19-27      direction and supervision. 
 
 19-28      (8) To keep the mayor and council fully advised as to 
 19-29      the financial condition and future needs of the city and 
 19-30      to make such recommendations to the mayor and council 
 19-31      concerning the affairs of the city as he or she deems 
 19-32      desirable. 
 
 19-33      (9) To perform other such duties as are specified in 
 19-34      this charter or as may be required by the mayor and 
 19-35      council. 
 
 19-36                         SECTION 2.31. 
 19-37           Council interference with administration. 
 
 19-38  Except for the purpose of inquiries and investigations under 
 19-39  Section 2.15, the mayor and council or its members shall 
 19-40  deal with city officers and employees who are subject to the 
 19-41  direction and supervision of the manager solely through the 
 
 
                                 -19- 
 
 
 
 20- 1  manager, and neither the mayor and council nor its members 
 20- 2  shall give orders to any such officer or employee, either 
 20- 3  publicly or privately. 
 
 20- 4                         SECTION 2.32. 
 20- 5                Selection of mayor pro tempore. 
 
 20- 6  By a majority vote of all its members, the mayor and council 
 20- 7  shall elect a councilmember to serve as mayor pro tempore, 
 20- 8  and such councilmember shall serve at the pleasure of the 
 20- 9  mayor and council.  The mayor pro tempore shall continue to 
 20-10  vote and otherwise participate as a councilmember. 
 
 20-11                         SECTION 2.33. 
 20-12                  Powers and duties of mayor. 
 
 20-13  The mayor shall: 
 
 20-14      (1) Preside at all meetings of the mayor and council; 
 
 20-15      (2) Be the head of the city for the purpose of service 
 20-16      of process and for ceremonial purposes and shall be the 
 20-17      official spokesperson for the city and the chief 
 20-18      advocate of policy; 
 
 20-19      (3) Have power to administer oaths and to take 
 20-20      affidavits; 
 
 20-21      (4) Sign as a matter of course on behalf of the city all 
 20-22      written and approved contracts, ordinances, and other 
 20-23      instruments executed by the city which by law are 
 20-24      required to be in writing; and 
 
 20-25      (5) Serve as a tie breaker and cast a vote only in the 
 20-26      event of a tie vote of the council. 
 
 20-27                         SECTION 2.34. 
 20-28                   Mayor pro tempore; duties. 
 
 20-29  The mayor pro tempore shall preside at all meetings of the 
 20-30  mayor and council in the absence of the mayor and shall 
 20-31  assume the duties and powers of the mayor upon the mayor's 
 20-32  disability or absence. The mayor and council by a majority 
 20-33  vote shall elect a new presiding officer from among its 
 20-34  members for any period in which the mayor pro tempore is 
 20-35  disabled, absent, or acting as mayor.  Any such absence or 
 20-36  disability shall be declared by majority vote of all mayor 
 20-37  and council. 
 
 
 
 
 
 
                                 -20- 
 
 
 
 
 21- 1                     ADMINISTRATIVE AFFAIRS 
 
 21- 2                         SECTION 3.10. 
 21- 3            Administrative and service departments. 
 
 21- 4  (a) Except as otherwise provided in this charter, the mayor 
 21- 5  and council by ordinance shall prescribe the functions or 
 21- 6  duties, and establish, abolish or alter all nonelective 
 21- 7  offices, positions of employment, departments, and agencies 
 21- 8  of the city, as necessary for the proper administration of 
 21- 9  the affairs and government of this city. 
 
 21-10  (b) Except as otherwise provided by this charter or by law, 
 21-11  the directors of departments and other appointed officers of 
 21-12  the city shall be appointed solely on the basis of their 
 21-13  respective administrative and professional qualifications. 
 
 21-14  (c) All appointive officers and directors of departments 
 21-15  shall receive such compensation as prescribed by the mayor 
 21-16  and council. 
 
 21-17  (d) There shall be a director of each department or agency 
 21-18  who shall be its principal officer.  Each director shall, 
 21-19  subject to the direction and supervision of the city 
 21-20  manager, be responsible for the administration and direction 
 21-21  of the affairs and operations of the department or agency. 
 
 21-22  (e) All directors under the supervision of the city manager 
 21-23  shall be nominated by the city manager with confirmation of 
 21-24  appointment by the mayor and council.  The manager may 
 21-25  suspend, with or without pay, or remove directors under his 
 21-26  or her supervision, but such a removal shall not be 
 21-27  effective for ten calendar days following the city manager 
 21-28  giving written notice of such action and the reasons for 
 21-29  such action to the director involved and to the mayor and 
 21-30  council.  The director involved may appeal to the mayor and 
 21-31  council which, after a hearing, may override the  action of 
 21-32  the city manager by a vote of four of the councilmembers. 
 
 21-33                         SECTION 3.11. 
 21-34             Boards, commissions, and authorities. 
 
 21-35  (a) The mayor and council shall create by ordinance such 
 21-36  boards, commissions, and authorities to fulfill any 
 21-37  investigative, quasi-judicial or quasi-legislative function 
 21-38  the mayor and council deem necessary, and shall by ordinance 
 21-39  establish the composition, period of existence, duties and 
 21-40  powers thereof. 
 
 
 
                                 -21- 
 
 
 
 22- 1  (b) All members of boards, commissions, and authorities of 
 22- 2  the city shall be appointed by the mayor and council for 
 22- 3  such terms of office and in such manner as shall be provided 
 22- 4  by ordinance, except where other appointing authority, 
 22- 5  terms, office, or manner of appointment is prescribed by 
 22- 6  this charter or by law. 
 
 22- 7  (c) The mayor and council by ordinance may provide for the 
 22- 8  compensation and reimbursement for actual and necessary 
 22- 9  expenses of the members of any board, commission, or 
 22-10  authority. 
 
 22-11  (d) Except as otherwise provided by this charter or by law, 
 22-12  no member of any board, commission, or authority shall hold 
 22-13  any elective office in the city. 
 
 22-14  (e) Any vacancy on a board, commission, or authority of the 
 22-15  city shall be filled for the unexpired term in the manner 
 22-16  prescribed for original appointment, except as otherwise 
 22-17  provided by this charter or by law. 
 
 22-18  (f) No member of a board, commission, or authority shall 
 22-19  assume office until he or she has executed and filed with 
 22-20  the clerk of the city an oath obligating himself or herself 
 22-21  to faithfully and impartially perform the duties of office, 
 22-22  such oath to be prescribed by ordinance and administered by 
 22-23  the mayor. 
 
 22-24  (g) Any member of a board, commission, or authority may be 
 22-25  removed from office for cause by a vote of four members of 
 22-26  the council. 
 
 22-27  (h) Except as otherwise provided by this charter or by law, 
 22-28  each board, commission, or authority of the city shall elect 
 22-29  one of its members as chairperson and one member as vice 
 22-30  chairperson and may elect as its secretary one of its own 
 22-31  members or may appoint as secretary an employee of the city 
 22-32  or such other individual as its bylaws permit.  Each board, 
 22-33  commission, or authority of the city government may 
 22-34  establish such bylaws, rules, and regulations not 
 22-35  inconsistent with this charter, ordinances of the city, or 
 22-36  law, as it deems appropriate and necessary for the 
 22-37  fulfillment of its duties or the conduct of its affairs. 
 22-38  Copies of such bylaws, rules, and regulations shall be filed 
 22-39  with the clerk of the city. 
 
 
 
 
 
 
                                 -22- 
 
 
 
 23- 1                    ADMINISTRATIVE OFFICERS 
 
 23- 2                         SECTION 3.12. 
 23- 3                         City attorney. 
 
 23- 4  The mayor and council shall appoint a city attorney, 
 23- 5  together with such assistant city attorneys as may be 
 23- 6  authorized, and shall provide for the payment of such 
 23- 7  attorney or attorneys for services rendered to the city. 
 23- 8  The city attorney shall be responsible for representing and 
 23- 9  defending the city in all litigation in which the city is a 
 23-10  party, may be the prosecuting officer in the municipal 
 23-11  court, shall attend the meetings of the mayor and council as 
 23-12  directed, shall advise the mayor and council and other 
 23-13  officers and employees of the city concerning legal aspects 
 23-14  of the city's affairs, and shall perform such other duties 
 23-15  as may be required by virtue of his or her position as city 
 23-16  attorney. 
 
 23-17                         SECTION 3.13. 
 
 
 23-18  The city manager may nominate, and the mayor and council 
 23-19  shall appoint, a city clerk who shall not be a 
 23-20  councilmember.  The city clerk shall be custodian of the 
 23-21  official city seal, maintain such records as are required by 
 23-22  this charter, and perform such other duties as may be 
 23-23  required by the city manager. 
 
 23-24                         SECTION 3.14. 
 23-25                        City treasurer. 
 
 23-26  The city manager may nominate, and the mayor and council 
 23-27  shall appoint, a city treasurer to collect all taxes, 
 23-28  licenses, fees, and other monies belonging to the city 
 23-29  subject to the provisions of this charter and the ordinances 
 23-30  of the city, and to enforce all laws of Georgia relating to 
 23-31  the collection of delinquent taxes and sale or foreclosure 
 23-32  for nonpayment of taxes by the city.  The city treasurer 
 23-33  shall also be responsible for the general duties of a 
 23-34  treasurer and fiscal officer. 
 
 23-35                         SECTION 3.15. 
 23-36                        City accountant. 
 
 23-37  The city manager may nominate, and the mayor and council 
 23-38  shall appoint, a city accountant to perform the duties of an 
 23-39  accountant. 
 
 
 
 
                                 -23- 
 
 
 
 24- 1                    PERSONNEL ADMINISTRATION 
 
 24- 2                         SECTION 3.16. 
 
 
 24- 3  The city manager shall annually be responsible for the 
 24- 4  preparation of a pay plan which shall be submitted to the 
 24- 5  mayor and council for approval.  Such plan may apply to all 
 24- 6  employees of the city and any of its agencies, departments, 
 24- 7  boards, commissions, or authorities.  For purposes of this 
 24- 8  section, all elected and appointed city officials are not 
 24- 9  city employees. 
 
 24-10                         SECTION 3.17. 
 24-11                      Personnel policies. 
 
 24-12  The mayor and council shall adopt rules and regulations 
 24-13  consistent with this charter concerning: 
 
 24-14      (1) The method of employee selection and probationary 
 24-15      periods of employment; 
 
 24-16      (2) The administration of the position classification 
 24-17      and pay plan, methods of promotion and application of 
 24-18      service ratings thereto, and transfer of employees 
 24-19      within the classification plan; 
 
 24-20      (3) Hours of work, vacation, sick leave, and other 
 24-21      leaves of absence, overtime pay, and the order and 
 24-22      manner in which layoffs shall be effected; 
 
 24-23      (4) Such dismissal hearings as due process may require; 
 24-24      and 
 
 24-25      (5) Such other personnel notices as may be necessary to 
 24-26      provide for adequate and systematic handling of 
 24-27      personnel affairs. 
 
 
 24-28                        JUDICIAL BRANCH 
 
 24-29                         SECTION 4.10. 
 24-30                        Creation; name. 
 
 24-31  There shall be a court to be known as the Municipal Court of 
 24-32  the City of Donalsonville. 
 
 24-33                         SECTION 4.11. 
 24-34               Municipal judge; associate judge. 
 
 24-35  (a) The municipal court shall be presided over by a chief 
 24-36  judge and such part-time, full-time, or stand-by judges as 
 
 
 
                                 -24- 
 
 
 
 25- 1  shall be provided by ordinance.  The method of selection and 
 25- 2  terms of such judges shall be provided by ordinance. 
 
 25- 3  (b) No person shall be qualified or eligible to serve as a 
 25- 4  judge on the municipal court unless he or she shall have 
 25- 5  attained the age of 21 years, and such person shall be a 
 25- 6  member of the State Bar of Georgia.  All judges shall be 
 25- 7  nominated by the city manager and appointed by the mayor and 
 25- 8  council. 
 
 25- 9  (c) Compensation of the judges shall be fixed by ordinance. 
 
 25-10  (d) Judges may be removed for cause by a vote of four 
 25-11  members of the council. 
 
 25-12  (e) Before assuming office, each judge shall take an oath, 
 25-13  given by the mayor, that he or she will honestly and 
 25-14  faithfully discharge the duties of office to the best of his 
 25-15  or her ability and without fear, favor, or partiality.  The 
 25-16  oath shall be entered upon the minutes of the journal of the 
 25-17  mayor and council required in Section 2.20. 
 
 25-18                         SECTION 4.12. 
 
 
 25-19  The municipal court shall be convened at regular intervals 
 25-20  as provided by ordinance. 
 
 25-21                         SECTION 4.13. 
 25-22                     Jurisdiction; powers. 
 
 25-23  (a) The municipal court shall try and punish violations of 
 25-24  this charter, all city ordinances, and such other violations 
 25-25  as provided by law. 
 
 25-26  (b) The municipal court shall have authority to punish those 
 25-27  in its presence for contempt, provided that such punishment 
 25-28  shall not exceed $200.00 or ten days in jail. 
 
 25-29  (c) The municipal court may fix punishment for offenses 
 25-30  within its jurisdiction not exceeding a fine of $1,000.00 or 
 25-31  imprisonment for six months or both such fine and 
 25-32  imprisonment or may fix punishment by fine, imprisonment, or 
 25-33  alternative sentencing as is now or hereafter provided by 
 25-34  law. 
 
 25-35  (d) The municipal court shall have authority to establish a 
 25-36  schedule of fees to defray the cost of operations and shall 
 25-37  be entitled to reimbursement of the cost of meals, 
 25-38  transportation, and caretaking of prisoners bound over to 
 25-39  superior courts for violations of state law. 
 
 
 
                                 -25- 
 
 
 
 26- 1  (e) The municipal court shall have authority to establish 
 26- 2  bail and recognizances to ensure the presence of those 
 26- 3  charged with violations before said court and shall have 
 26- 4  discretionary authority to accept cash or personal or real 
 26- 5  property as surety for the appearance of persons charged 
 26- 6  with violations.  Whenever any person shall give bail for 
 26- 7  his or her appearance and shall fail to appear at the time 
 26- 8  fixed for trial, such person's bond shall be forfeited by 
 26- 9  the judge presiding at such time, and an execution issued 
 26-10  thereon by serving the defendant and his or her sureties 
 26-11  with a rule nisi, at least two days before a hearing on the 
 26-12  rule nisi.  In the event that cash or property is accepted 
 26-13  in lieu of bond for security for the appearance of a 
 26-14  defendant at trial, and if such defendant fails to appear at 
 26-15  the time and place fixed for trial, the cash so deposited 
 26-16  shall be on order of the judge declared forfeited to the 
 26-17  city, or the property so deposited shall have a lien against 
 26-18  it for the value forfeited, which lien shall be enforceable 
 26-19  in the same manner and to the same extent as a lien for city 
 26-20  property taxes. 
 
 26-21  (f) The municipal court shall have the same authority as 
 26-22  superior courts to compel the production of evidence in the 
 26-23  possession of any party; to enforce obedience to its orders, 
 26-24  judgments and sentences; and to administer such oaths as are 
 26-25  necessary. 
 
 26-26  (g) The municipal court may compel the presence of all 
 26-27  parties necessary to a proper disposal of each case by the 
 26-28  issuance of summonses, subpoenas, and warrants which may be 
 26-29  served as executed by any officer as authorized by this 
 26-30  charter or by law. 
 
 26-31  (h) Each judge of the municipal court shall be authorized to 
 26-32  issue warrants for the arrest of persons charged with 
 26-33  offenses against any ordinance of the city, and each judge 
 26-34  of the municipal court shall have the same authority as a 
 26-35  magistrate of the state to issue warrants for offenses 
 26-36  against state laws committed within the city. 
 
 26-37  (i) The municipal court is specifically vested with all the 
 26-38  jurisdiction and powers throughout the geographic area of 
 26-39  this city granted by law to mayor's, recorder's and police 
 26-40  courts, and particularly by such laws as authorize the 
 26-41  abatement of nuisances and prosecution of traffic 
 26-42  violations. 
 
 
 
 
                                 -26- 
 
 
 
 27- 1                         SECTION 4.14. 
 27- 2                     Appeal and certiorari. 
 
 27- 3  (a) A review on a decision of the municipal court, in the 
 27- 4  case of traffic violations, may be by direct appeal to the 
 27- 5  superior court, and any bond as may be required to secure 
 27- 6  the costs of appeal to the Superior Court of Seminole 
 27- 7  County, Georgia, from the municipal court shall lie as 
 27- 8  prescribed by law.  An appeal to the superior court shall 
 27- 9  not be a de novo proceeding. 
 
 27-10  (b) The right of certiorari from the decision and judgment 
 27-11  of the municipal court shall exist in all criminal cases and 
 27-12  ordinance violation cases, and such certiorari shall be 
 27-13  obtained under the sanction of a judge of the Superior Court 
 27-14  of Seminole County under the laws of the State of Georgia 
 27-15  regulating the granting and issuance of writs of certiorari. 
 
 27-16                         SECTION 4.15. 
 27-17                        Rules for court. 
 
 27-18  With the approval of the mayor and council, the judge shall 
 27-19  have full power and authority to make reasonable rules and 
 27-20  regulations necessary and proper to secure the efficient and 
 27-21  successful administration of the municipal court; provided, 
 27-22  however, that the mayor and council may adopt in part or in 
 27-23  toto the rules and regulations applicable to superior 
 27-24  courts.  The rules and regulations made or adopted shall be 
 27-25  filed with the city clerk, shall be available for public 
 27-26  inspection, and, upon request, a copy shall be furnished to 
 27-27  all defendants in municipal court proceedings at least 48 
 27-28  hours prior to said proceedings. 
 
 
 27-29                     ELECTIONS AND REMOVAL 
 
 27-30                         SECTION 5.10. 
 27-31                 Applicability of general law. 
 
 27-32  All primaries and elections shall be held and conducted in 
 27-33  accordance with the Title 21, Chapter 3 of the O.C.G.A., the 
 27-34  "Georgia Municipal Election Code" as now or hereafter 
 27-35  amended. 
 
 27-36                         SECTION 5.11. 
 27-37                       Voting districts. 
 
 27-38  The city shall be divided into two voting districts, 
 27-39  District I and District II, with three councilmembers being 
 27-40  elected from District I and three councilmembers being 
 
 
 
                                 -27- 
 
 
 
 28- 1  elected from District II. District I shall contain Council 
 28- 2  Posts 1, 2, and 3; and District II shall contain Council 
 28- 3  Districts 4, 5, and 6.  The mayor shall run at large, 
 28- 4  representing both districts. 
 
 28- 5                         SECTION 5.12. 
 28- 6              Regular elections; time for holding. 
 
 28- 7  The board of commissioners shall cause an election to be 
 28- 8  held at the city hall or such other place in the city as the 
 28- 9  mayor and council shall direct and designate. All general 
 28-10  municipal elections shall be held on the Tuesday next 
 28-11  following the first Monday in November, 1993, and on such 
 28-12  day biennially thereafter.  Each elected officer shall serve 
 28-13  for a term of four years, the term beginning on January 1 of 
 28-14  the year following the officer's election.  Notwithstanding 
 28-15  any provision of this charter, no term of office to which a 
 28-16  person has been elected prior to the effective date of this 
 28-17  charter shall be shortened or lengthened except pursuant to 
 28-18  the procedures established by state law. 
 
 28-19                         SECTION 5.13. 
 28-20        Qualifying; absentee ballots; other provisions. 
 
 28-21  Except as otherwise provided by this charter, the mayor and 
 28-22  council, by ordinance, may prescribe rules and regulations 
 28-23  governing qualifying fees, absentee ballots, write-in votes, 
 28-24  challenge of votes, and such other rules and regulations as 
 28-25  it deems necessary to fulfill any options and duties under 
 28-26  Chapter 3 of Title 21 of the O.C.G.A., the "Georgia 
 28-27  Municipal Election Code," as now or hereafter amended. 
 
 28-28                         SECTION 5.14. 
 28-29                   Election by majority vote. 
 
 28-30  The candidate for office shall be elected by a majority vote 
 28-31  of the votes cast for each position.  The procedures and 
 28-32  requirements for election of all elected officers of the 
 28-33  city shall be in conformity with the provisions of Chapter 3 
 28-34  of Title 21 of the O.C.G.A., the "Georgia Municipal Election 
 28-35  Code," as now or hereafter amended. 
 
 28-36                         SECTION 5.15. 
 28-37                  Special election; vacancies. 
 
 28-38  In the event that the office of mayor shall become vacant 
 28-39  for any cause whatsoever, the council shall order a special 
 28-40  election to fill the balance of the unexpired term of the 
 28-41  office.  In the event that the office of councilmember shall 
 28-42  become vacant for any post, the mayor and council shall 
 
 
                                 -28- 
 
 
 
 29- 1  appoint a successor for the unexpired term of that office. 
 29- 2  However, no more than two so appointed councilmembers shall 
 29- 3  hold office at any one time.  If one-third or more council 
 29- 4  posts shall become vacant for any cause whatsoever, the 
 29- 5  mayor and council shall call a special election to fill the 
 29- 6  third and succeeding council posts for the unexpired term or 
 29- 7  terms of that office or succeeding offices.  In all other 
 29- 8  respects, the special election shall be held and conducted 
 29- 9  in accordance with Chapter 3 of Title 21 of the O.C.G.A., 
 29-10  the "Georgia Municipal Election Code," as now or hereafter 
 29-11  amended. 
 
 29-12                         SECTION 5.16. 
 29-13                      Removal of officers. 
 
 29-14  (a) The mayor, councilmembers, or other appointed officers 
 29-15  provided for in this charter shall be removed from office 
 29-16  for any one or more of the following causes: 
 
 29-17      (1) Incompetence, misfeasance, or malfeasance in office; 
 
 29-18      (2) Conviction of a crime involving moral turpitude; 
 
 29-19      (3) Failure at any time to possess any of the 
 29-20      qualifications of office as provided by this charter or 
 29-21      by law; 
 
 29-22      (4) Knowingly violating any express prohibition of this 
 29-23      charter; 
 
 29-24      (5) Abandonment of office or neglecting to perform the 
 29-25      duties of office; or 
 
 29-26      (6) Failure for any other cause to perform the duties of 
 29-27      office as required by this charter or by state law. 
 
 29-28  (b) Removal of an officer pursuant to subsection (a) of this 
 29-29  section shall be accomplished by one of the following 
 29-30  methods: 
 
 29-31      (1) By the vote of four of the councilmembers after an 
 29-32      investigative hearing.  In the event an elected officer 
 29-33      is sought to be removed by the action of the mayor and 
 29-34      council, such officer shall be entitled to a written 
 29-35      notice specifying the ground or grounds for removal and 
 29-36      to a public hearing which shall be held not less than 
 29-37      ten days after the service of such written notice.  Any 
 29-38      elected officer sought to be removed from office as 
 29-39      provided in this paragraph shall have the right of 
 29-40      appeal from the decision of the mayor and council to the 
 29-41      Superior Court of Seminole County.  Such appeal shall be 
 
 
                                 -29- 
 
 
 
 30- 1      governed by the same rules as govern appeals to the 
 30- 2      superior court from the probate court; or 
 
 30- 3      (2) By an order of the Superior Court of Seminole County 
 30- 4      following a hearing on a complaint seeking such removal 
 30- 5      brought by any resident of the City of Donalsonville. 
 
 
 
 
 30- 6                         SECTION 6.10. 
 30- 7                         Property tax. 
 
 30- 8  The mayor and council may assess, levy, and collect an ad 
 30- 9  valorem tax on all real and personal property within the 
 30-10  corporate limits of the city that is subject to such 
 30-11  taxation by the state and county.  This tax is for the 
 30-12  purpose of raising revenues to defray the costs of operating 
 30-13  the city government, of providing governmental services, for 
 30-14  the repayment of principal and interest on general 
 30-15  obligations, and for any other public purpose as determined 
 30-16  by the mayor and council in their discretion. 
 
 30-17                         SECTION 6.11. 
 30-18           Millage rate; due dates; payment methods. 
 
 30-19  The mayor and council by ordinance shall establish a millage 
 30-20  rate for the city property tax, a due date, and the time 
 30-21  period within which these taxes must be paid.  The mayor and 
 30-22  council by ordinance may provide for the payment of these 
 30-23  taxes by installments or in one lump sum, as well as 
 30-24  authorize voluntary payment of taxes prior to the time when 
 30-25  due. 
 
 30-26                         SECTION 6.12. 
 30-27                 Occupation and business taxes. 
 
 30-28  The mayor and council by ordinance shall have the power to 
 30-29  levy such occupation or business taxes as are not denied by 
 30-30  law. Such taxes may be levied on individuals, corporations, 
 30-31  and other entities in accordance with the provisions of 
 30-32  Article 1 of Chapter 13 of Title 48 of the O.C.G.A. and 
 30-33  other general law.  The mayor and council may classify 
 30-34  businesses, occupations, professions, or callings for the 
 30-35  purpose of such taxation in any way which may be lawful and 
 30-36  may compel the payment of such taxes as provided in Section 
 30-37  6.18. 
 
 
 
 
 
                                 -30- 
 
 
 
 31- 1                         SECTION 6.13. 
 31- 2                    Licenses; permits; fees. 
 
 31- 3  In accordance with Article 1, Chapter 13, Title 48 of the 
 31- 4  O.C.G.A. and other general law, the mayor and council shall 
 31- 5  have the power by ordinance to require any individuals or 
 31- 6  corporations who transact business in this city or who 
 31- 7  practice or offer to practice any profession or calling in 
 31- 8  this city to obtain a license or permit for such activity 
 31- 9  from the city and pay a reasonable fee for such license or 
 31-10  permit where such activities are actually regulated by the 
 31-11  city and are not now regulated by general law in such a way 
 31-12  as to preclude city regulations.  Such fees may reflect the 
 31-13  total cost to the city of regulating the activity and, if 
 31-14  unpaid, shall be collected as provided in Section 6.18.  The 
 31-15  mayor and council by ordinance may establish reasonable 
 31-16  requirements for obtaining or keeping such licenses as the 
 31-17  public health, safety, and welfare necessitate. 
 
 31-18                         SECTION 6.14. 
 
 
 31-19  The mayor and council shall have the power to grant 
 31-20  franchises for the use of this city's streets and alleys for 
 31-21  the purposes of railroads, street railways, telephone 
 31-22  companies, electric companies, cable telecommunications, gas 
 31-23  companies, transportation companies, and other similar 
 31-24  organizations.  The mayor and council shall determine the 
 31-25  duration, terms, whether the same shall be exclusive or 
 31-26  nonexclusive, and the consideration for such franchises; 
 31-27  provided, however, that no franchise shall be granted for a 
 31-28  period in excess of 35 years, and no franchise shall be 
 31-29  granted unless the city receives just and adequate 
 31-30  compensation therefor. The mayor and council shall provide 
 31-31  for the registration of all franchises with the city clerk 
 31-32  in a registration book kept by the city clerk. The mayor and 
 31-33  council may provide by ordinance for the registration within 
 31-34  a reasonable time of all franchises previously granted. 
 
 31-35                         SECTION 6.15. 
 31-36                        Service charges. 
 
 31-37  The mayor and council by ordinance shall have the power to 
 31-38  assess and collect fees, charges, and tolls for sewers, 
 31-39  sanitary and health services, or any other services provided 
 31-40  or made available within and without the corporate limits of 
 31-41  the city for the total cost to the city of providing or 
 
 
 
 
                                 -31- 
 
 
 
 32- 1  making available such services.  If unpaid, such charges 
 32- 2  shall be collected as provided in Section 6.18. 
 
 32- 3                         SECTION 6.16. 
 32- 4                      Special assessments. 
 
 32- 5  The mayor and council by ordinance shall have the power to 
 32- 6  assess and collect the cost of constructing, reconstructing, 
 32- 7  widening, or improving any public way, street, sidewalk, 
 32- 8  curbing, gutters, sewers, or other utility mains and 
 32- 9  appurtenances from the abutting property owners under such 
 32-10  terms and conditions as are reasonable.  If unpaid, such 
 32-11  charges shall be collected as provided in Section 6.18. 
 
 32-12                         SECTION 6.17. 
 32-13                   Construction; other taxes. 
 
 32-14  This city shall be empowered to levy any other tax allowed 
 32-15  now or hereafter by law, and the specific mention of any 
 32-16  right, power, or authority in this article shall not be 
 32-17  construed as limiting in any way the general powers of this 
 32-18  city to govern its local affairs. 
 
 32-19                         SECTION 6.18. 
 32-20            Collection of delinquent taxes and fees. 
 
 32-21  The mayor and council by ordinance may provide generally for 
 32-22  the collection of delinquent taxes, fees, or other revenue 
 32-23  due the city under Sections 6.10 through 6.17 by whatever 
 32-24  reasonable means as are not precluded by law.  This shall 
 32-25  include providing for the dates when the taxes or fees are 
 32-26  due; late penalties or interest; issuance and execution of 
 32-27  fi.fa.'s; creation and priority of liens; making delinquent 
 32-28  taxes and fees personal debts of the persons required to pay 
 32-29  the taxes or fees imposed; revoking city licenses for 
 32-30  failure to pay any city taxes or fees; and providing for the 
 32-31  assignment or transfer of tax executions. 
 
 32-32                         SECTION 6.19. 
 32-33                   General obligation bonds. 
 
 32-34  The mayor and council shall have the power to issue bonds 
 32-35  for the purpose of raising revenue to carry out any project, 
 32-36  program, or venture authorized under this charter or the 
 32-37  laws of the state. Such bonding authority shall be exercised 
 32-38  in accordance with the laws governing bond issuance by 
 32-39  municipalities in effect at the time said issue is 
 32-40  undertaken. 
 
 
 
 
                                 -32- 
 
 
 
 33- 1                         SECTION 6.20. 
 33- 2                         Revenue bonds. 
 
 33- 3  Revenue bonds may be issued by the mayor and council as 
 33- 4  state law now or hereafter provides.  Such bonds are to be 
 33- 5  paid out of any revenue produced by the project, program, or 
 33- 6  venture for which they were issued. 
 
 33- 7                         SECTION 6.21. 
 33- 8                       Short-term loans. 
 
 33- 9  The city may obtain short-term loans and must repay such 
 33-10  loans not later than December 31 of each year, unless 
 33-11  otherwise provided or allowed by law. 
 
 33-12                         SECTION 6.22. 
 
 
 33-13  The mayor and council shall set the fiscal year by 
 33-14  ordinance. This fiscal year shall constitute the budget year 
 33-15  and the year for financial accounting and reporting of each 
 33-16  and every office, department, agency, and activity of the 
 33-17  city government. 
 
 33-18                         SECTION 6.23. 
 33-19                    Preparation of budgets. 
 
 33-20  The mayor and council shall provide an ordinance on the 
 33-21  procedures and requirements for the preparation and 
 33-22  execution of an annual operating budget, a capital 
 33-23  improvement program, and a capital budget, including 
 33-24  requirements as to the scope, content, and form of such 
 33-25  budgets and programs. 
 
 33-26                         SECTION 6.24. 
 33-27      Submission of operating budget to mayor and council. 
 
 33-28  On or before a date fixed by the mayor and council but not 
 33-29  later than 30 days prior to the beginning of each fiscal 
 33-30  year, the city manager shall submit to the mayor and council 
 33-31  a proposed operating budget for the ensuing fiscal year. 
 33-32  The budget shall be accompanied by a message from the city 
 33-33  manager containing a statement of the general fiscal 
 33-34  policies of the city, the important features of the budget, 
 33-35  explanations of major changes recommended for the next 
 33-36  fiscal year, a general summary of the budget, and such other 
 33-37  comments and information as the city manager may deem 
 33-38  pertinent.  The operating budget, the capital improvements 
 33-39  budget, the budget message, and all supporting documents 
 
 
 
 
                                 -33- 
 
 
 
 34- 1  shall be filed in the office of the city clerk and shall be 
 34- 2  open to public inspection. 
 
 34- 3                         SECTION 6.25. 
 34- 4             Action by mayor and council on budget. 
 
 34- 5  (a) The mayor and council may amend the operating budget 
 34- 6  proposed by the city manager, except that the budget as 
 34- 7  finally amended and adopted must provide for all 
 34- 8  expenditures required by state law or by other provisions of 
 34- 9  this charter and for all debt service requirements for the 
 34-10  ensuing fiscal year, and the total appropriations from any 
 34-11  fund shall not exceed the estimated fund balance, reserves, 
 34-12  and revenues. 
 
 34-13  (b) The mayor and council by ordinance shall adopt the final 
 34-14  operating budget for the ensuing fiscal year not later than 
 34-15  the May 20 of each year.  If the mayor and council fail to 
 34-16  adopt the budget by this date, the amounts appropriated for 
 34-17  operation for the current fiscal year shall be deemed 
 34-18  adopted for the ensuing fiscal year on a month-to-month 
 34-19  basis, with items prorated accordingly until such time as 
 34-20  the mayor and council adopt a budget for the ensuing fiscal 
 34-21  year.  Adoption of the budget shall take the form of an 
 34-22  appropriations ordinance setting out the estimated revenues 
 34-23  in detail by sources and making appropriations according to 
 34-24  fund and by organizational unit, purpose, or activity as set 
 34-25  out in the budget preparation ordinance adopted pursuant to 
 34-26  Section 6.23. 
 
 34-27  (c) The amount set out in the adopted operating budget for 
 34-28  each organizational unit shall constitute the annual 
 34-29  appropriation for such organizational unit, and no 
 34-30  expenditure shall be made or encumbrance created in excess 
 34-31  of the otherwise unencumbered balance of the appropriations 
 34-32  or allotment thereof to which it is chargeable. 
 
 34-33                         SECTION 6.26. 
 
 
 34-34  Following adoption of the operating budget, the mayor and 
 34-35  council shall levy by ordinance such taxes as are necessary. 
 34-36  The taxes and tax rates set by such ordinance shall be such 
 34-37  that reasonable estimates of revenues from such levy shall 
 34-38  at least be sufficient, together with other anticipated 
 34-39  revenues, fund balances, and applicable reserves, to equal 
 34-40  the total amount appropriated for each of the several funds 
 34-41  set forth in the annual operating budget for defraying the 
 34-42  expenses of the general government of the city. 
 
 
                                 -34- 
 
 
 
 35- 1                         SECTION 6.27. 
 35- 2                   Changes in appropriations. 
 
 35- 3  The mayor and council by ordinance may make changes in the 
 35- 4  appropriations contained in the current operating budget at 
 35- 5  any regular, special, or emergency meeting called for such 
 35- 6  purpose, but any additional appropriations may be made only 
 35- 7  from an existing unexpended surplus. 
 
 35- 8                         SECTION 6.28. 
 35- 9                  Capital improvements budget. 
 
 35-10  (a) On or before the date fixed by the mayor and council but 
 35-11  no later than 30 days prior to the beginning of each fiscal 
 35-12  year, the city manager shall submit to the mayor and council 
 35-13  a proposed capital improvements budget with recommendations 
 35-14  as to the means of financing the improvements proposed for 
 35-15  the ensuing fiscal year.  The mayor and council shall have 
 35-16  power to accept, with or without amendments, or reject the 
 35-17  proposed program and proposed means of financing.  The mayor 
 35-18  and council shall not authorize an expenditure for the 
 35-19  construction of any building, structure, work, or 
 35-20  improvement, unless the appropriations for such project are 
 35-21  included in the capital improvements budget, except to meet 
 35-22  a public emergency as provided in Section 2.24. 
 
 35-23  (b) The mayor and council shall adopt by ordinance the final 
 35-24  capital improvements budget for the ensuing fiscal year not 
 35-25  later than May 20 of each year.  No appropriation provided 
 35-26  for in a prior capital improvements budget shall lapse until 
 35-27  the purpose for which the appropriation was made shall have 
 35-28  been accomplished or abandoned; provided, however, that the 
 35-29  city manager may submit amendments to the capital 
 35-30  improvements budget at any time during the fiscal year, 
 35-31  accompanied by recommendations.  Any such amendments to the 
 35-32  capital improvements budget shall become effective only upon 
 35-33  adoption by ordinance. 
 
 35-34                         SECTION 6.29. 
 35-35                       Independent audit. 
 
 35-36  There shall be an annual independent audit of all city 
 35-37  accounts, funds, and financial transactions by a certified 
 35-38  public accountant selected by the mayor and council.  The 
 35-39  audit shall be conducted according to generally accepted 
 35-40  accounting principles. Any audit of any funds by the state 
 35-41  or federal government may be accepted as satisfying the 
 35-42  requirements of this charter.  Copies of all audit reports 
 35-43  shall be available to the public at printing costs. 
 
 
                                 -35- 
 
 
 
 36- 1                         SECTION 6.30. 
 36- 2                    Contracting procedures. 
 
 36- 3  No contract with the city shall be binding on the city 
 36- 4  unless it is: 
 
 36- 5      (1) In writing; 
 
 36- 6      (2) Drawn by or submitted and reviewed by the city 
 36- 7      attorney and, as a matter of course, is signed by the 
 36- 8      city attorney to indicate such drafting or review; and 
 
 36- 9      (3) Made or authorized by the mayor and council, and 
 36-10      such approval is entered in the  journal of the mayor 
 36-11      and council of proceedings pursuant to Section 2.21. 
 
 36-12                         SECTION 6.31. 
 36-13                    Centralized purchasing. 
 
 36-14  The mayor and council shall by ordinance prescribe 
 36-15  procedures for a system of centralized purchasing for the 
 36-16  city. 
 
 36-17                         SECTION 6.32. 
 36-18                     Sale of city property. 
 
 36-19  (a) The mayor and council may sell and convey any real or 
 36-20  personal property owned or held by the city for governmental 
 36-21  or other purposes as now or hereafter provided by law. 
 
 36-22  (b) The mayor and council may quitclaim any rights it may 
 36-23  have in property not needed for public purposes upon report 
 36-24  by the city manager and adoption of a resolution, both 
 36-25  finding that the property is not needed for public or other 
 36-26  purposes and that the interest of the city has no readily 
 36-27  ascertainable monetary value. 
 
 36-28  (c) Whenever in opening, extending, or widening any street, 
 36-29  avenue, alley, or public place of the city, a small parcel 
 36-30  or tract of land is cut off or separated by such work from a 
 36-31  larger tract or boundary of land owned by the city, the 
 36-32  mayor and council may authorize the city manager to execute 
 36-33  and deliver in the name of the city a deed conveying said 
 36-34  cut off or separated parcel or tract of land to an abutting 
 36-35  or adjoining property owner or owners in exchange for 
 36-36  rights-of-way of said street, avenue, alley, or public place 
 36-37  when such swap is deemed to be in the best interest of the 
 36-38  city.  All deeds and conveyances heretofore and hereafter so 
 36-39  executed and delivered shall convey all title and interest 
 36-40  the city has in such property, notwithstanding the fact that 
 36-41  no public sale after advertisement was or is hereafter made. 
 
 
                                 -36- 
 
 
 
 
 37- 1                       GENERAL PROVISIONS 
 
 37- 2                         SECTION 7.10. 
 37- 3                      Bonds for officials. 
 
 37- 4  The officers and employees of this city, both elective and 
 37- 5  appointive, shall execute such surety or fidelity bonds in 
 37- 6  such amounts and upon such terms and conditions as the mayor 
 37- 7  and council shall from time to time require by ordinance or 
 37- 8  as may be provided by law. 
 
 37- 9                         SECTION 7.11. 
 37-10                       Prior ordinances. 
 
 37-11  All ordinances, resolutions, rules, and regulations now in 
 37-12  force in the city not inconsistent with this charter are 
 37-13  hereby declared valid and of full effect and force until 
 37-14  amended or repealed by the mayor and council. 
 
 37-15                         SECTION 7.12. 
 37-16                Existing personnel and officers. 
 
 37-17  Except as specifically provided otherwise by this charter, 
 37-18  all personnel and officers of the city and their rights, 
 37-19  privileges, and powers shall continue as is beyond the time 
 37-20  this charter takes effect, unless the existing city council 
 37-21  shall pass a transition ordinance detailing the changes in 
 37-22  personnel and appointive officers required or desired and 
 37-23  arrange such titles, rights, privileges, and powers as may 
 37-24  be required or desired to allow a reasonable transition. 
 
 37-25                         SECTION 7.13. 
 37-26                        Pending matters. 
 
 37-27  Except as specifically provided otherwise by this charter, 
 37-28  all rights, claims, actions, orders, contracts, and legal or 
 37-29  administrative proceedings shall continue, and any such 
 37-30  ongoing work or cases shall be completed by such city 
 37-31  agencies, personnel, or offices as may be provided by the 
 37-32  mayor and council. 
 
 37-33                         SECTION 7.14. 
 37-34                         Construction. 
 
 37-35  (a) Section captions in this charter are informative only 
 37-36  and are not to be considered as a part of the charter. 
 
 37-37  (b) The word "shall" is mandatory and the word "may" is 
 37-38  permissive. 
 
 
 
 
                                 -37- 
 
 
 
 38- 1  (c) The singular shall include the plural, the masculine 
 38- 2  shall include the feminine, and vice versa. 
 
 38- 3                         SECTION 7.15. 
 38- 4                         Severability. 
 
 38- 5  If any article, section, subsection, paragraph, sentence, or 
 38- 6  part thereof of this charter shall be held to be invalid or 
 38- 7  unconstitutional, such invalidity or unconstitutionality 
 38- 8  shall not affect or impair other parts of this charter 
 38- 9  unless it clearly appears that such other parts are wholly 
 38-10  and necessarily dependent upon the part held to be invalid 
 38-11  or unconstitutional, it being the legislative intent in 
 38-12  enacting this charter that each article, section, 
 38-13  subsection, paragraph, sentence, or part thereof be enacted 
 38-14  separately and independent of each other. 
 
 38-15                         SECTION 7.16. 
 38-16                        Effective date. 
 
 38-17  This charter shall become effective on January 1, 1998. 
 
 38-18                         SECTION 7.17. 
 
 
 38-19  An Act incorporating the City of Donalsonville in the County 
 38-20  of Seminole, approved April 10, 1971 (Ga. L. 1971, p. 3844), 
 38-21  is hereby repealed in its entirety and all amendatory acts 
 38-22  thereto are likewise repealed in their entirety.  All other 
 38-23  laws and parts of laws in conflict with this charter are 
 38-24  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -38- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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