07 HB 93/AP
House
Bill 93 (AS PASSED HOUSE AND SENATE)
By:
Representative Maddox of the
172nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a new charter for the City of Bainbridge; to provide for incorporation,
boundaries, and powers of the city; to provide for a governing authority of such
city and the powers, duties, authority, election, terms, vacancies,
compensation, expenses, qualifications, prohibitions, conflicts of interest, and
suspension and removal from office relative to members of such governing
authority; to provide for inquiries and investigations; to provide for oaths,
organization, meetings, quorum, voting, rules, and procedures; to provide for
ordinances and codes; to provide for a city manager and mayor and certain
duties, powers, and other matters relative thereto; to provide for
administrative affairs and responsibilities; to provide for boards, commissions,
and authorities; to provide for a city attorney, a city clerk, and other
personnel and matters relating thereto; to provide for rules and regulations; to
provide for a municipal court and the judge or judges thereof and other matters
relative to those judges; to provide for the court´s jurisdiction, powers,
practices, and procedures; to provide for the right of certiorari; to provide
for elections; to provide for taxation, licenses, and fees; to provide for
franchises, service charges, and assessments; to provide for bonded and other
indebtedness; to provide for auditing, accounting, budgeting, and
appropriations; to provide for city contracts and purchasing; to provide for the
conveyance of property and interests therein; to provide for bonds for
officials; to provide for prior ordinances and rules, pending matters, and
existing personnel; to provide for penalties; to provide for definitions and
construction; to provide for other matters relative to the foregoing; to repeal
a specific Act; to provide for effective dates; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I
INCORPORATION AND POWERS
SECTION 1.10.
Name.
INCORPORATION AND POWERS
SECTION 1.10.
Name.
The
City of Bainbridge, in Decatur County, Georgia, is reincorporated by the
enactment of this charter and is constituted and declared a body politic and
corporate under the name and style City of Bainbridge, 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 earliest effective
date in 2007 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 Director of
Community Development and to be designated, as the case may be: "Official Map
(or Description) of the corporate limits of the City of Bainbridge, Georgia."
Photographic, typed, or other copies of such map or description certified by the
City Clerk shall be admitted as evidence in all courts and shall have the same
force and effect as with the original map or
description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION
1.12.
Powers and construction.
Powers and construction.
(a)
This city shall have all powers possible for a city to have under the present or
future Constitution and laws of this state as fully and completely as though
they were specifically enumerated in this charter. This city shall have all the
powers of self-government not otherwise prohibited by this charter or by general
law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
SECTION
1.13.
Exercise of powers.
Exercise of powers.
All
powers, functions, rights, privileges, and immunities of the city, its officers,
agencies, or employees shall be carried into execution as provided by this
charter. If this charter makes no provision, such shall be carried into
execution as provided by ordinance or as provided by pertinent laws of the State
of Georgia.
ARTICLE
II
GOVERNMENT STRUCTURE
SECTION 2.10.
City council creation; number; election.
GOVERNMENT STRUCTURE
SECTION 2.10.
City council creation; number; election.
The
legislative authority of the government of this city, except as otherwise
specifically provided in this charter, shall be vested in a city council to be
composed of a mayor and six councilmembers. The city council established in
this charter shall in all respects be a successor to and continuation of the
city governing authority under prior law. The mayor and councilmembers shall be
elected in the manner provided by this charter.
SECTION
2.11.
City councilmembers;
terms and qualifications for office.
City councilmembers;
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 unless such person has been a resident of the city for a period
of one year immediately prior to the date of the election for mayor. No person
shall be eligible to serve as a councilmember unless he or she has been a
resident of the district for which he or she is offering as a candidate for a
period of one year immediately preceding the date of the election for
councilmembers. The person elected to serve as mayor shall continue to reside
in the city and each person elected to serve as councilmember shall continue to
reside in the district from which elected during their respective terms of
office. The mayor and each councilmember shall be registered and qualified to
vote in municipal elections of the City of Bainbridge and each of them shall
meet the qualification standards required for members of the Georgia House of
Representatives, as are now or may in the future be prescribed by the Georgia
Constitution.
SECTION
2.12.
Vacancy; filling of vacancies; suspensions.
Vacancy; filling of vacancies; suspensions.
(a)
Vacancies—The office of mayor or councilmember shall become vacant upon
such person´s failing or ceasing to reside in the city or upon the
occurrence of any event specified by the Constitution, 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 an election as provided for in Section 5.13 of this charter and Titles 21 and 45 of the O.C.G.A. or such other 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 an election as provided for in Section 5.13 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted.
SECTION
2.13.
Compensation and expenses.
Compensation and expenses.
The
mayor and councilmembers shall receive compensation and expenses for their
services as provided by ordinance.
SECTION
2.14.
Conflicts of interest; holding other offices.
Conflicts of interest; holding other offices.
(a)
Elected and appointed officers of the city are trustees and servants of the
residents of the city and shall act in a fiduciary capacity for the benefit of
such residents.
(b) Conflict of interest—No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(b) Conflict of interest—No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1)
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
that person´s official duties or which would tend to impair the
independence of that person´s judgment or action in the performance of that
person´s 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
that person´s official duties or would tend to impair the independence of
that person´s judgment or action in the performance of that person´s
official duties;
(3)
Disclose confidential information, including information obtained at meetings
which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning
the property, government, or affairs of the governmental body by which that
person is engaged without proper legal authorization or use such information to
advance the financial or other private interest of that person 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 that person´s
knowledge is interested, directly or indirectly, in any manner whatsoever, in
business dealings with the governmental body by which that person is engaged;
provided, however, that an elected official who is a candidate for public office
may accept campaign contributions and services in connection with any such
campaign;
(5)
Represent other private interests in any action or proceeding against this city
or any portion of its government; or
(6)
Vote or otherwise participate in the negotiation or in the making of any
contract with any business or entity in which that person has a financial
interest.
(c)
Disclosure—Any elected official, appointed officer, or employee who shall
have any financial interest, directly or indirectly, in any contract or matter
pending before or within any department of the city shall disclose such interest
to the city council. The mayor or any councilmember who has a financial
interest in any matter pending before the city council shall disclose such
interest and such disclosure shall be entered on the records of the city
council, and that person shall disqualify himself or herself from participating
in any decision or vote relating thereto. Any elected official, appointed
officer, or employee of any agency or political entity to which this charter
applies who shall have any financial interest, directly or indirectly, in any
contract or matter pending before or within such entity shall disclose such
interest to the governing body of such agency or
entity.
(d) Use of public property—No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts voidable and rescindable—Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council.
(f) Ineligibility of elected official—Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected.
(g) Political activities of certain officers and employees—No appointed 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. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office.
(h) Penalties for violation—
(d) Use of public property—No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts voidable and rescindable—Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council.
(f) Ineligibility of elected official—Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected.
(g) Political activities of certain officers and employees—No appointed 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. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office.
(h) 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 that
person´s office or position.
(2)
Any officer or employee of the city who shall forfeit that person´s 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.
Following
the adoption of an authorizing resolution, the city council may make inquiries
and investigations into the affairs of the city and 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 may be 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 law or this charter, the city council shall be vested
with all the powers of government of this city.
SECTION
2.17.
Eminent domain.
Eminent domain.
The
city council is hereby empowered to acquire, construct, operate, and maintain
public ways, parks, public grounds, cemeteries, markets, market houses, public
buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical
systems, gas systems, airports, hospitals, and charitable, educational,
recreational, sport, curative, corrective, detentional, penal, and medical
institutions, agencies, and facilities, and any other public improvements inside
or outside the city, and to regulate the use thereof, and for such purposes,
property may be condemned under procedures established under general law
applicable now or as provided in the future.
SECTION
2.18.
Organizational meetings.
Organizational meetings.
The
city council shall hold an organizational meeting at its first regularly
scheduled meeting. The meeting shall be called to order by the city clerk and
the oath of office shall be administered to the newly elected members as
follows:
"I
do solemnly (swear) (affirm) that I will faithfully perform the duties of
(mayor) (councilmember) of this city and that I will support and defend the
charter thereof as well as the Constitution and laws of the State of Georgia and
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 shall
be prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember´s presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
(b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember´s presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION
2.20.
Rules of procedure.
Rules of procedure.
(a)
The city council shall adopt its rules of procedure and order of business
consistent with the provisions of this charter and shall provide for keeping of
a journal of its proceedings, which shall be a public
record.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION
2.21.
Quorum; voting.
Quorum; voting.
The
mayor and mayor pro tem and three councilmembers shall constitute a quorum and
shall be authorized to transact business of the city council. In the event that
both the mayor and mayor pro tem are unavailable, four councilmembers are
required to be present to transact the business of the city. The mayor shall
only vote in the case of a tie in which case his or her vote shall be recorded
and counted towards the number of votes necessary to adopt or reject a question
before the 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 the councilmembers present shall be required
for the adoption of any ordinance, resolution, or motion. An abstention shall
be counted as an affirmative vote.
SECTION
2.22.
Ordinance form; procedures.
Ordinance form; procedures.
(a)
Every proposed ordinance should be introduced in writing and in the form
required for final adoption. No ordinance shall contain a subject which is not
expressed in its title. The enacting clause shall be "It is hereby ordained by
the governing authority of the City of Bainbridge..." and every ordinance shall
so begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION
2.23.
Action requiring an ordinance.
Action requiring an ordinance.
Acts
of the city council which have the force and effect of law shall be enacted by
ordinance.
SECTION
2.24.
Emergencies.
Emergencies.
(a)
To meet a public emergency affecting life, health, property, or public peace,
the city council may convene on call of the mayor or four councilmembers and may
promptly adopt an emergency ordinance, but such ordinance may not levy taxes;
grant, renew, or extend a franchise; regulate the rate charged by any public
utility for its services; or authorize the borrowing of money except for loans
to be repaid within 30 days. An emergency ordinance shall be introduced in the
form prescribed for ordinances generally, except that it shall be plainly
designated as an emergency ordinance and shall contain, after the enacting
clause, a declaration stating that an emergency exists and describing 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 four councilmembers shall be required for
adoption. It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically stand repealed 30
days following the date upon which it was adopted, but this shall not prevent
reenactment of the ordinance in the manner specified in this section if the
emergency still exists. An emergency ordinance may also be repealed by adoption
of a repealing ordinance in the same manner specified in this section for
adoption of emergency ordinances.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION
2.25.
Codes of technical regulations.
Codes of technical regulations.
(a)
The city council may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and requirements
governing such adopting ordinance shall be as prescribed for ordinances
generally except that: (1) the requirements of subsection (b) of Section 2.22
of this charter for distribution and filing of copies of the ordinance shall be
construed to include copies of any code of technical regulations, as well as the
adopting ordinance; and (2) a copy of each adopted code of technical
regulations, as well as the adopting ordinance, shall be authenticated and
recorded by the clerk pursuant to Section 2.26 of this
charter.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION
2.26.
Signing; authenticating;
recording; codification; printing.
Signing; authenticating;
recording; codification; printing.
(a)
The clerk shall authenticate by the clerk´s signature and record in full in
a properly indexed book kept for that purpose all ordinances adopted by the city
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 "The Code of the City of Bainbridge, 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 "The Code of the City of Bainbridge, 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 shall appoint a city manager for an indefinite term and shall fix
the city manager´s compensation. The city manager shall be appointed
solely on the basis of that person´s executive and administrative
qualifications.
SECTION
2.28.
Removal of city manager.
Removal of city manager.
(a)
The city council may remove the city manager from office in accordance with the
following procedures:
(1)
The city council shall adopt by affirmative vote of a majority of all its
members a preliminary resolution which must state the reasons for removal and
may suspend the city manager from duty for a period not to exceed 45 days. A
copy of the resolution shall be delivered promptly to the city
manager;
(2)
Within five days after a copy of the resolution is delivered to the city
manager, that person may file with the city council a written request for a
public hearing. This hearing shall be held within 30 days after the request is
filed. The city manager may file with the city council a written reply not
later than five days before the hearing; and
(3)
If the city manager has not requested a public hearing within the time specified
in paragraph (2) of this subsection, the city council may adopt a final
resolution for removal, which may be made effective immediately, by an
affirmative vote of a majority of all its members. If the city manager has
requested a public hearing, the city council may adopt a final resolution for
removal, which may be made effective immediately, by an affirmative vote of a
majority of all its members at any time after the public hearing.
(b)
The city manager shall continue to receive the city manager´s salary until
the effective date of a final resolution of removal.
SECTION
2.29.
Acting city manager.
Acting city manager.
By
letter filed with the city clerk, the city manager shall designate, subject to
approval of the city council, a qualified city administrative officer to
exercise the powers and perform the duties of city manager during the city
manager´s temporary absence or physical or mental disability. During such
absence or disability, the city council may revoke such designation at any time
and appoint another officer of the city to serve until the city manager shall
return or the city manager´s disability shall cease.
SECTION
2.30.
Powers and duties of the city manager.
Powers and duties of the city manager.
The
city manager shall be the chief executive and administrative officer of the
city. The city manager shall be responsible to the city council for the
administration of all city affairs placed in the city manager´s charge by
or under this charter. As the chief executive and 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
purposes of deliberating on the appointment, discipline, or removal of the city
manager, and have the right to take part in discussion, but the city manager may
not vote;
(4)
See that all laws, provisions of this charter, and acts of the 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 city
council;
(6)
Submit to the city council and make available to the public a complete report on
the finances and administrative activities of the city as of the end of each
fiscal year;
(7)
Make such other reports as the city council may require concerning the
operations of city departments, offices, and agencies subject to the city
manager´s direction and supervision;
(8)
Keep the city council fully advised as to the financial condition and future
needs of the city, and make such recommendations to the city council concerning
the affairs of the city as the city manager deems desirable; and
(9)
Perform other such duties as are specified in this charter or as may be required
by the city council.
SECTION
2.31.
Council´s interference with administration.
Council´s interference with administration.
Except
for the purpose of inquiries and investigations under Section 2.15 of this
charter, the city council or its members shall deal with city officers and
employees who are subject to the direction and supervision of the 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
2.32.
Election of mayor; forfeiture; compensation.
Election of mayor; forfeiture; compensation.
The
mayor shall be elected and shall 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, shall have been a resident of the city for 12 months prior
to the election, and shall meet the same qualifications for office as members of
the Georgia House of Representatives as are now or may in the future be
prescribed by the Georgia Constitution. The mayor shall continue to reside in
this city during the period of the mayor´s service. The mayor shall forfeit
the office of mayor on the same grounds and under the same procedure as for
councilmembers. The compensation of the mayor shall be established in the same
manner as for councilmembers.
SECTION
2.33.
Powers and duties of mayor.
Powers and duties of mayor.
The
mayor shall:
(1)
Preside at all meetings of the city council;
(2)
Represent the city in intergovernmental relations;
(3)
Appoint members of citizen advisory boards and commissions with the advice and
consent of the council;
(4)
Be the head of the city for the purpose of service of process and for ceremonial
purposes, and be the official spokesperson for the city and the chief advocate
of policy;
(5)
Have the power to administer oaths and to take affidavits; and
(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.
SECTION
2.34.
Mayor pro tem.
Mayor pro tem.
The
position of mayor pro tem shall be filled by a member of the city council for a
one-year term. The members of the council shall rotate the position of mayor
pro tem by council seat number and the term of office shall begin at the first
meeting held during the month of January. If any councilmember should decline
the office of mayor pro tem, the city council by majority vote shall select
another member of the council to fill the seat for that term and the regular
rotation shall resume at the conclusion of that term. The mayor pro tem shall
assume the duties and powers of the mayor during the mayor´s physical or
mental disability or absence. Any such disability or absence shall be declared
by a majority vote of the city council. The mayor pro tem shall sign all
contracts and ordinances in which the mayor has a disqualifying financial
interest as provided in Section 2.14.
ARTICLE
III
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
Boards, commissions, and authorities.
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
Boards, commissions, and authorities.
(a)
The city council shall create by ordinance such boards, commissions, and
authorities to fulfill any investigative, quasi-judicial, or quasi-legislative
function the city council deems necessary and shall by ordinance establish the
composition, period of existence, duties, and powers
thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor, with the advice and consent of the city council, for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person´s office; such oath shall be prescribed by ordinance and administered by the mayor.
(g) All members of boards, commissions, or authorities of the city serve at will and may be removed at any time by the mayor, with the advice and consent of the city council, unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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 clerk of the city.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor, with the advice and consent of the city council, for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person´s office; such oath shall be prescribed by ordinance and administered by the mayor.
(g) All members of boards, commissions, or authorities of the city serve at will and may be removed at any time by the mayor, with the advice and consent of the city council, unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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 clerk of the city.
SECTION
3.11.
City attorney.
City attorney.
The
city council shall appoint a city attorney, together with such assistant city
attorneys as may be authorized, and shall provide for the payment of such
attorney or attorneys for services rendered to the city. The city attorney
shall be responsible for providing for the representation and defense of the
city in all litigation in which the city is a party; may be the prosecuting
officer in the municipal court; shall attend the meetings of the city council as
directed; shall advise the councilmembers, mayor, and other officers and
employees of the city concerning legal aspects of the city´s affairs; and
shall perform such other duties as may be required by virtue of such
person´s position as city attorney.
SECTION
3.12.
City clerk.
City clerk.
The
city manager shall appoint a city clerk who shall not be a councilmember. The
city clerk shall be custodian of the official city seal and city records;
maintain city council records required by this charter; and perform such other
duties as may be required by the city council.
SECTION
3.13.
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.
SECTION
3.14.
Personnel policies.
Personnel policies.
All
employees serve at will and may be removed from office at any time unless
otherwise provided by ordinance.
ARTICLE
IV
JUDICIAL BRANCH
SECTION 4.10.
Creation; name.
JUDICIAL BRANCH
SECTION 4.10.
Creation; name.
There
shall be a court to be known as the Municipal Court of the City of
Bainbridge.
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 that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge´s office to the best of the judge´s ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the judge´s office to the best of the judge´s ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter.
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 $1,000.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person´s appearance and shall fail to appear at the time fixed for trial, that person´s bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant´s sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1,000.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person´s appearance and shall fail to appear at the time fixed for trial, that person´s bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant´s sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION
4.14.
Certiorari.
Certiorari.
The
right of certiorari from the decision and judgment of the municipal court shall
exist in all criminal cases and ordinance violation cases, and such certiorari
shall be obtained under the sanction of a judge of the Superior Court of Decatur
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 toto the rules and
regulations applicable to municipal courts. The rules and regulations made or
adopted shall be filed with the city clerk, shall be available for public
inspection, and, upon request, a copy shall be furnished to all defendants in
municipal court proceedings at least 48 hours prior to such
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 years on the
Tuesday next following the first Monday in
November.
(b) There shall be elected the mayor and three councilmembers 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 three councilmembers 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.
Nonpartisan elections.
Nonpartisan elections.
Political
parties shall not conduct primaries for city offices and all names of candidates
for city offices shall be listed without party designations.
SECTION
5.13.
Election by plurality vote.
Election by plurality vote.
The
person receiving a plurality of the votes cast for any city office shall be
elected.
SECTION
5.14.
Vacancies.
Vacancies.
In
the event that the office of mayor or councilmember shall become vacant as
provided in Section 2.12 of this charter, the city council or those remaining
shall order a special election to fill the balance of the unexpired term of such
official.
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 as 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)
A councilmember, the mayor, or other appointed officers provided for in this
charter shall be removed from office for any one or more of the causes provided
in Title 45 of the O.C.G.A. or such other applicable laws as are or may
hereafter be enacted.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1)
Following a hearing at which an impartial panel shall render a decision. In the
event an elected officer is sought to be removed by the action of the city
council, such officer shall be entitled to a written notice specifying the
ground or grounds for removal and to a public hearing which shall be held not
less than ten days after the service of such written notice. The city council
shall provide by ordinance for the manner in which such hearings shall be held.
Any elected officer sought to be removed from office as provided in this section
shall have the right of appeal from the decision of the city council to the
Superior Court of Decatur 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 Decatur County following a hearing on a
complaint seeking such removal brought by any resident of the City of
Bainbridge.
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, or professions for the purpose of such taxation in any
way which may be lawful and may compel the payment of such taxes as provided in
Section 6.18 of this charter.
SECTION
6.13.
Licenses; permits; fees.
Licenses; permits; fees.
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 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 of this
charter.
SECTION
6.14.
Franchises.
Franchises.
(a)
The city council shall have the power to grant franchises for the use of this
city´s streets and alleys for the purposes of railroads, street railways,
telephone companies, electric companies, electric membership corporations, cable
television and other telecommunications companies, gas companies, transportation
companies, and other similar organizations. The city council shall determine
the duration, terms, whether the same shall be exclusive or nonexclusive, and
the consideration for such franchises; provided, however, no franchise shall be
granted for a period in excess of 35 years and no franchise shall be granted
unless the city receives just and adequate compensation therefor. The city
council shall provide for the registration of all franchises with the city clerk
in a registration book kept by the city clerk. The city council may provide by
ordinance for the registration within a reasonable time of all franchises
previously granted.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city´s streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city´s streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION
6.15.
Service charges.
Service charges.
The
city council by ordinance shall have the power to assess and collect fees,
charges, and tolls for sewers, sanitary and health services, or any other
services provided or made available within and outside the corporate limits of
the city for the total cost to the city of providing or making available such
services. If unpaid, such charges shall be collected as provided in Section
6.18 of this charter.
SECTION
6.16.
Special assessments.
Special assessments.
The
city council by ordinance shall have the power to assess 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 of this charter.
SECTION
6.17.
Construction; other taxes.
Construction; other taxes.
This
city shall be empowered to levy any other tax or fee allowed now or hereafter by
law, and the specific mention of any right, power, or authority in this article
shall not be construed as limiting in any way the general powers of this city to
govern its local affairs.
SECTION
6.18.
Collection of delinquent taxes and fees.
Collection of delinquent taxes and fees.
The
city council by ordinance may provide generally for the collection of delinquent
taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of
this charter by whatever reasonable means as are not precluded by law. This
shall include providing for the dates when the taxes or fees are due; late
penalties or interest; issuance and execution of fi. fas.; creation and
priority of liens; making delinquent taxes and fees personal debts of the
persons required to pay the taxes or fees imposed; revoking city permits for
failure to pay any city taxes or fees; and providing for the assignment or
transfer of tax executions.
SECTION
6.19.
General obligation bonds.
General obligation bonds.
The
city council shall have the power to issue bonds for the purpose of raising
revenue to carry out any project, program, or venture authorized under this
charter or the laws of the state. Such bonding authority shall be exercised in
accordance with the laws governing bond issuance by municipalities in effect at
the time such issue is undertaken.
SECTION
6.20.
Revenue bonds.
Revenue bonds.
Revenue
bonds may be issued by the city council as state law now or hereafter provides.
Such bonds are to be paid out of any revenue produced by the project, program,
or venture for which they were issued.
SECTION
6.21.
Short-term loans.
Short-term loans.
The
city may obtain short-term loans and must repay such loans not later than
December 31 of each year, unless otherwise provided by law.
SECTION
6.22.
Lease-purchase contracts.
Lease-purchase contracts.
The
city may enter into multiyear lease, purchase, or lease-purchase contracts for
the acquisition of goods, materials, real and personal property, services, and
supplies, provided the contract terminates without further obligation on the
part of the municipality at the close of the calendar year in which it was
executed and at the close of each succeeding calendar year for which it may be
renewed. Contracts must be executed in accordance with the requirements of Code
Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may
hereafter be enacted.
SECTION
6.23.
Fiscal year.
Fiscal year.
The
city council shall set the fiscal year by ordinance. This fiscal year shall
constitute the budget year and the year for financial accounting and reporting
of each and every office, department, agency, and activity of the city
government.
SECTION
6.24.
Budget ordinance.
Budget ordinance.
The
city council shall provide an ordinance on the procedures and requirements for
the preparation and execution of an annual operating budget, a capital
improvement plan, and a capital budget, including requirements as to the scope,
content, and form of such budgets and plans.
SECTION
6.25.
Operating budget.
Operating budget.
On
or before a date fixed by the city council but not later than 15 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 other pertinent comments and information.
The operating budget and the capital budget provided for in Section 6.29 of this
charter, the budget message, and all supporting documents shall be filed in the
office of the city clerk and shall be open to public inspection.
SECTION
6.26.
Action by city council on budget.
Action by city council on budget.
(a)
The councilmembers may amend the operating budget proposed by the city manager,
except that the budget as finally amended and adopted must provide for all
expenditures required by state law or by other provisions of this charter and
for all debt service requirements for the ensuing fiscal year. The total
appropriations from any fund shall not exceed the estimated fund balance,
reserves, and revenues.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of the last month of the current fiscal year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of the last month of the current fiscal year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION
6.27.
Levy of taxes.
Levy of taxes.
The
city council shall levy by ordinance such taxes as are necessary. The taxes and
tax rates set by such ordinance shall be such that reasonable estimates of
revenues from such levy shall at least be sufficient, together with other
anticipated revenues, fund balances, and applicable reserves, to equal the total
amount appropriated for each of the several funds set forth in the annual
operating budget for defraying the expenses of the general government of this
city.
SECTION
6.28.
Changes in appropriations.
Changes in appropriations.
The
city council by ordinance may make changes in the appropriations contained in
the current operating budget at any regular meeting or special or emergency
meeting called for such purpose, but any additional appropriations may be made
only from an existing unexpended surplus.
SECTION
6.29.
Capital improvements.
Capital improvements.
(a)
On or before the date fixed by the city council, but not later than 15 days
prior to the beginning of each fiscal year, the city manager shall submit to the
city council a proposed capital improvements plan with a recommended capital
budget containing the means of financing the improvements proposed for the
ensuing fiscal year. The city council shall have power to accept, with or
without amendments, or reject the proposed plan and budget. The city council
shall not authorize an expenditure for the construction of any building,
structure, work, or improvement unless the appropriations for such project are
included in the capital budget, except to meet a public emergency as provided in
Section 2.24 of this charter.
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the last day of the last month of the current fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the last day of the last month of the current fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION
6.30.
Audits.
Audits.
There
shall be an annual independent audit of all city accounts, funds, and financial
transactions by a certified public accountant selected by the city council. The
audit shall be conducted according to generally accepted auditing principles.
Any audit of any funds by the state or federal governments may be accepted as
satisfying the requirements of this charter. Copies of annual audit reports
shall be available at printing costs to the public.
SECTION
6.31.
Procurement and property management.
Procurement and property management.
No
contract with the city shall be binding on the city unless:
(1)
It is in writing;
(2)
It is drawn 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 2.20 of this
charter.
SECTION
6.32.
Purchasing.
Purchasing.
The
city council shall by ordinance prescribe procedures for a system of centralized
purchasing for the city.
SECTION
6.33.
Sale and lease of property.
Sale and lease of property.
(a)
The city council may sell and convey or lease any real or personal property
owned or held by the city for governmental or other purposes as now or hereafter
provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the 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 city manager to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner´s property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the 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 city manager to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner´s property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE
VII
GENERAL PROVISIONS
SECTION 7.10.
Bonds for officials.
GENERAL PROVISIONS
SECTION 7.10.
Bonds for officials.
The
officers and employees of this city, both elected and appointed, shall execute
such surety or fidelity bonds in such amounts and upon such terms and conditions
as the city council shall from time to time require by ordinance or as may be
provided by law.
SECTION
7.11.
Prior ordinances.
Prior ordinances.
All
ordinances, resolutions, rules, and regulations now in force in the city not
inconsistent with this charter are declared valid and of full effect and force
until amended or repealed by the city council.
SECTION
7.12.
Existing personnel and officers.
Existing personnel and officers.
Except
as specifically provided otherwise by this charter, all personnel and officers
of this 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
time the existing city council shall pass a transition ordinance detailing the
changes in personnel and appointed officers required or desired and arranging
such titles, rights, privileges, and powers as may be required or desired to
allow a reasonable transition.
SECTION
7.13.
Pending matters.
Pending matters.
Except
as specifically provided otherwise by this charter, all rights, claims, actions,
orders, contracts, and legal or administrative proceedings shall continue and
any such ongoing work or cases shall be completed by such city agencies,
personnel, or offices as may be provided by the city council.
SECTION
7.14.
Construction and definitions.
Construction and definitions.
(a)
Section captions in this charter are informative only and are not be considered
as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION
7.15.
Severability.
Severability.
If
any article, section, subsection, paragraph, sentence, or part thereof of this
charter shall be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect or impair other parts of this charter
unless it clearly appears that such other parts are wholly and necessarily
dependent upon the part held to be invalid or unconstitutional, it being the
legislative intent in enacting this charter that each article, section,
subsection, paragraph, sentence, or part thereof be enacted separately and
independent of each other.
SECTION
7.16.
Specific repealer.
Specific repealer.
An
Act to create a new charter for the City of Bainbridge, approved December 16,
1901 (Ga. L. 1901, p. 321) and all amendatory Acts thereto are
repealed.
SECTION
7.17.
Effective date.
Effective date.
This
Act shall become effective on July 1, 2007.
SECTION
7.18.
General repealer.
General repealer.
All
laws and parts of laws in conflict with this Act are repealed.