| HB 277 - Berkeley Lake, City of; new charter |
First Reader Summary
A BILL to provide a new charter for the City of Berkeley Lake;
and for other purposes.
| House |
Action |
Senate |
| 1/27/99 |
Read 1st Time |
2/5/99 |
| 1/28/99 |
Read 2nd Time |
|
| 2/4/99 |
Favorably Reported |
2/11/99 |
| 2/4/99 |
Read 3rd Time |
|
| 2/4/99 |
Passed/Adopted |
2/11/99 |
| 3/26/99 |
Sent to Governor |
|
| 4/9/99 |
Signed by Governor |
|
| 46 |
Act/Veto Number |
|
| 4/9/99/9 |
Effective Date |
|
HB 277 LC 18 9229
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the City of Berkeley Lake; 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 and rules, pending matters, and
1-29 existing personnel; to provide for penalties; to provide for
1-30 definitions and construction; to provide for other matters
1-31 relative to the foregoing; to repeal a specific Act; to
1-32 provide for effective dates; to repeal conflicting laws; and
1-33 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 reincorporated by
2- 4 the enactment of this charter and are hereby constituted and
2- 5 declared a body politic and corporate under the name and
2- 6 style Berkeley Lake, Georgia, and by that name shall have
2- 7 perpetual succession.
2- 8 SECTION 1.11.
2- 9 Corporate boundaries.
2-10 (a) The boundaries of this city shall be those existing on
2-11 the effective date of the adoption of this charter with such
2-12 alterations as may be made from time to time in the manner
2-13 provided by law. The boundaries of this city at all times
2-14 shall be shown on a map, a written description or any
2-15 combination thereof, to be retained permanently in the
2-16 office of the City Clerk and to be designated, as the case
2-17 may be: "Official Map (or Description) of the corporate
2-18 limits of the City of Berkeley Lake, Georgia."
2-19 Photographic, typed, or other copies of such map or
2-20 description certified by the City Clerk shall be admitted as
2-21 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
2-39 in any way the powers of this city. These powers shall
2-40 include, but not be limited to, the following:
-2-
3- 1 (1) Animal Regulations. To regulate and license or to
3- 2 prohibit the keeping or running at-large of animals and
3- 3 fowl, and to provide for the impoundment of same if in
3- 4 violation of any ordinance or lawful order; to provide
3- 5 for the disposition by sale, gift or humane destruction
3- 6 of animals and fowl when not redeemed as provided by
3- 7 ordinance; and to provide punishment for violation of
3- 8 ordinances enacted hereunder;
3- 9 (2) Appropriations and Expenditures. To make
3-10 appropriations for the support of the government of the
3-11 city; to authorize the expenditure of money for any
3-12 purposes authorized by this charter and for any purpose
3-13 for which a municipality is authorized by the laws of
3-14 the State of Georgia; and to provide for the payment of
3-15 expenses of the city;
3-16 (3) Building regulation. To regulate and to license the
3-17 erection and construction of buildings and all other
3-18 structures; to adopt building, housing, plumbing,
3-19 electrical, gas, and heating and air conditioning codes;
3-20 and to regulate all housing, and building trades;
3-21 (4) Business regulation and taxation. To levy and to
3-22 provide for the collection of regulatory fees and taxes
3-23 on privileges, occupations, trades and professions as
3-24 authorized by Title 48 of the O.C.G.A., or other such
3-25 applicable laws as are or may hereafter be enacted; to
3-26 permit and regulate the same; to provide for the manner
3-27 and method of payment of such regulatory fees and taxes;
3-28 and to revoke such permits after due process for failure
3-29 to pay any city taxes or fees;
3-30 (5) Condemnation. To condemn property, inside or outside
3-31 the corporate limits of the city, for present or future
3-32 use and for any corporate purpose deemed necessary by
3-33 the governing authority, utilizing procedures enumerated
3-34 in Title 22 of the O.C.G.A., or such other applicable
3-35 laws as are or may hereafter be enacted;
3-36 (6) Contracts. To enter into contracts and agreements
3-37 with other governmental entities and with private
3-38 persons, firms and corporations;
3-39 (7) Emergencies. To establish procedures for determining
3-40 and proclaiming that an emergency situation exists
3-41 within or without the city, and to make and carry out
3-42 all reasonable provisions deemed necessary to deal with
-3-
4- 1 or meet such an emergency for the protection, safety,
4- 2 health or well-being of the citizens of the city;
4- 3 (8) Environmental Protection. To protect and preserve
4- 4 the natural resources, environment and vital areas of
4- 5 the state through the preservation and improvement of
4- 6 air quality, the restoration and maintenance of water
4- 7 resources, the control of erosion and sedimentation, the
4- 8 management of solid and hazardous waste, and other
4- 9 necessary actions for the protection of the environment;
4-10 (9) Fire Regulations. To fix and establish fire limits
4-11 and from time to time to extend, enlarge or restrict the
4-12 same; to prescribe fire safety regulations not
4-13 inconsistent with general law, relating to both fire
4-14 prevention and detection and to fire fighting; and to
4-15 prescribe penalties and punishment for violations
4-16 thereof;
4-17 (10) Garbage Fees. To levy, fix, assess, and collect a
4-18 garbage, refuse and trash collection and disposal, and
4-19 other sanitary service charge, tax, or fee for such
4-20 services as may be necessary in the operation of the
4-21 city from all individuals, firms, and corporations
4-22 residing in or doing business therein benefiting from
4-23 such services; to enforce the payment of such charges,
4-24 taxes or fees; and to provide for the manner and method
4-25 of collecting such service charges;
4-26 (11) General health, safety, and welfare. To define,
4-27 regulate and prohibit any act, practice, conduct or use
4-28 of property which is detrimental or likely to be
4-29 detrimental to health, sanitation, cleanliness, welfare,
4-30 and safety of the inhabitants of the city, and to
4-31 provide for the enforcement of such standards;
4-32 (12) Gifts. To accept or refuse gifts, donations,
4-33 bequests or grants from any source for any purpose
4-34 related to powers and duties of the city and the general
4-35 welfare of its citizens, on such terms and conditions as
4-36 the donor or grantor may impose;
4-37 (13) Health and sanitation. To prescribe standards of
4-38 health and sanitation and to provide for the enforcement
4-39 of such standards;
4-40 (14) Jail sentences. To provide that persons given jail
4-41 sentences in the city's court may work out such
4-42 sentences in any public works or on the streets, roads,
-4-
5- 1 drains and other public property in the city, to provide
5- 2 for commitment of such persons to any jail, or to
5- 3 provide for commitment of such persons to any county
5- 4 work camp or county jail by agreement with the
5- 5 appropriate county officials;
5- 6 (15) Motor Vehicles. To regulate the operation of motor
5- 7 vehicles and exercise control over all traffic,
5- 8 including parking upon or across the streets, roads,
5- 9 alleys and walkways of the city;
5-10 (16) Municipal agencies and delegation of power. To
5-11 create, alter or abolish departments, boards, offices,
5-12 commissions and agencies of the city, and to confer upon
5-13 such agencies the necessary and appropriate authority
5-14 for carrying out all the powers conferred upon or
5-15 delegated to the same;
5-16 (17) Municipal Debts. To appropriate and borrow money
5-17 for the payment of debts of the city and to issue bonds
5-18 for the purpose of raising revenue to carry out any
5-19 project, program or venture authorized by this charter
5-20 or the laws of the State of Georgia;
5-21 (18) Municipal Property Ownership. To acquire, dispose
5-22 of, lease, and hold in trust or otherwise, any real,
5-23 personal, or mixed property, in fee simple or lesser
5-24 interest, inside or outside the property limits of the
5-25 city;
5-26 (19) Municipal property protection. To provide for the
5-27 preservation and protection of property and equipment of
5-28 the city, and the administration and use of same by the
5-29 public; and to prescribe penalties and punishment for
5-30 violations thereof;
5-31 (20) Municipal Utilities. To acquire, lease, construct,
5-32 operate, maintain, sell and dispose of public utilities,
5-33 including but not limited to a system of waterworks,
5-34 sewers and drains, sewage disposal, gas works, electric
5-35 light plants, cable television and other
5-36 telecommunications, transportation facilities, public
5-37 airports, and any other public utility; and to fix the
5-38 taxes, charges, rates, fares, fees, assessments,
5-39 regulations and penalties, and to provide for the
5-40 withdrawal of service for refusal or failure to pay the
5-41 same;
-5-
6- 1 (21) Nuisance. To define a nuisance and provide for its
6- 2 abatement whether on public or private property;
6- 3 (22) Penalties. To provide penalties for violation of
6- 4 any ordinances adopted pursuant to the authority of this
6- 5 charter and the laws of the State of Georgia;
6- 6 (23) Planning and zoning. To provide comprehensive city
6- 7 planning for development by zoning; and to provide
6- 8 subdivision regulation and the like as the city council
6- 9 deems necessary and reasonable to insure a safe,
6-10 healthy, and aesthetically pleasing community;
6-11 (24) Police and fire protection. To exercise the power
6-12 of arrest through duly appointed policemen, and to
6-13 establish, operate, or contract for a police and a fire
6-14 fighting agency;
6-15 (25) Public hazards: removal. To provide for the
6-16 destruction and removal of any building or other
6-17 structure which is or may become dangerous or
6-18 detrimental to the public;
6-19 (26) Public improvements. To provide for the
6-20 acquisition, construction, building, operation and
6-21 maintenance of public ways, parks and playgrounds,
6-22 recreational facilities, cemeteries, markets and market
6-23 houses, public buildings, libraries, public housing,
6-24 airports, hospitals, terminals, docks, parking
6-25 facilities, or charitable, cultural, educational,
6-26 recreational, conservation, sport, curative, corrective,
6-27 detentional, penal and medical institutions, agencies
6-28 and facilities; and to provide any other public
6-29 improvements, inside or outside the corporate limits of
6-30 the city; to regulate the use of public improvements;
6-31 and for such purposes, property may be acquired by
6-32 condemnation under Title 22 of the O.C.G.A., or such
6-33 other applicable laws as are or may hereafter be
6-34 enacted;
6-35 (27) Public peace. To provide for the prevention and
6-36 punishment of drunkenness, riots, and public
6-37 disturbances;
6-38 (28) Public transportation. To organize and operate such
6-39 public transportation systems as are deemed beneficial;
6-40 (29) Public utilities and services. To grant franchises
6-41 or make contracts for, or impose taxes on public
6-42 utilities and public service companies; and to prescribe
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7- 1 the rates, fares, regulations and standards and
7- 2 conditions of service applicable to the service to be
7- 3 provided by the franchise grantee or contractor, insofar
7- 4 as not in conflict with valid regulations of the Public
7- 5 Service Commission;
7- 6 (30) Regulation of roadside areas. To prohibit or
7- 7 regulate and control the erection, removal, and
7- 8 maintenance of signs, billboards, trees, shrubs, fences,
7- 9 buildings and any and all other structures or
7-10 obstructions upon or adjacent to the rights-of-way of
7-11 streets and roads or within view thereof, within or
7-12 abutting the corporate limits of the city; and to
7-13 prescribe penalties and punishment for violation of such
7-14 ordinances;
7-15 (31) Retirement. To provide and maintain a retirement
7-16 plan for officers and employees of the city;
7-17 (32) Roadways. To lay out, open, extend, widen, narrow,
7-18 establish or change the grade of, abandon or close,
7-19 construct, pave, curb, gutter, adorn with shade trees,
7-20 or otherwise improve, maintain, repair, clean, prevent
7-21 erosion of, and light the roads, alleys, and walkways
7-22 within the corporate limits of the city; and to grant
7-23 franchises and rights-of-way throughout the streets and
7-24 roads, and over the bridges and viaducts for the use of
7-25 public utilities; and to require real estate owners to
7-26 repair and maintain in a safe condition the sidewalks
7-27 adjoining their lots or lands, and to impose penalties
7-28 for failure to do so;
7-29 (33) Security, welfare, convenience. To make, ordain,
7-30 and establish such bylaws, ordinances, rules, and
7-31 regulations as shall appear necessary for the security,
7-32 welfare, convenience, and interest of the city and the
7-33 inhabitants thereof, and for preserving the health,
7-34 peace, order, and good government of the city;
7-35 (34) 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
7-39 on 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 (35) 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, rubbish
8- 6 and refuse by others; and to provide for the separate
8- 7 collection of glass, tin, aluminum, cardboard, paper,
8- 8 and other recyclable materials, and to provide for the
8- 9 sale of such items;
8-10 (36) Special areas of public regulation. To regulate or
8-11 prohibit junk dealers, pawn shops, the manufacture, sale
8-12 or transportation of intoxicating liquors, and the use
8-13 and sale 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 fortunetelling,
8-22 palmistry, adult bookstores, and massage parlors;
8-23 (37) 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 (38) 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 (39) Taxes: other. To levy and collect such other taxes
8-30 as may be allowed now or in the future by law;
8-31 (40) 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 (41) Urban redevelopment. To organize and operate an
8-38 urban redevelopment program; and
8-39 (42) 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 herein; and to
9- 6 exercise all powers now or in the future authorized to
9- 7 be exercised by other municipal governments under other
9- 8 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 Mayor and 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 governing authority under prior law.
9-32 The mayor and councilmembers shall be elected in the manner
9-33 provided by general law and this charter.
9-34 SECTION 2.11.
9-35 Mayor and city council members; terms and qualifications for office.
9-36 The mayor and members of the city council shall serve for
9-37 terms of two years and until their respective successors are
9-38 elected and qualified. The term of office of the mayor and
9-39 the term of office of each member of the city council shall
9-40 begin on the first day of January immediately following the
9-41 election of the mayor or councilmember. No person shall be
-9-
10- 1 eligible to serve as mayor or councilmember unless that
10- 2 person shall have been a resident of the city for 12 months
10- 3 prior to the date of election of mayor or members of the
10- 4 council; each shall continue to reside therein during that
10- 5 member's period of service and to be registered and
10- 6 qualified to vote in municipal elections of this city.
10- 7 SECTION 2.12.
10- 8 Vacancy; filling of vacancies.
10- 9 (a) Vacancies. The office of mayor or councilmember shall
10-10 become vacant upon the occurrence of any event specified by
10-11 the Constitution of the State of Georgia, Title 45 of the
10-12 O.C.G.A., or such other applicable laws as are or may
10-13 hereafter be enacted.
10-14 (b) Filling of vacancies. In the event that the office of
10-15 mayor or councilmember shall become vacant, the city council
10-16 or those remaining shall appoint a successor for the
10-17 remainder of the term.
10-18 (c) Suspension. Upon the suspension from office of mayor or
10-19 councilmember in any manner authorized by the general laws
10-20 of the State of Georgia, the city council or those remaining
10-21 shall appoint a successor for the duration of the
10-22 suspension. If the suspension becomes permanent, then the
10-23 office shall become vacant and shall be filled for the
10-24 remainder of the unexpired term, if any, as provided for in
10-25 this charter.
10-26 SECTION 2.13.
10-27 Compensation and expenses.
10-28 The mayor, mayor pro tempore, and councilmembers shall
10-29 receive compensation and expenses for their services as
10-30 provided by ordinance.
10-31 SECTION 2.14.
10-32 Conflicts of interest; holding other offices.
10-33 (a) Elected and appointed officers of the city are trustees
10-34 and servants of the residents of the city and shall act in a
10-35 fiduciary capacity for the benefit of such residents.
10-36 (b) Conflict of Interest. No elected official, appointed
10-37 officer, or employee of the city or any agency or political
10-38 entity to which this charter applies shall knowingly:
10-39 (1) Engage in any business or transaction, or have a
10-40 financial or other personal interest, direct or
10-41 indirect, which is incompatible with the proper
-10-
11- 1 discharge of that person's official duties or which
11- 2 would tend to impair the independence of the official's
11- 3 judgment or action in the performance of those official
11- 4 duties;
11- 5 (2) Engage in or accept private employment, or render
11- 6 services for private interests when such employment or
11- 7 service is incompatible with the proper discharge of
11- 8 that person's official duties or would tend to impair
11- 9 the independence of the official's judgment or action in
11-10 the performance of those official duties;
11-11 (3) Disclose confidential information, including
11-12 information obtained at meetings which are closed
11-13 pursuant to Chapter 14 of Title 50 of the O.C.G.A.,
11-14 concerning the property, government, or affairs of the
11-15 governmental body by which the official is engaged
11-16 without proper legal authorization; or use such
11-17 information to advance the financial or other private
11-18 interest of the official or others;
11-19 (4) Accept any valuable gift, whether in the form of
11-20 service, loan, thing, or promise, from any person, firm
11-21 or corporation which to the official's knowledge is
11-22 interested, directly or indirectly, in any manner
11-23 whatsoever, in business dealings with the governmental
11-24 body by which the official is engaged; provided,
11-25 however, that an elected official who is a candidate for
11-26 public office may accept campaign contributions and
11-27 services in connection with any such campaign;
11-28 (5) Represent other private interests in any action or
11-29 proceeding against this city or any portion of its
11-30 government; or
11-31 (6) Vote or otherwise participate in the negotiation or
11-32 in the making of any contract with any business or
11-33 entity in which the official has financial interest.
11-34 (c) Disclosure. Any elected official, appointed officer, or
11-35 employee who shall have any financial interest, directly or
11-36 indirectly, in any contract or matter pending before or
11-37 within any department of the city shall disclose such
11-38 interest to the city council. The mayor or any
11-39 councilmember who has a financial interest in any matter
11-40 pending before the city council shall disclose such interest
11-41 and such disclosure shall be entered on the records of the
11-42 city council, and that official shall disqualify himself or
11-43 herself from participating in any decision or vote relating
-11-
12- 1 thereto. Any elected official, appointed officer, or
12- 2 employee of any agency or political entity to which this
12- 3 charter applies who shall have any financial interest,
12- 4 directly or indirectly, in any contract or matter pending
12- 5 before or within such entity shall disclose such interest to
12- 6 the governing body of such agency or entity.
12- 7 (d) Use of public property. No elected official, appointed
12- 8 officer, or employee of the city or any agency or entity to
12- 9 which this charter applies shall use property owned by such
12-10 governmental entity for personal benefit, convenience, or
12-11 profit except in accordance with policies promulgated by the
12-12 city council or the governing body of such agency or entity.
12-13 (e) Contracts voidable and rescindable. Any violation of
12-14 this section which occurs with the knowledge, express or
12-15 implied, of a party to a contract or sale shall render said
12-16 contract or sale voidable at the option of the city council.
12-17 (f) Ineligibility of elected official. Except where
12-18 authorized by law, neither the mayor nor any councilmember
12-19 shall hold any other elective or compensated appointive
12-20 office in the city or otherwise be employed by said
12-21 government or any agency thereof during the term for which
12-22 that official was elected. No former mayor and no former
12-23 councilmember shall hold any compensated appointive office
12-24 in the city until one year after the expiration of the term
12-25 for which that official was elected.
12-26 (g) No elected official shall serve as an officer or on the
12-27 board of a homeowners' association located within the city
12-28 limits.
12-29 (h) No member of an elected official's immediate family
12-30 shall serve as an employee of the city.
12-31 (i) Political activities of certain officers and employees.
12-32 No city employee shall continue in that position upon
12-33 election to any public office in this city or any other
12-34 public office whose duties are inconsistent, incompatible or
12-35 in conflict with the duties of said city employee. Such
12-36 determination shall be made by the mayor and city council
12-37 either immediately upon election or at any time such
12-38 conflict may arise.
12-39 (j) Penalties for violation.
12-40 (1) Any city officer or employee who knowingly conceals
12-41 such financial interest or knowingly violates any of the
12-42 requirements of this section shall be guilty of
-12-
13- 1 malfeasance in office or position and shall be deemed to
13- 2 have forfeited that person's office or position.
13- 3 (2) Any officer or employee of the city who shall
13- 4 forfeit an office or position as described in paragraph
13- 5 (1) above, shall be ineligible for appointment or
13- 6 election to or employment in a position in the city
13- 7 government for a period of three years thereafter.
13- 8 SECTION 2.15.
13- 9 Inquiries and investigations.
13-10 Following the adoption of an authorizing resolution, the
13-11 city council may make inquiries and investigations into the
13-12 affairs of the city and the conduct of any department,
13-13 office or agency thereof, and for this purpose may subpoena
13-14 witnesses, administer oaths, take testimony, and require the
13-15 production of evidence. Any person who fails or refuses to
13-16 obey a lawful order issued in the exercise of these powers
13-17 by the city council shall be punished as provided by
13-18 ordinance.
13-19 SECTION 2.16.
13-20 General power and authority of the city council.
13-21 Except as otherwise provided by law or this charter, the
13-22 city council shall be vested with all the powers of
13-23 government of this city.
13-24 SECTION 2.17.
13-25 Eminent domain.
13-26 The city council is hereby empowered to acquire, construct,
13-27 operate and maintain public ways, parks, public grounds,
13-28 cemeteries, markets, market houses, public buildings,
13-29 libraries, sewers, drains, sewage treatment, waterworks,
13-30 electrical systems, gas systems, airports, hospitals, and
13-31 charitable, educational, recreational, sport, curative,
13-32 corrective, detentional, penal and medical institutions,
13-33 agencies and facilities, and any other public improvements
13-34 inside or outside the city, and to regulate the use thereof,
13-35 and for such purposes, property may be condemned under
13-36 procedures established under general law applicable now or
13-37 as provided in the future.
13-38 SECTION 2.18.
13-39 Oath of office
13-40 The mayor and councilmembers-elect, before entering upon the
13-41 discharge of their official duties, shall take and subscribe
-13-
14- 1 to the following oath before the retiring mayor or some
14- 2 person authorized to administer oaths in the following form,
14- 3 to wit:
14- 4 "I do solemnly (swear)(affirm) that I will faithfully
14- 5 perform the duties of (mayor)(councilmember) of the City
14- 6 of Berkeley Lake and that I will support and defend the
14- 7 charter thereof as well as the constitution and laws of
14- 8 the State of Georgia and of the United States of America."
14- 9 SECTION 2.19.
14-10 Regular and special meetings.
14-11 (a) The city council shall hold regular meetings at such
14-12 times and places as shall be prescribed by ordinance.
14-13 (b) Special meetings of the city council may be held on call
14-14 of the mayor or three members of the city council. Notice
14-15 of such special meetings shall be served on all other
14-16 members personally, or by telephone personally, at least 48
14-17 hours in advance of the meeting. Such notice to
14-18 councilmembers shall not be required if the mayor and all
14-19 councilmembers are present when the special meeting is
14-20 called. Such notice of any special meeting may be waived by
14-21 a councilmember in writing before or after such a meeting,
14-22 and attendance at the meeting shall also constitute a waiver
14-23 of notice on any business transacted in such councilmembers
14-24 presence. Only the business stated in the call may be
14-25 transacted at the special meeting.
14-26 (c) All meetings of the city council shall be public to the
14-27 extent required by law and notice to the public of special
14-28 meetings shall be made fully as is reasonably possible as
14-29 provided by Code Section 50-14-1 of the O.C.G.A., or other
14-30 such applicable laws as are or may hereafter be enacted.
14-31 SECTION 2.20.
14-32 Rules of procedure.
14-33 (a) The city council shall adopt its rules of procedure and
14-34 order of business consistent with the provisions of this
14-35 charter and shall provide for keeping a journal of its
14-36 proceedings, which shall be a public record.
14-37 (b) All committees and committee chairs shall be appointed
14-38 by the mayor and shall serve at the pleasure of the mayor.
14-39 The mayor shall have the power to appoint new members to any
14-40 committee at any time.
-14-
15- 1 SECTION 2.21.
15- 2 Quorum: voting.
15- 3 The mayor and four councilmembers shall constitute a quorum
15- 4 and shall be authorized to transact business of the city
15- 5 council. When the mayor pro tempore is presiding in the
15- 6 mayor's absence, the mayor pro tempore and three
15- 7 councilmembers shall constitute a quorum and the mayor pro
15- 8 tempore shall have no vote. Voting on the adoption of
15- 9 ordinances shall be by voice vote and the vote shall be
15-10 recorded in the journal, but any member of the city council
15-11 shall have the right to request a roll-call vote and such
15-12 vote shall be recorded in the journal. Except as otherwise
15-13 provided in this charter, the affirmative vote of three
15-14 councilmembers shall be required for the adoption of any
15-15 ordinance, resolution, or motion. The mayor shall have the
15-16 power to veto any motion, resolution, ordinance or other
15-17 question adopted by the council, but such veto may be
15-18 overridden by vote of three-fifths of the entire council.
15-19 SECTION 2.22.
15-20 Ordinance form; procedures.
15-21 (a) Every proposed ordinance should be introduced in writing
15-22 and in the form required for final adoption. No ordinance
15-23 shall contain a subject which is not expressed in its title.
15-24 The enacting clause shall be "It is hereby ordained by the
15-25 governing authority of the City of Berkeley Lake" and every
15-26 ordinance shall so begin.
15-27 (b) An ordinance may be introduced by any councilmember and
15-28 be read at a regular or special meeting of the city council.
15-29 Ordinances shall be considered and adopted or rejected by
15-30 the city council in accordance with the rules which it shall
15-31 establish; provided, however, an ordinance shall not be
15-32 adopted the same day it is introduced, except for emergency
15-33 ordinances provided in Section 2.24 of this charter. Upon
15-34 introduction of any ordinance, the clerk shall as soon as
15-35 possible distribute a copy to the mayor and to each
15-36 councilmember and shall file a reasonable number of copies
15-37 in the office of the clerk and at such other public places
15-38 as the city council may designate.
15-39 SECTION 2.23.
15-40 Action requiring an ordinance.
15-41 Acts of the city council which have the force and effect of
15-42 law shall be enacted by ordinance.
-15-
16- 1 SECTION 2.24.
16- 2 (a) To meet a public emergency affecting life, health,
16- 3 property or public peace, the city council may convene on
16- 4 call of the mayor or three councilmembers and promptly adopt
16- 5 an emergency ordinance, but such ordinance may not levy
16- 6 taxes; grant, renew or extend a franchise; regulate the rate
16- 7 charged by any public utility for its services; or authorize
16- 8 the borrowing of money except for loans to be repaid within
16- 9 30 days. An emergency ordinance shall be introduced in the
16-10 form prescribed for ordinances generally, except that it
16-11 shall be plainly designated as an emergency ordinance and
16-12 shall contain, after the enacting clause, a declaration
16-13 stating that an emergency exists, and describing the
16-14 emergency in clear and specific terms. An emergency
16-15 ordinance may be adopted, with or without amendment, or
16-16 rejected at the meeting at which it is introduced, but the
16-17 affirmative vote of at least three councilmembers shall be
16-18 required for adoption. It shall become effective upon
16-19 adoption or at such later time as it may specify. Every
16-20 emergency ordinance shall automatically stand repealed 30
16-21 days following the date upon which it was adopted, but this
16-22 shall not prevent reenactment of the ordinance in the manner
16-23 specified in this section if the emergency still exists. An
16-24 emergency ordinance may also be repealed by adoption of a
16-25 repealing ordinance in the same manner specified in this
16-26 section for adoption of emergency ordinances.
16-27 (b) Such meetings shall be open to the public to the extent
16-28 required by law and notice to the public of emergency
16-29 meetings shall be made as fully as is reasonably possible in
16-30 accordance with Code Section 50-14-1 of the O.C.G.A., or
16-31 such other applicable laws as are or may hereafter be
16-32 enacted.
16-33 SECTION 2.25.
16-34 Codes of technical regulations.
16-35 (a) The city council may adopt any standard code of
16-36 technical regulations by reference thereto in an adopting
16-37 ordinance. The procedure and requirements governing such
16-38 adopting ordinance shall be as prescribed for ordinances
16-39 generally except that:
16-40 (1) The requirements of subsection (b) of Section 2.22
16-41 of this charter for distribution and filing of copies of
16-42 the ordinance shall be construed to include copies of
-16-
17- 1 any code of technical regulations, as well as the
17- 2 adopting ordinance; and
17- 3 (2) A copy of each adopted code of technical
17- 4 regulations, as well as the adopting ordinance, shall be
17- 5 authenticated and recorded by the clerk pursuant to
17- 6 Section 2.26 of this charter.
17- 7 (b) Copies of any adopted code of technical regulations
17- 8 shall be made available by the clerk for inspection by the
17- 9 public.
17-10 SECTION 2.26.
17-11 Signing; authenticating; recording; codification;
17-12 (a) The clerk shall authenticate by the clerk's signature
17-13 and record in full in a properly indexed book kept for that
17-14 purpose, all ordinances adopted by the council.
17-15 (b) The city council shall provide for the preparation of a
17-16 general codification of all the ordinances of the city
17-17 having the force and effect of law. The general
17-18 codification shall be adopted by the city council by
17-19 ordinance and shall be published promptly, together with all
17-20 amendments thereto and such codes of technical regulations
17-21 and other rules and regulations as the city council may
17-22 specify. This compilation shall be known and cited
17-23 officially as "The Code of the City of Berkeley Lake,
17-24 Georgia." Copies of the code shall be furnished to all
17-25 officers, departments and agencies of the city, and made
17-26 available for purchase by the public at a reasonable price
17-27 as fixed by the city council.
17-28 (c) The city council shall cause each ordinance and each
17-29 amendment to this charter to be printed promptly following
17-30 its adoption, and the printed ordinances and charter
17-31 amendments shall be made available for purchase by the
17-32 public at reasonable prices to be fixed by the city council.
17-33 Following publication of the first code under this charter
17-34 and at all times thereafter, the ordinances and charter
17-35 amendments shall be printed in substantially the same style
17-36 as the code currently in effect and shall be suitable in
17-37 form for incorporation therein. The city council shall make
17-38 such further arrangements as deemed desirable with
17-39 reproduction and distribution of any current changes in or
17-40 additions to codes of technical regulations and other rules
17-41 and regulations included in the code.
-17-
18- 1 SECTION 2.27.
18- 2 Election of mayor; forfeiture; compensation.
18- 3 The mayor shall be elected and serve for a term of two years
18- 4 and until a successor is elected and qualified. The mayor
18- 5 shall be a qualified elector of this city and shall have
18- 6 been a resident of the city for 12 months prior to the
18- 7 election. The mayor shall continue to reside in this city
18- 8 during the period of service. The mayor shall forfeit the
18- 9 office on the same grounds and under the same procedure as
18-10 for councilmembers. The compensation of the mayor shall be
18-11 established in the same manner as for councilmembers.
18-12 SECTION 2.28.
18-13 Mayor pro tempore.
18-14 By a majority vote, the city council shall elect a
18-15 councilmember to serve as mayor pro tempore. The mayor pro
18-16 tempore shall assume the duties and powers of the mayor
18-17 during the mayor's physical or mental disability or absence.
18-18 Any such disability or absence shall be declared by a
18-19 majority vote of the city council. The mayor pro tempore
18-20 shall sign all contracts and ordinances in which the mayor
18-21 has a disqualifying financial interest as provided in
18-22 Section 2.14 of this charter. The mayor pro tempore shall
18-23 not have a vote when presiding in the mayor's absence at
18-24 meetings of the city council.
18-25 SECTION 2.29.
18-26 Powers and duties of mayor.
18-27 The mayor shall:
18-28 (1) Preside at all meetings of the city council;
18-29 (2) Be the head of the city for the purpose of service
18-30 of process and for ceremonial purposes, and be the
18-31 official spokesperson for the city and the chief
18-32 advocate of policy;
18-33 (3) With the advice and consent of the city council,
18-34 appoint and remove all officers, department heads and
18-35 employees of the city, except as otherwise provided in
18-36 this charter;
18-37 (4) Have the power to administer oaths and to take
18-38 affidavits;
18-39 (5) Sign as a matter of course on behalf of the city all
18-40 written and approved contracts, ordinances and other
-18-
19- 1 instruments executed by the city which by law are
19- 2 required to be in writing;
19- 3 (6) Prepare and submit to the city council a recommended
19- 4 annual operating budget and recommended capital budget;
19- 5 (7) Fulfill such other executive and administrative
19- 6 duties as the city council shall by ordinance establish.
19- 7 (8) Recommend to the city council such measures relative
19- 8 to the affairs of the city, improvement of the
19- 9 government, and promotion of the welfare of its
19-10 inhabitants as the mayor may deem expedient.
19-11 (9) Call special meetings of the city council as
19-12 provided for in subsection (b) of Section 2.19 of this
19-13 charter;
19-14 (10) Approve or disapprove ordinances as provided in
19-15 Section 2.31 of this charter;
19-16 (11) Require any department head or agency of the city
19-17 to submit written reports whenever the mayor deems it
19-18 expedient; and
19-19 (12) Perform such other duties as may be required by
19-20 law, this charter, or by ordinance.
19-21 SECTION 2.30.
19-22 Limits on terms of service
19-23 No mayor elected and qualified for two consecutive terms
19-24 shall be eligible for the succeeding term.
19-25 SECTION 2.31.
19-26 Submission of ordinances to the mayor; veto power.
19-27 (a) Every ordinance adopted by the city council shall be
19-28 presented promptly by the clerk to the mayor.
19-29 (b) The mayor, within ten calendar days of receipt of an
19-30 ordinance, shall return it to the clerk with or without the
19-31 mayor's approval, or with the mayor's disapproval. If the
19-32 ordinance has been approved by the mayor, it shall become
19-33 law upon its return to the clerk; if the ordinance is
19-34 neither approved nor disapproved, it shall become law at
19-35 12:00 Noon on the tenth calendar day after its adoption; if
19-36 the ordinance is disapproved, the mayor shall submit to the
19-37 city council through the clerk a written statement of
19-38 reasons for the veto. The clerk shall record upon the
19-39 ordinance the date of its delivery to and receipt from the
19-40 mayor.
-19-
20- 1 (c) Ordinances vetoed by the mayor shall be presented by the
20- 2 clerk to the city council at its next meeting. If the city
20- 3 council then or at its next meeting adopts the ordinance by
20- 4 an affirmative vote of three members, it shall become law.
20- 5 (d) The mayor may disapprove or reduce any item or items of
20- 6 appropriation in any ordinance. The approved part or parts
20- 7 of any ordinance making appropriations shall become law, and
20- 8 the part or parts disapproved shall not become law unless
20- 9 subsequently passed by the city council over the mayor's
20-10 veto as provided herein. The reduced part or parts shall be
20-11 presented to city council as though disapproved and shall
20-12 not become law unless overridden by the council as provided
20-13 in subsection (c) of this section.
20-14 ADMINISTRATIVE AFFAIRS
20-15 SECTION 3.10.
20-16 Administrative and service departments.
20-17 (a) Except as otherwise provided in this charter, the city
20-18 council, by ordinance, shall prescribe the functions or
20-19 duties, and establish, abolish, alter, consolidate or leave
20-20 vacant all nonelective offices, positions of employment,
20-21 departments, and agencies of the city, as necessary for the
20-22 proper administration of the affairs and government of this
20-23 city.
20-24 (b) Except as otherwise provided by this charter or by law,
20-25 the directors of departments and other appointed officers of
20-26 the city shall be appointed solely on the basis of their
20-27 respective administrative and professional qualifications.
20-28 (c) All appointive officers and directors of departments
20-29 shall receive such compensation as prescribed by ordinance.
20-30 (d) There shall be a director of each department or agency
20-31 who shall be its principal officer. Each director shall,
20-32 subject to the direction and supervision of the mayor, be
20-33 responsible for the administration and direction of the
20-34 affairs and operations of that director's department or
20-35 agency.
20-36 (e) All appointive officers and directors under the
20-37 supervision of the mayor shall be nominated by the mayor
20-38 with confirmation of appointment by the city council. All
20-39 appointive officers and directors shall be employees at will
20-40 and subject to removal or suspension at any time by the
-20-
21- 1 mayor, with the approval of the city council, unless
21- 2 otherwise provided by law or ordinance.
21- 3 SECTION 3.11.
21- 4 Boards, commissions, and authorities.
21- 5 (a) The city council shall create by ordinance such boards,
21- 6 commissions and authorities to fulfill any investigative,
21- 7 quasi-judicial or quasi-legislative function the city
21- 8 council deems necessary, and shall by ordinance establish
21- 9 the composition, period of existence, duties and powers
21-10 thereof.
21-11 (b) All members of boards, commissions and authorities of
21-12 the city shall be appointed by the mayor with the approval
21-13 of the city council for such terms of office and in such
21-14 manner as shall be provided by ordinance, except where other
21-15 appointing authority, terms of office, or manner of
21-16 appointment is prescribed by this charter or by law.
21-17 (c) The city council, by ordinance, may provide for the
21-18 compensation and reimbursement for actual and necessary
21-19 expenses of the members of any board, commission, or
21-20 authority.
21-21 (d) Except as otherwise provided by charter or by law, no
21-22 member of any board, commission or authority shall hold any
21-23 elective office in the city.
21-24 (e) Any vacancy on a board, commission or authority of the
21-25 city shall be filled for the unexpired term in the manner
21-26 prescribed herein for original appointment, except as
21-27 otherwise provided by this charter or by law.
21-28 (f) No member of a board, commission or authority shall
21-29 assume office until that person has executed and filed with
21-30 the clerk of the city an oath obligating himself to
21-31 faithfully and impartially perform the duties of that
21-32 member's office, such oath to be prescribed by ordinance and
21-33 administered by the mayor.
21-34 (g) All board members serve at will and may be removed at
21-35 any time by a vote of three members of the city council
21-36 unless otherwise provided by law.
21-37 (h) Except as otherwise provided by this charter or by law,
21-38 each board, commission or authority of the city shall elect
21-39 one of its members as chair and one member as vice-chair,
21-40 and may elect as its secretary one of its own members or may
21-41 appoint as secretary an employee of the city. Each board,
-21-
22- 1 commission or authority of the city government may establish
22- 2 such bylaws, rules and regulations, not inconsistent with
22- 3 this charter, ordinances of the city, or law, as it deems
22- 4 appropriate and necessary for the fulfillment of its duties
22- 5 or the conduct of its affairs. Copies of such bylaws, rules
22- 6 and regulations shall be filed with the clerk of the city.
22- 7 SECTION 3.12.
22- 8 City attorney.
22- 9 At the first regular meeting of the city council in each
22-10 year, the mayor, with the approval of the city council,
22-11 shall appoint a city attorney, together with such assistant
22-12 city attorneys as may be authorized, and shall provide for
22-13 the payment of such attorney or attorneys for services
22-14 rendered to the city. The city attorney shall be
22-15 responsible for providing for the representation and defense
22-16 of the city in all litigation in which the city is a party;
22-17 may be the prosecuting officer in the municipal court; shall
22-18 attend the meetings of the council as directed; shall advise
22-19 the city council, mayor, and other officers and employees of
22-20 the city concerning legal aspects of the city's affairs; and
22-21 shall perform such other duties as may be required by virtue
22-22 of the person's position as city attorney.
22-23 SECTION 3.13.
22-24 At the first regular meeting of the city council in each
22-25 year, the mayor, with the approval of the city council,
22-26 shall appoint a city clerk who shall not be a councilmember.
22-27 The city clerk shall be custodian of the official city seal
22-28 and city records; maintain city council records required by
22-29 this charter; and perform such other duties as may be
22-30 required by the city council. Copies of all papers filed in
22-31 the office of the city clerk and transcripts of the records
22-32 of the city council and of the recorder's court certified by
22-33 the clerk under the corporate seal of the City of Berkeley
22-34 Lake shall be evidence in all courts as if the original was
22-35 produced.
22-36 SECTION 3.14.
22-37 City treasurer.
22-38 At the first regular meeting of the city council in each
22-39 year, the mayor, with the approval of the city council,
22-40 shall appoint a city treasurer who shall not be a
22-41 councilmember. The city treasurer may be the same person as
22-42 the city clerk. The city treasurer shall be a practical
-22-
23- 1 bookkeeper, shall keep the city's financial records, shall
23- 2 be the official tax collector of the city, and perform such
23- 3 other duties as may be required by the city council.
23- 4 SECTION 3.15.
23- 5 Position classification and pay plans.
23- 6 The mayor shall be responsible for the preparation of a
23- 7 position classification and pay plan which shall be
23- 8 submitted to the city council for approval. Such plan may
23- 9 apply to all employees of the city and any of its agencies,
23-10 departments, boards, commissions, or authorities. When a
23-11 pay plan has been adopted, the city council shall not
23-12 increase or decrease the salary range applicable to any
23-13 position except by amendment of such pay plan. For purposes
23-14 of this section, all elected and appointed city officials
23-15 are not city employees.
23-16 SECTION 3.16.
23-17 Personnel policies.
23-18 All employees serve at will and may be removed from office
23-19 at any time unless otherwise provided by ordinance.
23-20 JUDICIAL BRANCH
23-21 SECTION 4.10.
23-22 Creation; name.
23-23 There shall be a court to be known as the Municipal Court of
23-24 the City of Berkeley Lake.
23-25 SECTION 4.11.
23-26 Chief judge; associate judge.
23-27 (a) The municipal court shall be presided over by a
23-28 part-time or full-time chief judge and such part-time,
23-29 full-time, or stand-by judges as shall be provided by
23-30 ordinance. Terms of office shall be one year.
23-31 (b) No person shall be qualified or eligible to serve as a
23-32 judge on the municipal court unless that person shall have
23-33 attained the age of 21 years, shall be a member of the State
23-34 Bar of Georgia and shall possess all qualifications required
23-35 by law. All judges shall be appointed by the mayor with
23-36 city council approval and shall serve until a successor is
23-37 appointed and qualified.
23-38 (c) Compensation of the judges shall be fixed by ordinance.
-23-
24- 1 (d) Judges serve at will and may be removed from office at
24- 2 any time by the city council unless otherwise provided by
24- 3 ordinance.
24- 4 (e) Before assuming office, each judge shall take an oath,
24- 5 given by the mayor or city attorney, that the judge will
24- 6 honestly and faithfully discharge the duties of the office
24- 7 to the best of that person's ability and without fear, favor
24- 8 or partiality. The oath shall be entered upon the minutes
24- 9 of the city council journal required in Section 2.20 of this
24-10 charter.
24-11 SECTION 4.12.
24-12 The municipal court shall be convened at such times as
24-13 designated by ordinance or as deemed necessary to keep
24-14 current the dockets thereof.
24-15 SECTION 4.13.
24-16 Jurisdiction; powers.
24-17 (a) The municipal court shall try and punish violations of
24-18 this charter, all city ordinances, and such other violations
24-19 as provided by law.
24-20 (b) The municipal court shall have authority to punish those
24-21 in its presence for contempt, provided that such punishment
24-22 shall not exceed $200.00 or ten days in jail.
24-23 (c) The municipal court may fix punishment for offenses
24-24 within its jurisdiction not exceeding a fine of $500.00 or
24-25 imprisonment for 60 days or both such fine and imprisonment
24-26 or may fix punishment by fine, imprisonment, or alternative
24-27 sentencing as now, or hereafter provided by law.
24-28 (d) The municipal court shall have authority to establish a
24-29 schedule of fees to defray the cost of operation, and shall
24-30 be entitled to reimbursement of the cost of meals,
24-31 transportation, and caretaking of prisoners bound over to
24-32 superior courts for violations of state law.
24-33 (e) The municipal court shall have authority to establish
24-34 bail and recognizances to ensure the presence of those
24-35 charged with violations before said court, and shall have
24-36 discretionary authority to accept cash or personal or real
24-37 property as surety for the appearance of persons charged
24-38 with violations. Whenever any person shall give bail for
24-39 that person's appearance and shall fail to appear at the
24-40 time fixed for trial, the bond shall be forfeited by the
-24-
25- 1 judge presiding at such time, and an execution issued
25- 2 thereon by serving the defendant and the defendant's
25- 3 sureties with a rule nisi, at least two days before a
25- 4 hearing on the rule nisi. In the event that cash or
25- 5 property is accepted in lieu of bond for security for the
25- 6 appearance of a defendant at trial, and if such defendant
25- 7 fails to appear at the time and place fixed for trial, the
25- 8 cash so deposited shall be on order of the judge declared
25- 9 forfeited to the city, or the property so deposited shall
25-10 have a lien against it for the value forfeited which lien
25-11 shall be enforceable in the same manner and to the same
25-12 extent as a lien for city property taxes.
25-13 (f) The municipal court shall have the same authority as
25-14 superior courts to compel the production of evidence in the
25-15 possession of any party; to enforce obedience to its orders,
25-16 judgments, and sentences; and to administer such oaths as
25-17 are necessary.
25-18 (g) The municipal court may compel the presence of all
25-19 parties necessary to a proper disposal of each case by the
25-20 issuance of summonses, subpoenas, and warrants which may be
25-21 served as executed by any officer as authorized by this
25-22 charter or by law.
25-23 (h) Each judge of the municipal court shall be authorized to
25-24 issue warrants for the arrest of persons charged with
25-25 offenses against any ordinance of the city, and each judge
25-26 of the municipal court shall have the same authority as a
25-27 magistrate of the state to issue warrants for offenses
25-28 against state laws committed within the city.
25-29 SECTION 4.14.
25-30 The right of certiorari from the decision and judgment of
25-31 the municipal court shall exist in all criminal cases and
25-32 ordinance violation cases, and such certiorari shall be
25-33 obtained under the sanction of a judge of the Superior Court
25-34 of Gwinnett County under the laws of the State of Georgia
25-35 regulating the granting and issuance of writs of certiorari.
25-36 SECTION 4.15.
25-37 Rules for court.
25-38 With the approval of the city council, the judge shall have
25-39 full power and authority to make reasonable rules and
25-40 regulations necessary and proper to secure the efficient and
25-41 successful administration of the municipal court; provided,
-25-
26- 1 however, that the city council may adopt in part or in toto
26- 2 the rules and regulations applicable to municipal courts.
26- 3 The rules and regulations made or adopted shall be filed
26- 4 with the city clerk, shall be available for public
26- 5 inspection, and, upon request, a copy shall be furnished to
26- 6 all defendants in municipal court proceedings at least 48
26- 7 hours prior to said proceedings.
26- 8 ELECTIONS AND REMOVAL
26- 9 SECTION 5.10.
26-10 Applicability of general law.
26-11 All primaries and elections shall be held and conducted in
26-12 accordance with Chapter 2 of Title 21 of the O.C.G.A., the
26-13 "Georgia Election Code," as now or hereafter amended.
26-14 SECTION 5.11.
26-15 Regular elections; time for holding.
26-16 In odd-numbered years, on the Tuesday next following the
26-17 first Monday in November there shall be an election for the
26-18 mayor and the city council.
26-19 SECTION 5.12.
26-20 Nonpartisan elections.
26-21 Political parties shall not conduct primaries for city
26-22 offices and all names of candidates for city offices shall
26-23 be listed without party designations.
26-24 SECTION 5.13.
26-25 Election by plurality.
26-26 The person receiving a plurality of the votes cast for any
26-27 city office shall be elected.
26-28 SECTION 5.14.
26-29 Other provisions.
26-30 Except as otherwise provided by this charter, the city
26-31 council shall, by ordinance, prescribe such rules and
26-32 regulations it deems appropriate to fulfill any options and
26-33 duties under Chapter 2 of Title 21 of the O.C.G.A., the
26-34 "Georgia Election Code."
26-35 SECTION 5.15.
26-36 Removal of officers.
26-37 (a) The mayor, councilmembers, or other appointed officers
26-38 provided for in this charter shall be removed from office
-26-
27- 1 for any one or more of the causes provided in Title 45 of
27- 2 the O.C.G.A., or such other applicable laws as are or may
27- 3 hereafter be enacted.
27- 4 (b) Removal of an officer pursuant to subsection (a) of this
27- 5 section shall be accomplished by one of the following
27- 6 methods:
27- 7 (1) Following a hearing at which an impartial panel
27- 8 shall render a decision. In the event an elected
27- 9 officer is sought to be removed by the action of the
27-10 city council, such officer shall be entitled to a
27-11 written notice specifying the ground or grounds for
27-12 removal and to a public hearing which shall be held not
27-13 less than ten days after the service of such written
27-14 notice. The city council shall provide by ordinance for
27-15 the manner in which such hearings shall be held. Any
27-16 elected officer sought to be removed from office as
27-17 herein provided shall have the right of appeal from the
27-18 decision of the city council to the Superior Court of
27-19 Gwinnett County. Such appeal shall be governed by the
27-20 same rules as govern appeals to the superior court from
27-21 the probate court; or
27-22 (2) By an order of the Superior Court of Gwinnett County
27-23 following a hearing on a complaint seeking such removal
27-24 brought by any resident of the City of Berkeley Lake.
27-25 SECTION 6.10.
27-26 Property tax.
27-27 The city council may assess, levy and collect an ad valorem
27-28 tax on all real and personal property within the corporate
27-29 limits of the city that is subject to such taxation by the
27-30 state and county. This tax is for the purpose of raising
27-31 revenues to defray the costs of operating the city
27-32 government, of providing governmental services, for the
27-33 repayment of principal and interest on general obligations,
27-34 and for any other public purpose as determined by the city
27-35 council in its discretion.
27-36 SECTION 6.11.
27-37 Millage rate; due dates; payment methods.
27-38 The city council, by ordinance, shall establish a millage
27-39 rate for the city property tax, a due date, and the time
27-40 period within which these taxes must be paid. The city
-27-
28- 1 council, by ordinance, may provide for the payment of these
28- 2 taxes by installments or in one lump sum, as well as
28- 3 authorize the voluntary payment of taxes prior to the time
28- 4 when due.
28- 5 SECTION 6.12.
28- 6 Occupation and business taxes.
28- 7 The city council by ordinance shall have the power to levy
28- 8 such occupation or business taxes as are not denied by law.
28- 9 The city council may classify businesses, occupations or
28-10 professions for the purpose of such taxation in any way
28-11 which may be lawful and may compel the payment of such taxes
28-12 as provided in Section 6.18 of this chapter.
28-13 SECTION 6.13.
28-14 Regulatory fees; permits.
28-15 The city council by ordinance shall have the power to
28-16 require businesses or practitioners doing business within
28-17 this city to obtain a permit for such activity from the city
28-18 and pay a reasonable regulatory fee for such permit as
28-19 provided by general law. Such fees shall reflect the total
28-20 cost to the city of regulating the activity, and if unpaid,
28-21 shall be collected as provided in Section 6.18 of this
28-22 charter.
28-23 SECTION 6.14.
28-24 (a) The city council shall have the power to grant
28-25 franchises for the use of this city's streets and alleys
28-26 for the purposes of railroads, street railways, telephone
28-27 companies, electric companies, electric membership
28-28 corporations, cable television and other telecommunications
28-29 companies, gas companies, transportation companies and other
28-30 similar organizations. The city council shall determine the
28-31 duration, terms, whether the same shall be exclusive or
28-32 nonexclusive, and the consideration for such franchises;
28-33 provided, however, no franchise shall be granted for a
28-34 period in excess of 35 years and no franchise shall be
28-35 granted unless the city receives just and adequate
28-36 compensation therefor. The city council shall provide for
28-37 the registration of all franchises with the city clerk in a
28-38 registration book kept by the clerk. The city council may
28-39 provide by ordinance for the registration within a
28-40 reasonable time of all franchises previously granted.
-28-
29- 1 (b) If no franchise agreement is in effect, the city council
29- 2 has the authority to impose a tax on gross receipts for the
29- 3 use of this city's streets and alleys for the purposes of
29- 4 railroads, street railways, telephone companies, electric
29- 5 companies, electric membership corporations, cable
29- 6 television and other telecommunications companies, gas
29- 7 companies, transportation companies and other similar
29- 8 organizations.
29- 9 SECTION 6.15.
29-10 Service charges.
29-11 The city council by ordinance shall have the power to assess
29-12 and collect fees, charges, and tolls for sewers, sanitary
29-13 and health services, or any other services provided or made
29-14 available within and without the corporate limits of the
29-15 city for the total cost to the city of providing or making
29-16 available such services. If unpaid, such charges shall be
29-17 collected as provided in Section 6.18 of this charter.
29-18 SECTION 6.16.
29-19 Special assessments.
29-20 The city council by ordinance shall have the power to assess
29-21 and collect the cost of constructing, reconstructing,
29-22 widening, or improving any public way, street, sidewalk,
29-23 curbing, gutters, sewers, or other utility mains and
29-24 appurtenances from the abutting property owners under such
29-25 terms and conditions as are reasonable. If unpaid, such
29-26 charges shall be collected as provided in Section 6.18 of
29-27 this charter.
29-28 SECTION 6.17.
29-29 Construction; other taxes and fees.
29-30 This city shall be empowered to levy any other tax or fee
29-31 allowed now or hereafter by law, and the specific mention of
29-32 any right, power or authority in this article shall not be
29-33 construed as limiting in any way the general powers of this
29-34 city to govern its local affairs.
29-35 SECTION 6.18.
29-36 Collection of delinquent taxes and fees.
29-37 The city council, by ordinance, may provide generally for
29-38 the collection of delinquent taxes, fees, or other revenue
29-39 due the city under Sections 6.10 through 6.17 of this
29-40 charter by whatever reasonable means as are not precluded by
29-41 law. This shall include providing for the dates when the
29-42 taxes or fees are due; late penalties or interest; issuance
-29-
30- 1 and execution of fi. fas.; creation and priority of liens;
30- 2 making delinquent taxes and fees personal debts of the
30- 3 persons required to pay the taxes or fees imposed; revoking
30- 4 city permits for failure to pay any city taxes or fees; and
30- 5 providing for the assignment or transfer of tax executions.
30- 6 SECTION 6.19.
30- 7 General obligation bonds.
30- 8 The city council shall have the power to issue bonds for the
30- 9 purpose of raising revenue to carry out any project, program
30-10 or venture authorized under this charter or the laws of the
30-11 state. Such bonding authority shall be exercised in
30-12 accordance with the laws governing bond issuance by
30-13 municipalities in effect at the time said issue is
30-14 undertaken.
30-15 SECTION 6.20.
30-16 Revenue bonds.
30-17 Revenue bonds may be issued by the city council as state law
30-18 now or hereafter provides. Such bonds are to be paid out of
30-19 any revenue produced by the project, program or venture for
30-20 which they were issued.
30-21 SECTION 6.21.
30-22 Short-term loans.
30-23 The city may obtain short-term loans and must repay such
30-24 loans not later than December 31 of each year, unless
30-25 otherwise provided by law.
30-26 SECTION 6.22.
30-27 Lease-purchase contracts.
30-28 The city may enter into multiyear lease, purchase or lease
30-29 purchase contracts for the acquisition of goods, materials,
30-30 real and personal property, services, and supplies provided
30-31 the contract terminates without further obligation on the
30-32 part of the municipality at the close of the calendar year
30-33 in which it was executed and at the close of each succeeding
30-34 calendar year for which it may be renewed. Contracts must
30-35 be executed in accordance with the requirements of Code
30-36 Section 36-60-13 of the O.C.G.A., or other such applicable
30-37 laws as are or may hereafter be enacted.
30-38 SECTION 6.23.
30-39 The city council shall set the fiscal year by ordinance.
30-40 This fiscal year shall constitute the budget year and the
-30-
31- 1 year for financial accounting and reporting of each and
31- 2 every office, department, agency, and activity of the city
31- 3 government.
31- 4 SECTION 6.24.
31- 5 Preparation of budgets.
31- 6 The city council shall provide an ordinance on the
31- 7 procedures and requirements for the preparation and
31- 8 execution of an annual operating budget, a capital
31- 9 improvement plan and a capital budget, including
31-10 requirements as to the scope, content and form of such
31-11 budgets and plans.
31-12 SECTION 6.25.
31-13 Submission of operating budget to city council.
31-14 On or before a date fixed by the city council but not later
31-15 than 60 days prior to the beginning of each fiscal year, the
31-16 mayor shall submit to the city council a proposed operating
31-17 budget for the ensuing fiscal year. The budget shall be
31-18 accompanied by a message from the mayor containing a
31-19 statement of the general fiscal policies of the city, the
31-20 important features of the budget, explanations of major
31-21 changes recommended for the next fiscal year, a general
31-22 summary of the budget, and such other pertinent comments and
31-23 information. The operating budget and the capital budget
31-24 hereinafter provided for, the budget message, and all
31-25 supporting documents shall be filed in the office of the
31-26 city clerk and shall be open to public inspection.
31-27 SECTION 6.26.
31-28 Action by city council on budget.
31-29 (a) The city council may amend the operating budget proposed
31-30 by the mayor; except, that the budget as finally amended and
31-31 adopted must provide for all expenditures required by state
31-32 law or by other provisions of this charter and for all debt
31-33 service requirements for the ensuing fiscal year, and the
31-34 total appropriations from any fund shall not exceed the
31-35 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 30 days prior to the beginning of the ensuing fiscal year.
31-39 If the city council fails to adopt the budget by this date,
31-40 the amounts appropriated for operation for the current
31-41 fiscal year shall be deemed adopted for the ensuing fiscal
31-42 year on a month-to-month basis, with all items prorated
-31-
32- 1 accordingly until such time as the city council adopts a
32- 2 budget for the ensuing fiscal year. Adoption of the budget
32- 3 shall take the form of an appropriations ordinance setting
32- 4 out the estimated revenues in detail by sources and making
32- 5 appropriations according to fund and by organizational unit,
32- 6 purpose, or activity as set out in the budget preparation
32- 7 ordinance adopted pursuant to Section 6.24 of this charter.
32- 8 (c) The amount set out in the adopted operating budget for
32- 9 each organizational unit shall constitute the annual
32-10 appropriation for such, and no expenditure shall be made or
32-11 encumbrance created in excess of the otherwise unencumbered
32-12 balance of the appropriations or allotment thereof, to which
32-13 it is chargeable.
32-14 SECTION 6.27.
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 reserves,
32-20 to equal the total amount appropriated for each of the
32-21 several funds set forth in the annual operating budget for
32-22 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, special or emergency meeting called for
32-29 such purpose, but any additional appropriations may be made
32-30 only from an existing unexpended surplus.
32-31 SECTION 6.29.
32-32 Capital budget.
32-33 (a) On or before the date fixed by the city council but no
32-34 later than 60 days prior to the beginning of each fiscal
32-35 year, the mayor may submit to the city council a proposed
32-36 capital improvements plan for a period of five fiscal years
32-37 or less with a recommended capital budget containing the
32-38 means of financing the improvements proposed for the ensuing
32-39 fiscal year(s). The city council shall have power to
32-40 accept, with or without amendments, or reject the proposed
32-41 plan and proposed budget. The city council shall not
-32-
33- 1 authorize an expenditure for the construction of any
33- 2 building, structure, work or improvement, unless the
33- 3 appropriations for such project are included in the capital
33- 4 budget, except to meet a public emergency as provided in
33- 5 Section 2.24 of this charter.
33- 6 (b) The city council shall adopt by ordinance the final
33- 7 capital budget for the ensuing fiscal year not later than 30
33- 8 days prior to the ensuing fiscal year. No appropriation
33- 9 provided for in a prior capital budget shall lapse until the
33-10 purpose for which the appropriation was made shall have been
33-11 accomplished or abandoned; provided, however, the mayor may
33-12 submit amendments to the capital budget at any time during
33-13 the fiscal year, accompanied by recommendations. Any such
33-14 amendments to the capital budget shall become effective only
33-15 upon adoption by ordinance.
33-16 SECTION 6.30.
33-17 Independent audit.
33-18 There shall be an annual independent audit of all city
33-19 accounts, funds and financial transactions by a certified
33-20 public accountant selected by the city council. The audit
33-21 shall be conducted according to generally accepted auditing
33-22 principles. Any audit of any funds by the state or federal
33-23 governments may be accepted as satisfying the requirements
33-24 of this charter. Copies of annual audit reports shall be
33-25 available at printing costs to the public.
33-26 SECTION 6.31.
33-27 Contracting procedures.
33-28 No contract with the city shall be binding on the city
33-29 unless:
33-30 (1) It is in writing;
33-31 (2) It is drawn by or submitted and reviewed by the city
33-32 attorney, and as a matter of course, is signed by the
33-33 city attorney to indicate such drafting or review; and
33-34 (3) It is made or authorized by the city council and
33-35 such approval is entered in the city council journal of
33-36 proceedings pursuant to Section 2.20 of this charter.
33-37 SECTION 6.32.
33-38 Centralized purchasing.
33-39 The city council shall by ordinance prescribe procedures for
33-40 a system of centralized purchasing for the city.
-33-
34- 1 SECTION 6.33.
34- 2 Sale and lease of city 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
34-15 or 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 enjoyment of the highest and best
34-21 use of the abutting owner's property. Included in the sales
34-22 contract shall be a provision for the rights of way of said
34-23 street, avenue, alley or public place. Each abutting
34-24 property owner shall be notified of the availability of the
34-25 property and given the opportunity to purchase said property
34-26 under such terms and conditions as set out by ordinance.
34-27 All deeds and conveyances heretofore and hereafter so
34-28 executed and delivered shall convey all title and interest
34-29 the city has in such property, notwithstanding the fact that
34-30 no 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 elective and
34-35 appointive, 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 Existing ordinances, resolutions, rules and regulations.
35- 3 Existing ordinances, resolutions, rules and regulations of
35- 4 this city not in conflict with this charter shall continue
35- 5 in force, unless repealed or amended, for two years from the
35- 6 effective date of this charter. During such two-year
35- 7 period, the city council shall review all such provisions
35- 8 and shall readopt, repeal or amend each, so that a
35- 9 codification as provided by Section 2.26(b) of this charter
35-10 is accomplished.
35-11 SECTION 7.12.
35-12 Existing personnel and officers.
35-13 Except as specifically provided otherwise by this charter,
35-14 all personnel and officers of the city and their rights,
35-15 privileges and powers shall continue beyond the time this
35-16 charter takes effect for a period of 60 days before or
35-17 during which the existing city council shall pass a
35-18 transition ordinance detailing the changes in personnel and
35-19 appointive officers required or desired and arranging such
35-20 titles, rights, privileges and powers as may be required or
35-21 desired to allow a reasonable transition.
35-22 SECTION 7.13.
35-23 Pending matters.
35-24 Except as specifically provided otherwise by this charter,
35-25 all rights, claims, actions, orders, contracts and legal or
35-26 administrative proceedings shall continue and any such
35-27 ongoing work or cases shall be completed by such city
35-28 agencies, personnel or offices as may be provided by the
35-29 city council.
35-30 SECTION 7.14.
35-31 Construction.
35-32 (a) Section captions in this charter are informative only
35-33 and are not to be considered as a part thereof.
35-34 (b) The word "shall" is mandatory and the word "may" is
35-35 permissive.
35-36 (c) The singular shall include the plural, the masculine
35-37 shall include the feminine, and vice versa.
-35-
36- 1 SECTION 7.15.
36- 2 Specific repealer.
36- 3 An Act incorporating the City of Berkeley Lake in the County
36- 4 of Gwinnett, approved April 17, 1975 (Ga. L. 1975, p. 3272),
36- 5 is hereby repealed in its entirety and all amendatory acts
36- 6 thereto are likewise repealed in their entirety.
36- 7 SECTION 7.16.
36- 8 Effective date.
36- 9 This Act shall become effective upon its approval by the
36-10 Governor or upon its becoming law without such approval.
36-11 SECTION 7.17.
36-12 All laws and parts of laws in conflict with this Act are
36-13 repealed.
-36-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/19/99
