06 LC 18
4507S/AP
House
Bill 816 (AS PASSED HOUSE AND SENATE)
By:
Representatives Maddox of the
172nd
and Keown of the
173rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
reincorporate and provide a new charter for the City of Cairo in Grady County,
Georgia; to provide for boundaries and powers of the city; to provide for a
governing authority of such city and the powers, duties, authority, election,
terms, method of filling vacancies, compensation, qualifications, prohibitions,
and removal from office relative to members of such governing authority; to
provide for inquiries and investigations; to provide for organization and
procedures; to provide for ordinances and codes; to provide for the office of
mayor and certain duties and powers relative to the office of mayor; to provide
for administrative responsibilities; to provide for boards, commissions, and
authorities; to provide for a city attorney, a city clerk, a city manager, and
other personnel; to provide for rules and regulations; to provide for a
municipal court and the judge or judges thereof; to provide for practices and
procedures; to provide for taxation and fees; to provide for franchises, service
charges, and assessments; to provide for bonded and other indebtedness; to
provide for accounting and budgeting; to provide for purchases; to provide for
the sale of property; to provide for bonds for officials; to provide for eminent
domain; to provide for penalties; to provide for definitions and construction;
to provide for other matters relative to the foregoing; to repeal a specific
Act; to provide for submission of this Act for preclearance under the federal
Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I
INCORPORATION AND POWERS
SECTION 1.10.
Incorporation.
INCORPORATION AND POWERS
SECTION 1.10.
Incorporation.
The
City of Cairo in Grady County is reincorporated by the enactment of this charter
and is constituted and declared to be a body politic and corporate under the
name of the "City of Cairo." References in this charter to "the city" or "this
city" refer to the City of Cairo. The city shall have perpetual existence.
SECTION
1.11.
Corporate boundaries.
Corporate boundaries.
(a)
The boundaries of this city shall be those existing on the effective date of
this charter with such alterations as may be made from time to time by local law
or in a manner provided by general state law. The boundaries of this city at all
times shall be shown on a map, a written description, or any combination
thereof, to be retained permanently in the office of the city clerk of the city
and to be designated, as the case may be: "Official Map or Description of the
Corporate Limits of the City of Cairo, Georgia." Photographic, typed, or other
copies of such map or description certified by the city clerk shall be admitted
as evidence in all courts and shall have the same force and effect as the
original map or description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace but such earlier maps shall be retained in the office of the city clerk.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace but such earlier maps shall be retained in the office of the city clerk.
SECTION
1.12.
Municipal powers.
Municipal powers.
(a)
This city shall have all powers possible for a city to have under the present or
future Constitution and laws of this state as fully and completely as though
they were specifically enumerated in this charter. This city shall have all the
powers of self-government not otherwise prohibited by this charter or by general
law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1)
Air and water pollution. To regulate the emission of smoke or other exhaust
which pollutes the air and to prevent the pollution of natural streams which
flow within the corporate limits of the city;
(2)
Animal regulations. To regulate and license or to prohibit the keeping or
running at large of animals and fowl and to provide for the impoundment of same
if in violation of any ordinance or lawful order; to provide for the disposition
by sale, gift, or humane destruction of animals and fowl when not redeemed as
provided by ordinance; and to provide punishment for violation of ordinances
enacted under this paragraph;
(3)
Appropriations and expenditures. To make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes
authorized by this charter and for any purpose for which a municipality is
authorized by the laws of the State of Georgia; and to provide for the payment
of expenses of this city;
(4)
Building regulations. To regulate and to license the erection and construction
of buildings and all other structures; to adopt building, housing, plumbing,
electrical, gas, and heating and air conditioning codes; and to regulate all
housing and building trades;
(5)
Business regulation and taxation. To levy and to provide for the collection of
license fees and taxes on privileges, occupations, trades, and professions; to
license and regulate the same; to provide for the manner and method of payment
of such licenses and taxes; and to revoke such licenses after due process for
the failure to pay any city taxes or fees;
(6)
Condemnation. To condemn property, inside or outside the corporate limits of the
city, for present or future use and for any corporate purpose deemed necessary
by the governing authority, utilizing procedures enumerated in Title 22 of the
O. C. G .A. or such other laws as are or may hereafter be enacted;
(7)
Contracts. To enter into contracts and agreements with other governments and
entities and with private persons, firms, and corporations;
(8)
Emergencies. To establish procedures for determining and proclaiming that an
emergency situation exists inside or outside the city and to make and carry out
all reasonable provisions deemed necessary to deal with or meet such an
emergency for the protection, safety, health, or well-being of the citizens of
the city;
(9)
Fire regulations. To fix and establish fire limits and from time to time extend,
enlarge, or restrict the same; to prescribe fire safety regulations, not
inconsistent with general law relating to both fire prevention and detection and
to fire fighting; and to prescribe penalties and punishment for violations
thereof;
(10)
Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash
collection and disposal and other sanitary service charge, tax, or fee for such
services as may be necessary in the operation of the city from all individuals,
firms, and corporations residing in or doing business within the city and
benefiting from such services; to enforce the payment of such charges, taxes, or
fees; and to provide for the manner and method of collecting such service
charges;
(11)
General health, safety, and welfare. To define, regulate, or prohibit any act,
practice, conduct, or use of property which is detrimental to the health,
sanitation, cleanliness, welfare, and safety of the inhabitants of the city and
to provide for the enforcement of such standards;
(12)
Gifts. To accept or refuse gifts, donations, bequests, or grants from any source
for any purpose related to the powers and duties of the city and the general
welfare of its citizens on such terms and conditions as the donor or grantor may
impose;
(13)
Health and sanitation. To prescribe standards of health and sanitation within
the city and to provide for the enforcement of such standards;
(14)
Jail sentences. To provide that persons given jail sentences in the
citýs
court may work out such sentences in any public works or on the streets, roads,
drains, and squares in the city; to provide for the commitment of such persons
to any jail; or to provide for the commitment of such persons to any county work
camp or county jail by agreement with the appropriate county officials;
(15)
Motor vehicles. To regulate the operation of motor vehicles and exercise control
over all traffic, including parking, upon or across the streets, roads, alleys,
and walkways of the city;
(16)
Municipal agencies and delegation of power. To create, alter, or abolish
departments, boards, offices, commissions, and agencies of the city and to
confer upon such agencies the necessary and appropriate authority for carrying
out all the powers conferred upon or delegated to the same;
(17)
Municipal debts. To appropriate and borrow money for the payment of debts of the
city and to issue bonds for the purpose of raising revenue to carry out any
project, program, or venture authorized by this charter or the laws of the State
of Georgia;
(18)
Municipal property ownership. To acquire, dispose of, and hold in trust or
otherwise any real, personal, or mixed property, in fee simple or lesser
interest, inside or outside the property limits of the city;
(19)
Municipal property protection. To provide for the preservation and protection of
property and equipment of the city and the administration and use of same by the
public; and to prescribe penalties and punishment for violations thereof;
(20)
Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and
dispose of public utilities, including, but not limited to, a system of
waterworks, sewers and drains, sewage disposal, gas works, electric light
plants, transportation facilities, public airports, information/communication
transmission systems, and any other public utility; and to fix the taxes,
charges, rates, fares, fees, assessments, regulations, and penalties, and to
provide for the withdrawal of service for refusal or failure to pay the same;
and to authorize the extension of water, sewerage, electrical, and communication
distribution systems, and all necessary appurtenances by which said utilities
are distributed, inside and outside the corporate limits of the city; and to
provide utility services to persons, firms, and corporations inside and outside
the corporate limits of the city as provided by ordinance;
(21)
Nuisances. To define a nuisance and provide for its abatement whether on public
or private property;
(22)
Penalties. To provide penalties for violation of any ordinances adopted pursuant
to the authority of this charter and the laws of the State of Georgia;
(23)
Planning and zoning. To provide comprehensive city planning for development by
zoning and to provide subdivision regulation and the like as the city council
deems necessary and reasonable to ensure a safe, healthy, and esthetically
pleasing community;
(24)
Police and fire protection. To exercise the power of arrest through duly
appointed police officers and to establish, operate, or contract for a police
and a fire-fighting agency;
(25)
Public hazards; removal. To provide for the destruction and removal of any
building or other structure which is or may become dangerous or detrimental to
the public;
(26)
Public improvements. To provide for the acquisition, construction, building,
operation, and maintenance of public ways, parks, playgrounds, recreational
facilities, cemeteries, markets and market houses, public buildings, libraries,
public housing, airports, hospitals, terminals, docks, parking facilities, or
charitable, cultural, educational, recreational, conservation, sport, curative,
corrective, detention, penal, and medical institutions, agencies, and
facilities; to provide any other public improvements inside or outside the
corporate limits of the city; to regulate the use of public improvements; and,
for such purposes, property may be acquired by condemnation under Title 22 of
the O.C.G.A. or such other applicable laws as are or may hereafter be enacted;
(27)
Public peace. To provide for the prevention and punishment of drunkenness,
riots, and public disturbances;
(28)
Public transportation. To organize and operate or contract for such public
transportation systems as are deemed beneficial;
(29)
Public utilities and services. To grant franchises or make contracts for public
utilities and public services and to prescribe the rates, fares, regulations,
and the standards and conditions of service applicable to the service to be
provided by the franchise grantee or contractor, insofar as not in conflict with
valid regulations of the Public Service Commission;
(30)
Regulation of roadside areas. To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings,
and any and all other structures or obstructions upon or adjacent to the rights
of way of streets and roads or within view thereof, inside or abutting the
corporate limits of the city; and to prescribe penalties and punishment for
violation of such ordinances;
(31)
Retirement. To provide and maintain a retirement plan for officers and employees
of the city;
(32)
Roadways. To lay out, open, extend, widen, narrow, establish or change the grade
of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or
otherwise improve, maintain, repair, clean, prevent erosion of, and light the
roads, alleys, and walkways within the corporate limits of the city; and to
negotiate and execute leases over, through, under, or across any city property
or the right of way of any street, road, alley, and walkway or portion thereof
within the corporate limits of the city, for bridges, passageways, or any other
purpose or use between buildings on opposite sides of the street and for other
bridges, overpasses, and underpasses for private use at such location and to
charge a rental therefor in such manner as may be provided by ordinance; and to
authorize and control the construction of bridges, overpasses, and underpasses
within the corporate limits of the city; and to grant franchises and rights of
way throughout the streets and roads and over the bridges and viaducts for the
use of public utilities and for private use; and to require real estate owners
to repair and maintain in a safe condition the sidewalks adjoining their lots or
lands and to impose penalties for failure to do so;
(33)
Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the
acquiring, constructing, equipping, operating, maintaining, and extending of a
sewage disposal plant and sewerage system; to levy on those to whom sewers and
sewerage systems are made available a sewer service fee, charge, or tax for the
availability or use of the sewers; to provide for the manner and method of
collecting such service charge; and to impose and collect a sewer connection fee
or fees to those connected with the system;
(34)
Solid waste disposal. To provide for the collection and disposal of garbage,
rubbish, and refuse and to regulate the collection and disposal of garbage,
rubbish, and refuse by others; and to provide for the separate collection of
glass, tin, aluminum, cardboard, paper, and other recyclable materials and
provide for the sale of such items;
(35)
Special areas of public regulation. To regulate or prohibit junk dealers, pawn
shops, the manufacture, sale, or transportation of intoxicating liquors, and the
use and sale of firearms; to regulate the transportation, storage, and use of
combustible, explosive, and inflammable materials, the use of lighting and
heating equipment, and any other business or situation which may be dangerous to
persons or property; to regulate and control the conduct of peddlers and
itinerant traders, theatrical performances, exhibitions, and shows of any kind,
by taxing or otherwise; and to license, tax, regulate, or prohibit professional
fortunetelling, palmistry, adult bookstores, and massage parlors;
(36)
Special assessments. To levy and provide for the collection of special
assessments to cover the costs of any public improvement;
(37)
Ad valorem taxes. To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to taxation;
(38)
Other taxes. To levy and collect such other taxes as may be allowed now or in
the future by law;
(39)
Taxicabs. To regulate and license vehicles operated for hire in the city; to
limit the number of such vehicles; to require the operators thereof to be
licensed; to require public liability insurance on such vehicles in the amounts
to be prescribed by ordinance; and to regulate the parking of such vehicles;
(40)
Urban redevelopment. To organize and operate an urban redevelopment program; and
(41)
Other Powers. To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or protect the
safety, health, peace, security, good order, comfort, convenience, or general
welfare of the city and its inhabitants; to exercise all implied powers
necessary to carry into execution all powers granted in this charter as fully
and completely as if such powers were fully stated in this charter; and to
exercise all powers now or in the future authorized to be exercised by other
municipal governments under other laws of the State of Georgia; and no listing
of particular powers in this charter shall be held to be exclusive of others,
nor restrictive of general words and phrases granting powers, but shall be held
to be in addition to such powers unless expressly prohibited to municipalities
under the Constitution or applicable laws of the State of Georgia.
SECTION
1.13.
Exercise of powers.
Exercise of powers.
All
powers, functions, rights, privileges, and immunities of the city, its officers,
agencies, or employees shall be carried into execution as provided by this
charter. If this charter makes no provision, such shall be carried into
execution as provided by ordinance or as provided by pertinent laws of the State
of Georgia.
ARTICLE
II
GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10.
City council creation; composition; number; election.
GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10.
City council creation; composition; number; election.
(a)
The legislative authority of the government of this city, except as otherwise
specifically provided in this charter, shall be vested in a city council to be
composed of a mayor and five councilmembers.
(b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers. Each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No persońs name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of the city that he or she desires his or her name to be placed on the ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file the notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers. Each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No persońs name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of the city that he or she desires his or her name to be placed on the ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file the notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION
2.11.
Elections.
Elections.
(a)
At any election, all persons who are qualified under the Constitution and laws
of Georgia to vote for members of the General Assembly of Georgia and who are
bona fide residents of the city shall be eligible to qualify as voters in the
election.
(b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under the "Georgia Election Code."
(c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
(d) For the purpose of electing members of the council, the City of Cairo shall consist of five city council districts, designated Council Districts 1 through 5, as described in Appendix "A" of this Act and the accompany Redistricting Plan Components Report, which are attached hereto and made a part of the Charter of the City of Cairo, with five numbered posts. Each person seeking election shall be 21 years of age, be a qualified voter within the City of Cairo, and reside within the council district he or she represents. Each member shall be elected by a majority of the qualified electors voting within each district. Each member of the council shall, during his or her term of office, continue to meet such qualifications.
(e) The mayor of the City of Cairo shall be 21 years of age and be elected by the registered voters within the corporate limits of the city.
(f) The city councilmembers from Council Districts 1, 3, and 5 shall be elected at the general election for the city to be held during 2007 for terms of four years. The city councilmembers from Council Districts 2 and 4 and the mayor shall be elected at the general election for the city to be held during 2005 for terms of four years. Future successors shall be elected at the general election of the city immediately preceding the expiration of terms of office and shall take office on the first day of January following their election.
(b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under the "Georgia Election Code."
(c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
(d) For the purpose of electing members of the council, the City of Cairo shall consist of five city council districts, designated Council Districts 1 through 5, as described in Appendix "A" of this Act and the accompany Redistricting Plan Components Report, which are attached hereto and made a part of the Charter of the City of Cairo, with five numbered posts. Each person seeking election shall be 21 years of age, be a qualified voter within the City of Cairo, and reside within the council district he or she represents. Each member shall be elected by a majority of the qualified electors voting within each district. Each member of the council shall, during his or her term of office, continue to meet such qualifications.
(e) The mayor of the City of Cairo shall be 21 years of age and be elected by the registered voters within the corporate limits of the city.
(f) The city councilmembers from Council Districts 1, 3, and 5 shall be elected at the general election for the city to be held during 2007 for terms of four years. The city councilmembers from Council Districts 2 and 4 and the mayor shall be elected at the general election for the city to be held during 2005 for terms of four years. Future successors shall be elected at the general election of the city immediately preceding the expiration of terms of office and shall take office on the first day of January following their election.
SECTION
2.12.
Vacancies in office.
Vacancies in office.
(a)(1)
The office of mayor or councilmember shall become vacant upon the
incumbent́s
death, resignation, forfeiture of office, or removal from office in any manner
authorized by this charter or the general laws of the State of Georgia.
(2)
Upon the suspension from office of mayor or councilmember in any manner
authorized by the general laws of the State of Georgia, the city council or
those remaining shall appoint a successor for the duration of the suspension. If
the suspension becomes permanent, then the office shall become vacant and shall
be filled as provided in subsection (b) of this section.
(b)
In the event that the office of mayor or councilmember shall become vacant, the
city council or those remaining shall order a special election to fill the
balance of the unexpired term of such official; provided, however, if such
vacancy occurs within six months of the expiration of the term of that office,
the city council or those members remaining shall appoint a successor for the
remainder of the term. In all other respects, the special election shall be held
and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the
"Georgia Election Code," as now or hereafter amended.
SECTION
2.13.
Nonpartisan elections.
Nonpartisan elections.
Political
parties shall not conduct primaries for city offices and all names of candidates
for city offices shall be listed without party labels.
SECTION
2.14.
Election by majority.
Election by majority.
The
candidate receiving a majority of the votes cast for any city office shall be
elected.
SECTION
2.15.
Compensation and expenses.
Compensation and expenses.
The
mayor and councilmembers shall receive compensation and expenses for their
services as provided by ordinance and in accordance with Chapter 35 of Title 36
of the O.C.G.A.
SECTION
2.16.
Prohibitions.
Prohibitions.
(a)
No elected official, appointed officer, or employee of the city or any agency or
political entity to which this charter applies shall knowingly:
(1)
Engage in any business or transaction or have a financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge of
his or her official duties or which would tend to impair the independence of his
or her judgment or action in the performance of his or her official duties;
(2)
Engage in or accept private employment or render services for private interests
when such employment or service is incompatible with the proper discharge of his
or her official duties or would tend to impair the independence of his or her
judgment or action in the performance of his or her official duties;
(3)
Disclose confidential information concerning the property, government, or
affairs of the governmental body by which he or she is engaged without proper
legal authorization or use such information to advance the financial or other
private interest of himself or herself or others;
(4)
Accept any valuable gift, whether in the form of service, loan, object, or
promise, from any person, firm, or corporation which to his or her knowledge is
interested, directly or indirectly, in any manner whatsoever in business
dealings with the governmental body by which he or she is engaged; provided,
however, that an elected official who is a candidate for public office may
accept campaign contributions and services in connection with any such campaign;
(5)
Represent other private interests in any action or proceeding against this city
or any portion of its government; or
(6)
Vote or otherwise participate in the negotiation or in the making of any
contract with any business or entity in which he or she has a financial
interest.
(b)
Any elected official, appointed officer, or employee who has any private
financial interest, directly or indirectly, in any contract or matter pending
before or within any department of the city shall disclose such private interest
to the city council. The mayor or any councilmember who has a private interest
in any matter pending before the city council shall disclose such private
interest and such disclosure shall be entered on the records of the city
council, and he or she shall disqualify himself or herself from participating in
any decision or vote relating thereto. Any elected official, appointed officer,
or employee of any agency or political entity to which this charter applies who
shall have any private financial interest, directly or indirectly, in any
contract or matter pending before or within such entity shall disclose such
private interest to the governing body of such agency or entity.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he or she was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he or she was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
SECTION
2.17.
Removal of officers.
Removal of officers.
(a)
The mayor, a councilmember, or other appointed officers provided for in this
charter shall be removed from office for any one or more of the following
causes:
(1)
Incompetence, misfeasance, or malfeasance in office;
(2)
Conviction of a crime involving moral turpitude;
(3)
Failure at any time to possess any qualifications of office as provided by this
charter or by law;
(4)
Knowingly violating Section 2.16 or any other express prohibition of this
charter;
(5)
Abandonment of office or neglect to perform the duties thereof; or
(6)
Failure for any other cause to perform the duties of office as required by this
charter or by state law.
(b)
Removal of any officer pursuant to subsection (a) of this section shall be
accomplished by one of the following methods:
(1)
By the vote of three councilmembers after an investigative hearing. In the event
an elected officer is sought to be removed by the action of the city council,
such officer shall be entitled to a written notice specifying the ground or
grounds for removal and to a public hearing which shall be held not less than
ten days after the service of such written notice. Any elected officer sought to
be removed from office as provided in this section shall have the right of
appeal from the decision of the city council to the Superior Court of Grady
County. Such appeal shall be governed by the same rules as govern appeals to the
superior court from the probate court; or
(2)
By an order of the Superior Court of Grady County following a hearing on a
complaint seeking such removal brought by any resident of the City of Cairo.
SECTION
2.18.
Inquiries and investigations.
Inquiries and investigations.
The
city council may make inquiries and investigations into the affairs of the city
and the conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony, and require
the production of evidence. Any person who fails or refuses to obey a lawful
order issued in the exercise of these powers by the council shall be punished as
provided by ordinance.
SECTION
2.19.
General power and authority.
General power and authority.
Except
as otherwise provided by this charter, the city council shall be vested with all
the powers of government of this city as provided by Article I of this charter.
ARTICLE
III
ORGANIZATION OF GOVERNMENT,
GENERAL AUTHORITY, AND ORDINANCES
SECTION 3.10.
Organization.
ORGANIZATION OF GOVERNMENT,
GENERAL AUTHORITY, AND ORDINANCES
SECTION 3.10.
Organization.
(a)
The city council shall hold an organizational meeting at the first regular
meeting in January following an election. The meeting shall be called to order
by the city clerk and the oath of the office shall be administered to the newly
elected members as follows:
"I
do solemnly (swear) (affirm) that I will faithfully perform the duties of
(mayor) (councilmember) of this city and that I will support and defend the
charter thereof as well as the Constitution and laws of the State of Georgia and
of the United States of America."
(b)
By a majority vote, the city council shall elect a councilmember to serve as
mayor pro tempore. The mayor pro tempore shall preside at all meetings of the
city council and shall assume the duties and powers of the mayor during any
disability or absence of the mayor. Any such disability or absence shall be
declared by a majority vote of the city council. The city council shall by
majority vote elect a presiding officer from its number for any period in which
the mayor pro tempore is disabled, absent, or acting as mayor following call of
the meeting to order by the clerk. Such absence or disability shall be declared
by majority vote of the city council.
SECTION
3.11.
Meetings.
Meetings.
(a)
The city council shall hold regular meetings at such times and places as
prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembeŕs presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
(b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembeŕs presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law.
SECTION
3.12.
Procedures.
Procedures.
(a)
The city council shall adopt its rules of procedure and order of business
consistent with the provisions of this charter and shall provide for keeping a
journal of its proceedings which shall be a public record.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION
3.13.
Voting.
Voting.
(a)
Except as otherwise provided in subsection (b) of this section, three
councilmembers shall constitute a quorum and shall be authorized to transact the
business of the city council. Voting on the adoption of ordinances shall be by
voice vote and the vote shall be recorded in the journal, but any member of the
city council shall have the right to request a roll-call vote and such vote
shall be recorded in the journal. Except as otherwise provided in this charter,
the affirmative vote of three councilmembers shall be required for the adoption
of any ordinance, resolution, or motion.
(b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
(b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION
3.14.
Ordinances.
Ordinances.
(a)
Every proposed ordinance shall be introduced in writing and in the form required
for final adoption. No ordinance shall contain a subject which is not expressed
in its title. The enacting clause shall be "The Council of the City of Cairo
hereby ordains..." and every ordinance shall so begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.16 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.16 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION
3.15.
Action requiring an ordinance.
Action requiring an ordinance.
Acts
of the city council which have the force and effect of law shall be enacted by
ordinance.
SECTION
3.16.
Emergencies.
Emergencies.
To
meet a public emergency affecting life, health, property, or public peace, the
city council may convene on call of the mayor or two councilmembers and may
promptly adopt an emergency ordinance, but such ordinance shall not levy taxes;
grant, renew, or extend a franchise; regulate the rate charged by any public
utility for its services; or authorize the borrowing of money except for loans
to be repaid within 30 days. An emergency ordinance shall be introduced in the
form prescribed for ordinances generally, except that it shall be plainly
designated as an emergency ordinance and shall contain, after the enacting
clause, a declaration stating that an emergency exists and describing the
emergency in clear and specific terms. An emergency ordinance may be adopted,
with or without amendment, or rejected at the meeting to which it is introduced,
but the affirmative vote of at least three councilmembers shall be required for
adoption. It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically stand repealed 30
days following the date upon which it was adopted, but this shall not prevent
reenactment of the ordinance in the manner specified in this section if the
emergency continues to exist. An emergency ordinance shall also be repealed by
adoption of a repealing ordinance in the same manner specified in this section
for adoption of emergency ordinances.
SECTION
3.17.
Codes.
Codes.
(a)
The city council may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and requirements
governing such adopting ordinance shall be as prescribed for ordinances
generally except that:
(1)
The requirements of subsection (b) of Section 3.14 of this charter for
distribution and filing of copies of the ordinance shall be construed to include
copies of any code of technical regulations, as well as the adopting ordinance;
and
(2)
A copy of each adopted code of technical regulations, as well as the adopting
ordinance, shall be authenticated and recorded by the clerk pursuant to Section
3.18 of this charter.
(b)
Copies of any adopted code of technical regulations shall be made available by
the clerk for distribution or for purchase at a reasonable price.
SECTION
3.18.
Codification of ordinances.
Codification of ordinances.
(a)
The clerk shall authenticate by his or her signature and record in full in a
properly indexed book kept for that purpose all ordinances adopted by the
council.
(b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Cairo, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
(b) The city shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly together with all amendments thereto and shall contain such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Cairo, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION
3.19.
City manager; appointment; qualifications; compensation.
City manager; appointment; qualifications; compensation.
The
city council shall appoint a city manager for an indefinite term and shall fix
his or her compensation. The manager shall be appointed solely on the basis of
his or her executive and administrative qualifications.
SECTION
3.20.
Removal of city manager.
Removal of city manager.
(a)
The city council may remove the manager from office in accordance with the
following procedures:
(1)
The city council shall adopt by affirmative vote of a majority of all its
members a preliminary resolution which must state the reasons for removal and
may suspend the manager from duty for a period not to exceed 45 days. A copy of
the resolution shall be delivered promptly to the manager;
(2)
Within five days after a copy of the resolution is delivered to the manager, he
or she may file with the city council a written request for a public hearing.
This hearing shall be held within 30 days after the request is filed. The
manager may file with the council a written reply not later than five days
before the hearing; and
(3)
If the manager has not requested a public hearing within the time specified in
paragraph (2) of this subsection, the city council may adopt a final resolution
for removal, which may be made effective immediately, by an affirmative vote of
a majority of all its members. If the manager has requested a public hearing,
the city council may adopt a final resolution for removal, which may be made
effective immediately, by an affirmative vote of a majority of all its members
at any time after the public hearing.
(b)
The manager shall continue to receive his or her salary until the effective date
of a final resolution of removal.
SECTION
3.21.
Acting city manager.
Acting city manager.
By
letter filed with the city clerk, the manager shall designate, subject to
approval of the city council, a qualified city administrative officer to
exercise the powers and perform the duties of manager during his or her
temporary absence or disability. During such absence or disability, the city
council may revoke such designation at any time and appoint another officer of
the city to serve until the manager shall return or his or her disability shall
cease.
SECTION
3.22.
Powers and duties of the city manager.
Powers and duties of the city manager.
The
city manager shall be the chief administrative officer of the city. He or she
shall be responsible to the city council for the administration of all city
affairs placed in his or her charge by or under this charter. He or she shall
have the following powers and duties:
(1)
He or she shall appoint and, when he or she deems it necessary for the good of
the city, suspend or remove all city employees and administrative officers he or
she appoints, except as otherwise provided by law or personnel ordinances
adopted pursuant to this charter. He or she may authorize any administrative
officer who is subject to his or her direction and supervision to exercise these
powers with respect to subordinates in that
officeŕs
department, office, or agency;
(2)
He or she shall direct and supervise the administration of all departments,
offices, and agencies of the city, except as otherwise provided by this charter
or by law;
(3)
He or she shall attend all city council meetings and shall have the right to
take part in discussion but he or she may not vote;
(4)
He or she shall see that all laws, provisions of this charter, and acts of the
city council, subject to enforcement by him or her or by officers subject to his
or her direction and supervision, are faithfully executed;
(5)
He or she shall prepare and submit the annual operating budget and capital
budget to the city council;
(6)
He or she shall submit to the city council and make available to the public a
complete report on the finances and administrative activities of the city as of
the end of each fiscal year;
(7)
He or she shall make such other reports as the city council may require
concerning the operations of city departments, offices, and agencies subject to
his or her direction and supervision;
(8)
He or she shall keep the city council fully advised as to the financial
condition and future needs of the city and make such recommendations to the city
council concerning the affairs of the city as he or she deems desirable; and
(9)
He or she shall perform other such duties as are specified in this charter or as
may be required by the city council.
SECTION
3.23.
Council interference with administration.
Council interference with administration.
Except
for the purpose of inquiries and investigations under Section 2.17 of this
charter, the city council or its members shall deal with city officers and
employees who are subject to the direction and supervision of the manager solely
through the manager, and neither the city council nor its members shall give
orders to any such officer or employee, either publicly or privately.
SECTION
3.24.
Powers and duties of mayor.
Powers and duties of mayor.
The
mayor shall:
(1)
Preside at all meetings of the city council;
(2)
Be the head of the city for the purpose of service of process and for ceremonial
purposes, and be the official spokesman for the city and the chief advocate of
policy;
(3)
Have power to administer oaths and to take affidavits;
(4)
Sign as a matter of course on behalf of the city all written and approved
contracts, ordinances, and other instruments executed by the city which by law
are required to be in writing; and
(5)
Appoint such committees and committee chairpersons of the city council as he or
she shall deem reasonable and necessary.
ARTICLE
IV
ADMINISTRATIVE AFFAIRS
SECTION 4.10.
Department heads.
ADMINISTRATIVE AFFAIRS
SECTION 4.10.
Department heads.
(a)
Except as otherwise provided in this charter, the city council by ordinance
shall prescribe the functions or duties and establish, abolish, or alter all
nonelective offices, positions of employment, departments, and agencies of the
city as necessary for the proper administration of the affairs and government of
this city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his or her department or agency.
(e) All directors under the supervision of the city manager shall be appointed by the city manager. The city manager may suspend or remove directors under his or her supervision and the city manager shall give written notice of such action and the reason therefor to the director involved and to the city council. The city council shall review the suspension or removal at the next regularly scheduled council meeting.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his or her department or agency.
(e) All directors under the supervision of the city manager shall be appointed by the city manager. The city manager may suspend or remove directors under his or her supervision and the city manager shall give written notice of such action and the reason therefor to the director involved and to the city council. The city council shall review the suspension or removal at the next regularly scheduled council meeting.
SECTION
4.11.
Boards.
Boards.
(a)
The city council shall create by ordinance such boards, commissions, and
authorities to fulfill any investigative, quasi-judicial, or quasi-legislative
function the city council deems necessary and shall by ordinance establish the
composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson, and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION
4.12.
City attorney.
City attorney.
The
city council shall appoint a city attorney who shall be a member of the State
Bar of Georgia and shall have actively practiced law for at least one year. The
city attorney shall serve at the pleasure of the city council. The city attorney
shall be responsible for representing and defending the city in all litigation
in which the city is a party, may be the prosecuting officer in the municipal
court, shall attend the meetings of the council as directed, shall advise the
city council, mayor, and other officers and employees of the city concerning
legal aspects of the
citýs
affairs, and shall perform such other duties as may be required of him or her by
virtue of his or her position as city attorney. The city council shall provide
for the compensation of the city attorney.
SECTION
4.13.
City clerk.
City clerk.
The
city manager shall appoint with confirmation by the city council a city clerk
who shall not be a councilmember. The city clerk shall be custodian of the
official city seal, maintain city council records required by this charter, and
perform such other duties as may be required by the city council.
SECTION
4.14.
Treasurer.
Treasurer.
The
city manager shall appoint a city treasurer to collect all taxes, licenses,
fees, and other moneys belonging to the city subject to the provisions of this
charter and the ordinances of the city and to enforce all laws of Georgia
relating to the collection of delinquent taxes and sale or foreclosure for
nonpayment of taxes to the city. The city treasurer shall also be responsible
for the general duties of a treasurer and fiscal officer.
SECTION
4.15.
City auditor.
City auditor.
The
city manager shall appoint with confirmation of city council a city auditor to
perform the duties of an auditor/accountant.
SECTION
4.16.
Position classification and pay plan.
Position classification and pay plan.
The
city manager shall be responsible for the preparation of a position
classification and pay plan which shall be submitted to the city council for
approval. Such plan may apply to all employees of the city and any of its
agencies, departments, boards, commissions or authorities. When a pay plan has
been adopted, the city council shall not increase or decrease the salary range
applicable to any position except by amendment of such pay plan. For purposes of
this section, all elected and appointed city officials are not city employees.
SECTION
4.17.
Rules and regulations.
Rules and regulations.
The
city council shall adopt rules and regulations consistent with this charter
concerning:
(1)
The method of employee selection and probationary periods of employment;
(2)
The administration of a position classification and pay plan, methods of
promotion and applications of service ratings thereto, and transfer of employees
within the classification plan;
(3)
Hours of work, vacation, sick leave and other leaves of absence, overtime pay,
and the order and manner in which layoffs shall be effected;
(4)
Such dismissal hearings as due process may require; and
(5)
Such other personnel notices as may be necessary to provide for adequate and
systematic handling of personnel affairs.
ARTICLE
V
JUDICIAL BRANCH
SECTION 5.10.
Municipal court.
JUDICIAL BRANCH
SECTION 5.10.
Municipal court.
There
shall be a court to be known as the Municipal Court of the City of Cairo,
Georgia.
SECTION
5.11.
Judges.
Judges.
(a)
The municipal court shall be presided over by a chief judge and such part-time,
full-time, or stand-by judges as shall be provided by ordinance. The method of
selection and terms of such judges shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years, shall not have been convicted of a crime involving moral turpitude, and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.
(c) Compensation of the judge or judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of three members of the city council.
(e) Before assuming office, each judge shall take the following oath, given by the mayor or in his or her absence, the city clerk, "I will honestly and faithfully discharge the duties of municipal court judge to the best of my ability and without fear, favor, or partiality. I will support and defend the charter of the City of Cairo as well as the Constitution and laws of the State of Georgia and of the United States of America."
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years, shall not have been convicted of a crime involving moral turpitude, and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.
(c) Compensation of the judge or judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of three members of the city council.
(e) Before assuming office, each judge shall take the following oath, given by the mayor or in his or her absence, the city clerk, "I will honestly and faithfully discharge the duties of municipal court judge to the best of my ability and without fear, favor, or partiality. I will support and defend the charter of the City of Cairo as well as the Constitution and laws of the State of Georgia and of the United States of America."
SECTION
5.12.
Convening of court.
Convening of court.
The
municipal court shall be convened at regular intervals as provided by ordinance.
SECTION
5.13.
Powers.
Powers.
(a)
The municipal court shall try and punish violations of this charter, all city
ordinances, and such other violations as provided by law.
(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or 30 days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment of 60 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated.
(h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or 30 days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment of 60 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated.
(h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION
5.14.
Certiorari.
Certiorari.
The
right of certiorari from the decision and judgment of the municipal court shall
exist in all criminal cases and ordinance violation cases, and such certiorari
shall be obtained under the sanction of a judge of the Superior Court of Grady
County, under the laws of the State of Georgia regulating the granting and
issuance of writs of certiorari.
SECTION
5.15.
Rules.
Rules.
With
the approval of the city council, the judge shall have full power and authority
to make reasonable rules and regulations necessary and proper to secure the
efficient and successful administration of the municipal court; provided,
however, that the city council may adopt in part or in toto the rules and
regulations applicable to superior courts. The rules and regulations made or
adopted shall be filed with the city clerk, shall be available for public
inspection, and, upon request, shall be furnished to all defendants in municipal
court proceedings at least 48 hours prior to said proceedings.
ARTICLE
VI
FINANCE
SECTION 6.10.
Property tax.
FINANCE
SECTION 6.10.
Property tax.
The
city council may assess, levy, and collect an ad valorem tax on all real and
personal property within the corporate limits of the city that is subject to
such taxation by the state and county. This tax is for the purpose of raising
revenues to defray the costs of operating the city government, or providing
governmental services, for the repayment of principal and interest on general
obligations, and for any other public purpose as determined by the city council
in its discretion.
SECTION
6.11.
Millage.
Millage.
The
city council by ordinance shall establish a millage rate for the city property
tax, a due date, and the time period within which these taxes must be paid. The
city council by ordinance may provide for the payment of these taxes by
installments or in one lump sum, as well as authorize the voluntary payment of
taxes prior to the time when due.
SECTION
6.12.
Occupation taxes and business license fees.
Occupation taxes and business license fees.
The
city council by ordinance shall have the power to levy such occupation or
business taxes as are not denied by law. Such taxes may be levied on both
individuals and corporations who transact business in this city or who practice
or offer to practice any profession or calling within the city to the extent
such persons have a constitutionally sufficient nexus to this city to be so
taxed. The city council may classify businesses, occupations, professions, or
callings for the purpose of such taxation in any way which may be lawful and may
compel the payment of such taxes as provided in Section 6.18 of this charter.
SECTION
6.13.
Licenses.
Licenses.
The
city council by ordinance shall have the power to require any individual or
corporation who transacts business in this city or who practices or offers to
practice any profession or calling with the city to obtain a license or permit
for such activity from the city and pay a reasonable fee for such license or
permit where such activities are not now regulated by general law in such a way
as to preclude city regulations. Such fees may reflect the total cost to the
city of regulating the activity and, if unpaid, shall be collected as provided
in Section 6.18 of this charter. The city council by ordinance may establish
reasonable requirements for obtaining or keeping such licenses as the public
health, safety, and welfare necessitate.
SECTION
6.14.
Franchises.
Franchises.
The
city council shall have the power to grant franchises for the use of this
citýs
streets and alleys for the purposes of railroads, street railways, telephone
companies, electric companies, cable television companies, gas companies,
transportation companies, and other similar organizations. The city council
shall determine the duration, terms, whether the same shall be exclusive or
nonexclusive, and the consideration for such franchises; provided, however, that
no franchise shall be granted for a period in excess of 35 years and no
franchise shall be granted unless the city receives just and adequate
compensation therefor. The city council shall provide for the registration of
all franchises with the city clerk in a registration book kept by the clerk. The
city council may provide by ordinance for the registration within a reasonable
time of all franchises previously granted.
SECTION
6.15.
Service charges.
Service charges.
The
city council by ordinance shall have the power to assess and collect fees,
charges, and tolls for sewers, sanitary and health services, or any other
services provided or made available within or outside the corporate limits of
the city for the total cost to the city of providing or making available such
services. If unpaid, such charges shall be collected as provided in Section 6.18
of this charter.
SECTION
6.16.
Special assessments.
Special assessments.
The
city council by ordinance shall have the power to assess, charge, and collect
the costs of constructing, reconstructing, widening, or improving any public
way, street, sidewalk, curbing, gutters, sewers, or other utility mains and
appurtenances from the abutting property owners under such terms and conditions
as are reasonable. If unpaid, such charges shall be collected as provided in
Section 6.18 of this charter.
SECTION
6.17.
Other taxes.
Other taxes.
This
city shall be empowered to levy any other tax allowed now or hereafter by law,
and the specific mention of any right, power, or authority in this article shall
not be construed as limiting in any way the general powers of this city to
govern its local affairs.
SECTION
6.18.
Collection of delinquent taxes.
Collection of delinquent taxes.
The
city council by ordinance may provide generally for the collection of delinquent
taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of
this charter by whatever reasonable means as are not precluded by law. This
shall include providing for the dates when the taxes or fees are due, late
penalties or interest, issuance and execution of fi. fas., creation and
priority of liens, making delinquent taxes and fees personal debts of the
persons required to pay the taxes or fees imposed, revoking city licenses for
failure to pay any city taxes or fees, and providing for the assignment or
transfer of tax executions.
SECTION
6.19.
Borrowing.
Borrowing.
The
city council shall have the power to issue bonds for the purpose of raising
revenue to carry out any project, program, or venture authorized under this
charter or the laws of the state. Such bonding authority shall be exercised in
accordance with laws governing bond issuance by municipalities in effect at the
time said issue is undertaken.
SECTION
6.20.
Revenue bonds.
Revenue bonds.
Revenue
bonds may be issued by the city council as state law now or hereafter provides.
Such bonds are to be paid out of any revenue produced by the project, program,
or venture for which they were issued.
SECTION
6.21.
Loans.
Loans.
The
city may obtain short-term loans and must repay such loans not later than
December 31 of each year, unless otherwise provided by law.
SECTION
6.22.
Accounting and budgeting.
Accounting and budgeting.
The
city council shall set the fiscal year by ordinance. This fiscal year shall
constitute the budget year and the year for financial accounting and reporting
of each and every office, department, agency, and activity of the city
government.
SECTION
6.23.
Budget ordinance.
Budget ordinance.
The
city council shall provide an ordinance on the procedures and requirements for
the preparation and execution of an annual operating budget and a capital
improvement program, including requirements as to the scope, content, and form
of such budgets and programs.
SECTION
6.24.
Operating budget.
Operating budget.
On
or before a date fixed by the city council but not later than 60 days prior to
the beginning of each fiscal year, the city manager shall submit to the city
council a proposed operating budget for the ensuing fiscal year. The budget
shall be accompanied by a message from the city manager containing a statement
of the general fiscal policies of the city, the important features of the
budget, explanations of major changes recommended for the next fiscal year, a
general summary of the budget, and such other comments and information as he or
she may deem pertinent. The operating budget, the capital improvements budget,
the budget message, and all supporting documents shall be filed in the office of
the city clerk and shall be open to public inspection.
SECTION
6.25.
Adoption.
Adoption.
(a)
The city council may amend the operating budget proposed by the city manager,
except that the budget as finally amended and adopted must provide for all
expenditures required by state law or by other provisions of this charter and
for all debt service requirements for the ensuing fiscal year. The total
appropriations from any fund shall not exceed the estimated fund balance,
reserves, and revenues.
(b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than June of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.
(b) The city council shall adopt the final operating budget for the ensuing fiscal year not later than June of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.
SECTION
6.26.
Levy of taxes.
Levy of taxes.
Following
adoption of the operating budget, the city council shall levy by ordinance such
taxes as are necessary. The taxes and tax rates set by such ordinance shall be
such that reasonable estimates of revenues from such levy shall at least be
sufficient, together with other anticipated revenues, fund balances, and
applicable reserves, to equal the total amount appropriated for each of the
several funds set forth in the annual operating budget for defraying the expense
of the general government of this city.
SECTION
6.27.
Changes in budget.
Changes in budget.
The
city council by majority vote may make changes in the appropriations contained
in the current operating budget at any regular meeting or special or emergency
meeting called for such purposes.
SECTION
6.28.
Capital improvements.
Capital improvements.
(a)
On or before the date fixed by the city council, but not later than 60 days
prior to the beginning of each fiscal year, the city manager shall submit to the
city council a proposed capital improvements budget with his or her
recommendations as to the means of financing the improvements proposed for the
ensuing year. The city council shall have the power to accept, with or without
amendments, or reject the proposed program and proposed means of financing. The
city council shall not authorize an expenditure for the construction of any
building, structure, work, or improvement unless the appropriations for such
project are included in the capital improvements budget, except to meet a public
emergency as provided in Section 3.16 of this charter.
(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than June of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.
(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than June of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his or her recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.
SECTION
6.29.
Audits.
Audits.
There
shall be an annual independent audit of all city accounts, funds, and financial
transactions by a certified public accountant selected by the city council. The
audit shall be conducted according to generally accepted accounting principles.
Any audit of any funds by the state or federal government may be accepted as
satisfying the requirements of this charter. Copies of all audit reports shall
be available at printing costs to the public.
SECTION
6.30.
Procurement and property management.
Procurement and property management.
No
contract with the city shall be binding on the city unless:
(1)
It is in writing;
(2)
It is drawn or submitted and reviewed by the city attorney and, as a matter of
course, is signed by him or her to indicate such drafting or review; and
(3)
It is made or authorized by the city council and such approval is entered in the
city council journal of proceedings pursuant to Section 3.14 of this charter.
SECTION
6.31.
Purchasing.
Purchasing.
The
city council shall by ordinance prescribe procedures for a system of centralized
purchasing for the city.
SECTION
6.32.
Sale of property.
Sale of property.
(a)
The city council may sell and convey any real or personal property owned or held
by the city for governmental or other purposes as now or hereafter provided by
law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the city manager or mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request by the city manager or mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE
VII
GENERAL PROVISIONS
SECTION 7.10.
Bonds for officials.
GENERAL PROVISIONS
SECTION 7.10.
Bonds for officials.
The
officers and employees of this city, both elected and appointed, shall execute
such surety or fidelity bonds in such amounts and upon such terms and conditions
as the city council shall from time to time require by ordinance or as may be
provided by law.
SECTION
7.11.
Rules and regulations.
Rules and regulations.
All
ordinances, resolutions, rules, and regulations now in force in the city not
inconsistent with this charter are declared valid and of full effect and force
until amended or repealed by the city council.
SECTION
7.12.
Charter language on other general matters.
Charter language on other general matters.
Except
as specifically provided otherwise by this charter, all rights, claims, actions,
orders, contracts, and legal or administrative proceedings shall continue and
any such ongoing work or cases shall be completed by such city agencies,
personnel, or offices as may be provided by the city council.
SECTION
7.13.
Definitions and construction.
Definitions and construction.
(a)
Section captions in this charter are informative only and shall not be
considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION
7.14.
Specific repealer.
Specific repealer.
An
Act amending, consolidating, and superseding the several Acts incorporating the
City of Cairo, in the County of Grady, State of Georgia, and creating a new
charter and municipal government for said municipal corporation, approved August
6, 1906 (Ga. L. 1906, p. 573), as amended, is repealed in its entirety.
SECTION
7.15.
The
governing authority of the City of Cairo shall through its legal counsel cause
this Act to be submitted for preclearance under the federal Voting Rights Act of
1965, as amended; and such submission shall be made to the United States
Department of Justice or filed with the appropriate court no later than 45 days
after the date on which this Act is approved by the Governor or otherwise
becomes law without such approval.
SECTION
7.16.
Effective date.
Effective date.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
7.17.
General repealer.
General repealer.
All
laws and parts of laws in conflict with this Act are repealed.
APPENDIX
A
Council
Districts 1 through 5 shall consist of the described territory of the City of
Cairo attached to this Act and made a part thereof and further identified as
"Plan Name: cairoccp2 Plan Type: Local User: staff Administrator: Cairo City
Council."
When used in such attachment, the terms "Tract" and "BG" (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a "BG" heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Cairo which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Cairo which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included with that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia.
When used in such attachment, the terms "Tract" and "BG" (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a "BG" heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. Any part of the City of Cairo which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. Any part of the City of Cairo which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included with that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia.