| HB 1699 - Remerton, City of; new charter |
First Reader Summary
A BILL to provide a new charter for the City of Remerton; and for
other purposes.
| House |
Action |
Senate |
| 3/8/00 |
Read 1st Time |
3/14/00 |
| 3/9/00 |
Read 2nd Time |
|
| 3/13/00 |
Favorably Reported |
3/16/00 |
| 3/13/00 |
Read 3rd Time |
|
| 3/13/00 |
Passed/Adopted |
3/16/00 |
| 4/5/00 |
Sent to Governor |
|
| 4/19/00 |
Signed by Governor |
|
| 603 |
Act/Veto Number |
|
| 4/19/00 |
Effective Date |
|
HB 1699 LC 11 0051/1
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the City of Remerton; 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, vacancies,
1- 5 compensation, expenses, qualifications, prohibitions,
1- 6 conflicts of interest, and suspension and removal from
1- 7 office relative to members of such governing authority; to
1- 8 provide for inquiries and investigations; to provide for
1- 9 oaths, organization, meetings, quorum, voting, rules, and
1-10 procedures; to provide for ordinances and codes; to provide
1-11 for a mayor and mayor pro tempore and certain duties,
1-12 powers, and other matters relative thereto; to provide for
1-13 administrative affairs and responsibilities; to provide for
1-14 boards, commissions, and authorities; to provide for a city
1-15 attorney, a city clerk, and other personnel and matters
1-16 relating thereto; to provide for rules and regulations; to
1-17 provide for a municipal court and the judge or judges
1-18 thereof and other matters relative to those judges; to
1-19 provide for the court's jurisdiction, powers, practices, and
1-20 procedures; to provide for the right of certiorari; to
1-21 provide for elections; to provide for taxation, licenses,
1-22 and fees; to provide for franchises, service charges, and
1-23 assessments; to provide for bonded and other indebtedness;
1-24 to provide for auditing, accounting, budgeting, and
1-25 appropriations; to provide for city contracts and
1-26 purchasing; to provide for the conveyance of property and
1-27 interests therein; to provide for bonds for officials; to
1-28 provide for prior ordinances, rules and regulations, pending
1-29 matters, and existing personnel; to provide for penalties;
1-30 to provide for definitions and construction; to provide for
1-31 other matters relative to the foregoing; to repeal a
1-32 specific Act; to provide an effective date; to repeal
1-33 conflicting laws; and for other purposes.
1-34 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
-1-
2- 1 INCORPORATION AND POWERS
2- 2 SECTION 1.10.
2- 3 This city and the inhabitants thereof are constituted and
2- 4 declared a body politic and corporate under the name and
2- 5 style City of Remerton, Georgia, and by that name shall have
2- 6 perpetual succession.
2- 7 SECTION 1.11.
2- 8 Corporate boundaries.
2- 9 (a) The boundaries of this city shall be those established
2-10 by the Act incorporating the Town of Remerton, Georgia,
2-11 approved February 19, 1951 (Ga. L. 1951, p. 2647), with such
2-12 alterations as may be made from time to time, after this
2-13 charter becomes effective, in the manner provided by law.
2-14 The boundaries of this city at all times shall be shown on a
2-15 map, a written description, or any combination thereof to be
2-16 retained permanently in the office of the city clerk and to
2-17 be designated, as the case may be: "Official Map or
2-18 Description of the corporate limits of the City of Remerton,
2-19 Georgia." Photographic, typed, or other copies of such map
2-20 or description certified by the city clerk shall be admitted
2-21 as evidence in all courts and shall have the same force and
2-22 effect as with the original map or description.
2-23 (b) The city council may provide for the redrawing of any
2-24 such map by ordinance to reflect lawful changes in the
2-25 corporate boundaries. A redrawn map shall supersede for all
2-26 purposes the entire map or maps which it is designated to
2-27 replace.
2-28 SECTION 1.12.
2-29 Powers and construction.
2-30 (a) This city shall have all powers possible for a city to
2-31 have under the present or future Constitution and laws of
2-32 this state as fully and completely as though they were
2-33 specifically enumerated in this charter. This city shall
2-34 have all the powers of self-government not otherwise
2-35 prohibited by this charter or by general law.
2-36 (b) The powers of this city shall be construed liberally in
2-37 favor of the city. The specific mention or failure to
2-38 mention particular powers shall not be construed as limiting
-2-
3- 1 in any way the powers of this city. These powers shall
3- 2 include, but not be limited to, the following:
3- 3 (1) Animal regulations. To regulate and license or to
3- 4 prohibit the keeping or running at large of animals and
3- 5 fowl and to provide for the impoundment of same if in
3- 6 violation of any ordinance or lawful order; to provide
3- 7 for the disposition by sale, gift, or humane destruction
3- 8 of animals and fowl when not redeemed as provided by
3- 9 ordinance; and to provide punishment for violation of
3-10 ordinances enacted under this charter;
3-11 (2) Appropriations and expenditures. To make
3-12 appropriations for the support of the government of the
3-13 city; to authorize the expenditure of money for any
3-14 purposes authorized by this charter and for any purpose
3-15 for which a municipality is authorized by the laws of
3-16 the State of Georgia; and to provide for the payment of
3-17 expenses of the city;
3-18 (3) Building regulation. To regulate and to license the
3-19 erection and construction of buildings and all other
3-20 structures; to adopt building, housing, plumbing,
3-21 electrical, gas, and heating and air-conditioning codes;
3-22 and to regulate all housing and building trades;
3-23 (4) Business regulation and taxation. To levy and to
3-24 provide for collection of regulatory fees and taxes on
3-25 privileges, occupations, trades, and professions as
3-26 authorized by Title 48 of the O.C.G.A. or such other
3-27 applicable laws as are or may hereafter be enacted; to
3-28 permit and regulate the same; to provide for the manner
3-29 and method of payment of such regulatory fees and taxes;
3-30 and to revoke such permits after due process for failure
3-31 to pay any city taxes or fees;
3-32 (5) Condemnation. To condemn property, inside or outside
3-33 the corporate limits of the city, for present or future
3-34 use and for any corporate purpose deemed necessary by
3-35 the governing authority, utilizing procedures enumerated
3-36 in Title 22 of the O.C.G.A. or such other applicable
3-37 laws as are now or may hereafter be enacted;
3-38 (6) Contracts. To enter into contracts and agreements
3-39 with other governmental entities and with private
3-40 persons, firms, and corporations;
3-41 (7) Emergencies. To establish procedures for determining
3-42 and proclaiming that an emergency situation exists
-3-
4- 1 within or outside the city and to make and carry out all
4- 2 reasonable provisions deemed necessary to deal with or
4- 3 meet such an emergency for the protection, safety,
4- 4 health, or well-being of the citizens of the city;
4- 5 (8) Environmental protection. To protect and preserve
4- 6 the natural resources, environment, and vital areas of
4- 7 the state through the preservation and improvement of
4- 8 air quality, the restoration and maintenance of water
4- 9 resources, the control of erosion and sedimentation, the
4-10 management of solid and hazardous waste, and other
4-11 necessary actions for the protection of the environment;
4-12 (9) Fire regulations. To fix and establish fire limits
4-13 and from time to time to extend, enlarge, or restrict
4-14 the same; to prescribe fire safety regulations not
4-15 inconsistent with general law, relating to both fire
4-16 prevention and detection and to fire fighting; and to
4-17 prescribe penalties and punishment for violations
4-18 thereof;
4-19 (10) Garbage fees. To levy, fix, assess, and collect a
4-20 garbage, refuse, and trash collection and disposal and
4-21 other sanitary service charge, tax, or fee for such
4-22 services as may be necessary in the operation of the
4-23 city from all individuals, firms, and corporations
4-24 residing in or doing business in the city benefiting
4-25 from such services; to enforce the payment of such
4-26 charges, taxes, or fees; and to provide for the manner
4-27 and method of collecting such service charges;
4-28 (11) General health, safety, and welfare. To define,
4-29 regulate, and prohibit any act, practice, conduct, or
4-30 use of property which is detrimental to health,
4-31 sanitation, cleanliness, welfare, and safety of the
4-32 inhabitants of the city and to provide for the
4-33 enforcement of such standards;
4-34 (12) Gifts. To accept or refuse gifts, donations,
4-35 bequests, or grants from any source for any purpose
4-36 related to powers and duties of the city and the general
4-37 welfare of its citizens, on such terms and conditions as
4-38 the donor or grantor may impose;
4-39 (13) Health and sanitation. To prescribe standards of
4-40 health and sanitation and to provide for the enforcement
4-41 of such standards;
-4-
5- 1 (14) Jail sentences. To provide that persons given jail
5- 2 sentences in the municipal court may work out such
5- 3 sentences in any public works or on the streets, roads,
5- 4 drains, and other public property in the city; to
5- 5 provide for commitment of such persons to any jail; or
5- 6 to provide for commitment of such persons to any county
5- 7 work camp or county jail by agreement with the
5- 8 appropriate county officials;
5- 9 (15) Motor vehicles. To regulate the operation of motor
5-10 vehicles and exercise control over all traffic,
5-11 including parking upon or across the streets, roads,
5-12 alleys, and walkways of the city;
5-13 (16) Municipal agencies and delegation of power. To
5-14 create, alter, or abolish departments, boards, offices,
5-15 commissions, and agencies of the city and to confer upon
5-16 such agencies the necessary and appropriate authority
5-17 for carrying out all the powers conferred upon or
5-18 delegated to the same;
5-19 (17) Municipal debts. To appropriate and borrow money
5-20 for the payment of debts of the city and to issue bonds
5-21 for the purpose of raising revenue to carry out any
5-22 project, program, or venture authorized by this charter
5-23 or the laws of the State of Georgia;
5-24 (18) Municipal property ownership. To acquire, dispose
5-25 of, lease, and hold in trust or otherwise any real,
5-26 personal, or mixed property, in fee simple or lesser
5-27 interest, inside or outside the property limits of the
5-28 city;
5-29 (19) Municipal property protection. To provide for the
5-30 preservation and protection of property and equipment of
5-31 the city and the administration and use of same by the
5-32 public; and to prescribe penalties and punishment for
5-33 violations thereof;
5-34 (20) Municipal utilities. To acquire, lease, construct,
5-35 operate, maintain, sell, and dispose of public
5-36 utilities, including but not limited to a system of
5-37 waterworks, sewers and drains, sewage disposal, gas
5-38 works, electric light plants, cable television and other
5-39 telecommunications, transportation facilities, public
5-40 airports, and any other public utility; and to fix the
5-41 taxes, charges, rates, fares, fees, assessments,
5-42 regulations, and penalties and to provide for the
-5-
6- 1 withdrawal of service for refusal or failure to pay the
6- 2 same;
6- 3 (21) Nuisance. To define a nuisance and provide for its
6- 4 abatement whether on public or private property;
6- 5 (22) Penalties. To provide penalties for violation of
6- 6 any ordinances adopted pursuant to the authority of this
6- 7 charter and the laws of the State of Georgia;
6- 8 (23) Planning and zoning. To provide comprehensive city
6- 9 planning for development by zoning; and to provide
6-10 subdivision regulation and the like as the city council
6-11 deems necessary and reasonable to ensure a safe,
6-12 healthy, and esthetically pleasing community;
6-13 (24) Police and fire protection. To exercise the power
6-14 of arrest through duly appointed police officers and to
6-15 establish, operate, or contract for a police and a
6-16 fire-fighting agency;
6-17 (25) Public hazards; removal. To provide for the
6-18 destruction and removal of any building or other
6-19 structure which is or may become dangerous or
6-20 detrimental to the public;
6-21 (26) Public improvements. To provide for the
6-22 acquisition, construction, building, operation, and
6-23 maintenance of public ways, parks and playgrounds,
6-24 public grounds, recreational facilities, cemeteries,
6-25 markets and market houses, public buildings, libraries,
6-26 sewers, drains, sewage treatment, waterworks, electrical
6-27 systems, gas systems, other public utilities, public
6-28 housing, airports, hospitals, terminals, docks, parking
6-29 facilities, and charitable, cultural, educational,
6-30 recreational, conservation, sport, curative, corrective,
6-31 detention, penal, and medical institutions, agencies,
6-32 and facilities; and to provide any other public
6-33 improvements, inside or outside the corporate limits of
6-34 the city; to regulate the use of public improvements;
6-35 and, for such purposes, property may be acquired by
6-36 condemnation under Title 22 of the O.C.G.A. or such
6-37 other applicable laws as are now or may hereafter be
6-38 enacted;
6-39 (27) Public peace. To provide for the prevention and
6-40 punishment of drunkenness, riots, and public
6-41 disturbances;
-6-
7- 1 (28) Public transportation. To organize and operate or
7- 2 contract for such public transportation systems as are
7- 3 deemed beneficial;
7- 4 (29) Public utilities and services. To grant franchises
7- 5 or make contracts for or impose taxes on public
7- 6 utilities and public service companies and to prescribe
7- 7 the rates, fares, regulations, and standards and
7- 8 conditions of service applicable to the service to be
7- 9 provided by the franchise grantee or contractor, insofar
7-10 as not in conflict with valid regulations of the Georgia
7-11 Public Service Commission;
7-12 (30) Regulation of roadside areas. To prohibit or
7-13 regulate and control the erection, removal, and
7-14 maintenance of signs, billboards, trees, shrubs, fences,
7-15 buildings, and any and all other structures or
7-16 obstructions upon or adjacent to the rights of way of
7-17 streets and roads or within view thereof, within or
7-18 abutting the corporate limits of the city; and to
7-19 prescribe penalties and punishment for violation of such
7-20 ordinances;
7-21 (31) Retirement. To provide and maintain a retirement
7-22 plan for officers and employees of the city;
7-23 (32) Roadways. To lay out, open, extend, widen, narrow,
7-24 establish or change the grade of, abandon or close,
7-25 construct, pave, curb, gutter, adorn with shade trees,
7-26 or otherwise improve, maintain, repair, clean, prevent
7-27 erosion of, and light the roads, alleys, and walkways
7-28 within the corporate limits of the city; and to grant
7-29 franchises and rights of way throughout the streets and
7-30 roads and over the bridges and viaducts for the use of
7-31 public utilities; and to require real estate owners to
7-32 repair and maintain in a safe condition the sidewalks
7-33 adjoining their lots or lands and to impose penalties
7-34 for failure to do so;
7-35 (33) Sewer fees. To levy a fee, charge, or sewer tax as
7-36 necessary to assure the acquiring, constructing,
7-37 equipping, operating, maintaining, and extending of a
7-38 sewage disposal plant and sewerage system and to levy on
7-39 those to whom sewers and sewerage systems are made
7-40 available a sewer service fee, charge, or sewer tax for
7-41 the availability or use of the sewers; to provide for
7-42 the manner and method of collecting such service charges
7-43 and for enforcing payment of the same; and to charge,
-7-
8- 1 impose, and collect a sewer connection fee or fees to
8- 2 those connected with the system;
8- 3 (34) Solid waste disposal. To provide for the collection
8- 4 and disposal of garbage, rubbish, and refuse and to
8- 5 regulate the collection and disposal of garbage,
8- 6 rubbish, and refuse by others; and to provide for the
8- 7 separate collection of glass, tin, aluminum, cardboard,
8- 8 paper, and other recyclable materials and to provide for
8- 9 the sale of such items;
8-10 (35) Special areas of public regulation. To regulate or
8-11 prohibit junk dealers, pawn shops, the manufacture,
8-12 sale, or transportation of any alcoholic beverages, and
8-13 the use of firearms; to regulate the transportation,
8-14 storage, and use of combustible, explosive, and
8-15 inflammable materials, the use of lighting and heating
8-16 equipment, and any other business or situation which may
8-17 be dangerous to persons or property; to regulate and
8-18 control the conduct of peddlers and itinerant traders,
8-19 theatrical performances, exhibitions, and shows of any
8-20 kind, by taxation or otherwise; and to license, tax,
8-21 regulate, or prohibit professional fortune telling,
8-22 palmistry, adult bookstores, and massage parlors;
8-23 (36) Special assessments. To levy and provide for the
8-24 collection of special assessments to cover the costs for
8-25 any public improvements;
8-26 (37) Taxes: ad valorem. To levy and provide for the
8-27 assessment, valuation, revaluation, and collection of
8-28 taxes on all property subject to taxation;
8-29 (38) Taxes: other. To levy and collect such other taxes
8-30 as may be allowed now or in the future by law;
8-31 (39) Taxicabs. To regulate and license vehicles operated
8-32 for hire in the city; to limit the number of such
8-33 vehicles; to require the operators thereof to be
8-34 licensed; to require public liability insurance on such
8-35 vehicles in the amounts to be prescribed by ordinance;
8-36 and to regulate the parking of such vehicles;
8-37 (40) Urban redevelopment. To organize and operate an
8-38 urban redevelopment program; and
8-39 (41) Other powers. To exercise and enjoy all other
8-40 powers, functions, rights, privileges, and immunities
8-41 necessary or desirable to promote or protect the safety,
8-42 health, peace, security, good order, comfort,
-8-
9- 1 convenience, or general welfare of the city and its
9- 2 inhabitants; and to exercise all implied powers
9- 3 necessary or desirable to carry into execution all
9- 4 powers granted in this charter as fully and completely
9- 5 as if such powers were fully stated in this charter; and
9- 6 to exercise all powers now or in the future authorized
9- 7 to be exercised by other municipal governments under
9- 8 other laws of the State of Georgia; and no listing of
9- 9 particular powers in this charter shall be held to be
9-10 exclusive of others, nor restrictive of general words
9-11 and phrases granting powers, but shall be held to be in
9-12 addition to such powers unless expressly prohibited to
9-13 municipalities under the Constitution or applicable laws
9-14 of the State of Georgia.
9-15 SECTION 1.13.
9-16 Exercise of powers.
9-17 All powers, functions, rights, privileges, and immunities of
9-18 the city, its officers, agencies, or employees shall be
9-19 carried into execution as provided by this charter. If this
9-20 charter makes no provision, such shall be carried into
9-21 execution as provided by ordinance or as provided by
9-22 pertinent laws of the State of Georgia.
9-23 GOVERNMENT STRUCTURE
9-24 SECTION 2.10.
9-25 City council; creation; number; election.
9-26 The legislative authority of the government of this city,
9-27 except as otherwise specifically provided in this charter,
9-28 shall be vested in a city council to be composed of a mayor
9-29 and five councilmembers. The city council established in
9-30 this charter shall in all respects be a successor to and
9-31 continuation of the city governing authority under prior
9-32 law. The mayor and councilmembers shall be elected in the
9-33 manner provided by this charter.
9-34 SECTION 2.11.
9-35 City councilmembers;
9-36 terms and qualifications for office.
9-37 The members of the city council shall serve for terms of
9-38 four years and until their respective successors are elected
9-39 and qualified. The term of office of each member of the
9-40 city council shall begin on the first day of January
9-41 immediately following the election of such member unless
-9-
10- 1 general law authorizes or requires the term to begin at the
10- 2 first organizational meeting in January or upon some other
10- 3 date. No person shall be eligible to serve as mayor or
10- 4 councilmember unless that person shall have been a resident
10- 5 of the city for 12 months prior to the date of the election
10- 6 of mayor or members of the city council. Each shall
10- 7 continue to reside therein during that person's period of
10- 8 service and to be registered and qualified to vote in
10- 9 municipal elections of this city. For purposes of the
10-10 municipal general election in 2003, and each succeeding
10-11 municipal election, the five councilmembers shall, without
10-12 being required to reside in any particular area in the city,
10-13 serve from council posts designated as Post 1, Post 2, Post
10-14 3, Post 4, and Post 5. Each council post shall encompass
10-15 the entire territorial area of the city and councilmembers
10-16 for each post shall be elected at large to such post by the
10-17 qualified voters voting in the entire city. At the time of
10-18 qualifying for councilmember, each candidate for such
10-19 position shall designate the numbered post for which the
10-20 candidate is qualifying.
10-21 SECTION 2.12.
10-22 Vacancy; filling of vacancies; suspensions.
10-23 (a) Vacancies--The office of mayor or councilmember shall
10-24 become vacant upon such person's failing or ceasing to
10-25 reside in the city or upon the occurrence of any event
10-26 specified by the Constitution, Title 45 of the O.C.G.A., or
10-27 such other applicable laws as are or may hereafter be
10-28 enacted.
10-29 (b) Filling of vacancies--A vacancy in the office of mayor
10-30 or councilmember shall be filled for the remainder of the
10-31 unexpired term, if any, by appointment if less than 12
10-32 months remain in the unexpired term, otherwise by an
10-33 election as provided for in Section 5.14 of this charter and
10-34 Titles 21 and 45 of the O.C.G.A. or such other laws as are
10-35 or may hereafter be enacted.
10-36 (c) Suspension--Upon the suspension from office of mayor or
10-37 councilmember in any manner authorized by the general laws
10-38 of the State of Georgia, the city council or those remaining
10-39 shall appoint a successor for the duration of the
10-40 suspension. If the suspension becomes permanent, then the
10-41 office shall become vacant and shall be filled for the
10-42 remainder of the unexpired term, if any, as provided for in
10-43 this charter.
-10-
11- 1 SECTION 2.13.
11- 2 Compensation and expenses.
11- 3 The mayor and councilmembers shall receive compensation and
11- 4 expenses for their services as provided by ordinance.
11- 5 SECTION 2.14.
11- 6 Conflicts of interest; holding other offices.
11- 7 (a) Elected and appointed officers of the city are trustees
11- 8 and servants of the residents of the city and shall act in a
11- 9 fiduciary capacity for the benefit of such residents.
11-10 (b) Conflict of interest--No elected official, appointed
11-11 officer, or employee of the city or any agency or political
11-12 entity to which this charter applies shall knowingly:
11-13 (1) Engage in any business or transaction or have a
11-14 financial or other personal interest, direct or
11-15 indirect, which is incompatible with the proper
11-16 discharge of that person's official duties or which
11-17 would tend to impair the independence of that person's
11-18 judgment or action in the performance of that person's
11-19 official duties;
11-20 (2) Engage in or accept private employment or render
11-21 services for private interests when such employment or
11-22 service is incompatible with the proper discharge of
11-23 that person's official duties or would tend to impair
11-24 the independence of that person's judgment or action in
11-25 the performance of that person's official duties;
11-26 (3) Disclose confidential information, including
11-27 information obtained at meetings which are closed
11-28 pursuant to Chapter 14 of Title 50 of the O.C.G.A.,
11-29 concerning the property, government, or affairs of the
11-30 governmental body by which that person is engaged
11-31 without proper legal authorization or use such
11-32 information to advance the financial or other private
11-33 interest of that person or others;
11-34 (4) Accept any valuable gift, whether in the form of
11-35 service, loan, thing, or promise, from any person, firm,
11-36 or corporation which to that person's knowledge is
11-37 interested, directly or indirectly, in any manner
11-38 whatsoever, in business dealings with the governmental
11-39 body by which that person is engaged; provided, however,
11-40 that an elected official who is a candidate for public
11-41 office may accept campaign contributions and services in
11-42 connection with any such campaign;
-11-
12- 1 (5) Represent other private interests in any action or
12- 2 proceeding against this city or any portion of its
12- 3 government; or
12- 4 (6) Vote or otherwise participate in the negotiation or
12- 5 in the making of any contract with any business or
12- 6 entity in which that person has a financial interest.
12- 7 (c) Disclosure--Any elected official, appointed officer, or
12- 8 employee who shall have any financial interest, directly or
12- 9 indirectly, in any contract or matter pending before or
12-10 within any department of the city shall disclose such
12-11 interest to the city council. The mayor or any
12-12 councilmember who has a financial interest in any matter
12-13 pending before the city council shall disclose such interest
12-14 and such disclosure shall be entered on the records of the
12-15 city council, and that person shall disqualify himself or
12-16 herself from participating in any decision or vote relating
12-17 thereto. Any elected official, appointed officer, or
12-18 employee of any agency or political entity to which this
12-19 charter applies who shall have any financial interest,
12-20 directly or indirectly, in any contract or matter pending
12-21 before or within such entity shall disclose such interest to
12-22 the governing body of such agency or entity.
12-23 (d) Use of public property--No elected official, appointed
12-24 officer, or employee of the city or any agency or entity to
12-25 which this charter applies shall use property owned by such
12-26 governmental entity for personal benefit, convenience, or
12-27 profit except in accordance with policies promulgated by the
12-28 city council or the governing body of such agency or entity.
12-29 (e) Contracts voidable and rescindable--Any violation of
12-30 this section which occurs with the knowledge, express or
12-31 implied, of a party to a contract or sale shall render such
12-32 contract or sale voidable at the option of the city council.
12-33 (f) Ineligibility of elected official--Except where
12-34 authorized by law, neither the mayor nor any councilmember
12-35 shall hold any other elective or compensated appointive
12-36 office in the city or otherwise be employed by said
12-37 government or any agency thereof during the term for which
12-38 that person was elected. No former councilmember and no
12-39 former mayor shall hold any compensated appointive office in
12-40 the city until one year after the expiration of the term for
12-41 which that person was elected.
12-42 (g) Political activities of certain officers and
12-43 employees--No appointed officer and no employee of the city
-12-
13- 1 shall continue in such employment upon qualifying as a
13- 2 candidate for nomination or election to any City of Remerton
13- 3 public office. No employee of the city shall continue in
13- 4 such employment upon election to any public office in this
13- 5 city or any other public office which is inconsistent,
13- 6 incompatible, or in conflict with the duties of the city
13- 7 employee. Such determination shall be made by the mayor and
13- 8 city council either immediately upon election or at any time
13- 9 such conflict may arise.
13-10 (h) Penalties for violation--
13-11 (1) Any city officer or employee who knowingly conceals
13-12 such financial interest or knowingly violates any of the
13-13 requirements of this section shall be guilty of
13-14 malfeasance in office or position and shall be deemed to
13-15 have forfeited that person's office or position.
13-16 (2) Any officer or employee of the city who shall
13-17 forfeit that person's office or position as described in
13-18 paragraph (1) of this subsection shall be ineligible for
13-19 appointment or election to or employment in a position
13-20 in the city government for a period of three years
13-21 thereafter.
13-22 SECTION 2.15.
13-23 Inquiries and investigations.
13-24 Following the adoption of an authorizing resolution, the
13-25 city council may make inquiries and investigations into the
13-26 affairs of the city and conduct of any department, office,
13-27 or agency thereof and for this purpose may subpoena
13-28 witnesses, administer oaths, take testimony, and require the
13-29 production of evidence. Any person who fails or refuses to
13-30 obey a lawful order issued in the exercise of these powers
13-31 by the city council shall be punished as may be provided by
13-32 ordinance.
13-33 SECTION 2.16.
13-34 General power and authority of the city council.
13-35 Except as otherwise provided by law or this charter, the
13-36 city council shall be vested with all the powers of
13-37 government of this city.
13-38 SECTION 2.17.
13-39 Organizational meetings.
13-40 The city council shall hold an organizational meeting on the
13-41 first Tuesday in January following the election of city
-13-
14- 1 officials. The meeting shall be called to order by the city
14- 2 attorney and the oath of office shall be administered by the
14- 3 city attorney to the newly elected members as follows:
14- 4 "I do solemnly (swear) (affirm) that I will faithfully
14- 5 perform the duties of (mayor) (councilmember) of this city
14- 6 and that I will support and defend the charter thereof as
14- 7 well as the Constitution and laws of the State of Georgia
14- 8 and the United States of America."
14- 9 SECTION 2.18.
14-10 (a) The city council shall hold regular meetings at such
14-11 times and places as shall be prescribed by ordinance.
14-12 (b) Special meetings of the city council may be held on call
14-13 of the mayor or three members of the city council. Notice
14-14 of such special meeting shall be served on all other members
14-15 personally, or by telephone personally, at least 24 hours in
14-16 advance of the meeting. Such notice to councilmembers shall
14-17 not be required if the mayor and all councilmembers are
14-18 present when the special meeting is called. Such notice of
14-19 any special meeting may be waived by a councilmember in
14-20 writing before or after such a meeting and attendance at the
14-21 meeting shall also constitute a waiver of notice on any
14-22 business transacted in such councilmember's presence. Only
14-23 the business stated in the call may be transacted at the
14-24 special meeting.
14-25 (c) All meetings of the city council shall be public to the
14-26 extent required by law, and notice to the public of special
14-27 meetings shall be made as fully as is reasonably possible as
14-28 provided by Code Section 50-14-1 of the O.C.G.A. or other
14-29 such applicable laws as are or may hereafter be enacted.
14-30 SECTION 2.19.
14-31 Rules of procedure.
14-32 (a) The city council shall adopt its rules of procedure and
14-33 order of business consistent with the provisions of this
14-34 charter and shall provide for keeping of a journal of its
14-35 proceedings, which shall be a public record.
14-36 (b) All committees and committee chairpersons and officers
14-37 of the city council shall be appointed by the mayor and
14-38 shall serve at the pleasure of the mayor. The mayor shall
14-39 have the power to appoint new members to any committee at
14-40 any time.
-14-
15- 1 SECTION 2.20.
15- 2 Quorum; voting.
15- 3 Three councilmembers shall constitute a quorum and shall be
15- 4 authorized to transact business of the city council. Voting
15- 5 on the adoption of ordinances shall be by voice vote and the
15- 6 vote shall be recorded in the journal, but any councilmember
15- 7 shall have the right to request a roll-call vote and such
15- 8 vote shall be recorded in the journal. Except as otherwise
15- 9 provided in this charter, the affirmative vote of three
15-10 councilmembers shall be required for the adoption of any
15-11 ordinance, resolution, or motion.
15-12 SECTION 2.21.
15-13 Ordinance form; procedures.
15-14 (a) Every proposed ordinance should be introduced in writing
15-15 and in the form required for final adoption. No ordinance
15-16 shall contain a subject which is not expressed in its title.
15-17 The enacting clause shall be "It is hereby ordained by the
15-18 governing authority of the City of Remerton..." and every
15-19 ordinance shall so begin.
15-20 (b) An ordinance may be introduced by any councilmember and
15-21 be read at a regular, special, or work meeting of the city
15-22 council where an agenda applies. Ordinances shall be
15-23 considered and adopted or rejected by the city council in
15-24 accordance with the rules which it shall establish;
15-25 provided, however, an ordinance shall not be adopted the
15-26 same day it is introduced, except for emergency ordinances
15-27 provided for in Section 2.23 of this charter. Upon
15-28 introduction of any ordinance, the clerk shall as soon as
15-29 possible distribute a copy to the mayor and to each
15-30 councilmember and shall file a reasonable number of copies
15-31 in the office of the clerk and at such other public places
15-32 as the city council may designate.
15-33 SECTION 2.22.
15-34 Actions requiring an ordinance.
15-35 Acts of the city council which will have the force and
15-36 effect of law shall be enacted by ordinance.
15-37 SECTION 2.23.
15-38 (a) To meet a public emergency affecting life, health,
15-39 property, or public peace, the city council may convene on
15-40 call of the mayor or three councilmembers and may promptly
15-41 adopt an emergency ordinance, but such ordinance may not
-15-
16- 1 levy taxes; grant, renew, or extend a franchise; regulate
16- 2 the rate charged by any public utility for its services; or
16- 3 authorize the borrowing of money except for loans to be
16- 4 repaid within 30 days. An emergency ordinance shall be
16- 5 introduced in the form prescribed for ordinances generally,
16- 6 except that it shall be plainly designated as an emergency
16- 7 ordinance and shall contain, after the enacting clause, a
16- 8 declaration stating that an emergency exists and describing
16- 9 the emergency in clear and specific terms. An emergency
16-10 ordinance may be adopted, with or without amendment, or
16-11 rejected at the meeting at which it is introduced, but the
16-12 affirmative vote of at least three councilmembers shall be
16-13 required for adoption. It shall become effective upon
16-14 adoption or at such later time as it may specify. Every
16-15 emergency ordinance shall automatically stand repealed 30
16-16 days following the date upon which it was adopted, but this
16-17 shall not prevent reenactment of the ordinance in the manner
16-18 specified in this section if the emergency still exists. An
16-19 emergency ordinance may also be repealed by adoption of a
16-20 repealing ordinance in the same manner specified in this
16-21 section for adoption of emergency ordinances.
16-22 (b) Such meetings shall be open to the public to the extent
16-23 required by law and notice to the public of emergency
16-24 meetings shall be made as fully as is reasonably possible in
16-25 accordance with Code Section 50-14-1 of the O.C.G.A. or such
16-26 other applicable laws as are or may hereafter be enacted.
16-27 SECTION 2.24.
16-28 Codes of technical regulations.
16-29 (a) The city council may adopt any standard code of
16-30 technical regulations by reference thereto in an adopting
16-31 ordinance. The procedure and requirements governing such
16-32 adopting ordinance shall be as prescribed for ordinances
16-33 generally except that: (1) the requirements of subsection
16-34 (b) of Section 2.21 of this charter for distribution and
16-35 filing of copies of the ordinance shall be construed to
16-36 include copies of any code of technical regulations, as well
16-37 as the adopting ordinance; and (2) a copy of each adopted
16-38 code of technical regulations, as well as the adopting
16-39 ordinance, shall be authenticated and recorded by the clerk
16-40 pursuant to Section 2.25 of this charter.
16-41 (b) Copies of any adopted code of technical regulations
16-42 shall be made available by the clerk for inspection by the
16-43 public.
-16-
17- 1 SECTION 2.25.
17- 2 Signing; authenticating;
17- 3 recording; codification; printing.
17- 4 (a) The clerk shall authenticate by the clerk's signature
17- 5 and record in full in a properly indexed book kept for that
17- 6 purpose all ordinances adopted by the city council.
17- 7 (b) The city council shall provide for the preparation of a
17- 8 general codification of all the ordinances of the city
17- 9 having the force and effect of law. The general
17-10 codification shall be adopted by the city council by
17-11 ordinance and shall be published promptly, together with all
17-12 amendments thereto and such codes of technical regulations
17-13 and other rules and regulations as the city council may
17-14 specify. This compilation shall be known and cited
17-15 officially as "The Code of the City of Remerton, Georgia."
17-16 Copies of the code shall be furnished to all officers,
17-17 departments, and agencies of the city and made available for
17-18 purchase by the public at a reasonable price as fixed by the
17-19 city council.
17-20 (c) The city council shall cause each ordinance and each
17-21 amendment to this charter to be printed promptly following
17-22 its adoption, and the printed ordinances and charter
17-23 amendments shall be made available for purchase by the
17-24 public at reasonable prices to be fixed by the city council.
17-25 Following publication of the first code under this charter
17-26 and at all times thereafter, the ordinances and charter
17-27 amendments shall be printed in substantially the same style
17-28 as the code currently in effect and shall be suitable in
17-29 form for incorporation therein. The city council shall make
17-30 such further arrangements as deemed desirable with
17-31 reproduction and distribution of any current changes in or
17-32 additions to codes of technical regulations and other rules
17-33 and regulations included in the code.
17-34 SECTION 2.26.
17-35 Election of mayor; forfeiture; compensation.
17-36 The mayor shall be elected and serve for a term of four
17-37 years and until the mayor's successor is elected and
17-38 qualified. The mayor shall be a qualified elector of this
17-39 city and shall have been a resident of this city for 12
17-40 months immediately preceding the mayor's election. The
17-41 mayor shall continue to reside in this city during the
17-42 period of the mayor's service. The mayor shall forfeit that
17-43 office on the same grounds and under the same procedure as
-17-
18- 1 for councilmembers. The compensation of the mayor shall be
18- 2 established in the same manner as for councilmembers.
18- 3 SECTION 2.27.
18- 4 Chief executive officer; delegation of powers.
18- 5 The mayor shall be the chief executive of this city. The
18- 6 mayor shall possess all of the executive and administrative
18- 7 power granted to the city under the Constitution and laws of
18- 8 the State of Georgia and all the executive and
18- 9 administrative powers contained in this charter.
18-10 SECTION 2.28.
18-11 Powers and duties of mayor.
18-12 As the chief executive of this city, the mayor shall:
18-13 (1) See that all laws and ordinances of the city are
18-14 faithfully executed;
18-15 (2) Appoint and remove all officers, department heads,
18-16 and employees of the city except as otherwise provided
18-17 in this charter;
18-18 (3) Exercise supervision over all executive and
18-19 administrative work of the city and provide for the
18-20 coordination of administrative activities;
18-21 (4) Prepare and submit to the councilmembers a
18-22 recommended operating budget and capital budget;
18-23 (5) Submit to the councilmembers at least once a year a
18-24 statement covering the financial conditions of the city
18-25 and from time to time such other information as the
18-26 councilmembers may request;
18-27 (6) Recommend to the councilmembers such measures
18-28 relative to the affairs of the city, improvement of the
18-29 government, and promotion of the welfare of its
18-30 inhabitants as the mayor may deem expedient;
18-31 (7) Call special meetings of the councilmembers as
18-32 provided for in subsection (b) of Section 2.18 of this
18-33 charter;
18-34 (8) Approve or disapprove ordinances as provided in
18-35 Section 2.29 of this charter;
18-36 (9) Provide for an annual audit of all accounts of the
18-37 city;
-18-
19- 1 (10) Require any department or agency of the city to
19- 2 submit written reports whenever the mayor deems it
19- 3 expedient; and
19- 4 (11) Perform such other duties as may be required by
19- 5 law, this charter, or ordinance;
19- 6 (12) Participate in the discussion of all matters
19- 7 brought before the councilmembers; and
19- 8 (13) Sign as a matter of course all written contracts,
19- 9 ordinances, and other instruments executed by the city
19-10 which by law are required to be in writing.
19-11 SECTION 2.29.
19-12 Submission of ordinances to the mayor; veto power.
19-13 (a) Every ordinance adopted by the councilmembers shall be
19-14 presented promptly by the city clerk to the mayor after its
19-15 adoption.
19-16 (b) The mayor, within ten calendar days of receipt of an
19-17 ordinance, shall return it to the city clerk with or without
19-18 the mayor's approval or with the mayor's disapproval. If
19-19 the ordinance has been approved by the mayor, it shall
19-20 become law upon its return to the city clerk; if the
19-21 ordinance is neither approved nor disapproved, it shall
19-22 become law at 12:00 Noon on the tenth calendar day after its
19-23 adoption; if the ordinance is disapproved, the mayor shall
19-24 submit to the councilmembers through the city clerk a
19-25 written statement of the reasons for the veto. The city
19-26 clerk shall record upon the ordinance the date of its
19-27 delivery to and receipt from the mayor.
19-28 (c) Ordinances vetoed by the mayor shall be presented by the
19-29 city clerk to the councilmembers at their next meeting. If
19-30 the councilmembers then or at their next meeting adopt the
19-31 ordinance by an affirmative vote of four members, it shall
19-32 become law.
19-33 (d) The mayor may disapprove or reduce any item or items of
19-34 appropriation in any ordinance. The approved part or parts
19-35 of any ordinance making appropriations shall become law, and
19-36 the part or parts disapproved shall not become law unless
19-37 subsequently passed by the councilmembers over the mayor's
19-38 veto as provided in this section. The reduced part or parts
19-39 shall be presented to the councilmembers as though
19-40 disapproved and shall not become law unless overridden by
19-41 the councilmembers as provided in subsection (c) of this
19-42 section.
-19-
20- 1 SECTION 2.30.
20- 2 Mayor pro tempore; selection; duties.
20- 3 By a majority vote, the councilmembers shall elect a
20- 4 councilmember to serve as mayor pro tempore. The mayor pro
20- 5 tempore shall preside at all meetings of the councilmembers
20- 6 and shall assume the duties and powers of the mayor upon the
20- 7 mayor's physical or mental disability or absence. The
20- 8 councilmembers by a majority vote shall elect a new
20- 9 presiding officer from among its members for any period in
20-10 which the mayor pro tempore is disabled, absent, or acting
20-11 as mayor. Any such absence or disability shall be declared
20-12 by majority vote of all councilmembers.
20-13 ADMINISTRATIVE AFFAIRS
20-14 SECTION 3.10.
20-15 Administrative and service departments.
20-16 (a) Except as otherwise provided in this charter, the city
20-17 council by ordinance shall prescribe the functions or duties
20-18 and establish, abolish, alter, consolidate, or leave vacant
20-19 all nonelective offices, positions of employment,
20-20 departments, and agencies of the city as necessary for the
20-21 proper administration of the affairs and government of this
20-22 city.
20-23 (b) Except as otherwise provided by this charter or by law,
20-24 the directors of departments and other appointed officers of
20-25 the city shall be appointed solely on the basis of their
20-26 respective administrative and professional qualifications.
20-27 (c) All appointed officers and directors of departments
20-28 shall receive such compensation as prescribed by ordinance.
20-29 (d) There shall be a director of each department or agency
20-30 who shall be its principal officer. Each director shall,
20-31 subject to the direction and supervision of the mayor, be
20-32 responsible for the administration and direction of the
20-33 affairs and operations of that director's department or
20-34 agency.
20-35 SECTION 3.11.
20-36 Boards, commissions, and authorities.
20-37 (a) The city council shall create by ordinance such boards,
20-38 commissions, and authorities to fulfill any investigative,
20-39 quasi-judicial, or quasi-legislative function the city
20-40 council deems necessary and shall by ordinance establish the
-20-
21- 1 composition, period of existence, duties, and powers
21- 2 thereof.
21- 3 (b) All members of boards, commissions, and authorities of
21- 4 the city shall be appointed by the mayor for such terms of
21- 5 office and in such manner as shall be provided by ordinance,
21- 6 except where other appointing authority, terms of office, or
21- 7 manner of appointment is prescribed by this charter or by
21- 8 law.
21- 9 (c) The city council by ordinance may provide for the
21-10 compensation and reimbursement for actual and necessary
21-11 expenses of the members of any board, commission, or
21-12 authority.
21-13 (d) Except as otherwise provided by charter or by law, no
21-14 member of any board, commission, or authority shall hold any
21-15 elective office in the city.
21-16 (e) Any vacancy on a board, commission, or authority of the
21-17 city shall be filled for the unexpired term in the manner
21-18 prescribed in this charter for original appointment, except
21-19 as otherwise provided by this charter or by law.
21-20 (f) No member of a board, commission, or authority shall
21-21 assume office until that person has executed and filed with
21-22 the clerk of the city an oath obligating that person to
21-23 perform faithfully and impartially the duties of that
21-24 person's office; such oath shall be prescribed by ordinance
21-25 and administered by the mayor.
21-26 (g) All members of boards, commissions, or authorities of
21-27 the city serve at will and may be removed at any time by the
21-28 mayor unless otherwise provided by law.
21-29 (h) Except as otherwise provided by this charter or by law,
21-30 each board, commission, or authority of the city shall elect
21-31 one of its members as chairperson and one member as vice
21-32 chairperson and may elect as its secretary one of its own
21-33 members or may appoint as secretary an employee of the city.
21-34 Each board, commission, or authority of the city government
21-35 may establish such bylaws, rules, and regulations, not
21-36 inconsistent with this charter, ordinances of the city, or
21-37 law, as it deems appropriate and necessary for the
21-38 fulfillment of its duties or the conduct of its affairs.
21-39 Copies of such bylaws, rules, and regulations shall be filed
21-40 with the clerk of the city.
-21-
22- 1 SECTION 3.12.
22- 2 City attorney.
22- 3 The mayor shall appoint a city attorney, together with such
22- 4 assistant city attorneys as may be authorized, and shall
22- 5 provide for the payment of such attorney or attorneys for
22- 6 services rendered to the city. The city attorney shall be
22- 7 responsible for providing for the representation and defense
22- 8 of the city in all litigation in which the city is a party;
22- 9 may be the judge of the municipal court or may be the
22-10 prosecuting officer in the municipal court, but may not be
22-11 both; shall attend the meetings of the city council as
22-12 directed; shall advise the councilmembers, mayor, and other
22-13 officers and employees of the city concerning legal aspects
22-14 of the city's affairs; and shall perform such other duties
22-15 as may be required by virtue of such person's position as
22-16 city attorney.
22-17 SECTION 3.13.
22-18 The mayor shall appoint a city clerk who shall not be a
22-19 councilmember. The city clerk shall be custodian of the
22-20 official city seal and city records; maintain city council
22-21 records required by this charter; and perform such other
22-22 duties as may be required by the city council.
22-23 SECTION 3.14.
22-24 Position classification and pay plans.
22-25 The mayor shall be responsible for the preparation of a
22-26 position classification and pay plan which shall be
22-27 submitted to the city council for approval. Such plan may
22-28 apply to all employees of the city and any of its agencies,
22-29 departments, boards, commissions, or authorities. When a
22-30 pay plan has been adopted, the city council shall not
22-31 increase or decrease the salary range applicable to any
22-32 position except by amendment of such pay plan. For purposes
22-33 of this section, all elected and appointed city officials
22-34 are not city employees.
22-35 SECTION 3.15.
22-36 Personnel policies.
22-37 All employees serve at will and may be removed from office
22-38 at any time unless otherwise provided by ordinance.
-22-
23- 1 JUDICIAL BRANCH
23- 2 SECTION 4.10.
23- 3 Creation; name.
23- 4 There shall be a court to be known as the Municipal Court of
23- 5 the City of Remerton.
23- 6 SECTION 4.11.
23- 7 Chief judge; associate judge.
23- 8 (a) The municipal court shall be presided over by a chief
23- 9 judge and such part-time, full-time, or stand-by judges as
23-10 shall be provided by ordinance.
23-11 (b) No person shall be qualified or eligible to serve as a
23-12 judge on the municipal court unless that person shall have
23-13 attained the age of 21 years and shall be a member of the
23-14 State Bar of Georgia and shall possess all qualifications
23-15 required by law. All judges shall be appointed by the city
23-16 council and shall serve until a successor is appointed and
23-17 qualified.
23-18 (c) Compensation of the judges shall be fixed by ordinance.
23-19 (d) Judges serve at will and may be removed from office at
23-20 any time by the city council unless otherwise provided by
23-21 ordinance.
23-22 (e) Before assuming office, each judge shall take an oath,
23-23 given by the mayor, that such judge will honestly and
23-24 faithfully discharge the duties of the judge's office to the
23-25 best of the judge's ability and without fear, favor, or
23-26 partiality. The oath shall be entered upon the minutes of
23-27 the city council journal required in Section 2.19 of this
23-28 charter.
23-29 SECTION 4.12.
23-30 The municipal court shall be convened at regular intervals
23-31 as provided by ordinance.
23-32 SECTION 4.13.
23-33 Jurisdiction; powers.
23-34 (a) The municipal court shall try and punish violations of
23-35 this charter, all city ordinances, and such other violations
23-36 as provided by law.
-23-
24- 1 (b) The municipal court shall have authority to punish those
24- 2 in its presence for contempt, provided that such punishment
24- 3 shall not exceed $300.00 or ten days in jail.
24- 4 (c) The municipal court may fix punishment for offenses
24- 5 within its jurisdiction not exceeding a fine of $1,000.00 or
24- 6 imprisonment for six months or both, or may fix punishment
24- 7 by fine, imprisonment, or alternative sentencing, in the
24- 8 maximum amount as is now or hereafter provided by law.
24- 9 (d) The municipal court shall have authority to establish a
24-10 schedule of fees to defray the cost of operation and shall
24-11 be entitled to reimbursement of the cost of meals,
24-12 transportation, and care taking of prisoners bound over to
24-13 superior courts for violations of state law.
24-14 (e) The municipal court shall have authority to establish
24-15 bail and recognizances to ensure the presence of those
24-16 charged with violations before such court and shall have
24-17 discretionary authority to accept cash or personal or real
24-18 property as surety for the appearance of persons charged
24-19 with violations. Whenever any person shall give bail for
24-20 that person's appearance and shall fail to appear at the
24-21 time fixed for trial, that person's bond shall be forfeited
24-22 by the judge presiding at such time and an execution issued
24-23 thereon by serving the defendant and the defendant's
24-24 sureties with a rule nisi at least two days before a hearing
24-25 on the rule nisi. In the event that cash or property is
24-26 accepted in lieu of bond for security for the appearance of
24-27 a defendant at trial, and if such defendant fails to appear
24-28 at the time and place fixed for trial, the cash so deposited
24-29 shall be on order of the judge declared forfeited to the
24-30 city, or the property so deposited shall have a lien against
24-31 it for the value forfeited which lien shall be enforceable
24-32 in the same manner and to the same extent as a lien for city
24-33 property taxes.
24-34 (f) The municipal court shall have the same authority as
24-35 superior courts to compel the production of evidence in the
24-36 possession of any party; to enforce obedience to its orders,
24-37 judgments, and sentences; and to administer such oaths as
24-38 are necessary.
24-39 (g) The municipal court may compel the presence of all
24-40 parties necessary to a proper disposal of each case by the
24-41 issuance of summonses, subpoenas, and warrants which may be
24-42 served as executed by any officer as authorized by this
24-43 charter or by law.
-24-
25- 1 (h) Each judge of the municipal court shall be authorized to
25- 2 issue warrants for the arrest of persons charged with
25- 3 offenses against any ordinance of the city, and each judge
25- 4 of the municipal court shall have the same authority as a
25- 5 magistrate of the state to issue warrants for offenses
25- 6 against state laws committed within the city.
25- 7 SECTION 4.14.
25- 8 The right of certiorari from the decision and judgment of
25- 9 the municipal court shall exist in all criminal cases and
25-10 ordinance violation cases, and such certiorari shall be
25-11 obtained under the sanction of a judge of the Superior Court
25-12 of Lowndes County under the laws of the State of Georgia
25-13 regulating the granting and issuance of writs of certiorari.
25-14 SECTION 4.15.
25-15 Rules for court.
25-16 With the approval of the city council, the judge shall have
25-17 full power and authority to make reasonable rules and
25-18 regulations necessary and proper to secure the efficient and
25-19 successful administration of the municipal court; provided,
25-20 however, that the city council may adopt in part or in toto
25-21 the rules and regulations applicable to municipal courts.
25-22 The rules and regulations made or adopted shall be filed
25-23 with the city clerk, shall be available for public
25-24 inspection, and, upon request, a copy shall be furnished to
25-25 all defendants in municipal court proceedings at least 48
25-26 hours prior to such proceedings.
25-27 ELECTIONS AND REMOVAL
25-28 SECTION 5.10.
25-29 Applicability of general law.
25-30 All primaries and elections shall be held and conducted in
25-31 accordance with Chapter 2 of Title 21 of the O.C.G.A., the
25-32 "Georgia Election Code," as now or hereafter amended.
25-33 SECTION 5.11.
25-34 Regular elections; time for holding.
25-35 In the year 2003, and every fourth year thereafter, on the
25-36 Tuesday next following the first Monday in November there
25-37 shall be an election for the mayor and the councilmembers.
-25-
26- 1 SECTION 5.12.
26- 2 Nonpartisan elections.
26- 3 Political parties shall not conduct primaries for city
26- 4 offices and all names of candidates for city offices shall
26- 5 be listed without party designations.
26- 6 SECTION 5.13.
26- 7 Election by majority vote.
26- 8 The mayor and councilmembers shall be elected by a majority
26- 9 vote of the votes cast for each position.
26-10 SECTION 5.14.
26-11 Special elections; vacancies.
26-12 In the event that the office of the mayor or councilmember
26-13 shall become vacant as provided in Section 2.12 of this
26-14 charter, the city council or those remaining shall order a
26-15 special election to fill the balance of the expired term of
26-16 such official; provided, however, if such vacancy occurs
26-17 within 12 months of the expiration of the term of that
26-18 office, the city council or those members remaining shall
26-19 appoint a successor for the remainder of the term. In all
26-20 other aspects, the special election shall be held in
26-21 accordance with Chapter 2 of Title 21 of the O.C.G.A., the
26-22 "Georgia Election Code," as now or hereafter amended.
26-23 SECTION 5.15
26-24 Other provisions.
26-25 Except as otherwise provided by this charter, the city
26-26 council shall, by ordinance, prescribe such rules and
26-27 regulations as it deems appropriate to fulfill any options
26-28 and duties under Chapter 2 of Title 21 of the O.C.G.A., the
26-29 "Georgia Election Code."
26-30 SECTION 5.16.
26-31 Removal of officers.
26-32 (a) A councilmember, the mayor, or other appointed officers
26-33 provided for in this charter shall be removed from office
26-34 for any one or more of the causes provided in Title 45 of
26-35 the O.C.G.A. or such other applicable laws as are or may
26-36 hereafter be enacted.
26-37 (b) Removal of an officer pursuant to subsection (a) of this
26-38 section shall be accomplished by one of the following
26-39 methods:
-26-
27- 1 (1) Following a hearing at which an impartial panel
27- 2 shall render a decision. In the event an elected officer
27- 3 is sought to be removed by the action of the city
27- 4 council, such officer shall be entitled to a written
27- 5 notice specifying the ground or grounds for removal and
27- 6 to a public hearing which shall be held not less than
27- 7 ten days after the service of such written notice. The
27- 8 city council shall provide by ordinance for the manner
27- 9 in which such hearings shall be held. Any elected
27-10 officer sought to be removed from office as provided in
27-11 this section shall have the right of appeal from the
27-12 decision of the city council to the Superior Court of
27-13 Lowndes County. Such appeal shall be governed by the
27-14 same rules as govern appeals to the superior court from
27-15 the probate court; or
27-16 (2) By an order of the Superior Court of Lowndes County
27-17 following a hearing on a complaint seeking such removal
27-18 brought by any resident of the City of Remerton.
27-19 SECTION 6.10.
27-20 Property tax.
27-21 The city council may assess, levy, and collect an ad valorem
27-22 tax on all real and personal property within the corporate
27-23 limits of the city that is subject to such taxation by the
27-24 state and county. This tax is for the purpose of raising
27-25 revenues to defray the costs of operating the city
27-26 government, of providing governmental services, for the
27-27 repayment of principal and interest on general obligations,
27-28 and for any other public purpose as determined by the city
27-29 council in its discretion.
27-30 SECTION 6.11.
27-31 Millage rate; due dates; payment methods.
27-32 The city council by ordinance shall establish a millage rate
27-33 for the city property tax, a due date, and the time period
27-34 within which these taxes must be paid. The city council by
27-35 ordinance may provide for the payment of these taxes by
27-36 installments or in one lump sum, as well as authorize the
27-37 voluntary payment of taxes prior to the time when due.
-27-
28- 1 SECTION 6.12.
28- 2 Occupation and business taxes.
28- 3 The city council by ordinance shall have the power to levy
28- 4 such occupation or business taxes as are not denied by law.
28- 5 The city council may classify businesses, occupations, or
28- 6 professions for the purpose of such taxation in any way
28- 7 which may be lawful and may compel the payment of such taxes
28- 8 as provided in Section 6.18 of this charter.
28- 9 SECTION 6.13.
28-10 Licenses; permits; fees.
28-11 The city council by ordinance shall have the power to
28-12 require businesses or practitioners doing business in this
28-13 city to obtain a permit for such activity from the city and
28-14 pay a regulatory fee for such permit as provided by general
28-15 law. Such fees shall reflect the total cost to the City of
28-16 Remerton of regulating the activity and, if unpaid, shall be
28-17 collected as provided in Section 6.18 of this charter.
28-18 SECTION 6.14.
28-19 (a) The city council shall have the power to grant
28-20 franchises for the use of this city's streets and alleys for
28-21 the purposes of railroads, street railways, telephone
28-22 companies, electric companies, electric membership
28-23 corporations, cable television and other telecommunications
28-24 companies, gas companies, transportation companies, and
28-25 other similar organizations. The city council shall
28-26 determine the duration, terms, whether the same shall be
28-27 exclusive or nonexclusive, and the consideration for such
28-28 franchises; provided, however, no franchise shall be granted
28-29 for a period in excess of 35 years and no franchise shall be
28-30 granted unless the city receives just and adequate
28-31 compensation therefor. The city council shall provide for
28-32 the registration of all franchises with the city clerk in a
28-33 registration book kept by the city clerk. The city council
28-34 may provide by ordinance for the registration within a
28-35 reasonable time of all franchises previously granted.
28-36 (b) If no franchise agreement is in effect, the city council
28-37 has the authority to impose a tax on gross receipts for the
28-38 use of this city's streets and alleys for the purposes of
28-39 railroads, street railways, telephone companies, electric
28-40 companies, electric membership corporations, cable
28-41 television and other telecommunications companies, gas
-28-
29- 1 companies, transportation companies, and other similar
29- 2 organizations.
29- 3 SECTION 6.15.
29- 4 Service charges.
29- 5 The city council by ordinance shall have the power to assess
29- 6 and collect fees, charges, and tolls for sewers, sanitary
29- 7 and health services, or any other services provided or made
29- 8 available within and outside the corporate limits of the
29- 9 city for the total cost to the City of Remerton providing or
29-10 making available such services. If unpaid, such charges
29-11 shall be collected as provided in Section 6.18 of this
29-12 charter.
29-13 SECTION 6.16.
29-14 Special assessments.
29-15 The city council by ordinance shall have the power to assess
29-16 and collect the cost of constructing, reconstructing,
29-17 widening, or improving any public way, street, sidewalk,
29-18 curbing, gutters, sewers, or other utility mains and
29-19 appurtenances from the abutting property owners under such
29-20 terms and conditions as are reasonable. If unpaid, such
29-21 charges shall be collected as provided in Section 6.18 of
29-22 this charter.
29-23 SECTION 6.17.
29-24 Construction; other taxes.
29-25 This city shall be empowered to levy any other tax or fee
29-26 allowed now or hereafter by law, and the specific mention of
29-27 any right, power, or authority in this article shall not be
29-28 construed as limiting in any way the general powers of this
29-29 city to govern its local affairs.
29-30 SECTION 6.18.
29-31 Collection of delinquent taxes and fees.
29-32 The city council by ordinance may provide generally for the
29-33 collection of delinquent taxes, fees, or other revenue due
29-34 the city under Sections 6.10 through 6.17 of this charter by
29-35 whatever reasonable means as are not precluded by law. This
29-36 shall include providing for the dates when the taxes or fees
29-37 are due; late penalties or interest; issuance and execution
29-38 of fi. fas.; creation and priority of liens; making
29-39 delinquent taxes and fees personal debts of the persons
29-40 required to pay the taxes or fees imposed; revoking city
29-41 permits for failure to pay any city taxes or fees; and
29-42 providing for the assignment or transfer of tax executions.
-29-
30- 1 SECTION 6.19.
30- 2 General obligation bonds.
30- 3 The city council shall have the power to issue bonds for the
30- 4 purpose of raising revenue to carry out any project,
30- 5 program, or venture authorized under this charter or the
30- 6 laws of the state. Such bonding authority shall be
30- 7 exercised in accordance with the laws governing bond
30- 8 issuance by municipalities in effect at the time such issue
30- 9 is undertaken.
30-10 SECTION 6.20.
30-11 Revenue bonds.
30-12 Revenue bonds may be issued by the city council as state law
30-13 now or hereafter provides. Such bonds are to be paid out of
30-14 any revenue produced by the project, program, or venture for
30-15 which they were issued.
30-16 SECTION 6.21.
30-17 Short-term loans.
30-18 The city may obtain short-term loans and must repay such
30-19 loans not later than December 31 of each year, unless
30-20 otherwise provided by law.
30-21 SECTION 6.22.
30-22 Lease-purchase contracts.
30-23 The city may enter into multiyear lease, purchase, or
30-24 lease-purchase contracts for the acquisition of goods,
30-25 materials, real and personal property, services, and
30-26 supplies, provided the contract terminates without further
30-27 obligation on the part of the municipality at the close of
30-28 the calendar year in which it was executed and at the close
30-29 of each succeeding calendar year for which it may be
30-30 renewed. Contracts must be executed in accordance with the
30-31 requirements of Code Section 36-60-13 of the O.C.G.A., or
30-32 other such applicable laws as are or may hereafter be
30-33 enacted.
30-34 SECTION 6.23.
30-35 The city council shall set the fiscal year by ordinance.
30-36 This fiscal year shall constitute the budget year and the
30-37 year for financial accounting and reporting of each and
30-38 every office, department, agency, and activity of the city
30-39 government.
-30-
31- 1 SECTION 6.24.
31- 2 Budget ordinance.
31- 3 The city council shall provide an ordinance on the
31- 4 procedures and requirements for the preparation and
31- 5 execution of an annual operating budget, a capital
31- 6 improvement plan, and a capital budget, including
31- 7 requirements as to the scope, content, and form of such
31- 8 budgets and plans. The city council shall also comply with
31- 9 the budgeting and auditing provisions of Chapter 81 of Title
31-10 36 of the O.C.G.A.
31-11 SECTION 6.25.
31-12 Operating budget.
31-13 On or before a date fixed by the city council but not later
31-14 than 15 days prior to the beginning of each fiscal year, the
31-15 mayor shall submit to the city council a proposed operating
31-16 budget for the ensuing fiscal year. The budget shall be
31-17 accompanied by a message from the mayor containing a
31-18 statement of the general fiscal policies of the city, the
31-19 important features of the budget, explanations of major
31-20 changes recommended for the next fiscal year, a general
31-21 summary of the budget, and other pertinent comments and
31-22 information. The operating budget and the capital budget
31-23 provided for in Section 6.29 of this charter, the budget
31-24 message, and all supporting documents shall be filed in the
31-25 office of the city clerk and shall be open to public
31-26 inspection.
31-27 SECTION 6.26.
31-28 Action by city council on budget.
31-29 (a) The councilmembers may amend the operating budget
31-30 proposed by the mayor, except that the budget as finally
31-31 amended and adopted must provide for all expenditures
31-32 required by state law or by other provisions of this charter
31-33 and for all debt service requirements for the ensuing fiscal
31-34 year. The total appropriations from any fund shall not
31-35 exceed the estimated fund balance, reserves, and revenues.
31-36 (b) The city council by ordinance shall adopt the final
31-37 operating budget for the ensuing fiscal year not later than
31-38 May 15 of each year. If the city council fails to adopt the
31-39 budget by said date, the amounts appropriated for operation
31-40 for the then current fiscal year shall be deemed adopted for
31-41 the ensuing fiscal year on a month-to-month basis, with all
31-42 items prorated accordingly, until such time as the city
31-43 council adopts a budget for the ensuing fiscal year.
-31-
32- 1 Adoption of the budget shall take the form of an
32- 2 appropriations ordinance setting out the estimated revenues
32- 3 in detail by sources and making appropriations according to
32- 4 fund and by organizational unit, purpose, or activity as set
32- 5 out in the budget preparation ordinance adopted pursuant to
32- 6 Section 6.24 of this charter.
32- 7 (c) The amount set out in the adopted operating budget for
32- 8 each organizational unit shall constitute the annual
32- 9 appropriation for such, and no expenditure shall be made or
32-10 encumbrance created in excess of the otherwise unencumbered
32-11 balance of the appropriations or allotment thereof to which
32-12 it is chargeable.
32-13 SECTION 6.27.
32-14 Levy of taxes.
32-15 The city council shall levy by ordinance such taxes as are
32-16 necessary. The taxes and tax rates set by such ordinance
32-17 shall be such that reasonable estimates of revenues from
32-18 such levy shall at least be sufficient, together with other
32-19 anticipated revenues, fund balances, and applicable
32-20 reserves, to equal the total amount appropriated for each of
32-21 the several funds set forth in the annual operating budget
32-22 for defraying the expenses of the general government of this
32-23 city.
32-24 SECTION 6.28.
32-25 Changes in appropriations.
32-26 The city council by ordinance may make changes in the
32-27 appropriations contained in the current operating budget at
32-28 any regular meeting or special or emergency meeting called
32-29 for such purpose, but any additional appropriations may be
32-30 made only from an existing unexpended surplus.
32-31 SECTION 6.29.
32-32 Capital improvements.
32-33 (a) On or before the date fixed by the city council, but not
32-34 later than 30 days prior to the beginning of each fiscal
32-35 year, the mayor shall submit to the city council a proposed
32-36 capital improvements plan with a recommended capital budget
32-37 containing the means of financing the improvements proposed
32-38 for the ensuing fiscal year. The city council shall have
32-39 power to accept, with or without amendments, or reject the
32-40 proposed plan and budget. The city council shall not
32-41 authorize an expenditure for the construction of any
32-42 building, structure, work, or improvement unless the
-32-
33- 1 appropriations for such project are included in the capital
33- 2 budget, except to meet a public emergency as provided in
33- 3 Section 2.23 of this charter.
33- 4 (b) The city council shall adopt by ordinance the final
33- 5 capital budget for the ensuing fiscal year not later than
33- 6 March 15 of each year. No appropriation provided for in a
33- 7 prior capital budget shall lapse until the purpose for which
33- 8 the appropriation was made shall have been accomplished or
33- 9 abandoned; provided, however, the mayor may submit
33-10 amendments to the capital budget at any time during the
33-11 fiscal year, accompanied by recommendations. Any such
33-12 amendments to the capital budget shall become effective only
33-13 upon adoption by ordinance.
33-14 SECTION 6.30.
33-15 There shall be an annual independent audit of all city
33-16 accounts, funds, and financial transactions by a certified
33-17 public accountant selected by the city council. The audit
33-18 shall be conducted according to generally accepted auditing
33-19 principles. Any audit of any funds by the state or federal
33-20 governments may be accepted as satisfying the requirements
33-21 of this charter. Copies of annual audit reports shall be
33-22 available at printing costs to the public.
33-23 SECTION 6.31.
33-24 No contract with the city shall be binding on the city
33-25 unless:
33-26 (1) It is in writing;
33-27 (2) It is drawn by or submitted and reviewed by the city
33-28 attorney and, as a matter of course, is signed by the
33-29 city attorney to indicate such drafting or review; and
33-30 (3) It is made or authorized by the city council and
33-31 such approval is entered in the city council journal of
33-32 proceedings pursuant to Section 2.19 of this charter.
33-33 SECTION 6.32.
33-34 The city council shall by ordinance prescribe procedures for
33-35 a system of centralized purchasing for the city.
-33-
34- 1 SECTION 6.33.
34- 2 Sale and lease of property.
34- 3 (a) The city council may sell and convey or lease any real
34- 4 or personal property owned or held by the city for
34- 5 governmental or other purposes as now or hereafter provided
34- 6 by law.
34- 7 (b) The city council may quitclaim any rights it may have in
34- 8 property not needed for public purposes upon report by the
34- 9 mayor and adoption of a resolution, both finding that the
34-10 property is not needed for public or other purposes and that
34-11 the interest of the city has no readily ascertainable
34-12 monetary value.
34-13 (c) Whenever in opening, extending, or widening any street,
34-14 avenue, alley, or public place of the city a small parcel or
34-15 tract of land is cut off or separated by such work from a
34-16 larger tract or boundary of land owned by the city, the city
34-17 council may authorize the mayor to sell and convey said
34-18 cut-off or separated parcel or tract of land to an abutting
34-19 or adjoining property owner or owners where such sale and
34-20 conveyance facilitates the highest and best use of the
34-21 abutting owner's property. Included in the sales contract
34-22 shall be a provision for the rights of way of said street,
34-23 avenue, alley, or public place. Each abutting property
34-24 owner shall be notified of the availability of the property
34-25 and given the opportunity to purchase said property under
34-26 such terms and conditions as set out by ordinance. All
34-27 deeds and conveyances heretofore and hereafter so executed
34-28 and delivered shall convey all title and interest the city
34-29 has in such property, notwithstanding the fact that no
34-30 public sale after advertisement was or is hereafter made.
34-31 GENERAL PROVISIONS
34-32 SECTION 7.10.
34-33 Bonds for officials.
34-34 The officers and employees of this city, both elected and
34-35 appointed, shall execute such surety or fidelity bonds in
34-36 such amounts and upon such terms and conditions as the city
34-37 council shall from time to time require by ordinance or as
34-38 may be provided by law.
-34-
35- 1 SECTION 7.11.
35- 2 Prior ordinances.
35- 3 All ordinances, resolutions, rules, and regulations now in
35- 4 force in the city not inconsistent with this charter are
35- 5 declared valid and of full effect and force until amended or
35- 6 repealed by the city council.
35- 7 SECTION 7.12.
35- 8 Existing personnel and officers.
35- 9 Except as specifically provided otherwise by this charter,
35-10 all personnel and officers of this city and their rights,
35-11 privileges, and powers shall continue beyond the time this
35-12 charter takes effect for a period of 90 days before or
35-13 during which time the existing city council shall pass a
35-14 transition ordinance detailing the changes in personnel and
35-15 appointed officers required or desired and arranging such
35-16 titles, rights, privileges, and powers as may be required or
35-17 desired to allow a reasonable transition.
35-18 SECTION 7.13.
35-19 Pending matters.
35-20 Except as specifically provided otherwise by this charter,
35-21 all rights, claims, actions, orders, contracts, and legal or
35-22 administrative proceedings shall continue and any such
35-23 ongoing work or cases shall be completed by such city
35-24 agencies, personnel, or offices as may be provided by the
35-25 city council.
35-26 SECTION 7.14.
35-27 Construction and definitions.
35-28 (a) Section captions in this charter are informative only
35-29 and are not to be considered as a part thereof.
35-30 (b) The word "shall" is mandatory and the word "may" is
35-31 permissive.
35-32 (c) The singular shall include the plural and the masculine
35-33 shall include the feminine and vice versa.
35-34 (d) Except as specifically provided otherwise by this
35-35 charter, the term:
35-36 (1) "City council" means the members of the city council
35-37 and the mayor.
35-38 (2) "Councilmember" means a member of the city council
35-39 other than the mayor.
-35-
36- 1 SECTION 7.15.
36- 2 Specific repealer.
36- 3 An Act incorporating the Town of Remerton, Georgia, approved
36- 4 February 19, 1951 (Ga. L. 1951, p. 2647), as amended, is
36- 5 repealed in its entirety.
36- 6 SECTION 7.16.
36- 7 Effective date.
36- 8 This Act shall become effective on upon the approval of this
36- 9 Act by the Governor or upon its otherwise becoming law
36-10 without such approval.
36-11 SECTION 7.17.
36-12 General repealer.
36-13 All laws and parts of laws in conflict with this Act are
36-14 repealed.
-36-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/27/00
