08 LC
14 9789/AP
House
Bill 1033 (AS PASSED HOUSE AND SENATE)
By:
Representative Hudson of the
124th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a new charter for the City of Edgehill in Glascock County; to provide
for incorporation, 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 officers, agents, and personnel of the city; 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 eminent domain; to provide for definitions and construction; to
provide for other matters relative to the foregoing; to repeal a specific Act;
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.
Name.
INCORPORATION AND POWERS
SECTION 1.10.
Name.
This
city and the inhabitants thereof are reincorporated by the enactment of this
charter and are hereby constituted and declared a body politic and corporate
under the name and style City of Edgehill, Georgia, and by that name shall have
perpetual succession.
SECTION
1.11.
Corporate Boundaries.
Corporate Boundaries.
(a)
The boundaries of this 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 this city at all times shall be
shown on a map, a written description or any combination thereof, to be retained
permanently in the city hall and to be designated, as the case may be: "Official
Map (or Description) of the corporate limits of the City of Edgehill, 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.
(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 entire map or maps, which it is designated to replace.
(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 entire map or maps, which it is designated to replace.
SECTION
1.12.
Powers and Construction.
Powers and Construction.
(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.
(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.
SECTION
1.13.
Examples of Powers.
Examples of Powers.
The
powers of the city shall include, but are not limited to, the
power:
(1)
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 hereunder;
(2)
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;
(3)
Building Regulation. To regulate and to license the erection and construction
of buildings and all other structures; to adopt building, housing, plumbing,
fire safety, electrical, gas, and heating and air conditioning codes; and to
regulate all housing, and building trades;
(4)
Business Regulation and Taxation. To levy and to provide for the collection of
regulatory fees and taxes on privileges, occupations, trades, and professions as
authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or
may hereafter be enacted; to permit and regulate the same; to provide for the
manner and method of payment of such regulatory fees and taxes; and to revoke
such permits after due process for failure to pay any city taxes or
fees;
(5)
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 applicable laws as are or may hereafter be
enacted;
(6)
Contracts. To enter into contracts and agreements with other governmental
entities and with private persons, firms, and corporations;
(7)
Emergencies. To establish procedures for determining and proclaiming that an
emergency situation exists within or without 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;
(8)
Environmental Protection. To protect and preserve the natural resources,
environment, and vital areas of the city, the region, and the state through the
preservation and improvement of air quality, the restoration and maintenance of
water resources, the control of erosion and sedimentation, the management of
storm water and establishment of a storm-water utility, the management of solid
and hazardous waste, and other necessary actions for the protection of the
environment;
(9)
Fire Regulations. To fix and establish fire limits 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;
(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 therein 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, 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;
(12)
Gifts. To accept or refuse gifts, donations, bequests, or grants from any
source for any purpose related to 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 and to
provide for the enforcement of such standards;
(14)
Jail Sentences. To provide that persons given jail sentences in the city´s
court may work out such sentences in any public works or on the streets, roads,
drains, and other public property in the city, to provide for commitment of such
persons to any jail, to provide for the use of pretrial diversion and any
alternative sentencing allowed by law, or to provide for 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, lease, 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, storm-water management, gas
works, electric light plants, cable television and other telecommunications,
transportation facilities, public airports, 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;
(21)
Nuisance. 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 insure a safe, healthy, and aesthetically
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 firefighting 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 and 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, detentional, penal and medical institutions, agencies and
facilities; and 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 loitering,
disorderly conduct, drunkenness, riots, and public disturbances;
(28)
Public Transportation. To organize and operate such public transportation
systems as are deemed beneficial;
(29)
Public Utilities and Services. To grant franchises or make contracts for, or
impose taxes on public utilities and public service companies; and to prescribe
the rates, fares, regulations and 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, within 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 and other employee
benefit plans and programs 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 grant franchises and rights-of-way throughout the streets and roads, and
over the bridges and viaducts for the use of public utilities; 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, and to levy on those to whom sewers
and sewerage 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 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 to
provide for the sale of such items;
(35)
Special Areas of Public Regulation. To regulate or prohibit junk dealers, the
manufacture and sale of intoxicating liquors; 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 taxation or otherwise; to license and tax professional
fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores
to certain areas;
(36)
Special Assessments. To levy and provide for the collection of special
assessments to cover the costs for any public improvements;
(37)
Taxes: Ad Valorem. To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation;
(38)
Taxes: Other. 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;
(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; and to exercise all implied powers
necessary or desirable to carry into execution all powers granted in this
charter as fully and completely as if such powers were fully stated herein; 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
1.14.
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
SECTION 2.10.
City Council Creation; Number; Election.
GOVERNMENT STRUCTURE
SECTION 2.10.
City Council Creation; Number; Election.
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 two councilmembers. The city council established shall
in all respects be successor to and continuation of the governing authority
under prior law. The mayor and councilmembers shall be elected in the manner
provided by general law and this charter.
SECTION
2.11.
City Council Terms and Qualifications for Office.
City Council Terms and Qualifications for Office.
The
mayor and members of the city council 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 that person shall have been a
resident of the city for 12 months prior to the date of election of mayor or
members of the council; each shall continue to reside therein during that
mayor´s or member´s period of service and to be registered and
qualified to vote in municipal elections of this city.
SECTION
2.12.
Vacancy; Filling of Vacancies.
Vacancy; Filling of Vacancies.
(a)
Vacancies - The office of mayor or councilmember shall become vacant upon the
incumbent´s death, resignation, forfeiture of office, or occurrence of any
event specified by the Constitution of the State of Georgia, Title 45 of the
O.C.G.A., or such other applicable laws as are or may hereafter be
enacted.
(b) Filling of Vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining.
(c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.
(b) Filling of Vacancies - A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the city council or those members remaining.
(c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.
SECTION
2.13.
Compensation and Expenses.
Compensation and Expenses.
The
mayor and councilmembers shall receive compensation and expenses for their
services as provided by ordinance.
SECTION
2.14.
Holding Other Office; Voting When Financially Interested.
Holding Other Office; Voting When Financially Interested.
(a)
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.
(b) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which that person was elected.
(c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
(b) Except as authorized by law, the mayor or any councilmember shall not hold any other city office or city employment during the term for which that person was elected.
(c) Neither the mayor nor any member of the city council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested.
SECTION
2.15.
Inquiries and Investigations.
Inquiries and Investigations.
Following
the adoption of an authorizing resolution, 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 city council shall be punished as provided by
ordinance.
SECTION
2.16.
General Power and Authority of the City Council.
General Power and Authority of the City Council.
(a)
Except as otherwise provided by law or this charter, the city council shall be
vested with all the powers of government of this
city.
(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Edgehill and may enforce such ordinances by imposing penalties for violation thereof.
(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Edgehill and may enforce such ordinances by imposing penalties for violation thereof.
SECTION
2.17.
Eminent Domain.
Eminent Domain.
The
city council is hereby 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, corrective, detentional, penal and medical
institutions, agencies and facilities, and any other public improvements inside
or outside the city, and to regulate the use thereof, and for such purposes,
property may be condemned under procedures established under general law
applicable now or as provided in the future.
SECTION
2.18.
Organizational Meetings.
Organizational Meetings.
The
city council shall hold an organizational meeting on the second Tuesday in
January. The meeting shall be called to order by the mayor or city clerk and the
oath of office shall be administered to the newly elected members by a judicial
officer authorized to administer oaths and shall, to the extent that it comports
with federal and state law, be 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. I am not the holder of any unaccounted for
public money due this state or any political subdivision or authority thereof.
I am not the holder of any office of trust under the government of the United
States, any other state, or any foreign state which I by the laws of the State
of Georgia am prohibited from holding. I am otherwise qualified to hold said
office according to the Constitution and laws of Georgia. I have been a
resident of the City of Edgehill for the time required by the Constitution and
laws of this state and by the municipal charter. I will perform the duties of
my office in the best interest of the City of Edgehill to the best of my ability
without fear, favor, affection, reward, or expectation thereof."
SECTION
2.19.
Regular and Special Meetings.
Regular and Special Meetings.
(a)
The city council shall hold regular meetings at such times and places as shall
be prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or one member of the city council. Notice of such special meetings 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 councilmember´s 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 made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
(b) Special meetings of the city council may be held on call of the mayor or one member of the city council. Notice of such special meetings 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 councilmember´s 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 made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted.
SECTION
2.20.
Rules of Procedure.
Rules of Procedure.
(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 chairs 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 chairs 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
2.21.
Quorum; Voting.
Quorum; Voting.
(a)
The mayor and one councilmember shall constitute a quorum, or in the absence of
the mayor, two councilmembers shall constitute a quorum and shall be authorized
to transact 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 the mayor and one councilmember or the
affirmative vote of two councilmembers shall be required for the adoption of any
ordinance, resolution, or motion.
(b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.
(b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.
SECTION
2.22.
Ordinance Form; Procedures.
Ordinance Form; Procedures.
(a)
Every proposed ordinance should 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 "It is hereby ordained by
the governing authority of the City of Edgehill" and every ordinance shall so
begin.
(b) An ordinance may be introduced by the mayor or 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, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. 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 the mayor or 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, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. 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
2.23.
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
2.24.
Emergencies.
Emergencies.
(a)
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
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 the
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 the mayor and one councilmember or the affirmative
vote of two 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 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.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION
2.25.
Codes of Technical Regulations.
Codes of Technical Regulations.
(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 Section 2.22(b) 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 2.26.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION
2.26.
Signing; Authenticating; Recording; Compilation; Printing.
Signing; Authenticating; Recording; Compilation; Printing.
(a)
The clerk shall authenticate by the clerk´s signature and record in full in
a properly indexed book kept for that purpose, all ordinances adopted by the
council.
(b) The city council shall provide for the preparation of a general compilation of all the ordinances of the city having the force and effect of law. The general compilation shall be adopted by the city 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 city council may specify. This compilation shall be known and cited officially as "The Compiled Ordinances of the City of Edgehill, Georgia." Copies of the compilation shall be furnished to all officers, departments, and agencies of the city, and 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. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the compilation.
(b) The city council shall provide for the preparation of a general compilation of all the ordinances of the city having the force and effect of law. The general compilation shall be adopted by the city 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 city council may specify. This compilation shall be known and cited officially as "The Compiled Ordinances of the City of Edgehill, Georgia." Copies of the compilation shall be furnished to all officers, departments, and agencies of the city, and 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. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the compilation.
SECTION
2.27.
Election of Mayor; Forfeiture.
Election of Mayor; Forfeiture.
The
mayor shall be elected and serve for a term of four years and until a successor
is elected and qualified. The mayor shall be a qualified elector of this city
and shall have been a resident of the city for 12 months prior to the date of
election. The mayor shall continue to reside in this city during the period of
service. The mayor shall forfeit the office on the same grounds and under the
same procedure as for councilmembers.
SECTION
2.28.
Mayor Pro Tem.
Mayor Pro Tem.
By
a majority vote, the city council shall elect a councilmember to serve as mayor
pro tem. The mayor pro tem shall assume the duties and powers of the mayor
during the mayor´s physical or mental disability, suspension from office,
or absence. Any such disability or absence shall be declared by a majority vote
of the city council. The mayor pro tem shall sign all contracts and ordinances
in which the mayor has a disqualifying financial interest as provided in Section
2.14. When acting as mayor, the mayor pro tem shall continue to vote as a
member of the council.
SECTION
2.29.
Powers and Duties of Mayor.
Powers and Duties of Mayor.
The
mayor shall:
(1)
Preside at all meetings of the city council;
(2)
Exercise supervision over all administrative work of the city and provide for
the coordination of administrative activities;
(3)
Be the head of the city for the purpose of service of process and for ceremonial
purposes, and be the official spokesperson for the city and the chief advocate
of policy;
(4)
Have the power to administer oaths and to take affidavits;
(5)
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;
(6)
Vote on matters before the city council and be counted toward a quorum as any
other councilmember;
(7)
Prepare and submit to the city council a recommended annual operating budget and
recommended capital budget; and
(8)
Fulfill such other executive and administrative duties as the city council shall
by ordinance establish.
ARTICLE
III
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
Administrative and Service Departments.
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
Administrative and Service Departments.
(a)
Except as otherwise provided in this charter, the city council, by ordinance,
shall prescribe the functions or duties, and establish, abolish, alter,
consolidate, or leave vacant 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 appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution.
(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 council, be responsible for the administration and direction of the affairs and operations of that director´s department or agency.
(e) All appointive officers and directors under the supervision of the city council shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the city council unless otherwise provided by law or ordinance.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution.
(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 council, be responsible for the administration and direction of the affairs and operations of that director´s department or agency.
(e) All appointive officers and directors under the supervision of the city council shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers and directors shall be employees at-will and subject to removal or suspension at any time by the city council unless otherwise provided by law or ordinance.
SECTION
3.11.
Boards, Commissions, and Authorities.
Boards, Commissions, and Authorities.
(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 herein for 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 that person has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of that member´s office, such oath to be prescribed by ordinance and administered by the mayor.
(g) All board members serve at-will and may be removed at any time by a majority vote of the city council unless otherwise provided by law.
(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 chair and one member as vice-chair, and may elect as its secretary one of its own 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, ordinances 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 herein for 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 that person has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of that member´s office, such oath to be prescribed by ordinance and administered by the mayor.
(g) All board members serve at-will and may be removed at any time by a majority vote of the city council unless otherwise provided by law.
(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 chair and one member as vice-chair, and may elect as its secretary one of its own 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, ordinances 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
3.12.
City Attorney.
City Attorney.
The
city council shall appoint a city attorney, together with such assistant city
attorneys as may be authorized, and shall provide for the payment of such
attorney or attorneys for services rendered to the city. The city attorney
shall be responsible for providing for the representation and defense of 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 city´s affairs; and shall
perform such other duties as may be required by virtue of the person´s
position as city attorney. The city attorney is not a public official of the
city and does not take an oath of office. The city attorney shall at all times
be an independent contractor. A law firm, rather than an individual, may be
designated as the city attorney.
SECTION
3.13.
City Clerk.
City Clerk.
The
city council shall appoint a city clerk who shall not be the mayor or a
councilmember. The city clerk shall be custodian of the official city seal and
city records; maintain city council records required by this charter; and
perform such other duties as may be required by the city council.
SECTION
3.14.
Personnel Policies.
Personnel Policies.
All
employees serve at-will and may be removed from office at any time unless
otherwise provided by ordinance.
ARTICLE
IV
JUDICIAL BRANCH
SECTION 4.10.
Creation; Name.
JUDICIAL BRANCH
SECTION 4.10.
Creation; Name.
There
may be created by the city council a court to be known as the Municipal Court of
the City of Edgehill. Upon creation, such court shall adhere to the provisions
of this article.
SECTION
4.11.
Chief Judge; Associate Judge.
Chief Judge; Associate Judge.
(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.
(b) No person shall be qualified or eligible to serve as a judge on municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person´s ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.
(b) No person shall be qualified or eligible to serve as a judge on municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person´s ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20.
SECTION
4.12.
Convening.
Convening.
The
municipal court shall be convened at regular intervals as provided by
ordinance.
SECTION
4.13.
Jurisdiction; Powers.
Jurisdiction; Powers.
(a)
The municipal court shall have jurisdiction and authority to try and punish
violations of this 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 $200.00 or ten 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 180 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 authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking 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 that person´s appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant´s 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 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.
(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.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten 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 180 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 authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking 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 that person´s appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant´s 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 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.
(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.
SECTION
4.14.
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
Glascock County under the laws of the State of Georgia regulating the granting
and issuance of writs of certiorari.
SECTION
4.15.
Rules for Court.
Rules for Court.
With
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 municipal 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 48 hours prior to said
proceedings.
ARTICLE
V
ELECTIONS AND REMOVAL
SECTION 5.10.
Applicability of General Law.
ELECTIONS AND REMOVAL
SECTION 5.10.
Applicability of General Law.
All
primaries and elections shall be held and conducted in accordance with the
Georgia Election Code, Chapter 2 of Title 21 of the O.C.G.A., as now or
hereafter amended.
SECTION
5.11.
Election of the City Council.
Election of the City Council.
(a)
There shall be a municipal general election biennially in the odd years on the
Tuesday next following the first Monday in
November.
(b) There shall be elected the mayor and one councilmember at one election and at every other election thereafter. The remaining city council seat shall be filled at the election alternating with the first election so that a continuing body is created. Terms shall be for four years.
(c) In order to create a continuing body, the following provisions shall apply until such time the election schedule provided in this section can be implemented:
(b) There shall be elected the mayor and one councilmember at one election and at every other election thereafter. The remaining city council seat shall be filled at the election alternating with the first election so that a continuing body is created. Terms shall be for four years.
(c) In order to create a continuing body, the following provisions shall apply until such time the election schedule provided in this section can be implemented:
(1)
On the Tuesday following the first Monday in November, 2009, an election shall
be conducted to elect a mayor and one councilmember. The mayor elected at that
time shall take office on January 1, 2010, at the expiration of the term of
office of the person serving as mayor on January 1, 2006, W. Durham Milburn.
The candidate elected at that time to the council seat held on January 1, 2006
by Dewey Belcher shall take office on January 1, 2010. The mayor and
councilmember elected in November, 2009, shall serve for a four-year term
expiring December 31, 2013, and until such mayor´s or councilmember´s
successors are elected and qualified. The successors to the positions expiring
on December 31, 2013, shall be elected on the Tuesday following the first Monday
in November, 2013. The mayor candidate and city council candidate elected in
November, 2013, shall serve for a four-year term beginning January 1, 2014, and
expiring on December 31, 2017. Thereafter, the election schedule provided in
subsections (a) and (b) of this section shall apply.
(2)
On the Tuesday following the first Monday in November, 2009, an election shall
be conducted to elect one councilmember. The candidate elected at that time to
the council seat held on January 1, 2006 by Annette Black (which seat is
currently held by Gary Kitchens) shall take office on January 1, 2010. The
councilmember elected in November, 2009 shall serve for a two-year term expiring
December 31, 2011, and until such councilmember´s successor is elected and
qualified. The successor to the position expiring on December 31, 2011, shall
be elected on the Tuesday following the first Monday in November, 2011. The
candidate elected in November, 2011 shall serve for a four-year term beginning
January 1, 2012, and expiring on December 31, 2015. Thereafter, the election
schedule provided in subsections (a) and (b) of this section shall
apply.
(3)
The council seat held on January 1, 2006, by Roy Black which was vacated by Roy
Black´s resignation from city council, which seat is currently vacant (open
seat), shall be abolished.
SECTION
5.12.
Non-Partisan Elections.
Non-Partisan Elections.
Political
parties shall not conduct primaries for city offices and all names of candidates
for city offices shall be listed without party designations.
SECTION
5.13.
Election by Plurality.
Election by Plurality.
The
person receiving a plurality of the votes cast for any city office shall be
elected.
SECTION
5.14.
Other Provisions.
Other Provisions.
Except
as otherwise provided by this charter, the city council shall, by ordinance,
prescribe such rules and regulations it deems appropriate to fulfill any options
and duties under the Georgia Election Code.
SECTION
5.15.
Removal of Officers.
Removal of Officers.
(a)
The mayor, councilmembers, or other appointed officers provided for in this
charter shall be removed from office for any one or more of the causes provided
in Title 45 of the O.C.G.A., or such other applicable laws as are or may
hereafter be enacted.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1)
Following a hearing at which an impartial panel shall render a decision. 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. The city council
shall provide by ordinance for the manner in which such hearings shall be held.
Any elected officer sought to be removed from office as herein provided shall
have the right of appeal from the decision of the city council to the Superior
Court of Glascock 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 Glascock County following a hearing on a
complaint seeking such removal brought by any resident of the City of
Edgehill.
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, of 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 Rate; Due Dates; Payment Methods.
Millage Rate; Due Dates; Payment Methods.
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 two
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 and Business Taxes.
Occupation and Business Taxes.
The
city council by ordinance shall have the power to levy such occupation or
business taxes as are not denied by law. The city council may classify
businesses, occupations, or professions 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.
SECTION
6.13.
Regulatory Fees; Permits.
Regulatory Fees; Permits.
The
city council by ordinance shall have the power to require businesses or
practitioners doing business within this city to obtain a permit for such
activity from the city and pay a reasonable regulatory fee for such permit as
provided by general law. Such fees shall reflect the total cost to the city of
regulating the activity, and if unpaid, shall be collected as provided in
Section 6.18.
SECTION
6.14.
Franchises.
Franchises.
(a)
The city council shall have the power to grant franchises for the use of this
city´s 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. 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.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city´s 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.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city´s 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
6.15.
Service Charges.
Service Charges.
The
city council by ordinance shall have the power to assess and collect fees,
charges, assessments, and tolls for sewers, sanitary and health services, or any
other services provided or made available within and without the corporate
limits of the city. If unpaid, such charges shall be collected as provided in
Section 6.18.
SECTION
6.16.
Special Assessments.
Special Assessments.
The
city council by ordinance shall have the power to assess and collect the cost 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. If unpaid, such charges shall be collected
as provided in Section 6.18.
SECTION
6.17.
Construction; Other Taxes and Fees.
Construction; Other Taxes and Fees.
This
city shall be empowered to levy any other tax or fee 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 and Fees.
Collection of Delinquent Taxes and Fees.
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 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 permits for failure to
pay any city taxes or fees; and providing for the assignment or transfer of tax
executions.
SECTION
6.19.
General Obligation Bonds.
General Obligation Bonds.
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 the 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.
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
6.22.
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 provided the contract terminates without further obligation on the part
of the municipality at the close of the calendar year in which it was executed
and at the close of each succeeding calendar year for which it may be renewed.
Contracts must be executed in accordance with the requirements of Code Section
36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter
be enacted.
SECTION
6.23.
Fiscal Year.
Fiscal Year.
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 unless otherwise provided by state or federal law.
SECTION
6.24.
Preparation of Budgets.
Preparation of Budgets.
The
city council shall provide an ordinance on the procedures and requirements for
the preparation and execution of an annual operating budget, a capital
improvement plan, and a capital budget, including requirements as to the scope,
content, and form of such budgets and plans.
SECTION
6.25.
Submission of Budget to City Council.
Submission of Budget to City Council.
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 mayor 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 mayor 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 pertinent comments and information. The operating budget
and the capital budget hereinafter provided for, 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
6.26.
Action by City Council on Budget.
Action by City Council on Budget.
(a)
The city council may amend the operating budget proposed by the mayor, 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, and the total appropriations
from any fund shall not exceed the estimated fund balance, reserves, and
revenues.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the 30th day of June of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the 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 6.24.
(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 allotment thereof, to which it is chargeable.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the 30th day of June of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the 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 6.24.
(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 allotment thereof, to which it is chargeable.
SECTION
6.27.
Tax Levies.
Tax Levies.
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 expenses of the general government of this
city.
SECTION
6.28.
Changes in Appropriations.
Changes in Appropriations.
The
city council by ordinance may make changes in the appropriations contained in
the current operating budget, at any regular meeting, special, or emergency
meeting called for such purpose, but any additional appropriations may be made
only from an existing unexpended surplus.
SECTION
6.29.
Capital Budget.
Capital Budget.
(a)
On or before the date fixed by the city council but no later than 60 days prior
to the beginning of each fiscal year, the mayor shall submit to the city council
a proposed capital improvements plan with a recommended capital budget
containing the means of financing the improvements proposed for the ensuing
fiscal year. The city council shall have power to accept, with or without
amendments, or reject the proposed plan and proposed budget. 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 budget, except to meet a public emergency as provided in
Section 2.24.
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the 30th day of June of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the 30th day of June of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION
6.30.
Independent Audit.
Independent Audit.
The
city council shall provide for and cause to be made an annual report of agreed
upon procedures for each fiscal year, or such other audit or report as may be
required by law. The annual report of agreed upon procedures shall include at a
minimum: proof and reconciliation of cash, confirmation of cash balances, a
listing of bank balances by bank, a statement of cash receipts and cash
disbursements, a review of compliance with state law, and a report of agreed
upon procedures. The agreed upon procedures report shall be in a format
prescribed by the state auditor and shall constitute an annual audit report for
purposes of and within the meaning of Code Section 36-81-7 of the O.C.G.A.
Copies of annual financial reports shall be available at printing costs to the
public.
SECTION
6.31.
Contracting Procedures.
Contracting Procedures.
No
contract with the city shall be binding on the city unless it is in writing and
it is made or authorized by the city council and such approval is entered in the
city council journal of proceedings pursuant to Section 2.21.
SECTION
6.32.
Centralized Purchasing.
Centralized Purchasing.
The
city council shall by ordinance prescribe procedures for a system of centralized
purchasing for the city.
SECTION
6.33.
Sale and Lease of City Property.
Sale and Lease of City Property.
(a)
The city council may sell and convey, or lease 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 report by the 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 sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner´s property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. 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 report by the 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 sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner´s property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. 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 elective and appointive, 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.
Existing Ordinances, Resolutions, Rules, and Regulations.
Existing Ordinances, Resolutions, Rules, and Regulations.
All
ordinances, resolutions, rules, and regulations now in force in the city not
inconsistent with this charter are hereby declared valid and of full effect and
force until amended or repealed by the city council.
SECTION
7.12.
Existing Personnel and Officers.
Existing Personnel and Officers.
Except
as specifically provided otherwise by this charter, all personnel and officers
of the city and their rights, privileges, and powers shall continue beyond the
time this charter takes effect for a period of 60 days before or during which
the existing city council shall pass a transition ordinance detailing the
changes in personnel and appointive officers required or desired and arranging
such titles, rights, privileges, and powers as may be required or desired to
allow a reasonable transition.
SECTION
7.13.
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 city council.
SECTION
7.14.
Construction.
Construction.
(a)
Section captions in this charter are informative only and are not to 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
7.15.
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, sentence, or part thereof be enacted separately and
independent of each other.
SECTION
7.16.
Specific Repealer.
Specific Repealer.
An
Act incorporating the City of Edgehill in the County of Glascock, approved March
6, 1939 (Ga. L. 1939, p. 1049), is hereby repealed in its entirety and any
amendatory acts thereto are likewise repealed in their entirety.
SECTION
7.17.
General Repealer.
General Repealer.
All
other laws and parts of laws in conflict with this Act are hereby
repealed.