08 LC 28
4209ER/AP
House
Bill 1469 (AS PASSED HOUSE AND SENATE)
By:
Representative Powell of the
29th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend an Act providing a new charter for the City of Franklin Springs, approved
April 13, 1992 (Ga. L. 1992, p. 6180), so as to restate and
reenact such charter; to provide for duties of the mayor and city manager; to
revise provisions of the charter to conform with certain changes in law; to
provide for related matters; to provide an effective date; 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 Franklin Springs, approved
April 13, 1992 (Ga. L. 1992, p. 6180), is amended by
striking the charter in its entirety and inserting in lieu thereof the
following:
"ARTICLE
I
INCORPORATION AND POWERS
SECTION 1.10.
Name.
INCORPORATION AND POWERS
SECTION 1.10.
Name.
This
city and the inhabitants thereof are hereby constituted and declared a body
politic and corporate under the name and style Franklin Springs, 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 office of the mayor and to be designated, as the
case may be: 'Official Map of the Corporate Limits of the City of Franklin
Springs, Georgia.' Photographic, typed, or other copies of such map or
description certified by the city manager 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
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.
(a)
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.
(b) 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.
(c) 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 housing, and building trades.
(d) 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 such other laws as are or may be hereafter 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.
(e) 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 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.
(f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations.
(g) 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.
(h) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of 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 solid and hazardous waste, and other necessary actions for the protection of the environment.
(i) 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.
(j) 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.
(k) 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.
(l) 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.
(m) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards.
(n) 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 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.
(o) 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.
(p) 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.
(q) 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.
(r) 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.
(s) 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.
(t) 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, cable television, 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.
(u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property.
(v) 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.
(w) 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.
(x) Police and Fire Protection. To exercise the power of arrest through duly appointed police, and to establish, operate, or contract for a police and a fire fighting agency.
(y) 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.
(z) 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.
(aa) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances.
(bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial.
(cc) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; 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.
(dd) 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.
(ee) Retirement. To provide and maintain a retirement plan for officers and employees of the city.
(ff) 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 for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so.
(gg) 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.
(hh) 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.
(ii) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors.
(jj) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements.
(kk) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation.
(ll) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law.
(mm) 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.
(nn) Urban Redevelopment. To organize and operate an urban redevelopment program.
(oo) 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 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.
(b) 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.
(c) 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 housing, and building trades.
(d) 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 such other laws as are or may be hereafter 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.
(e) 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 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.
(f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations.
(g) 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.
(h) Environmental Protection. To protect and preserve the natural resources, environment, and vital areas of 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 solid and hazardous waste, and other necessary actions for the protection of the environment.
(i) 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.
(j) 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.
(k) 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.
(l) 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.
(m) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards.
(n) 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 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.
(o) 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.
(p) 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.
(q) 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.
(r) 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.
(s) 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.
(t) 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, cable television, 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.
(u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property.
(v) 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.
(w) 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.
(x) Police and Fire Protection. To exercise the power of arrest through duly appointed police, and to establish, operate, or contract for a police and a fire fighting agency.
(y) 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.
(z) 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.
(aa) Public Peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances.
(bb) Public Transportation. To organize and operate such public transportation systems as are deemed beneficial.
(cc) Public Utilities and Services. To grant franchises or make contracts for public utilities and public services; 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.
(dd) 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.
(ee) Retirement. To provide and maintain a retirement plan for officers and employees of the city.
(ff) 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 for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so.
(gg) 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.
(hh) 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.
(ii) Special Areas of Public Regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors.
(jj) Special Assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements.
(kk) Taxes: Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation.
(ll) Taxes: Other. To levy and collect such other taxes as may be allowed now or in the future by law.
(mm) 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.
(nn) Urban Redevelopment. To organize and operate an urban redevelopment program.
(oo) 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 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 the
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 four council members. The city council established
shall in all respects be a successor to and continuation of the governing
authority under prior law. The mayor and council members shall be elected in
the manner provided by this charter.
SECTION
2.11.
City Council Terms and Qualifications for Office.
City Council Terms and Qualifications for Office.
The
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 council member unless they shall be 21 years of age on or
before the date of the election and they shall have been a resident of the city
for at least one year immediately prior to the date of the election of mayor or
members of the city council; each shall continue to reside therein during their
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 council member shall become vacant upon the
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 if less than 12 months remain in the unexpired term, otherwise by an election, as provided for in Section 2.14 of this charter and in accordance with Titles 21 and 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 if less than 12 months remain in the unexpired term, otherwise by an election, as provided for in Section 2.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted.
SECTION
2.13.
Compensation and Expenses.
Compensation and Expenses.
The
mayor and council members shall receive compensation and expenses for their
services as provided by ordinance.
SECTION
2.14.
Conflicts of Interest; Holding Other Offices.
Conflicts of Interest; Holding Other Offices.
(a)
Conflict of Interest - No elected official, appointed officer, or employee of
the city or any political entity to which this charter applies shall
knowingly:
(1)
Engage in any business or transaction, or have a financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge of
their official duties or which would tend to impair the independence of their
judgment or action in the performance of their official duties;
(2)
Engage in or accept private employment, or render services for private interests
when such employment or service is incompatible with the proper discharge of
their official duties or would tend to impair the independence of their judgment
or action in the performance of their official duties;
(3)
Disclose confidential information concerning the property, government, or
affairs of the governmental body by which they are engaged without the proper
legal authorization; or use such information to advance the financial or other
private interest of themselves 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 their knowledge is
interested, directly or indirectly, in any manner whatsoever, in business
dealings with the governmental body by which they are 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.
Valuables are defined as gifts worth over $50.00;
(5)
Represent other private interests in any action or proceeding against this city
or any portion of its government; and
(6)
Vote or otherwise participate in the negotiation or in the making of any
contract with any business or entity in which they have financial
interest.
(b)
Disclosure - Any elected official, appointed officer, or employee who shall have
any private financial interest, directly or indirectly, in any contract or
matter pending before or within any department of the city shall disclose such
private interest to the city council. The mayor or any council member who has a
private interest in any matter pending before the city council shall disclose
such private interest and such disclosure shall be entered on the records of the
city council, and they shall disqualify themselves from participating in any
decision or vote relating thereto. Any elected official, appointed officer, or
employee of any agency or political entity to which this charter applies who
shall have any private financial interest, directly or indirectly, in any
contract or matter pending before or within such entity shall disclose such
private interest to the governing body of such agency or
entity.
(c) 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 city council or the governing body of such agency or entity.
(d) 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 city official.
(e) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which they were elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one year after the expiration of the term for which they were elected.
(f) Political Activities of Certain Officers and Employees - No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.
(g) Penalties for Violation -
(c) 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 city council or the governing body of such agency or entity.
(d) 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 city official.
(e) Ineligibility of Elected Official - Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which they were elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one year after the expiration of the term for which they were elected.
(f) Political Activities of Certain Officers and Employees - No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office.
(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 deemed to have forfeited their
office or position.
(2)
Any officer or employee of the city who shall forfeit their 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
2.15.
Inquiries and Investigations.
Inquiries and Investigations.
The
city council may make inquiries and investigations into the affairs of the city
and the conduct of any department, office, or agency thereof, and for this
purpose may subpoena witnesses, administer oaths, take testimony, and require
the production of evidence. Any person who fails or refuses to obey a lawful
order issued in the exercise of these powers by the 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.
Except
as otherwise provided by the charter, the city council shall be vested with all
the powers of government of this city as provided by Article I of this
charter.
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, cable television 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.
Oath of Office.
Oath of Office.
The
oath of office shall be administered by a person duly authorized by law to
administer oaths to the newly elected members as follows:
'I
do solemnly (swear) (affirm) that I will faithfully perform the duties of
(mayor) (council member) 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.'
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
prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member 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 council member´s presence. Only the business stated in the call may be transacted at the special meeting without unanimous consent of such council members present.
(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 as required by law.
(b) Special meetings of the city council may be held on call of the mayor or two members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member 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 council member´s presence. Only the business stated in the call may be transacted at the special meeting without unanimous consent of such council members present.
(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 as required by law.
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 chairmen and officers of the city council shall be appointed by the mayor and shall serve at the mayor´s pleasure. The mayor shall have the power to appoint new members to any committee at any time.
(b) All committees and committee chairmen and officers of the city council shall be appointed by the mayor and shall serve at the mayor´s pleasure. The mayor shall have the power to appoint new members to any committee at any time.
SECTION
2.21.
Quorum: Voting.
Quorum: Voting.
(a)
Three council members 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 a majority of council members present
shall be required for the adoption of any ordinance, resolution, or
motion.
(b) In the event vacancies in office result in less than a quorum of council members holding office, then the remaining council members in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining council members shall be required for the adoption of any ordinance, resolution, or motion.
(b) In the event vacancies in office result in less than a quorum of council members holding office, then the remaining council members in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining council members shall be required for the adoption of any ordinance, resolution, or motion.
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 'The Council of the City
of Franklin Springs hereby ordains. . .' and every ordinance shall so
begin.
(b) An ordinance may be introduced by any council member 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 city clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the city clerk and at such other places as the city council may designate.
(b) An ordinance may be introduced by any council member 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 city clerk shall as soon as possible distribute a copy to the mayor and to each council member and shall file a reasonable number of copies in the office of the city clerk and at such other 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.
To
meet a public emergency affecting life, health, property, or public peace, the
city council may convene on call of the mayor or two council members 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 at least a majority of the council members present
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
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 subsection (b) of Section 2.22 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 city clerk pursuant to
Section 2.26.
(b)
Copies of any adopted code of technical regulations shall be made available by
the city clerk for distribution or for purchase at a reasonable
price.
SECTION
2.26.
Signing; Authenticating; Recording; Codification; Printing.
Signing; Authenticating; Recording; Codification; Printing.
(a)
The city clerk shall authenticate, by his or her signature and record in full in
a properly indexed book kept for that purpose, all ordinances adopted by the
council.
(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and 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 'Code of Ordinances, City of Franklin Springs, Georgia.' Copies of the code 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. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. 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 code.
(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and 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 'Code of Ordinances, City of Franklin Springs, Georgia.' Copies of the code 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. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. 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 code.
SECTION
2.27.
City Manager; Appointment; Qualifications; Compensation.
City Manager; Appointment; Qualifications; Compensation.
The
city council may employ a city manager for an indefinite term and shall fix the
city manager´s compensation. The city manager shall be employed solely on
the basis of the city manager´s executive and administrative
qualifications.
SECTION
2.28.
Removal of City Manager.
Removal of City Manager.
The
city manager is employed at will and may be summarily removed from office at any
time by the city council.
SECTION
2.29.
Powers and Duties of the City Manager.
Powers and Duties of the City Manager.
The
city manager shall be the chief administrative officer of the city. The city
manager shall be responsible to the mayor for the administration of all city
affairs placed in the city manager´s charge by and under this charter. As
the chief administrative officer, the city manager shall:
(1)
Appoint and, when the city manager deems it necessary for the good of the city,
suspend or remove all city employees and administrative officers the city
manager appoints, except as otherwise provided by law or personnel ordinances
adopted pursuant to this charter. The city manager may authorize any
administrative officer who is subject to the city manager´s direction and
supervision to exercise these powers with respect to subordinates in that
officer´s department, office, or agency;
(2)
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)
Attend all city council meetings except for closed meetings held for the purpose
of deliberating on the appointment, discipline, or removal of the city manager
and have the right to take part in discussion but not vote;
(4)
See that all laws, provisions of this charter, and acts of the mayor and city
council, subject to enforcement by the city manager or by officers subject to
the city manager´s direction and supervision, are faithfully
executed;
(5)
Prepare and submit the annual operating budget and capital budget to the mayor
and city council;
(6)
Submit to the mayor and city council and make available to the public the
complete report on the finances and administrative activities of the city as of
the end of each fiscal year;
(7)
Make such other reports as the mayor and city council may require concerning the
operation of city departments, offices, and agencies subject to the city
manager´s direction and supervision;
(8)
Keep the mayor and 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 the city manager deems desirable;
and
(9)
Perform other such duties as are specified in this charter or as may be required
by the mayor and city council.
SECTION
2.30.
Council Interference with Administration.
Council Interference with Administration.
Except
for purposes of inquiry and investigations under Section 2.15, the city council
or its members 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 city council nor its members shall give orders to any
such officer or employee, either publicly or privately.
SECTION
2.31.
Election of Mayor; Forfeiture; Compensation.
Election of Mayor; Forfeiture; Compensation.
The
mayor shall be elected and serve for a term of four years and until the
mayor´s successor is elected and qualified. The mayor shall be a
qualified elector of this city, and the mayor shall be 21 years of age on or
before the date of the election and the mayor shall have been a resident of the
city for at least one year immediately preceding the mayor´s election. The
mayor shall continue to reside in this city during the period of the
mayor´s service. The mayor shall forfeit the mayor´s office on the
same grounds and under the same procedure as for council members. The
compensation of the mayor shall be established in the same manner as for council
members.
SECTION
2.32.
Chief Executive Officer.
Chief Executive Officer.
The
mayor shall be the chief executive officer of this city. He or she shall
possess all of the executive power granted to the city under the constitution
and laws of the State of Georgia, and all the executive powers contained in this
charter.
SECTION
2.33.
Powers and Duties of Mayor.
Powers and Duties of Mayor.
As
the chief executive of this city, the mayor shall:
(1)
Preside at all meetings of the city council and be the head of the city for the
purpose of service of process and for ceremonial purposes;
(2)
Be the official spokesperson for the city and chief advocate of
policy;
(3)
Appoint and remove all officers, department heads, and employees of the city,
except as otherwise provided in this charter;
(4)
Have power to administer oaths and to take affidavits;
(5)
Exercise supervision over all executive and administrative work of the city and
provide for the coordination of administrative activities;
(6)
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;
(7)
Recommend to the city council such measures relative to the affairs of the city,
improvement of the government, and promotion of the welfare of its inhabitants
as he or she may deem expedient;
(7)
Call special meetings of the city council as provided in subsection (b) of
Section 2.19;
(8)
Perform such other duties as may be required by law, this charter, or by
ordinance;
(9)
Approve or disapprove ordinances as provided in Section 2.36;
(10)
Provide for an annual audit of all accounts of the city; and
(11)
Require any department or agency of the city to submit written reports whenever
he or she deems it expedient.
SECTION
2.34.
Mayor Pro Tem, Election.
Mayor Pro Tem, Election.
By
a majority vote, the city council shall elect a council member to serve as mayor
pro tem.
SECTION
2.35.
Mayor Pro Tem, Power and Duties.
Mayor Pro Tem, Power and Duties.
During
the absence or disability of the mayor for any cause, the mayor pro tem or, in
the mayor´s absence or disability for any reason, any one of the council
members chosen by a majority vote of the city council, shall be clothed with all
the 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. Any
such absence or disability shall be declared by majority vote of all council
members.
SECTION
2.36.
Submission of Ordinances to the Mayor; Veto Power.
Submission of Ordinances to the Mayor; Veto Power.
(a)
Every ordinance adopted by the city council shall be presented promptly by the
city clerk to the mayor.
(b) The mayor, within five calendar days of receipt of an ordinance, shall return it to the city clerk. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o´clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council a written statement of the mayor´s reasons for the mayor´s veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of two-thirds of its members, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor´s veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section.
(b) The mayor, within five calendar days of receipt of an ordinance, shall return it to the city clerk. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o´clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council a written statement of the mayor´s reasons for the mayor´s veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of two-thirds of its members, it shall become law.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor´s veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section.
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, or alter all
nonelective offices, positions of employment, departments, and agencies of the
city, as necessary for the proper administration of the affairs and government
of this city.
(b) Except as otherwise provided by this charter or by law, the heads 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 heads of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a head of each department or agency who shall be its principal officer. Each department head shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his or her department or agency.
(e) All department heads under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the mayor and council. The city manager may suspend or remove directors under his or her supervision which suspension shall be effective immediately following the city manager giving written notice of such action and the reasons therefor to the department head involved and to the city council. The department head involved may appeal to the city council which, after a hearing, may override the city manager´s action by a vote of three council members.
(b) Except as otherwise provided by this charter or by law, the heads 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 heads of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a head of each department or agency who shall be its principal officer. Each department head shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his or her department or agency.
(e) All department heads under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the mayor and council. The city manager may suspend or remove directors under his or her supervision which suspension shall be effective immediately following the city manager giving written notice of such action and the reasons therefor to the department head involved and to the city council. The department head involved may appeal to the city council which, after a hearing, may override the city manager´s action by a vote of three council members.
SECTION
3.11.
Boards, Commissions, and Authorities.
Boards, Commissions, and Authorities.
(a)
The city council shall create by ordinances 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 created pursuant to paragraph (c) of this section 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 in this section 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 they have executed and filed with the city clerk an oath obligating themselves to faithfully and impartially perform the duties of their office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its 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 city clerk.
(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 created pursuant to paragraph (c) of this section 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 in this section 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 they have executed and filed with the city clerk an oath obligating themselves to faithfully and impartially perform the duties of their office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its 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 city clerk.
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 city
attorney or attorneys for services rendered to the city. The city attorney
shall be responsible for representing and defending the city in all litigation
in which the city is a party; may be the prosecuting officer in the municipal
court; shall attend the meetings of the council as directed; shall advise the
city council, mayor, and other officers and employees of the city concerning
legal aspects of the city´s affairs; and shall perform such other duties as
may be required of the city attorney by virtue of the position as city attorney.
The city attorney shall serve at the discretion of the city
council.
SECTION
3.13.
City Clerk.
City Clerk.
The
city council may appoint a city clerk who shall not be a council member. The
city clerk shall be custodian of the official city seal, maintain council
records required by this charter, and perform such other duties as may be
required by the city council.
SECTION
3.14.
City Treasurer.
City Treasurer.
The
city council may appoint a financial officer to collect all taxes, licenses,
fees, and other monies belonging to the city subject to the provisions of this
charter and the ordinances of the city, and to enforce all laws of Georgia
relating to the collection of delinquent taxes and sale or foreclosure for
nonpayment of taxes. The financial officer shall also be responsible for the
general duties of a treasurer and fiscal officer.
SECTION
3.15.
City Accountant.
City Accountant.
The
city council shall appoint a city accountant to perform the duties of an
accountant. The city accountant shall serve at the discretion of the city
council.
SECTION
3.16.
Position Classification and Pay Plans.
Position Classification and Pay Plans.
The
city manager shall be responsible for the preparation of a position
classification and pay plan which shall be submitted to the city council for
approval. Such plan may apply to all employees of the city and any of its
agencies, departments, boards, commissions, or authorities. When a pay plan has
been adopted, the city council shall not increase or decrease the salary range
applicable to any position except by amendment of such pay plan. For purposes
of this section, all elected and appointed city officials are not city
employees.
SECTION
3.17.
Personnel Policies.
Personnel Policies.
The
city council shall adopt rules and regulations consistent with this charter
concerning:
(1)
The method of employee selection and probationary periods of
employment;
(2)
The administration of the position classification and pay plan, methods of
promotion and application of service ratings thereto, and transfer of employees
within the classification plan;
(3)
Hours of work, vacation, sick leave, and other leaves of absence, overtime pay,
and the order and manner in which layoffs shall be effected;
(4)
Such dismissal hearings as due process may require; and
(5)
Such other personnel notices as may be necessary to provide for adequate and
systematic handling of personnel affairs.
SECTION
3.18.
Consolidation of Functions.
Consolidation of Functions.
The
council may consolidate any two or more of the positions of city clerk, city
treasurer, city manager, city tax collector, or of any other positions or may
assign the functions of any one or more of such positions to the holder or
holders of any other positions.
ARTICLE
IV
JUDICIAL BRANCH
SECTION 4.10.
Creation; Name.
JUDICIAL BRANCH
SECTION 4.10.
Creation; Name.
There
shall be a court to be known as the Municipal Court of the City of Franklin
Springs.
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 the municipal court unless they shall have attained the age of 21 years. All judges shall be appointed by the city council and shall serve at the discretion of the city council.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of a majority of the members present of the city council.
(e) Before assuming office, each 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 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 the municipal court unless they shall have attained the age of 21 years. All judges shall be appointed by the city council and shall serve at the discretion of the city council.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of a majority of the members present of the city council.
(e) Before assuming office, each 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 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 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 $300.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $3,500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by state law or local ordinance.
(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 the 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 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 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 courts 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.
(i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayor´s, recorder´s, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $300.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $3,500.00 or imprisonment for 90 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by state law or local ordinance.
(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 the 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 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 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 courts 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.
(i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayor´s, recorder´s, and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
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
Franklin 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
the approval of the city council, the judge shall have full power and authority
to make reasonable rules and regulations necessary and proper to secure the
efficient and successful administration of the municipal court; provided,
however, that the city council may adopt in part or in total 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 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 Chapter 2
of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter
amended.
SECTION
5.11.
Election of the City Council and Mayor.
Election of the City Council and Mayor.
(a)
There shall be a municipal general election biennially in the odd-numbered years
on the first Tuesday following the first Monday in
November.
(b) There shall be elected the mayor and two council members at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created.
(b) There shall be elected the mayor and two council members at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created.
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.
Elections by Plurality.
Elections by Plurality.
The
person receiving a plurality of the votes cast for any city office shall be
elected.
SECTION
5.14.
Special Elections; Vacancies.
Special Elections; Vacancies.
In
the event that the office of mayor or council member shall become vacant for any
cause whatsoever, the city council or those remaining shall order a special
election to fill the balance of the unexpired term of such official; provided,
however, that, if such vacancy occurs within 12 months of the expiration of the
term of that office, the city council or those remaining shall appoint a
successor for the remainder of the term. In all other respects, the special
election shall be held and conducted in accordance with Chapter 2 of Title 21 of
the O.C.G.A., the 'Georgia Election Code,' as now or hereafter
amended.
SECTION
5.15.
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 Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election
Code.'
SECTION
5.16.
Removal of Officers.
Removal of Officers.
(a)
The mayor, council members, 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)
By the vote of a majority of council members present after an investigative
hearing. In the event an elected officer is sought to be removed by the action
of the city council, such officer shall be entitled to a written notice
specifying the ground or grounds for removal and to a public hearing which shall
be held not less than ten days after the service of such written notice. Any
elected officer sought to be removed from office as herein provided shall have
the right of appeal from the decision of the city council to the Superior Court
of Franklin 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 Franklin County following a hearing on a
complaint seeking such removal brought by any resident of the City of Franklin
Springs.
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
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, professions, or callings for the purpose of such
taxation in any way which may be lawful and may compel the payment of such taxes
as provided in Section 6.18.
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 in 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 telecommunication 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 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 telecommunication 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 telecommunication 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, 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 for the total cost to the city of providing or making available such
services. If unpaid, such charges shall be collected as provided in Section
6.18.
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 under such terms and conditions as are
reasonable. If unpaid, such charges shall be collected as provided in Section
6.18.
SECTION
6.17.
Construction, Other Taxes.
Construction, Other Taxes.
This
city shall be empowered to levy any other tax allowed now or hereafter by law,
and the specific mention of any right, power, or authority in this article shall
not be construed as limiting in any way the general powers of this city to
govern its local affairs.
SECTION
6.18.
Collection of Delinquent Taxes 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. fa.´s; creation and
priority of liens; making delinquent taxes and fees personal debts of the
persons required to pay the taxes or fees imposed; revoking city licenses for
failure to pay any city taxes or fees; and providing for the assignment or
transfer of tax executions.
SECTION
6.19.
General Obligations Bonds.
General Obligations 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.
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.
SECTION
6.23.
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 program, and a capital budget, including requirements as to the
scope, content, and form of such budgets and programs.
SECTION
6.24.
Submission of Operating Budget to City Council.
Submission of Operating Budget to City Council.
On
or before a date fixed by the city council, but not later than 45 days prior to
the beginning of each fiscal year, the city manager shall submit to the city
council a proposed operating budget for the ensuing fiscal year. The budget
shall be accompanied by a message from the city manager containing a statement
of the general fiscal policies of the city, the important features of the
budget, explanations of major changes recommended for the next fiscal year, a
general summary of the budget, and such other comments and information as the
city manager may deem pertinent. The operating budget and the capital
improvements budget provided for in Section 6.28, the budget message, and all
supporting documents shall be filed in the office of the city clerk and shall be
open to public inspection.
SECTION
6.25.
Action by City Council on Budget.
Action by City Council on Budget.
(a)
The city council may amend the operating budget proposed by the city manager;
except that the budget as finally amended and adopted must provide for all
expenditures required by state law or by other provisions of this charter and
for all debt service requirements for the ensuing fiscal year, 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 30 days prior to the beginning of each fiscal 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 6.23.
(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 30 days prior to the beginning of each fiscal 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 6.23.
(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
6.26.
Tax Levies.
Tax Levies.
Following
adoption of the operating budget, the city council shall levy by ordinance such
taxes as are necessary. The taxes and tax rates set by such ordinance shall be
such that reasonable estimates of revenues from such levy shall at least be
sufficient, together with other anticipated revenues, fund balances, and
applicable reserves, to equal the total amount appropriated for each of the
several funds set forth in the annual operating budget for defraying the
expenses of the general government of this city.
SECTION
6.27.
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
6.28.
Capital Improvements Budget.
Capital Improvements Budget.
(a)
On or before the date fixed by the city council, but no later than 45 days prior
to the beginning of each fiscal year, the city manager shall submit to the city
council a proposed capital improvements budget with the city manager´s
recommendations as to the means of financing the improvements proposed for the
ensuing fiscal year. The city council shall have the power to accept, with or
without amendments, or reject the proposed program and proposed means of
financing. The city council shall not authorize an expenditure for the
construction of any building, structure, work, or improvement, unless the
appropriations for such project are included in the capital improvements budget,
except to meet a public emergency as provided in Section
2.24.
(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the city manager´s recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
(b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the city manager´s recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
SECTION
6.29.
Independent Audit.
Independent Audit.
There
shall be an annual independent audit of all city accounts, funds, and financial
transactions by a certified public accountant selected by the city council. The
audit shall be conducted according to generally accepted accounting principles.
Any audit of any funds by the state or federal governments may be accepted as
satisfying the requirements of this charter. Copies of all audit reports shall
be available at printing costs to the public.
SECTION
6.30.
Contracting procedures.
Contracting procedures.
No
contract with the city shall be binding on the city unless:
(1)
It is in writing;
(2)
It is drawn by or submitted and reviewed by the city attorney, and as a matter
of course, is signed by the city attorney to indicate such drafting or review;
and
(3)
It is made or authorized by the city council and such approval is entered in the
city council journal of proceedings pursuant to Section 2.21.
SECTION
6.31.
Sale of City Property.
Sale of City Property.
(a)
The city council may sell and convey any real or personal property owned or held
by the city for governmental or other purposes as now or hereafter provided by
law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor or city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor or city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE
VII
GENERAL PROVISIONS
SECTION 7.10.
Bonds for Officials.
GENERAL PROVISIONS
SECTION 7.10.
Bonds for Officials.
The
officers and employees of this city, both 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.
Prior Ordinances.
Prior Ordinances.
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.
First Election Under This Charter.
First Election Under This Charter.
The
first election under this charter shall be held on the Tuesday next following
the first Monday in November, 2009, at which time the positions presently held
by Mayor Brian James, Charles Powell, and Thomas Turner shall be
filled.
SECTION
7.13.
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
7.14.
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
7.15.
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
7.16.
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
7.17.
Repealer.
Repealer.
An
Act incorporating the City of Franklin Springs in the County of Franklin,
enacted July 22, 1924 (Ga. L. 1924, p. 561), as amended in 1953, 1956,
1968, and 1992 is hereby repealed in its entirety and all amendatory acts
thereto are likewise repealed in their entirety. All other laws and parts of
laws in conflict with this charter are hereby repealed.
SECTION
7.18.
Effective Date.
Effective Date.
This
charter shall become of full force and effect on June 1,
2008."
SECTION
2.
This
Act shall become effective on June 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.