07 LC
35 0411/AP
House
Bill 477 (AS PASSED HOUSE AND SENATE)
By:
Representative Hanner of the
148th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
reincorporate and provide a new charter for the City of Richland in Stewart
County, Georgia; to provide for boundaries and powers of the city; to provide
for a governing authority of such city and the powers, duties, authority,
election, terms, method of filling vacancies, compensation, 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 mayor and mayor pro tempore 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 eminent domain; 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 an Act incorporating the City of Richland in the
County of Stewart, approved August 16, 1922 (Ga. L. 1922, p. 925), as amended;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
1
CREATION, INCORPORATION, POWERS
SECTION 1.10.
Name.
CREATION, INCORPORATION, POWERS
SECTION 1.10.
Name.
The
City of Richland, in Stewart 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 of the City of Richland, Georgia, and by that name
shall have perpetual existence. References in this charter to "the city" or
"this city" refer to the City of Richland.
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 general state law. The boundaries of this city at all
times shall be shown on a map, a written description, or any combination
thereof, to be retained permanently in the office of the city clerk and to be
designated, as the case may be: "Official Map (or Description) of the corporate
limits of the City of Richland, Georgia." Photographic, typed, or other copies
of such map or description certified by the city clerk shall be admitted as
evidence in all courts and shall have the same force and effect as the original
map or description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace but such earlier maps shall be retained in the office of the city clerk.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace but such earlier maps shall be retained in the office of the city clerk.
SECTION
1.12.
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. These powers shall include, but not be limited to, the following:
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1)
Air and Water Pollution. To regulate, consistent with federal and state law,
the emission of smoke or other exhaust which pollutes the air and to prevent the
pollution of natural streams which flow within the corporate limits of the
city;
(2)
Animal Regulations. To regulate and license or to prohibit the keeping or
running at large of animals and fowl and to provide for the impoundment of the
same if in violation of any ordinance or lawful order; to provide for the
disposition by sale, gift, or humane destruction of animals and fowl when not
redeemed as provided by ordinance; and to provide punishment for violation of
ordinances enacted under this charter;
(3)
Appropriations and Expenditures. To make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes
authorized by this charter and for any purpose for which a municipality is
authorized by the laws of the State of Georgia; and to provide for the payment
of expenses of the city;
(4)
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;
(5)
Business Regulation and Taxation. To levy and to provide for 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 applicable laws as are or
may hereafter be enacted; to permit and regulate the same; to provide for the
manner and method of payment of such regulatory fees and taxes; and to revoke
such permits after due process for failure to pay any city taxes or
fees;
(6)
Condemnation. To condemn property, inside or outside the corporate limits of
the city, for present or future use and for any corporate purpose deemed
necessary by the governing authority, utilizing procedures enumerated in Title
22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be
enacted;
(7)
Contracts. To enter into contracts and agreements with other governmental
entitles and with private persons, firms, corporations, and other legal
entities;
(8)
Emergencies. To establish procedures for determining and proclaiming that an
emergency situation exists within or outside the city and to make and carry out
all reasonable provisions deemed necessary to deal with or meet such an
emergency for the protection, safety, health, or well-being of the citizens of
the city;
(9)
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;
(10)
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;
(11)
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, corporations, and legal entities residing in or doing business in the
city 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;
(12)
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;
(13)
Gifts. To accept or refuse gifts, donations, bequests, devises, 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;
(14)
Health and Sanitation. To prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(15)
Jail Sentences. To provide that persons given jail sentences in the municipal
court may work out such sentences in any public works or on the streets, roads,
drains, and other public property 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;
(16)
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;
(17)
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;
(18)
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;
(19)
Municipal Property Ownership. To acquire, dispose of, lease, and hold in trust
or otherwise any real, personal, or mixed property, in fee simple or lesser
interest, inside or outside the property limits of the city;
(20)
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;
(21)
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, cable television and other telecommunications, transportation
facilities, public airports, and any other public utility; and to fix the taxes,
charges, rates, fares, fees, assessments, regulations, and penalties and to
provide for the withdrawal of service for refusal or failure to pay the same;
and to authorize the extension of water, sewerage, electrical, and communication
distribution systems, and all necessary appurtenances by which said utilities
are distributed, inside and outside the corporate limits of the city; and to
provide utility services to persons, firms, and corporations inside and outside
the corporate limits of the city as provided by ordinance;
(22)
Nuisance. To define a nuisance and provide for its abatement whether on public
or private property;
(23)
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;
(24)
Planning and Zoning. To provide comprehensive city planning for development by
zoning; and to provide subdivision regulation and the like as the city council
deems necessary and reasonable to ensure a safe, healthy, and esthetically
pleasing community;
(25)
Police and Fire Protection. To exercise the power of arrest through duly
appointed police officers or in any other manner provided by the general laws of
the State of Georgia; and to establish, operate, or contract for a police and a
fire-fighting agency;
(26)
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;
(27)
Public Improvements. To provide for the acquisition, construction, building,
operation, and maintenance of public ways, parks and playgrounds, public
grounds, recreational facilities, cemeteries, markets and market houses, public
buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical
systems, gas systems, other public utilities, public housing, airports,
hospitals, terminals, docks, parking facilities, and charitable, cultural,
educational, recreational, conservation, sport, curative, corrective,
detentional, penal, and medical institutions, agencies, and facilities; and to
provide any 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 now or may hereafter be enacted;
(28)
Public Peace. To provide for the prevention and punishment of drunkenness,
riots, and public disturbances;
(29)
Public Transportation. To organize and operate or contract for such public
transportation systems as are deemed beneficial;
(30)
Public Utilities and services. To grant franchises or make contracts for or
impose taxes on public utilities and public service companies not to exceed
periods of 35 years 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 Georgia Public Service Commission;
(31)
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;
(32)
Retirement. To provide and maintain a retirement plan for officers and
employees of the city;
(33)
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;
to negotiate and execute leases over, through, under, or across any city
property or the right of way of any street, road, alley, and walkway or portion
thereof within the corporate limits of the city for bridges, passageways, or any
other purpose or use between buildings on opposite sides of the street and for
other bridges, overpasses, and underpasses for private use at such location and
to charge a rental therefor in such manner as may be provided by ordinance; to
authorize and control the construction of bridges, overpasses, and underpasses
within the corporate limits of the city; to grant franchises and rights of way
throughout the streets and roads and over the bridges and viaducts for the use
of public utilities and for private use; and to require real estate owners to
repair and maintain in a safe condition sidewalks adjoining their lots or lands
and to impose penalties for failure to do so;
(34)
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;
(35)
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;
(36)
Special Areas or Public Regulation. To regulate or prohibit junk dealers, pawn
shops, the manufacture, sale, or transportation of any intoxicating liquors, and
the use 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, adult entertainment
establishments, and massage parlors;
(37)
Special Assessments. To levy and provide for the collection of special
assessments to cover costs for any public improvements;
(38)
Taxes: ad valorem. To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation;
(39)
Taxes: other. To levy and collect such other taxes as may be allowed now or in
the future by law;
(40)
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;
(41)
Urban Redevelopment. To organize and operate an urban redevelopment program;
and
(42)
Other Powers. To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or protect the
safety, health, peace, security, good order, comfort, convenience, or general
welfare of the city and its inhabitants; to exercise all implied powers
necessary or desirable to carry into execution all powers granted in this
charter as fully and completely as if such powers were fully stated in this
charter; and to exercise all powers now or in the future authorized to be
exercised by other municipal governments under other laws of the State of
Georgia; and no listing of particular powers in this charter shall be held to be
exclusive of others, nor restrictive of general words and phrases granting
powers, but shall be held to be in addition to such powers unless expressly
prohibited to municipalities under the Constitution or applicable laws of the
State of Georgia.
SECTION
1.13.
Exercise of powers.
Exercise of powers.
(a)
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.
(b) Failure to exercise a power by the city shall not be a waiver or relinquishment of said power; the city may at any future time exercise or restrict such power; and the failure to exercise such power shall not give any individual or entity any cause of action or claim against the city.
(b) Failure to exercise a power by the city shall not be a waiver or relinquishment of said power; the city may at any future time exercise or restrict such power; and the failure to exercise such power shall not give any individual or entity any cause of action or claim against the city.
ARTICLE
II
GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10.
City council creation; composition; number, elections.
GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10.
City council creation; composition; number, elections.
(a)
The legislative authority of the government of this city, except as otherwise
specifically provided in this charter, shall be vested in a city council to be
composed of a mayor and five
councilmembers.
(b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers. Each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person´s name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of the city that he or she desires his or her name to be placed on the ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file the notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of this city for 12 months immediately preceding the election of mayor or councilmembers. Each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person´s name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of the city that he or she desires his or her name to be placed on the ballot as a candidate either for mayor or councilmember. No person shall be eligible for the office of mayor or councilmember unless such person shall file the notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION
2.11.
Elections.
Elections.
(a)
At any election, all persons who are qualified under the Constitution and laws
of Georgia to vote for members of the General Assembly of Georgia and who are
bona fide residents of the city shall be eligible to qualify as voters in the
election.
(b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under the "Georgia Election Code."
(c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
(d) For the purpose of electing members of the city council, the city council shall consist of five city council posts, at large, designated Council Posts 1 through 5. Each person seeking election shall be at least 21 years of age and be a qualified voter within the City of Richland. Each member shall be elected by a majority of the qualified electors voting. Each member of the council shall, during his or her term of office, continue to meet such qualifications.
(e) The mayor of the City of Richland shall be at least 21 years of age and be elected by the registered voters within the corporate limits of the city.
(f) The city councilmembers for Council Posts 1 and 2 shall be elected at the general election for the city to be held during 2007 for terms of four years. The city councilmembers for Council Posts 3, 4, and 5 and the mayor shall be elected at the general election for the city to be held during 2009 for terms of four years. Future successors shall be elected at the general election of the city immediately preceding the expiration of terms of office and shall take office on the first day of January following their election.
(b) All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under the "Georgia Election Code."
(c) The mayor and councilmembers who are in office on the effective date of this Act shall serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified.
(d) For the purpose of electing members of the city council, the city council shall consist of five city council posts, at large, designated Council Posts 1 through 5. Each person seeking election shall be at least 21 years of age and be a qualified voter within the City of Richland. Each member shall be elected by a majority of the qualified electors voting. Each member of the council shall, during his or her term of office, continue to meet such qualifications.
(e) The mayor of the City of Richland shall be at least 21 years of age and be elected by the registered voters within the corporate limits of the city.
(f) The city councilmembers for Council Posts 1 and 2 shall be elected at the general election for the city to be held during 2007 for terms of four years. The city councilmembers for Council Posts 3, 4, and 5 and the mayor shall be elected at the general election for the city to be held during 2009 for terms of four years. Future successors shall be elected at the general election of the city immediately preceding the expiration of terms of office and shall take office on the first day of January following their election.
SECTION
2.12.
Vacancy; filling of vacancies.
Vacancy; filling of vacancies.
(a)(1)
The office of mayor or councilmember shall become vacant upon the
incumbent´s death, resignation, forfeiture of office, or removal from
office in any manner authorized by this charter or the general laws of the State
of Georgia.
(2)
Upon the suspension from office of mayor or councilmember in any manner
authorized by the general laws of the State of Georgia, the city council or
those remaining shall appoint a successor for the duration of the suspension.
If the suspension becomes permanent, then the office shall become vacant and
shall be filled as provided in subsection (b) of this section.
(b)
In the event that the office of mayor or councilmember shall become vacant, the
city council or those remaining shall order a special election to fill the
balance of the unexpired term of such official; provided, however, if such
vacancy occurs within six months of the expiration of the term of that office,
the city council or those members remaining shall appoint a successor for the
remainder of the term. In all other respects, the special election shall be
held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the
"Georgia Election Code," as now or hereafter amended.
SECTION
2.13.
Nonpartisan elections.
Nonpartisan elections.
Political
parties shall not conduct primaries for city offices and all names of candidates
for city offices shall be listed without party labels.
SECTION
2.14.
Election by majority.
Election by majority.
The
candidate receiving a majority of the votes cast for any city office shall be
elected.
SECTION
2.15.
Compensation and expenses.
Compensation and expenses.
The
mayor and councilmembers shall receive compensation and expenses for their
services as provided by resolution or ordinance and in accordance with Chapter
35 of Title 36 of the O.C.G.A.
SECTION
2.16.
Conflicts of interest; holding other offices.
Conflicts of interest; holding other offices.
(a)
No elected official, appointed officer, or employee of the city or any agency or
political entity to which this charter applies shall knowingly:
(1)
Engage in any business or transaction or have a financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge of
his or her official duties or which would tend to impair the independence of his
or her judgment or action in the performance of his or her official
duties;
(2)
Engage in or accept private employment or render services for private interests
when such employment or service is incompatible with the proper discharge of his
or her official duties or would tend to impair the independence of his or her
judgment or action in the performance of his or her official
duties;
(3)
Disclose confidential information concerning the property, government, or
affairs of the governmental body by which he or she is engaged without proper
legal authorization or use such information to advance the financial or other
private interest of himself or herself or others;
(4)
Accept any valuable gift, whether in the form of service, loan, object, or
promise, from any person, firm, corporation or other legal entity which to his
or her knowledge is interested, directly or indirectly, in any manner whatsoever
in business dealings with the governmental body by which he or she is engaged;
provided, however, that an elected official who is a candidate for public office
may accept campaign contributions and services in connection with any such
campaign;
(5)
Represent other private interests in any action or proceeding against this city
or any portion of its government; or
(6)
Vote or otherwise participate in the negotiation or in the making of any
contract with any business or entity in which he or she has a financial
interest.
(b)
Any elected official, appointed officer, or employee who has any private
financial interest, directly or indirectly, in any contract or matter pending
before or within any department of the city shall disclose such private interest
to the city council. The mayor or any councilmember who has a private interest
in any matter pending before the city council shall disclose such private
interest and such disclosure shall be entered on the records of the city
council, and he or she shall disqualify himself or herself from participating in
any decision or vote relating thereto. Any elected official, appointed officer,
or employee of any agency or political entity to which this charter applies who
shall have any private financial interest, directly or indirectly, in any
contract or matter pending before or within such entity shall disclose such
private interest to the governing body of such agency or
entity.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he or she was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which he or she was elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
SECTION
2.17.
Removal of officers.
Removal of officers.
(a)
The mayor, a councilmember, or other appointed officers provided for in this
charter shall be removed from office for any one or more of the following
causes:
(1)
Incompetence, misfeasance, or malfeasance in office;
(2)
Conviction of a crime involving moral turpitude;
(3)
Failure at any time to possess any qualifications of office as provided by this
charter or by law;
(4)
Knowingly violating Section 2.16 or any other express prohibition of this
charter;
(5)
Abandonment of office or neglect to perform the duties thereof; or
(6)
Failure for any other cause to perform the duties of office as required by this
charter or state law.
(b)
Removal of any officer pursuant to subsection (a) of this section shall be
accomplished by one of the following methods:
(1)
By the vote of three councilmembers after an investigative hearing. In the
event an elected officer is sought to be removed by the action of the city
council, such officer shall be entitled to a written notice specifying the
ground or grounds for removal and to a public hearing which shall be held not
less than ten days after the service of such written notice. Any elected
officer sought to be removed from office as provided in this section shall have
the right of appeal from the decision of the city council to the Superior Court
of Stewart County, Georgia. 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 Stewart County following a hearing on a
complaint seeking such removal brought by any resident of the City of
Richland.
SECTION
2.18.
Inquiries and investigations.
Inquiries and investigations.
The
city council may make inquiries and investigations into the affairs of the city
and the conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony, and require
the production of evidence. Any person who fails or refuses to obey a lawful
order issued in the exercise of these powers by the council shall be punished as
provided by ordinance.
SECTION
2.19.
General power and authority.
General power and authority.
Except
as otherwise provided by this charter, the city council shall be vested with all
the powers of government of this city as provided by Article I of this
charter.
ARTICLE
III
ORGANIZATION OF GOVERNMENT,
GENERAL AUTHORITY, AND ORDINANCES
SECTION 3.10.
Organizational meetings.
ORGANIZATION OF GOVERNMENT,
GENERAL AUTHORITY, AND ORDINANCES
SECTION 3.10.
Organizational meetings.
The
city council shall hold an organizational meeting at the first regular meeting
in January after an election. 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 (or affirm) that I will faithfully perform the duties of
(mayor or councilmember, as the case may be) 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
3.11.
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 resolution or
ordinance.
(b) Special meetings of the city council may be held on call of the mayor or any three 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 any three 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
3.12.
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/minutes of its proceedings, which shall be a public
record.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION
3.13.
Quorum; voting.
Quorum; voting.
Three
councilmembers shall constitute a quorum and shall be authorized to transact
business of the city council. Voting on the adoption of ordinances shall be by
voice vote and the vote shall be recorded in the journal/minutes, 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/minutes. Except as otherwise provided in
this charter, the affirmative vote of three councilmembers, or in cases where a
bare quorum is present, a majority of the members of a bare quorum, shall be
required for the adoption of any ordinance, resolution, or motion. An
abstention shall be counted as an affirmative vote. The mayor shall not have a
vote on the council; however, the mayor shall be entitled to vote in order to
break a tie vote.
SECTION
3.14.
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 Richland, Georgia" 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, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.16 of this charter. Upon introduction of any ordinance, the city 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 city 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, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.16 of this charter. Upon introduction of any ordinance, the city 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 city clerk and at such other public places as the city council may designate.
SECTION
3.15.
Action requiring an ordinance.
Action requiring an ordinance.
Acts
of the city council which have the force and effect of law shall be enacted by
ordinance.
SECTION
3.16.
Emergencies.
Emergencies.
(a)
To meet a public emergency affecting life, health, property, or public peace,
the city council may convene on call of the mayor, mayor pro tempore in the
absence of the mayor, or three 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 three councilmembers shall be required for
adoption. It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically stand repealed 30
days following the date upon which it was adopted, but this shall not prevent
reenactment of the ordinance in the manner specified in this section if the
emergency 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
3.17.
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 3.14 of
this charter for distribution and filing of copies of the ordinance shall be
construed to include copies of any code of technical regulations, as well as the
adopting ordinance; and (2) a copy of each adopted code of technical
regulations, as well as the adopting ordinance, shall be authenticated and
recorded by the city clerk pursuant to Section 3.18 of this
charter.
(b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public. Copies shall also be made available for purchase at a reasonable price not to exceed the cost of producing such copies.
(b) Copies of any adopted code of technical regulations shall be made available by the city clerk for inspection by the public. Copies shall also be made available for purchase at a reasonable price not to exceed the cost of producing such copies.
SECTION
3.18.
Signing; authenticating; recording.
Signing; authenticating; recording.
The
city 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.
SECTION
3.19.
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 shall have been a resident of this city for 12 months
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 that office 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
3.20.
Chief executive officer.
Chief executive officer.
The
mayor shall be the chief executive officer of this city. The mayor shall
possess all of the executive and administrative power granted to the city under
the Constitution and laws of the State of Georgia and all the executive and
administrative powers contained in this charter to include but not limited
to:
(1)
Presiding at all meetings of the city council;
(2)
Being the head of the city for the purpose of service of process and for
ceremonial purposes, and being the official spokesperson for the city and the
chief advocate of policy;
(3)
Having power to administer oaths and to take affidavits;
(4)
Signing as a matter of course on behalf of the city all written and approved
contracts, ordinances, and other instruments executed by the city which by law
are required to be in writing; and
(5)
Appointing such committees and committee chairpersons of the city council as he
or she shall deem reasonable and necessary.
SECTION
3.21.
Powers and duties of the mayor.
Powers and duties of the mayor.
As
the chief executive officer of this city, the mayor shall:
(1)
See that all laws and ordinances of the city are faithfully
executed;
(2)
Appoint and remove all officers, department heads, and employees of the city
except as otherwise provided in this charter;
(3)
Exercise supervision over all executive and administrative work of the city and
provide for the coordination of administrative activities;
(4)
Prepare and submit to the councilmembers a recommended operating budget and
capital budget;
(5)
Submit to the councilmembers at least once a year a statement covering the
financial conditions of the city and from time to time such other information as
the councilmembers may request;
(6)
Recommend to the councilmembers such measures relative to the affairs of the
city, improvement of the government, and promotion of the welfare of its
inhabitants as the mayor may deem expedient;
(7)
Call special meetings of the councilmembers as provided for in subsection (b) of
Section 3.11 of this charter;
(8)
Approve or disapprove ordinances as provided in Section 3.22 of this
charter;
(9)
Provide for an annual audit of all accounts of the city;
(10)
Require any department or agency of the city to submit written reports whenever
the mayor deems it expedient;
(11)
Vote on matters before the city council and be counted toward a quorum as any
other councilmember; and
(12)
Perform such other duties as may be required by law, this charter, or
ordinance.
SECTION
3.22.
Submission of ordinances to the mayor; veto power.
Submission of ordinances to the mayor; veto power.
(a)
Every ordinance adopted by the councilmembers shall be presented promptly by the
city clerk to the mayor after its
adoption.
(b) The mayor, within three calendar days of receipt of an ordinance, shall return it to the city clerk with or without the mayor´s approval or with the mayor´s disapproval. 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 12:00 Noon on the third calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the councilmembers through the city clerk a written statement of the reasons for the 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 councilmembers at their next meeting. If the councilmembers then or at their next meeting adopt the ordinance by an affirmative vote of three 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 councilmembers over the mayor´s veto as provided in this section. The reduced part or parts shall be presented to the councilmembers as though disapproved and shall not become law unless overridden by the councilmembers as provided in subsection (c) of this section.
(b) The mayor, within three calendar days of receipt of an ordinance, shall return it to the city clerk with or without the mayor´s approval or with the mayor´s disapproval. 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 12:00 Noon on the third calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the councilmembers through the city clerk a written statement of the reasons for the 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 councilmembers at their next meeting. If the councilmembers then or at their next meeting adopt the ordinance by an affirmative vote of three 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 councilmembers over the mayor´s veto as provided in this section. The reduced part or parts shall be presented to the councilmembers as though disapproved and shall not become law unless overridden by the councilmembers as provided in subsection (c) of this section.
SECTION
3.23.
Mayor pro tempore; selection; duties.
Mayor pro tempore; selection; duties.
By
a majority vote, the councilmembers shall elect a councilmember to serve as
mayor pro tempore. The mayor pro tempore shall preside at all meetings of the
councilmembers and shall assume the duties and powers of the mayor upon the
mayor´s physical or mental disability or absence. The councilmembers by a
majority vote shall elect a new presiding officer from among its members for any
period in which the mayor pro tempore is disabled, absent, or acting as mayor.
Any such absence or disability shall be declared by majority vote of all
councilmembers.
ARTICLE
IV
ADMINISTRATIVE AFFAIRS
SECTION 4.10.
Administrative and service departments.
ADMINISTRATIVE AFFAIRS
SECTION 4.10.
Administrative and service departments.
(a)
Except as otherwise provided in this charter, the city council by resolution or
ordinance shall prescribe the functions or duties and establish, abolish, alter,
consolidate, or leave vacant all nonelective offices, positions of employment,
departments, and agencies of the city as necessary for the proper administration
of the affairs and government of this
city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of the departments shall receive such compensation as prescribed by resolution or ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer (i.e. "department head"). Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director´s department or agency.
(e) All directors under the supervision of the mayor and appointed officers shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors and appointed officers, or confirm the suspension or removal of employees by department directors, and such action shall be effective immediately upon the mayor´s decision; provided, however, that such director, officer, or employee shall have a right to appeal such action to the city council, which, after a hearing, may override the mayor´s action by a vote of three councilmembers.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of the departments shall receive such compensation as prescribed by resolution or ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer (i.e. "department head"). Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director´s department or agency.
(e) All directors under the supervision of the mayor and appointed officers shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors and appointed officers, or confirm the suspension or removal of employees by department directors, and such action shall be effective immediately upon the mayor´s decision; provided, however, that such director, officer, or employee shall have a right to appeal such action to the city council, which, after a hearing, may override the mayor´s action by a vote of three councilmembers.
SECTION
4.11.
Boards, commissions, and authorities.
Boards, commissions, and authorities.
(a)
The city council shall create by ordinance such boards, commissions, and
authorities to fulfill any investigative, quasi-judicial, 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 resolution or 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 or otherwise provided by law and administered by the mayor.
(g) All board members serve at will and may be removed at any time by a vote of three members 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 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 resolution or 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 or otherwise provided by law and administered by the mayor.
(g) All board members serve at will and may be removed at any time by a vote of three members 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
4.12.
City attorney.
City attorney.
The
city council and mayor 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 city council, mayor, and other
officers and employees of the city concerning legal aspects of the city´s
affairs; and shall perform such other duties as may be required by virtue of
such person´s position as city attorney. The city attorney shall be a
member of the State Bar of Georgia in good standing and shall have been engaged
in the active practice of law in Georgia for a period of not less than five
years.
SECTION
4.13.
City clerk.
City clerk.
The
city council and mayor 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
4.14.
City auditor.
City auditor.
The
city council and mayor shall appoint a city auditor to perform the duties of an
auditor/accountant.
SECTION
4.15.
Position classification and pay plans.
Position classification and pay plans.
The
mayor shall be responsible for the preparation of a position classification and
pay plan which shall be submitted to the city council for approval. Such plan
may apply to all employees of the city and any of its agencies, departments,
boards, commissions, or authorities. When a pay plan has been adopted, the city
council shall not increase or decrease the salary range applicable to any
position except by amendment of such pay plan. For purposes of this section,
all elected and appointed city officials are not city employees.
SECTION
4.16.
Personnel policies.
Personnel policies.
The
city council shall adopt rules and regulations consistent with this charter
concerning:
(1)
The method of employee selection, probation periods, promotion, and
transfer;
(2)
Hours of work, vacation, sick leave, and other leaves of absence, overtime pay,
and the manner in which layoffs shall be effected;
(3)
A for-cause removal system, including provisions for such dismissal hearings as
due process may require; and
(4)
Such other personnel policies as may be necessary to provide for adequate and
systematic handling of personnel affairs.
ARTICLE
V
MUNICIPAL COURT
SECTION 5.10.
Creation; name.
MUNICIPAL COURT
SECTION 5.10.
Creation; name.
There
shall be a court to be known as the Municipal Court of the City of Richland,
Georgia.
SECTION
5.11.
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 resolution or
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, be a member of the State Bar of Georgia in good standing, and 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 resolution or 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/minutes required in Section 3.12 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, be a member of the State Bar of Georgia in good standing, and 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 resolution or 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/minutes required in Section 3.12 of this charter.
SECTION
5.12.
Convening.
Convening.
The
municipal court shall be convened at regular intervals as provided by
ordinance.
SECTION
5.13.
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 the authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail or both.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the 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 recognizance 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 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 shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated.
(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail or both.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the 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 recognizance 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 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 shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated.
(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION
5.14.
Certiorari.
Certiorari.
The
right of certiorari from the decision and judgment of the municipal court shall
exist in all criminal cases and ordinance violation cases, and such certiorari
shall be obtained under the sanction of a judge of the Superior Court of Stewart
County under the laws of the State of Georgia regulating the granting and
issuance of writs of certiorari.
SECTION
5.15.
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.
SECTION
5.16.
Right to counsel.
Right to counsel.
In
all cases before the municipal court, an indigent defendant shall be advised as
to the right to have counsel appointed, and an attorney must be provided when
desired.
ARTICLE
VI
ELECTIONS AND REMOVAL
SECTION 6.10.
Applicability of general law.
ELECTIONS AND REMOVAL
SECTION 6.10.
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
6.11.
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 two councilmembers at one election and at every other election thereafter. The remaining three city council seats and the mayor shall be filled at the election alternating with the first election so that a continuing body is created.
(b) There shall be elected two councilmembers at one election and at every other election thereafter. The remaining three city council seats and the mayor shall be filled at the election alternating with the first election so that a continuing body is created.
SECTION
6.12.
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
6.13.
Election by majority.
Election by majority.
The
person receiving a majority of the votes cast for any city office shall be
elected.
SECTION
6.14.
Vacancies.
Vacancies.
In
the event that the office of mayor or councilmember shall become vacant, the
terms of Section 2.12 of this charter shall control and determine the method for
filling such office.
SECTION
6.15.
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."
ARTICLE
VII
FINANCE
SECTION 7.10.
Property tax.
FINANCE
SECTION 7.10.
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
7.11.
Millage rate; due dates; payment methods.
Millage rate; due dates; payment methods.
The
city council by ordinance or resolution 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 or resolution 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
7.12.
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 7.18 of this charter.
SECTION
7.13.
Licenses.
Licenses.
The
city council by ordinance shall have the power to require any individual or
corporation who transacts business in this city or who practices or offers to
practice any profession or calling with the city to obtain a license or permit
for such activity from the city and pay a reasonable fee for such license or
permit where such activities are not now regulated by general law in such a way
as to preclude city regulations. Such fees may reflect the total cost to the
city of regulating the activity and, if unpaid, shall be collected as provided
in Section 7.18 of this charter. The city council by ordinance may establish
reasonable requirements for obtaining or keeping such licenses as the public
health, safety, and welfare necessitate.
SECTION
7.14.
Franchises.
Franchises.
The
city council shall have the power to grant franchises for the use of this
city´s streets and alleys for the purposes of railroads, street railways,
telephone companies, electric companies, electric membership corporations, cable
television and other telecommunications companies, gas companies, transportation
companies, and other similar organizations. The city council shall determine
the duration terms, whether the same shall be exclusive or nonexclusive, and the
consideration for such franchises; provided, however that no franchise shall be
granted for a period in excess of 35 years and no franchise shall be granted
unless the city receives just and adequate compensation therefor. The city
council shall provide for the registration of all franchises with the city clerk
in a registration book kept by the city clerk. The city council may provide by
ordinance for the registration within a reasonable time of all franchises
previously granted. This provision shall not restrict the city from imposing
other taxes as provided by state law.
SECTION
7.15.
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
7.18 of this charter.
SECTION
7.16.
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
7.18 of this charter.
SECTION
7.17.
Construction; other taxes and fees.
Construction; other taxes and fees.
This
city shall be empowered to levy any other tax or fee allowed now or hereafter by
law, and the specific mention of any right, power, or authority in this article
shall not be construed as limiting in any way the general powers of this city to
govern its local affairs.
SECTION
7.18.
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 7.10 through 7.17 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
execution.
SECTION
7.19.
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
7.20.
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
7.21.
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
7.22.
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
7.23.
Fiscal year.
Fiscal year.
The
city council shall set the fiscal year by ordinance or resolution. 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
7.24.
Preparation of budgets.
Preparation of budgets.
The
city council shall provide an ordinance or resolution 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
7.25.
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 60 days prior to
the beginning of each fiscal year, the mayor shall submit to the city council a
proposed operating budget for the ensuing fiscal year. The budget shall be
accompanied by a message from the mayor containing a statement of the general
fiscal policies of the city, the important features of the budget, explanations
of major changes recommended for the next fiscal year, a general summary of the
budget, and other pertinent comments and information. The operating budget and
the capital budget provided for in Section 7.29 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
7.26.
Action by city council on budget.
Action by city council on budget.
(a)
The city council may amend the operating budget proposed by the mayor, except
that the budget as finally amended and adopted must provide for all expenditures
required by state law or by other provisions of this charter and for all debt
service requirements for the ensuing fiscal year; and the total appropriations
from any fund shall not exceed the estimated fund balance, reserves, and
revenues.
(b) The city council by ordinance or resolution shall adopt the final operating budget for the ensuing fiscal year not later than the beginning day of each 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 or resolution 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 or resolution adopted pursuant to Section 7.24 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 or resolution shall adopt the final operating budget for the ensuing fiscal year not later than the beginning day of each 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 or resolution 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 or resolution adopted pursuant to Section 7.24 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
7.27.
Tax levies.
Tax levies.
The
city council shall levy by ordinance such taxes as are necessary. The taxes and
tax rates set by such ordinance shall be such that reasonable estimates of
revenues from such levy shall at least be sufficient, together with other
anticipated revenues, fund balances, and applicable reserves, to equal the total
amount appropriated for each of the several funds set forth in the annual
operating budget for defraying the expenses of the general government of this
city.
SECTION
7.28.
Changes in appropriations.
Changes in appropriations.
The
city council by majority vote may make changes in the appropriations contained
in the current operating budget at any regular meeting or special or emergency
meeting called for such purpose.
SECTION
7.29.
Capital budget.
Capital budget.
(a)
On or before the date fixed by the city council, but not later than 60 days
prior to the beginning of each fiscal year, the mayor shall submit to the city
council a proposed capital improvements plan with a recommended capital budget
containing the means of financing the improvements proposed for the ensuing
fiscal year. The city council shall have power to accept, with or without
amendments, or reject the proposed plan and 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 3.16 of
this charter.
(b) The city council shall adopt by ordinance or resolution the final capital budget for the ensuing fiscal year not later than the beginning day of each 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, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by majority vote of the city council.
(b) The city council shall adopt by ordinance or resolution the final capital budget for the ensuing fiscal year not later than the beginning day of each 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, that the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by majority vote of the city council.
SECTION
7.30.
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 auditing principles.
Any audit of any funds by the state or federal government may be accepted as
satisfying the requirements of this section. Copies of annual audit reports
shall be available at printing costs to the public.
SECTION
7.31.
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/minutes of proceedings pursuant to Section 3.12 of this
charter.
SECTION
7.32.
Centralized purchasing.
Centralized purchasing.
The
city council shall by resolution or ordinance prescribe procedures for a system
of centralized purchasing for the city.
SECTION
7.33.
Sale and lease of city property.
Sale and lease of city property.
(a)
The city council may sell and convey or lease any real or personal property
owned or held by the city for governmental or other purposes as now or hereafter
provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner´s property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the 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
VIII
GENERAL PROVISIONS
SECTION 8.10.
Bonds for officials.
GENERAL PROVISIONS
SECTION 8.10.
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 resolution
or as may be provided by law.
SECTION
8.11.
Existing ordinances, resolutions, rules, and regulations.
Existing ordinances, resolutions, rules, and regulations.
All
ordinances, resolutions, rules, and regulations now in force in the city not
inconsistent with this charter are declared valid and of full effect and force
until amended or repealed by the city council.
SECTION
8.12.
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 until and unless changes are made by a majority
vote of city council.
SECTION
8.13.
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 officers as may be provided by the city council.
SECTION
8.14.
Construction.
Construction.
(a)
Section captions in this charter are informative only and are not to be
considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
(d) Except as specifically provided otherwise by this charter, the term:
(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.
(d) Except as specifically provided otherwise by this charter, the term:
(1)
"City Council" means the members of the city council and the mayor.
(2)
"Councilmember" means a member of the city council other than the
mayor.
SECTION
8.15.
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
independently of each other.
SECTION
8.16.
Specific repealer.
Specific repealer.
An
Act incorporating the City of Richland in the County of Stewart, approved April
16, 1922 (Ga. L. 1922, p.925), is hereby repealed in its entirety and all
amendatory acts thereto are likewise repealed in their entirety.
SECTION
8.17.
Effective date.
Effective date.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
8.18.
General repealer.
General repealer.
All
laws and parts of laws in conflict with this Act are repealed.