06 LC 28
2981
Senate
Bill 659
By:
Senator Grant of the 25th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing a new charter for the City of Madison, approved October
6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, so as
to amend, consolidate, revise, and restate such charter and amendatory Acts
amending such charter; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
An
Act providing a new charter for the City of Madison, approved October 6, 1891
(Ga. L. 1890-91, Vol. II, p. 827), as amended, is amended by
striking Sections I through XXXIV of such charter and inserting in lieu thereof
the following:
"SECTION
I-A.
Name.
Name.
The
city and the inhabitants thereof are constituted and declared a body politic and
corporate under the name and style City of Madison, Georgia, and by that name
shall have perpetual succession.
SECTION
I-B.
Corporate boundaries.
Corporate boundaries.
The
boundaries of the city shall be those existing on the effective date of the
adoption of this charter with such alterations as may be made from time to time
in the manner provided by law. The boundaries of the city at all times shall be
shown on a map, a written description or any combination thereof, to be retained
permanently in City Hall and to be designated, as the case may be: 'Official Map
(or Description) of the corporate limits of the City of Madison, 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 with the original map or description. The council may
provide for the redrawing of any such map by ordinance to reflect lawful changes
in the corporate boundaries. A redrawn map shall supersede for all purposes the
entire map or maps which it is designated to replace. The specific boundaries
of the city shall be those existing on the effective date of this charter and as
now or hereafter provided by law, with such future alterations as are made in
the manner provided by law.
SECTION
I-C.
Municipal powers and construction.
Municipal powers and construction.
(a)
General Provisions. The 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. The
city shall have all the powers of self-government not otherwise prohibited by
this charter or by general law. The powers of the city shall be construed
liberally in favor of the city. The specific mention or failure to mention a
particular power shall not be construed as limiting in any way the powers of the
city. The term 'Mayor and Council' means the mayor and five councilmembers as
specified in Section III of the charter. The term 'City Council' or 'Council'
or 'Councilmembers' when used alone means the councilmembers (not the mayor)
unless the context clearly indicates a different meaning and except in cases of
a tie vote, in which instance the mayor shall vote.
(b)
Certain powers. The powers of the city shall include, but not be 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)
Alcoholic beverages. The keeping for sale, selling, or offering for sale of any
spirituous, vinous, malt, or fermented wines or liquors within the corporate
limits of said city shall be regulated by the city as provided by law. The
council of the city shall have power or authority to license the sale thereof,
consistent with the laws of the State of Georgia, and it shall be their duty to
enforce this by the enactment of necessary ordinances with suitable penalties
for violation;
(3)
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 charter;
(4)
Appropriations and expenditures. To make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes
authorized by this charter and for any purpose for which a municipality is
authorized by the laws of the State of Georgia; and to provide for the payment
of expenses of the city;
(5)
Building regulation. To regulate and to license the erection and construction
of buildings and all other structures; to adopt building, housing, plumbing,
electrical, gas, and heating and air-conditioning codes; and to regulate all
building and housing trades;
(6)
Business regulation and taxation. To levy and to provide for the collection of
regulatory 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 failure to pay any city fees or taxes;
(7)
Cemeteries. The council shall have jurisdiction over all cemeteries belonging
to or located in said city, and may provide by ordinance for a public cemetery.
It may appoint such employees to superintend the care thereof as it deems
proper. It may enact ordinances to prevent trespass therein and to prevent any
person from defacing any work therein. It may regulate the charges for grave
digging, hearse fees, and any and every thing pertaining to the care and
operation of such cemeteries;
(8)
Construction. The council is empowered to acquire, construct, operate, and
maintain public ways, parks, public grounds, cemeteries, markets, market houses,
public buildings, libraries, sewers, drains, sewage treatment, waterworks,
electrical systems, gas systems, airports, hospitals, and charitable,
educational, recreational, sport, curative, correctional, detention, penal, and
medical institutions, agencies, and facilities, and any other public
improvements inside or outside the corporate limits of the city and to regulate
the use thereof;
(9)
Contracts. To enter into contracts and agreements with other governmental
entities and with private persons, firms, and corporations;
(10)
Emergencies. To establish procedures for determining and proclaiming that an
emergency situation exists within 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;
(11)
Environmental protection. To protect and preserve the natural resources,
environment, and vital areas of the city through the preservation and
improvement of air quality, the restoration and maintenance of water resources,
the control of erosion and sedimentation, the management of solid and hazardous
waste, and other necessary actions for the protection of the
environment;
(12)
Fire regulations. To fix and establish fire limits inside and outside the city,
and from time to time to extend, enlarge, or restrict the same; to prescribe
fire safety regulations not inconsistent with general law, relating to both fire
prevention and detection and to fire fighting; and to prescribe penalties and
punishment for violations thereof;
(13)
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 said city or doing business therein and
benefiting from such services; to enforce the payment of such charges, taxes, or
fees; and to provide for the manner and method of collection;
(14)
General health, safety, and welfare. To define, regulate, and prohibit any act,
practice, conduct, or use of property which is detrimental to health,
sanitation, cleanliness, welfare, and safety of the inhabitants of the city and
to provide for the enforcement of such standards;
(15)
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;
(16)
Health and sanitation. To prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(17)
Jail sentences. To provide that persons given jail sentences in the municipal
court may work out such sentences in any public works or on the streets, roads,
drains, and squares in the city; to provide for commitment of such persons to
any jail; or to provide for commitment of such persons to any county work camp
or county jail by agreement with the appropriate county officials;
(18)
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;
(19)
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;
(20)
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;
(21)
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;
(22)
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;
(23)
Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and
dispose of public utilities, including, but not limited to, a system of
waterworks, sewers and drains, sewage disposal, gas works, electric light
plants, transportation facilities, public airports, and any other public
utility; to fix the taxes, charges, rates, fares, fees, assessments,
regulations, and penalties; to provide for the withdrawal of service for refusal
or failure to pay the same; to authorize the extension of water, sewerage, and
electrical distribution systems, and all necessary appurtenances by which said
utilities are distributed, inside and outside the corporate limits of the city;
and to provide utility services to persons, firms, and corporations inside and
outside the corporate limits of the city as provided by ordinance;
(24)
Nuisances. To define a nuisance and provide for its abatement whether on public
or private property;
(25)
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;
(26)
Planning and zoning. To provide comprehensive city planning for development by
zoning; and to provide subdivision regulation, land use, and development
regulations as the council deems necessary and reasonable to ensure a safe,
healthy, and esthetically pleasing community;
(27)
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, including the establishment of a combined public
safety department for both police and fire protection;
(28)
Public hazards; removal. To provide for the repair or destruction and removal
of any building or other structure which is, or may become, dangerous or
detrimental to the public;
(29)
Public improvements. To provide for the acquisition, construction, building,
operation, and maintenance of public ways, parks and playgrounds, recreational
facilities, cemeteries, markets and market houses, public buildings, libraries,
public housing, airports, hospitals, terminals, docks, parking facilities, and
charitable, cultural, educational, recreational, conservation, sport, curative,
correctional, 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;
(30)
Public peace. To provide for the prevention and punishment of intoxication,
riots, and public disturbances;
(31)
Public transportation. To organize and operate such public transportation
systems as are deemed appropriate and necessary for the public health, safety
and welfare;
(32)
Public utilities and services. To grant franchises or make contracts for public
utilities and public services and to prescribe the rates, fares, regulations,
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;
(33)
Regulation of roadside areas. To prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings,
and any and all other structures or obstructions upon or adjacent to the rights
of way of streets and roads or within view thereof, within the corporate limits
of the city; and to prescribe penalties and punishment for violation of such
ordinances;
(34)
Retirement. To provide and maintain a retirement plan for officers and
employees of the city;
(35)
Roadways. To lay out, open, extend, widen, narrow, establish or change the
grade of, abandon or close, construct, pave, maintain, repair, clean, prevent
erosion of, and light the roads, alleys, and walkways within the corporate
limits of the city; 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; to authorize and control the construction of bridges, overpasses,
and underpasses within the corporate limits of the city; 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;
(36)
Sewer and Water fees. To levy a fee, charge, or tax as necessary to assure the
acquiring, constructing, equipping, operating, maintaining, and extending of a
sewage disposal plant and sewerage system and a waterworks system and to levy on
those to whom sewers and sewerage and water systems are made available a sewer
service fee, charge, or sewer tax for the availability or use of the sewers; to
provide for the manner and method of collecting such service charges and for
enforcing payment of the same; and to charge, impose, and collect a sewer or
water connection fee or fees (including a capacity recovery fee or fees) from
those connected with the system;
(37)
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;
(38)
Special areas of public regulation. To regulate or prohibit junk dealers, pawn
shops, title loans, the manufacture, sale, or transportation of intoxicating
liquors and drugs, and the use of firearms; to regulate the transportation,
storage, and use of combustible, explosive, and flammable materials, the use of
lighting and heating equipment, and any other business or situation which may be
dangerous to persons or property; to regulate and control the conduct of
peddlers and itinerant traders, theatrical performances, exhibitions, and shows
of any kind, by taxation or otherwise; and to license, tax, regulate, or
prohibit professional fortune telling, palmistry, adult bookstores, and massage
parlors;
(39)
Special assessments. To levy and provide for the collection of special
assessments to cover the costs for any public improvements;
(40)
Taxes: ad valorem. To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation;
(41)
Taxes: other. To levy and collect such other taxes as may be allowed now or in
the future by law;
(42)
Trees. To adopt and enforce ordinances for the protection and preservation of
trees on the streets, public places, cemeteries, new developments, and parks in
said city and to prevent the cutting, impairing, or mutilations thereof by
telephone, cable, or electric light linemen or employees or any other person
unless the same is done under and with the express and formal consent of the
council or some officer appointed by the council to direct the same and then
only when absolutely necessary for the public service or safety;
(43)
Urban redevelopment. To organize and operate an urban redevelopment
program;
(44)
Vehicles for hire. 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; and
(45)
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 herein; 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.
SECTION
I-D.
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.
SECTION
II.
Vacancy; suspensions; filling of vacancies.
Vacancy; suspensions; filling of vacancies.
(a)
Vacancy. 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. A
vacancy in the office of mayor or councilmember shall be filled for the
remainder of the unexpired term, if any, by appointment of the council as set
forth below in subsection (c) of this section.
(b)
Suspension. Upon the suspension from office of the mayor or councilmember in
any manner authorized by the general laws of the State of Georgia, the council,
or those councilmembers 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 for the remainder of the unexpired term, if
any, as provided for in this charter.
(c)
Filling vacancy. In the event of a vacancy in the office of mayor or
councilmember prior to the expiration of a regular term of office, such vacancy
shall be filled for the remainder of the unexpired term or, if any, by
appointment by the council if less than six months remains in the unexpired
term, or otherwise by an election, as provided for in Section IV of this charter
and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as
are or may hereafter be enacted.
SECTION
III.
Municipal government established; powers.
Municipal government established; powers.
The
corporate powers and municipal government of said city shall vest in and consist
of the mayor and city council who are hereby constituted a body corporate and
politic under the name and style of the City Council of Madison, and by that
name shall succeed to all the rights and liabilities of the corporation of the
City of Madison, as heretofore existing; that said municipal government shall
have perpetual succession; and shall have power and authority to make, ordain,
and establish, from time to time, such bylaws, ordinances, resolutions, rules,
and regulations as shall appear to them necessary and proper for the good
government, security, and interest of said city and the inhabitants thereof, and
for preserving the health, morals, peace, and good order of the same, not in
conflict with the Constitution and laws of this state or of the United States,
and shall have power and authority, in and by said corporate name, to borrow
money for city improvements and repairs, and to contract and be contracted with;
to sue and be sued; plead and be impleaded in any of the courts of this state;
to have and use a common seal; to hold all property, real and personal, now
belonging to the City of Madison to the use of said city for the purposes and
interest for which the same were granted or dedicated; to acquire by gift or
purchase, or otherwise, and to retain to them and their successors for the use
of said City of Madison any other real or personal property within or without
the territorial and jurisdictional limits of said city as may by them be deemed
necessary or proper for corporate purposes; and to use, manage, improve, sell,
convey, rent, or lease any or all of said property as may be deemed advisable
for corporate interest.
SECTION
III-A.
Appointment of city manager.
Appointment of city manager.
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
III-B.
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 an 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
councilmembers 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
III-C.
Absence or disability of city manager.
Absence or disability of 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
III-D.
Powers and duties of city manager.
Powers and duties of city manager.
The
city manager shall be the chief administrative and executive 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 and
as may be required by the city council.
SECTION
III-E.
Elected officials to deal with city officers solely through city manager.
Elected officials to deal with city officers solely through city manager.
Except
for the purpose of inquiries and investigations under Section VI, the mayor and
city councilmembers shall deal with city officers and employees who are subject
to the direction and supervision of the city manager solely through the city
manager, and neither the mayor and council nor the
counciĺs
individual members shall give orders to any such officer or employee, either
publicly or privately.
SECTION
III-F.
Mayoŕs duties.
Mayoŕs duties.
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;
(5)
Debate all questions before the mayor and council, and in all matters (except as
to appointment of mayor pro tempore) only vote in the instance of a tie, but the
mayor shall not make motions; and
(6)
Fulfill such other duties as may be established by ordinance.
The
presiding officer (mayor or mayor pro tempore when acting as mayor, in which
case the mayor pro tempore shall not be deemed acting as a councilmember) and
three councilmembers shall constitute a quorum and shall be authorized to
transact business of the city council. The presiding officer shall preserve
strict order and decorum at all regular and special meetings of the council.
The affirmative vote of a majority of councilmembers present shall be required
for the adoption of any ordinance, resolution, or motion. After a motion has
been made no other motion is in order until a vote on the motion, or withdrawal
of the motion, or until the mayor has declared, after a reasonable opportunity
has been given for a second, that the motion has not been seconded. When a
motion has been made and seconded, the mayor shall state the question coming
before the mayor and council. After a question has been stated by the mayor, it
is before the mayor and council for consideration and before the council for
action. All resolutions, reports of committees, communications to the mayor and
council, and all amendments proposed to them, and all motions may be debated
before voting on them. Debate should be limited to the merits of the
immediately pending question. Speakers should address their remarks to the
presiding officer, be courteous in their language and deportment, and avoid all
personalities, never alluding to the motives of members. When the debate
appears to have closed, the mayor shall ask, 'Are you ready for the question?'
If no one disagrees, he or she shall restate the question, then proceed to take
the vote on the question, first calling for the affirmative by show of hands,
and then for the negative vote by show of hands. The vote should always be
announced. If the vote passes but there were any negative votes or abstentions,
the negative voters and abstainers should be identified. An abstention, meaning
a decision (by the individual entitled to vote) to voluntarily refrain from the
vote, shall be counted as a negative vote. The basis for abstention is a firm
moral or ethical conviction. As soon as the result of the vote is announced the
mayor should state the next business in order. The mayor shall announce the
decision of the council on all subjects and decide all questions of order,
subject, however, to an appeal to the council, in which event a majority vote of
the council shall govern and conclusively determine such question of order. The
most recent edition of
Robert́s
Rules of Order, newly revised, may be used
by the mayor and council at their discretion as a guide, but shall not govern
the conduct of council meetings.
SECTION
III-G.
Mayor pro tempore.
Mayor pro tempore.
During
the absence or disability of the mayor for any cause, the mayor pro tempore, or
in his or her absence or disability, for any reason, any one of the
councilmembers chosen by the mayor, shall be clothed with all rights and
privileges of the mayor and shall perform the duties of the office of the mayor
so long as such absence or disability shall continue. In such instance the
mayor pro tempore shall only vote as mayor, in the case of a tie or in the
selection of mayor pro tempore, not as a councilmember. Any such absence or
disability shall be declared by majority vote of all
councilmembers.
SECTION
IV.
Election districts; elections.
Election districts; elections.
(a)(1)
For the purpose of electing members of the city council, the City of Madison is
divided into five election districts. One member of the city council shall be
elected from each such district. The five city council districts shall be and
correspond to those numbered districts described in and attached to and made a
part of this Act and further identified as Plan Name: madison6 Plan Type: Local
User: Angela Administrator: Madison.
(2)
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 Madison 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 Madison 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 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. Except
as otherwise provided in the description of any district, whenever the
description of such district refers to a named city, it shall mean the
geographical boundaries of that city as shown on the census map for the United
States decennial census of 2000 for the State of Georgia.
(b)
Regular general municipal elections for the City of Madison shall be held on the
Tuesday next following the first Monday in November, 2007, and on such day
biennially thereafter. Persons elected to the office of mayor or councilman in
such municipal elections shall take office at the first meeting in January
following their election and shall serve for terms of office of four years each
and until their respective successors are duly elected and qualified. The mayor
and councilmembers shall each be elected by majority vote of the qualified
electors voting in their respective elections. If no candidate for a particular
office receives a majority of the votes cast for all candidates for such office,
a run-off election shall be held as provided in O.C.G.A. Ch. 21-2, the 'Georgia
Election Code,' as amended. At the first meeting of the mayor and council of
said city after each election and after the swearing in of newly elected mayor
and councilmembers, or as soon as practicable thereafter, one of such
councilmembers shall be elected by the mayor and council to serve as mayor pro
tempore for a term of office of two years and until his or her successor is duly
elected and qualified. Nominations for said office shall be made from the
floor, with no need for a second. No one may nominate more than one person for
the office. The mayor may nominate and vote in the election of Mayor Pro
Tempore.
(c)
At the regularly scheduled general municipal election in 2007 there shall be
elected three councilmembers. One such councilmember shall be elected from
District 1 by the qualified electors residing in such district; one such
councilmember shall be elected from District 3 by the qualified electors
residing in such district; and one such councilmember shall be elected from
District 4 by the qualified electors residing in such district.
(d)
At the regularly scheduled general municipal election in 2009 there shall be
elected a mayor and two councilmembers. One such councilmember shall be elected
from District 2 by the qualified electors residing in such district; one such
councilmember shall be elected from District 5 by the qualified electors
residing in such district; and the mayor shall be elected from the city at large
by the qualified electors of the entire city.
(e)
The mayor must reside within the city and the councilmembers must reside within
the election district from which they are elected. Candidates for the office of
councilmember shall certify at the time of their qualification as candidates
that they are residents of the election district from which they seek election.
Successors to the mayor and councilmembers elected as provided in subsections
(c) and (d) of this section shall be elected in the general municipal election
immediately preceding the expiration of the respective terms of
office.
(f)
In the event that the mayor moves outside the city or a member of the city
council moves his or her residence from the district from which such person was
elected during such
persońs
term of office, such office shall immediately become vacant, and such vacancy
shall be filled as otherwise provided by this charter for the filling of a
vacancy.
(g)
Districts 1 through 5 as they exist immediately prior to January 1, 2006, shall
continue to be designated as Districts 1 through 5, respectively, as described
under subsection (a) of this section; and on and after January 1, 2006, such
members of the city council serving from those districts shall be deemed to be
serving from and representing districts as described in subsection (a) of this
section.
SECTION
V.
Conflicts of interest; holding other offices.
Conflicts of interest; holding other offices.
(a)
Officers as trustees. Elected and appointed officers of the city are trustees
and servants of the residents of the city and shall act in a fiduciary capacity
for the benefit of such residents. The term 'substantial interest' as used in
this section is defined as set forth in the City Code of Ordinances, Section
2-1(c)(8).
(b)
Conflict of interest. No elected official, appointed officer, or employee of
the city or any agency or political entity to which this charter applies shall
knowingly:
(1)
Vote or otherwise participate in any decision on a matter affecting any person,
entity, or property in which the official, officer, or employee has a
substantial interest; such nonparticipation shall be evidenced by a recusal from
any discussion or action, and be evidenced by written disclosure of such
substantial interest;
(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, thing, 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 private interests in any legal action or proceeding against the city
or any portion of its government; or
(6)
Vote or otherwise participate in any matter before the mayor and council
involving any business or entity in which he or she has a substantial interest;
such nonparticipation shall be evidenced by a recusal from any discussion or
action, and be evidenced by written disclosure of said substantial
interest.
(c)
Disclosure. Any elected official, appointed officer, or employee who shall have
any substantial interest in any contract or matter pending before or within any
department of the city shall disclose such interest to the mayor and council.
The mayor or any councilmember who has a substantial interest in the matter
pending before mayor and council shall disclose such substantial interest in
writing and such disclosure shall be entered on the records of the mayor and
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 substantial interest in any contract or matter pending before or
within such entity shall disclose such private interest to the governing body of
such agency or entity.
(d)
Use of public property. No elected official, appointed officer, or employee of
the city or any agency or entity to which this charter applies shall use
property owned by such governmental entity for personal benefit, convenience, or
profit except in accordance with policies promulgated by the council or the
governing body of such agency or entity.
(e)
Contracts voidable and rescindable. Any violation of this section which occurs
with the knowledge, express or implied, of a party to a contract or sale shall
render said contract or sale voidable at the option of the council.
(f)
Ineligibility of elected official. Except where authorized by law, neither the
mayor nor any councilmember shall hold any other elective or compensated
appointive office in city government during the term for which he or she was
elected.
(g)
Penalties for violation.
(1)
Any city officer or employee who knowingly conceals such financial interest or
knowingly violates any of the requirements of this section shall be guilty of
malfeasance in office or position and shall be punished as set forth in City
Code Section 2-1(h).
(2)
Any officer or employee of the city who shall forfeit his or her office or
position as described in paragraph (1) of this subsection shall be ineligible
for appointment or election to or employment in a position in the city
government for a period of three years thereafter.
SECTION
VI.
Inquiries and investigations.
Inquiries and investigations.
The
mayor and 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 mayor and council shall be
punished as provided by ordinance.
SECTION
VII.
Regular and special meetings.
Regular and special meetings.
(a)
The mayor and council shall hold regular meetings at such times and places as
prescribed by ordinance or resolution.
(b)
Special meetings of the mayor and council may be held on call of the mayor or a
minimum of two members of the city council. Notice of such special meetings
shall be served on all other members personally, or by telephone personally or
email, 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, unless the council unanimously votes to add an item to the agenda and
the prior absence from the agenda was unintentional and the addition will not
prejudice the public.
(c)
All meetings of the mayor and council shall be public to the extent required by
law, and notice to the public of special meetings shall be made as required by
law prior to such meetings. Any meeting of the mayor and council (including any
committee meeting) for which legal notice has been provided may be conducted by
conference call using a speaker telephone capable of allowing all members to
hear all the discussion of the meeting. At least one member must be physically
present at the designated meeting site.
SECTION
VIII.
Committees.
Committees.
All
committees, boards, and commissions of citizens shall be appointed by the
council and shall serve at its pleasure. The council shall have the power to
remove and appoint members to any committee at any time; each committee may
appoint its own chairperson, if said chairperson has not been specially
appointed by the council.
SECTION
IX.
Ordinance form; procedure.
Ordinance form; procedure.
Every
proposed ordinance shall be introduced in writing and in the form required for
final adoption. An ordinance may be recommended by the city manager or city
attorney or introduced by the mayor or any councilmember and be read at a
regular or special meeting of the mayor and council. 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 council may
designate.
SECTION
X.
Emergencies.
Emergencies.
To
meet a public emergency affecting life, health, property, or public peace, the
mayor and council may convene on call of the mayor or a councilmember and may
promptly adopt an emergency ordinance, but such ordinance may not levy taxes;
grant, renew, or extend a franchise; regulate the rate charged by any public
utility for its services; or authorize the borrowing of money except for loans
to be repaid within 30 days. An emergency ordinance shall be introduced in the
form prescribed for ordinances generally, except that it shall be plainly
designated as an emergency ordinance and shall contain, after the enacting
clause, a declaration stating that an emergency exists and describing such
emergency in clear and specific terms. An emergency ordinance may be adopted,
with or without amendment, or rejected at the meeting at which it is introduced,
but the affirmative vote of a majority of a quorum shall be required for
adoption. It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically stand repealed 30
days following the date upon which it was adopted, but this shall not prevent
reenactment of the ordinance in the manner specified in this section if the
emergency still exists. An emergency ordinance may also be repealed by adoption
of a repealing ordinance in the same manner specified in this section for
adoption of emergency ordinances.
SECTION
XI.
City code.
City code.
(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 and resolutions
adopted by the council.
(b)
The council shall provide for the preparation of a general compilation or
codification of ordinances, as required under Georgia law, of all the ordinances
of the city having the force and effect of law. The general compilation or
codification shall be adopted by the council by ordinance and shall be published
promptly, together with all amendments thereto and such codes of technical
regulations and other rules and regulations as the council may specify. This
compilation or codification shall be known and cited officially as 'City Code of
Madison, 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 council.
(c)
The 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 council. Following publication of the first
compilation or codification under this charter and at all times thereafter, the
ordinances and charter amendments shall be printed in substantially the same
style as said first compilation and shall be suitable for incorporation therein.
The council shall make such further arrangements as deemed desirable for the
reproduction and distribution of any current changes in or additions to codes of
technical regulations and other rules and regulations included in the
code.
SECTION
XII.
Taxation and Fees.
Taxation and Fees.
Following
adoption of the operating budget, the council shall levy such taxes as are
necessary. The taxes and tax rates 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 expenses of the general government of the
city.
SECTION
XII-A.
Property tax.
Property tax.
The
council may assess, levy, and collect an ad valorem tax on all real and personal
property within the corporate limits of the city that is subject to such
taxation by the state and county. This tax is for the purpose of raising
revenues to defray the costs of operating the city government, of providing
governmental services, for the repayment of principal and interest on general
obligations, and for any other public purpose as determined by the council in
its discretion.
SECTION
XII-B.
Millage rate; due date; payment methods.
Millage rate; due date; payment methods.
The
council may establish a millage rate for the city property tax, a due date, and
the time period within which these taxes must be paid. The council may provide
for the payment of these taxes by voluntary payment of taxes prior to the time
when due.
SECTION
XII-C.
Occupation taxes and business taxes.
Occupation taxes and business taxes.
The
council by resolution shall have the power to levy such occupation or business
taxes allowed by law. Such taxes may be levied on both individuals and
corporations who transact business in the city or who practice or offer to
practice any profession or calling therein to the extent such persons have a
constitutionally sufficient nexus to the city to be so taxed. The 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 this charter.
SECTION
XII-D.
Regulatory licenses, fees, permits.
Regulatory licenses, fees, permits.
The
council by resolution shall have the power to require any individuals or
corporations who transact business in the city or who practice or offer to
practice any profession or calling therein 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 regulation. Such fees may reflect the total cost to the city of
regulating the activity and, if unpaid, shall be collected as provided in this
charter. The council by resolution may establish reasonable requirements for
obtaining or keeping such licenses as the public health, safety, and welfare
necessitate.
SECTION
XII-E.
Franchises.
Franchises.
The
council shall have the power to grant franchises for the use of the
citýs
streets and alleys for the purposes of railroads, street railways, telephone
companies, electric companies, cable television, gas companies, transportation
companies, and other similar organizations. The council shall determine the
duration, terms, whether the same shall be exclusive or nonexclusive, and the
consideration for such franchises; provided, however, no franchise shall be
granted unless the city receives just and adequate compensation therefor. The
council shall provide for the registration of all franchises with the city clerk
in a registration book kept by the clerk. The council may provide by resolution
for the registration within a reasonable time of all franchises previously
granted. If no franchise agreement is in effect, the council has the authority
to impose a tax on gross receipts for the use of the
citýs
streets and alleys for the purposes of railroads, street railways, telephone
companies, electric companies, electric membership corporations, cable
television and other telecommunications companies, gas companies, transportation
companies and other similar organizations.
SECTION
XII-F.
Service charges.
Service charges.
The
council by resolution shall have the power to assess and collect fees, charges,
and tolls for sewer, water, sanitary and health services, fire services, or any
other services provided or made available within and outside the corporate
limits of the city. If unpaid, such fees, charges, and tolls shall be collected
as provided in this charter.
SECTION
XII-G.
Special assessments.
Special assessments.
The
council, by resolution, shall have the power to assess and collect the cost of
constructing, reconstructing, widening, or improving any public way, street,
sidewalk, curbing, gutter, sewer, 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 this
charter.
SECTION
XII-H.
Construction; other taxes and fees.
Construction; other taxes and fees.
The
council 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 the city to govern
its local affairs.
SECTION
XII-I.
Collection of delinquent taxes and fees.
Collection of delinquent taxes and fees.
The
council by resolution may provide generally for the collection of delinquent
taxes, fees, or other revenue due the city under 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
XIII-A.
General obligation bonds.
General obligation bonds.
The
city shall have the power to issue bonds for the purpose of raising revenue to
carry out any project, program, or venture authorized under this charter or the
laws of the state. Such bonding authority shall be exercised in accordance with
the laws governing bond issuance by municipalities in effect at the time said
issue is undertaken.
SECTION
XIII-B.
Revenue bonds.
Revenue bonds.
The
city may issue revenue bonds 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
XIII-C.
Short-term loans.
Short-term 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
XIII-D.
Lease-purchase contracts.
Lease-purchase contracts.
The
city may enter into multiyear lease, purchase, or lease-purchase contracts for
the acquisition of goods, materials, real and personal property, services, and
supplies. Contracts must be executed in accordance with the requirements of
Georgia Code Section 36-60-13 or other such applicable laws as are or may
hereafter be enacted. The council may further enter into lease, purchase, and
lease-purchase contracts for its property as is permitted by law.
SECTION
XIV.
Qualifications for office of mayor and city council.
Qualifications for office of mayor and city council.
No
person shall be eligible for the offices of mayor or city councilmember unless
he or she is a qualified voter, over 25 years of age, and, at the time he or she
qualifies as a candidate for election, a resident of the city and election
district, if applicable, for six months previous to the election.
SECTION
XV.
Mayor and city council compensation.
Mayor and city council compensation.
Each
councilmember of the City of Madison shall receive a salary of $5,400.00 per
annum, payable in monthly installments on the first day of each month. The
mayor of the City of Madison shall receive a salary of $8,400.00 per annum,
payable in monthly installments on the first day of each month. The mayor pro
tempore of the City of Madison shall receive a salary of $6,000.00 per annum,
payable in monthly installments on the first day of each month.
SECTION
XVI.
Reserved.
SECTION
XVII.
Annual Appointments.
Annual Appointments.
(a)
The council shall appoint an auditor after the first scheduled meeting of the
calendar year, preferably during the second calendar quarter, and annually
thereafter, who shall be a CPA qualified to perform the duties of an auditor and
have all the powers and duties usual and incident to such office. The council
shall have the power to specify such powers through resolution as it sees fit.
This appointment is terminable at will by the council. Before assuming office,
the auditor shall take an oath, given by the mayor, that he or she will honestly
and faithfully discharge the duties of his or her office to the best of his or
her ability and without fear, favor, or partiality.
(b)
The council shall appoint a city attorney after the first scheduled meeting of
the calendar year, preferably during the second calendar quarter, and annually
thereafter, who shall be an attorney in good standing with the Georgia Bar
qualified to perform the duties of a city attorney and have all the powers and
duties usual and incident to such office. The city attorney shall be
responsible for representing and defending the city in all litigation in which
the city is a party; may be a solicitor in the municipal court; shall attend the
meetings of the council as directed; shall advise the 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. This appointment is terminable
at will by the council. Before assuming office, the attorney shall take an
oath, given by the mayor, that he or she will honestly and faithfully discharge
the duties of his or her office to the best of his or her ability and without
fear, favor, or partiality.
SECTION
XVIII-A.
Municipal court judge.
Municipal court judge.
The
council shall appoint a municipal court judge after the first scheduled meeting
of the calendar year, preferably during the second calendar quarter, and
annually thereafter, who shall be qualified to perform the duties of a municipal
court judge and have all the powers and duties usual and incident to such
office. The judge shall serve at the pleasure of the council. The council
shall fix the salary of the judge which shall be paid from the funds of the City
of Madison. 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 25 years and
shall be a member in good standing of the State Bar of Georgia. Before assuming
office, and annually thereafter, the judge shall take an oath, given by the
mayor, that he or she will honestly and faithfully discharge the duties of his
or her office to the best of his or her ability and without fear, favor, or
partiality. The oath shall be entered into the minutes of the mayor and council
required in this charter. The municipal court shall be convened at regular
intervals and as necessary to handle the caseload of the court.
SECTION
XVIII-B.
Jurisdiction; powers.
Jurisdiction; powers.
(a)
The municipal court shall try and punish violations of its charter, all city
ordinances, and such other violations as provided by law.
(b)
The municipal court shall have authority to punish those in its presence for
contempt, provided that such punishment shall not exceed $500.00 or 60 days in
jail.
(c)
The municipal court may fix punishment for offenses within its jurisdiction not
exceeding a fine of $1,000.00 or imprisonment for six months, or both such fine
and imprisonment, or may fix punishment by fine, imprisonment, or alternative
sentencing as now or hereafter provided by law.
(d)
The municipal court shall have authority to establish a schedule of fees to
defray the cost of operation and shall be entitled to reimbursement for
transportation of prisoners bound over to superior courts for violations of
state law.
(e)
The municipal court shall have authority to establish bail and recognizances to
ensure the presence of those charged with violations before said court and shall
have discretionary authority to accept cash or personal or real property as
surety for the appearance of persons charged with violations. Whenever any
person shall give bail for his 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 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 may compel the presence of all parties necessary to a proper
disposition of each case by the issuance of summonses, subpoenas, and warrants
which may be served as executed by any officer as authorized by this charter or
by law.
(h)
Each judge of the municipal court shall be authorized to issue warrants for the
arrest of persons charged with offenses against any ordinance of the city and
each judge of the municipal court shall have the same authority as a magistrate
of the state to issue warrants for offenses against state laws committed within
the city.
(i)
The municipal court is specifically vested with all the jurisdiction and powers
throughout the geographic area of the city granted by law to municipal courts,
and particularly by such laws as authorize the abatement of nuisances and
prosecution of traffic violations.
SECTION
XVIII-C.
Certiorari.
Certiorari.
The
right of certiorari from the decision and judgment of the municipal court shall
exist in all criminal cases and ordinance violations cases and such certiorari
shall be obtained under the sanction of a judge of the Superior Court of Morgan
County under the laws of the State of Georgia regulating the granting and
issuance of writs of certiorari.
SECTION
XVIII-D.
Rules for court.
Rules for court.
With
the approval of the 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 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, a copy shall be furnished to all defendants in municipal court
proceedings at least 24 hours prior to said proceedings.
SECTION
XIX-A.
Bonds for officials.
Bonds for officials.
The
officers and employees of the city, both elected and appointed, shall execute
such surety or fidelity bonds in such amounts and under such terms and
conditions as the council shall from time to time require by ordinance or as may
be provided by law.
SECTION
XIX-B.
Prior ordinances.
Prior ordinances.
All ordinances, resolutions, rules, and regulations that are now in force in the
city and are not inconsistent with this charter are declared valid and of full
effect and force until amended or repealed by the council.
SECTION
XIX-C.
Pending matters.
Pending matters.
Except
as specifically provided otherwise by this charter, all rights, claims, actions,
orders, contracts, and legal or administrative proceedings shall continue, and
any such ongoing work or cases shall be completed by such city agencies,
personnel, or offices as may be provided by the council.
SECTION
XIX-D.
Definitions and construction.
Definitions and construction.
Section
captions in this charter are informative only and are not to be considered as a
part thereof. The word 'shall' is mandatory and the words 'should' and 'may'
are permissive. The singular shall include the plural, the masculine shall
include the feminine, and vice versa.
SECTION
XIX-E.
Severability.
Severability.
If
any article, section, subsection, paragraph, sentence, or part thereof of this
charter shall be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect or impair other parts of this charter
unless it clearly appears that such other parts are wholly and necessarily
dependent upon the part held to be invalid or unconstitutional, it being the
legislative intent in enacting this charter that each article, section,
subsection, paragraph, or part thereof be enacted separately and independently
of each other.
SECTION
XIX-F.
Specific repealer.
Specific repealer.
The
1891 Act providing a new charter for the city, and the charter and amendments
approved previously, are amended in their entirety hereby.
SECTION
XIX-G.
Effective date.
Effective date.
This
Act shall become effective on July 1, 2006.
SECTION
XIX-H.
Repealer.
Repealer.
All
laws and parts of laws in conflict with this Act are
repealed."
Plan Name: madison6 Plan Type: Local User: Angela Administrator: Madison
Plan Name: madison6 Plan Type: Local User: Angela Administrator: Madison
Redistricting
Plan Components Report
District
001
Morgan County
Tract: 9803
BG: 1
1028 1029 1030 1031 1032 1034 1036 1050 1051 1052 1053 1054
1056 1059
BG: 2
2012 2013 2015 2016 2017 2019 2020 2021 2025 2030 2031 2039
2040 2042 2043 2044 2045 2046 2048 2998
BG: 3
3017 3018 3019 3029 3030 3032 3033 3034 3035 3036 3037 3038
Morgan County
Tract: 9803
BG: 1
1028 1029 1030 1031 1032 1034 1036 1050 1051 1052 1053 1054
1056 1059
BG: 2
2012 2013 2015 2016 2017 2019 2020 2021 2025 2030 2031 2039
2040 2042 2043 2044 2045 2046 2048 2998
BG: 3
3017 3018 3019 3029 3030 3032 3033 3034 3035 3036 3037 3038
District
002
Morgan County
Tract: 9803
BG: 1
1044 1045 1046 1047 1048 1049 1055 1057 1058 1060 1061 1062
BG: 2
2041
BG: 3
3020 3021 3022 3023 3024 3025 3026 3027 3028 3045 3046 3047
3048 3049 3050 3051 3052 3053 3054 3055 3056
BG: 4
4001 4002 4003 4004 4005 4006 4025 4026
Morgan County
Tract: 9803
BG: 1
1044 1045 1046 1047 1048 1049 1055 1057 1058 1060 1061 1062
BG: 2
2041
BG: 3
3020 3021 3022 3023 3024 3025 3026 3027 3028 3045 3046 3047
3048 3049 3050 3051 3052 3053 3054 3055 3056
BG: 4
4001 4002 4003 4004 4005 4006 4025 4026
District
003
Morgan County
Tract: 9803
BG: 1
1041 1042 1043 1063 1064 1065 1066 1067 1068 1069 1070 1071
1072 1074 1085 1997
BG: 4
4000 4012 4013 4015 4034
Morgan County
Tract: 9803
BG: 1
1041 1042 1043 1063 1064 1065 1066 1067 1068 1069 1070 1071
1072 1074 1085 1997
BG: 4
4000 4012 4013 4015 4034
District
004
Morgan County
Tract: 9803
BG: 3
3082 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100
3101 3102 3118 3120 3121 3122 3134
BG: 4
4007 4008 4009 4010 4011 4014 4016 4022 4023 4024 4028 4029
4030 4031 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044
4047 4048 4052 4053 4054 4055 4073 4999
Morgan County
Tract: 9803
BG: 3
3082 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100
3101 3102 3118 3120 3121 3122 3134
BG: 4
4007 4008 4009 4010 4011 4014 4016 4022 4023 4024 4028 4029
4030 4031 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044
4047 4048 4052 4053 4054 4055 4073 4999
District
005
Morgan County
Tract: 9803
BG: 2
2022 2023 2024 2026 2027 2028 2029 2032 2033 2034 2035 2036
2037 2038 2047
BG: 3
3013 3014 3015 3016 3031 3039 3040 3044 3057 3058 3059 3060
3061 3080 3081 3083 3084 3085 3086 3087 3088 3089 3998
Morgan County
Tract: 9803
BG: 2
2022 2023 2024 2026 2027 2028 2029 2032 2033 2034 2035 2036
2037 2038 2047
BG: 3
3013 3014 3015 3016 3031 3039 3040 3044 3057 3058 3059 3060
3061 3080 3081 3083 3084 3085 3086 3087 3088 3089 3998