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| Georgia General Assembly |
HB1779.html
02 LC 29 0464
House Bill
1779
By: Representative Stokes of the 92nd
A BILL TO BE
ENTITLED
AN ACT
To provide a new charter for the City of Porterdale; to
provide for incorporation, boundaries, and powers of the city; to provide for a
governing authority of such city and the powers, duties, authority, election,
terms, vacancies, compensation, expenses, qualifications, prohibitions, 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 an office of mayor and certain duties and powers relative to the
office of mayor; to provide for a city manager and certain duties and powers
relative to the city manager; to provide for administrative responsibilities; to
provide for boards, commissions, committees, and authorities; to provide for a
city attorney, a city clerk, a city accountant, 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 practices and procedures;
to provide for taxation and fees; to provide for franchises, service charges,
and assessments; to provide for bonded and other indebtedness; to provide for
accounting, budgeting, and appropriations; to provide for city contracts and
purchases; to provide for the sale of property; 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 provide for severability; to repeal a specific Act; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
ARTICLE
I
INCORPORATION AND
POWERS
SECTION
1.10.
Name.
This city and the inhabitants thereof are reincorporated
by the enactment of this charter and are hereby constituted and declared a body
politic and corporate under the name and style of the City of Porterdale,
Georgia, and by that name shall have perpetual succession. References in this
charter to "the city" or "this city" refer to the City of
Porterdale.
SECTION
1.11.
Corporate boundaries.
(a) The boundaries of this city shall be those existing on
the effective date of the adoption of this charter with such alterations as may
be made from time to time in the manner provided by law. The boundaries of this
city at all times shall be shown on a map, a written description, or any
combination thereof, to be retained permanently in the office of city clerk and
to be designated, as the case may be: "Official Map (or Description) of the
corporate limits of the City of Porterdale, Georgia." Photographic, typed, or
other copies of such map or description certified by the city clerk shall be
admitted as evidence in all courts and shall have the same force and effect as
with the original map or description.
(b) The city
council may provide for the redrawing of any such map by ordinance to reflect
lawful changes in the corporate boundaries. A redrawn map shall supersede for
all purposes the entire map or maps which it is designated to replace.
SECTION
1.12.
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.
SECTION
1.13.
Examples of power.
(a) Air and water pollution. To regulate the emission of
smoke or other exhaust which pollutes the air and to prevent the pollution of
natural streams which flow within the corporate limits of the
city.
(b) Animal regulations. To regulate and license
or to prohibit the keeping or running at large of animals and fowl and to
provide for the impoundment of same if in violation of any ordinance or lawful
order; to provide for the disposition by sale, gift, or humane destruction of
animals and fowl when not redeemed as provided by ordinance; and to provide
punishment for violation of ordinances enacted under this
charter.
(c) 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.
(d) Building regulation. To levy and to provide
for the collection of license fees and taxes on privileges, occupations, trades,
and professions; to license and regulate the same; to provide for the manner and
method of payment of such licenses and taxes; and to revoke such licenses after
due process for failure to pay any city taxes or
fees.
(e) Business regulation and taxation. To levy
and to provide for collection of license fees and taxes on privileges,
occupations, trades, and professions; to license and regulate the same; to
provide for the manner and method of payment of such licenses after due process
for failure to pay any city taxes or fees.
(f)
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.
(g) Contracts. To enter into contracts and
agreements with other governmental entities and with private persons, firms, and
corporations.
(h) 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.
(i)
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.
(j) 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.
(k) Garbage fees. To levy, fix, assess, and
collect a garbage, refuse, and trash collection and disposal and other sanitary
service charge, tax, or fee for such services as may be necessary in the
operation of the city from all individuals, firms, and corporations residing in
or doing business 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.
(l) 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.
(m)
Gifts. To accept or refuse gifts, donations, bequests, or grants from any source
for any purpose related to powers and duties of the city and the general welfare
of its citizens, on such terms and conditions as the donor or grantor may
impose.
(n) Health and sanitation. To prescribe
standards of health and sanitation and to provide for the enforcement of such
standards.
(o) Jail sentences. To provide that persons
given jail sentences in the city court may work out such sentences in any public
works or on the streets, roads, drains, and squares in the city; to provide for
commitment of such persons to any jail; or to provide for commitment of such
persons to any county work camp or county jail by agreement with the appropriate
county officials.
(p) 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.
(q) 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.
(r) 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.
(s) 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.
(t) 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.
(u)
Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and
dispose of public utilities, including but not limited to a system of
waterworks, sewers and drains, sewage disposal, gas works, electric light
plants, transportation facilities, public airports, and any other public
utility; 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, and electrical distribution systems, and all necessary appurtenances
by which said utilities are distributed, inside and outside the corporate limits
of the city; and to provide utility services to persons, firms, and corporations
inside and outside the corporate limits of the city as provided by
ordinance.
(v) Nuisance. To define a nuisance and
provide for its abatement whether on public or private
property.
(w) 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.
(x) 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.
(y) Police and fire protection. To exercise
the power of arrest through duly appointed police officers and to establish,
operate, or contract for a police and a fire-fighting
agency.
(z) 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.
(aa)
Public improvements. To provide for the acquisition, construction, building,
operation, and maintenance of public ways, parks and playgrounds, recreational
facilities, cemeteries, markets and market houses, public buildings, libraries,
public housing, airports, hospitals, terminals, docks, parking facilities, and
charitable, cultural, educational, recreational, conservation, sport, curative,
corrective, detentional, penal, and medical institutions, agencies, and
facilities; and to provide any other public improvements, inside or outside the
corporate limits of the city; and 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.
(bb) Public peace. To provide for the
prevention and punishment of drunkenness, riots, and public
disturbances.
(cc) Public transportation. To organize
and operate such public transportation systems as are deemed
beneficial.
(dd) Public utilities and services. To
grant franchises or make contracts for public utilities and public services and
to prescribe the rates, fares, regulations, and standards and conditions of
service applicable to the service to be provided by the franchise grantee or
contractor, insofar as not in conflict with valid regulations of the Georgia
Public Service Commission.
(ee) 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.
(ff) Retirement. To provide and
maintain a retirement plan for officers and employees of the city, if determined
feasible by the city council.
(gg) Roadways. To lay
out, open, extend, widen, narrow, establish or change the grade of, abandon or
close, construct, maintain, repair, clean, prevent erosion of, and light the
roads, alleys, and walkways within the corporate limits of the city; and 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 locations and to
change a rental therefor in such manner as may be provided by ordinance; and to
authorize and control the construction of bridges, overpasses, and underpasses
within the corporate limits of the city; and to grant franchises and rights of
way throughout the streets and roads and over the bridges and viaducts for the
use of public utilities and private use.
(hh) 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.
(ii) 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.
(jj) Special areas of 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, and massage parlors.
(kk) Special
assessments. To levy and provide for the collection of special assessments to
cover the costs for any public improvements.
(ll)
Taxes: ad valorem. To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation.
(mm) Taxes: other. To levy and collect such
other taxes as may be allowed now or in the future by
law.
(nn) 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.
(oo) Urban redevelopment. To
organize and operate an urban redevelopment
program.
(pp) Other powers. To exercise and enjoy all
other powers, functions, rights, privileges, and immunities necessary or
desirable to promote or protect the safety, health, peace, security, good order,
comfort, convenience, or general welfare of the city and its inhabitants; and to
exercise all implied powers necessary or desirable to carry into execution all
powers granted in this charter as fully and completely as if such powers were
fully stated 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
1.14.
Exercise of powers.
All powers, functions, rights, privileges, and immunities of
the city, its officers, agencies, or employees shall be carried into execution
as provided by this charter. If this charter makes no provision, such shall be
carried into execution as provided by ordinance or as provided by pertinent laws
of the State of Georgia.
ARTICLE
II
GOVERNMENT
STRUCTURE
SECTION
2.10.
City council creation; number;
election.
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. The city
council established in this charter shall in all respects be a successor to and
continuation of the city governing authority under prior law. The mayor and
councilmembers shall be elected in the manner provided by this charter.
SECTION
2.11.
City council; terms and qualifications for
office.
The members of the city council shall serve for terms of
four years and until their respective successors are elected and qualified. No
person shall be eligible to serve as mayor or councilmember unless that person
shall have been a resident of the city for 12 months immediately prior to the
date of the election of mayor or members of the city council. Each such
official shall continue to reside therein during that
member´s
period of service and to be registered and qualified to vote in municipal
elections of this city.
SECTION
2.12.
Vacancy; filling of vacancies;
suspensions.
(a) Vacancies—The office of mayor or
councilmember shall become vacant upon the occurrence of any event specified by
the Constitution, Title 45 of the O.C.G.A., or such other applicable laws as are
or may hereafter be enacted.
(b) Filling of
vacancies—A vacancy in the office of mayor or councilmember shall be
filled for the remainder of the unexpired term, if any, by appointment of city
council if less than 12 months remain in the unexpired term, otherwise by an
election as provided for in Section 5.14 of this charter and in accordance with
Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be
enacted.
SECTION
2.13.
Compensation and expenses.
The mayor and councilmembers shall receive compensation
and expenses for their services as provided by ordinance.
SECTION
2.14.
Conflicts of interest; holding other
offices.
(a) Fiduciary—Elected and appointed officers of
the city are trustees and servants of the residents of the city and shall act in
a fiduciary capacity for the benefit of such
residents.
(b) Conflict of interest—No elected
official, appointed officer, or employee of the city or any agency or political
entity to which this charter applies shall
knowingly:
(1) Engage in any business or transaction
or have a financial or other personal interest, direct or indirect, including,
but not limited to, any business transaction or any such interest of an
immediate family member of such individual, which is incompatible with the
proper discharge of that
person´s
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, including, but not limited to, those for
or on behalf of an immediate family member of such individual, 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 that
person´s
official duties;
(3) Disclose confidential
information, including information obtained at meetings which are closed
pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,
government, or affairs of the governmental body by which he or she is engaged
without proper legal authorization or use such information to advance the
financial or other private interest of himself or herself or
others;
(4) Accept any valuable gift, whether in the
form of service, loan, thing, or promise, from any person, firm, or corporation
including, but not limited to, a member of the immediate family of such
individual, which to his or her knowledge is interested, directly or indirectly,
in any manner whatsoever, in business dealings with the governmental body by
which that person is engaged; provided, however, that an elected official who is
a candidate for public office may accept campaign contributions and services in
connection with any such campaign;
(5) Represent other
private interests in any action or proceeding against this city or any portion
of its government, including, but not limited to, private interests of an
immediate family member; or
(6) Vote or otherwise
participate in the negotiation or in the making of any contract with any
business or entity in which the official or any member of the immediate family
of such individual has a financial interest.
(c)
Disclosure—Any elected official, appointed officer, or employee who shall
or whose immediate family member shall have any private financial interest,
directly or indirectly, in any contract or matter pending before or within any
department of the city shall disclose such private interest to the city council.
The mayor or any councilmember who has a private interest or whose immediate
family member has a private interest in the 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 that person shall disqualify
himself or herself from participating in any decision or vote relating thereto.
Any elected official, appointed officer, or employee of any agency or political
entity to which this charter applies who shall have or whose immediately family
member 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.
(d) Use of public property—No elected
official, appointed officer, or employee of the city or any agency or entity to
which this charter applies shall use property owned by such governmental entity
for personal benefit, convenience, or profit except in accordance with policies
promulgated by the city council or the governing body of such agency or
entity.
(e) Contracts voidable and
rescindable—Any violation of this section which occurs with the knowledge,
express or implied, of a party to a contract or sale shall render such contract
or sale voidable at the option of the city council.
(f)
Ineligibility of elected official—Except where authorized by law, neither
the mayor nor any councilmember shall hold any other elective or compensated
appointive office in the city or otherwise be employed by said government or any
agency thereof during the term for which he or she was
elected.
(g) Political activities of certain officers
and employees—No appointed officer and no employee of the city shall
continue in such employment upon qualifying as a candidate for nomination or
election to any public office except as otherwise provided by law. No employee
of the city may campaign for or on behalf of or contribute to any election to
any public office in the city.
(h) Penalties for
violation—
(1) Any city officer or employee who
knowingly conceals such financial interest or knowingly violates any of the
requirements of this section shall be guilty of malfeasance in office or
position and shall be deemed to have forfeited his or her office or
position.
(2) Any officer or employee of the city who
shall forfeit an office or position as described in paragraph (1) of this
subsection shall be ineligible for appointment or election to or employment in a
position in the city government for a period of three years
thereafter.
(i) Definitions—For the purposes of
this article, the term "immediate family," "member of the immediate family,"
"immediately family member," and similar terms shall mean and include any one or
more of the following persons: a parent, spouse, child, stepchild, brother,
sister, grandparent, grandchild, parent-in-law, brother-in-law, sister-in-law,
aunt, uncle, niece, or nephew or any person residing with the respective elected
official, appointed officer, or employee of the city or any agency or entity to
which this charter applies.
SECTION
2.15.
Inquiries and
investigations.
Following the adoption of an authorizing resolution, the
city council may make inquiries and investigations into the affairs of the city
and conduct of any department, office, or agency thereof and for this purpose
may subpoena witnesses, administer oaths, take testimony, and require the
production of evidence. Any person who fails or refuses to obey a lawful order
issued in the exercise of these powers by the city council shall be punished as
may be provided by ordinance.
SECTION
2.16.
General power and authority of the city
council.
Except as otherwise provided by law or this charter, the
city council shall be vested with all the powers of government of this city.
SECTION
2.17.
Eminent domain.
The city council is hereby empowered to acquire,
construct, operate, and maintain public ways, parks, public grounds, cemeteries,
markets, market houses, public buildings, libraries, sewers, drains, sewage
treatment, waterworks, electrical systems, gas systems, airports, hospitals, and
charitable, educational, recreational, sport, curative, corrective, detentional,
penal, and medical institutions, agencies, and facilities, and any other public
improvements inside or outside the city, and to regulate the use thereof, and
for such purposes, property may be condemned under procedures established under
general law applicable now or as provided in the future.
SECTION
2.18.
Meetings.
The city council shall hold an organizational meeting on
the first Monday of each year or, if that Monday is a holiday, then on the
Monday next. The meeting shall be called to order by the city clerk and the
oath of office shall be administered to the newly elected members as
follows:
"I do solemnly (swear) (affirm) that I will
faithfully perform the duties of (mayor) (councilmember) of this city and that I
will support and defend the charter thereof as well as the Constitution and laws
of the State of Georgia and the United States of America."
SECTION
2.19.
Regular and special
meetings.
(a) The city council shall hold regular meetings at
such times and places as shall be prescribed by
ordinance.
(b) Special meetings of the city council
may be held on call of the mayor or two members of the city council. Notice of
such special meetings shall be served on all other members personally, or by
telephone personally, at least 24 hours in advance of the meeting. Such notice
to councilmembers shall not be required if the mayor and all councilmembers are
present when the special meeting is called. Such notice of any special meeting
may be waived by a councilmember in writing before or after such a meeting and
attendance at the meeting shall also constitute a waiver of notice on any
business transacted in such
councilmember´s
presence. Only the business stated in the call may be transacted at the special
meeting.
(c) All meetings of the city council shall be
public to the extent required by law, and notice to the public of special
meetings shall be made as fully as is reasonably possible as provided by Code
Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may
hereafter be enacted.
SECTION
2.20.
Rules of procedure.
(a) The city council shall adopt its rules of procedure
and order of business consistent with the provisions of this charter and shall
provide for keeping of a journal of its proceedings, which shall be a public
record.
(b) All committees and committee chairpersons
and officers of the city council shall be appointed by the city council and
shall serve at their pleasure. The city council shall have the power to appoint
new members to any committee at any time.
SECTION
2.21.
Quorum; voting.
Four councilmembers shall constitute a quorum and shall
be authorized to transact business of the city council. Voting on the adoption
of ordinances shall be by voice vote and the vote shall be recorded in the
journal, but any member of the city council shall have the right to request a
roll-call vote and such vote shall be recorded in the journal. Except as
otherwise provided in this charter, the affirmative vote of three councilmembers
shall be required for the adoption of any ordinance, resolution, or motion.
SECTION
2.22.
Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in
writing and in the form required for final adoption. No ordinance shall contain
a subject which is not expressed in its title. The enacting clause shall be
"The Council of the City of Porterdale hereby ordains..." and every ordinance
shall so begin.
(b) An ordinance may be introduced by
any councilmember and be read at a regular or special meeting of the city
council. Ordinances shall be considered and adopted or rejected by the city
council in accordance with the rules which it shall establish; provided,
however, an ordinance shall not be adopted the same day it is introduced, except
for emergency ordinances provided for in Section 2.24 of this charter. Upon
introduction of any ordinance, the clerk shall as soon as possible distribute a
copy to the mayor and to each councilmember and shall file a reasonable number
of copies in the office of the clerk and at such other public places as the city
council may designate.
SECTION
2.23.
Action requiring an
ordinance.
Acts of the city council which have the force and effect
of law shall be enacted by ordinance.
SECTION
2.24.
Emergencies.
(a) To meet a public emergency affecting life, health,
property, or public peace, the city council may convene on call of the mayor or
three councilmembers and promptly adopt an emergency ordinance, but such
ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the
rate charged by any public utility for its services; or authorize the borrowing
of money except for loans to be repaid within 30 days. An emergency ordinance
shall be introduced in the form prescribed for ordinances generally, except that
it shall be plainly designated as an emergency ordinance and shall contain,
after the enacting clause, a declaration stating that an emergency exists and
describing the emergency in clear and specific terms. An emergency ordinance
may be adopted, with or without amendment, or rejected at the meeting at which
it is introduced, but the affirmative vote of 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.
SECTION
2.25.
Codes of technical
regulations.
(a) The city council may adopt any standard code of
technical regulations by reference thereto in an adopting ordinance. The
procedure and requirements governing such adopting ordinance shall be as
prescribed for ordinances generally except that: (1) the requirements of
subsection (b) of Section 2.22 of this charter for distribution and filing of
copies of the ordinance shall be construed to include copies of any code of
technical regulations, as well as the adopting ordinance; and (2) a copy of each
adopted code of technical regulations, as well as the adopting ordinance, shall
be authenticated and recorded by the clerk pursuant to Section 2.26 of this
charter.
(b) Copies of any adopted code of technical
regulations shall be made available by the clerk for inspection by the public.
SECTION
2.26.
Signing;
authenticating;
recording; codification;
printing.
(a) The clerk shall authenticate by the
clerk´s
signature and record in full in a properly indexed book kept for that purpose
all ordinances adopted by the city council.
(b) The
city council shall provide for the preparation of a general codification of all
the ordinances of the city having the force and effect of law. The general
codification shall be adopted by the city council by ordinance and shall be
published promptly, together with all amendments thereto and such codes of
technical regulations and other rules and regulations as the city council may
specify. This compilation shall be known and cited officially as "The Code of
the City of Porterdale, Georgia." Copies of the code shall be furnished to all
officers, departments, and agencies of the city and made available for purchase
by the public at a reasonable price as fixed by the city
council.
(c) The city council shall cause each
ordinance and each amendment to this charter to be printed promptly following
its adoption, and the printed ordinances and charter amendments shall be made
available for purchase by the public at reasonable prices to be fixed by the
city council. Following publication of the first code under this charter and at
all times thereafter, the ordinances and charter amendments shall be printed in
substantially the same style as the code currently in effect and shall be
suitable in form for incorporation within the code. The city council shall make
such further arrangements as deemed desirable with reproduction and distribution
of any current changes in or additions to codes of technical regulations and
other rules and regulations included in the code.
SECTION
2.27.
City manager;
appointment;
qualifications;
compensation.
The city council shall appoint a city manager for an
indefinite term and shall fix the city
manager´s
compensation. The city manager shall be appointed solely on the basis of his or
her executive and administrative qualifications.
SECTION
2.28.
Removal of city manager.
(a) The city council may remove the city manager from
office in accordance with the following procedures:
(1)
The city council shall adopt by affirmative vote of a majority of all its
members a preliminary resolution which must state the reasons for removal and
may suspend the city manager from duty for a period not to exceed 45 days. A
copy of the resolution shall be delivered promptly to the city
manager;
(2) Within five days after a copy of the
resolution is delivered to the city manager, that person may file with the city
council a written request for a public hearing. This hearing shall be held
within 30 days after the request is filed. The city manager may file with the
city council a written reply not later than five days before the hearing;
and
(3) If the city manager has not requested a public
hearing within the time specified in paragraph (2) of this subsection, the city
council may adopt a final resolution for removal, which may be made effective
immediately, by an affirmative vote of a majority of all its members. If the
city manager has requested a public hearing, the city council may adopt a final
resolution for removal, which may be made effective immediately, by an
affirmative vote of a majority of all its members at any time after the public
hearing.
(b) The city manager shall continue to
receive his or her salary until the effective date of a final resolution of
removal.
SECTION
2.29.
Acting city manager.
By letter filed with the city clerk, the city manager
may designate, subject to approval of the city council, a qualified city
administrative officer to exercise the powers and perform the duties of city
manager during the his or her temporary absence or physical or mental
disability. During such absence or disability, the city council may revoke such
designation at any time and appoint another officer of the city to serve until
the city manager shall return or his or her disability shall
cease.
SECTION
2.30.
Powers and duties of the city
manager.
The city manager shall be the chief executive and
administrative officer of the city. The city manager shall be responsible to
the city council for the administration of all city affairs placed in his or her
charge by or under this charter. As the chief executive and administrative
officer, the city manager shall:
(1) Appoint, hire,
and, when the city manager deems it necessary for the good of the city, suspend
or remove all city employees and administrative officers the city manager
appoints or hires, except as otherwise provided by law or personnel ordinances
adopted pursuant to this charter. The city manager may authorize any
administrative officer who is subject to the city
manager´s
direction and supervision to exercise these powers with respect to subordinates
in that
officer´s
department, office, or agency;
(2) Direct and
supervise the administration of all departments, offices, and agencies of the
city, except as otherwise provided by this charter or by
law;
(3) Attend all city council meetings, except for
closed meetings held for the purposes of deliberating on the appointment,
performance evaluation, or removal of the city manager, and have the right to
take part in discussion, but he or she shall not have the right to
vote;
(4) See that all laws, provisions of this
charter, and acts of the city council, subject to enforcement by the city
manager or by officers subject to the city
manager´s
direction and supervision, are faithfully executed;
(5)
Prepare and submit the annual operating budget and capital budget to the city
council;
(6) Submit to the city council and make
available to the public a complete report on the finances and administrative
activities of the city as of the end of each fiscal
year;
(7) Make a monthly report to the city council
concerning the operations of city departments, offices, and agencies subject to
the city
manager´s
direction and supervision;
(8) Keep the city council
fully advised as to the financial condition and future needs of the city, and
make such recommendations to the city council concerning the affairs of the
city; and
(9) Perform other such duties as are
specified in this charter or as may be required by the city
council.
SECTION
2.31.
Council´s
interference with administration.
Except for the purpose of inquiries and investigations
under Section 2.15 of this charter, the city council shall deal with city
officers and employees who are subject to the direction and supervision of the
city manager solely through the city manager, and neither the mayor nor city
council nor its members shall give orders to any such officer or employee,
either publicly or privately. Said mayor and council shall exercise their
powers in session duly assembled and no member or group of members thereof shall
otherwise attempt to exercise the powers conferred upon the city
council.
SECTION
2.32.
Election of mayor; forfeiture;
compensation.
The mayor shall be elected and shall serve for a term of
four years and until his or her successor is elected and qualified. The mayor
shall be a qualified elector of this city and shall have been a resident of the
city for 12 months immediately preceding his or her election. The mayor shall
continue to reside in this city during the period of his or her service. He or
she shall forfeit his or her 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
2.33.
Powers and duties of mayor.
The mayor shall:
(1) Preside
at all meetings of the city council;
(2) Be the head
of the city for the purpose of service of process and for ceremonial purposes
and be the official spokesperson for the city and the chief advocate of
policy;
(3) Have power to administer oaths, issue
proclamations, and to take affidavits;
(4) Sign as a
matter of course on behalf of the city all written and approved contracts,
ordinances, and other instruments executed by the city which by law are required
to be in writing;
(5) Perform such other duties and
exercise such other powers as are otherwise provided by general state law and
this charter;
(6) Call special meetings of the city
council as provided for in subsection (b) of Section 2.19 of this charter;
and
(7) Perform such other duties as the city council
shall by ordinance or resolution establish.
SECTION
2.34.
Submission of ordinances to the mayor; veto
power.
(a) Every ordinance adopted by the city council shall
be presented promptly by the clerk to the mayor.
(b)
The mayor shall within ten calendar days of receipt of an ordinance 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 tenth calendar day after
its adoption; if the ordinance is disapproved, the mayor shall submit to the
city council 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 clerk to the city council at its next
meeting. If the city council then or at its next meeting adopts the ordinance
by an affirmative vote of four members, it shall become
law.
(d) The power of veto shall not be ascribed to
the mayor in regard to contracts and ordinances in which the mayor has a
disqualifying financial or personal interest as provided in Section 2.14 of this
charter.
SECTION
2.35.
Mayor pro tempore; selection;
duties.
By a majority vote the city council shall elect a
councilmember to serve as mayor pro tempore at its organizational meeting. The
mayor pro tempore shall preside at all meetings of the city council and shall
assume the duties and powers of the mayor during any disability or absence or
the mayor. The city council 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
III
ADMINISTRATIVE
AFFAIRS
SECTION
3.10.
Administrative and service
departments.
(a) Except as otherwise provided in this charter, the
city council by ordinance shall prescribe the functions or duties and establish,
abolish, or alter all nonelective offices, positions of employment, departments,
and agencies of the city as necessary for the proper administration of the
affairs and government of this city.
(b) Except as
otherwise provided by this charter or by law, the 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 departments shall receive such compensation as prescribed by
ordinance.
(d) There shall be a director of each
department or agency who shall be its principal officer. Each director shall,
subject to the direction and supervision of the city manager, be responsible for
the administration and direction of the affairs and operations of that
director´s
department or agency.
(e) All directors and department
heads under the supervision of the city manager shall be nominated by the city
manager with the advice and consent of the city council.
(f) The city council may remove department heads and
directors from office in accordance with the following
procedures:
(1) The city council shall adopt by
affirmative vote of a majority of all its members a preliminary resolution which
must state the reasons for removal and may suspend a department head or director
from duty for a period not to exceed 45 days. A copy of the resolution shall be
delivered promptly to the department head or
director;
(2) Within five days after a copy of the
resolution is delivered to the department head or director, he or she may file
with the city council a written request for a public hearing. This hearing
shall be held within 30 days after the request is filed. The department head or
director may file with the council a written reply not later than five days
before the hearing; and
(3) If the department head or
director has not requested a public hearing within the time specified in
paragraph (2) of this subsection, the city council may adopt a final resolution
for removal, which may be made effective immediately, by an affirmative vote of
a majority of all its members. If the department head or director requests a
public hearing, the city council may adopt a final resolution for removal, which
may be made effective immediately, by an affirmative vote of a majority of all
its members at any time after the public hearing.
The
department head or director shall continue to receive his or her salary until
the effective date of a final resolution of removal.
SECTION
3.11.
Boards, commissions, and
authorities.
(a) The city council shall create by ordinance such
boards, commissions, and authorities to fulfill any investigative,
quasi-judicial, or quasi-legislative function the city council deems necessary
and shall by ordinance establish the composition, period of existence, duties,
and powers thereof.
(b) All members of boards,
commissions, committees, 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 or resolution, except where other appointing authority, terms of
office, or manner of appointment is prescribed by this charter or by
law.
(c) The city council by ordinance or resolution
may provide for the compensation and reimbursement for actual and necessary
expenses of the members of any board, commission, committee, or
authority.
(d) Except as otherwise provided by
charter, law, or ordinance, no member of any board, commission, or authority
shall hold any elective office in the city.
(e) Any
vacancy on a board, commission, committee, or authority of the city shall be
filled for the unexpired term in the manner prescribed for original appointment
or by ordinance or resolution except as otherwise provided by this charter or by
law.
(f) No member of a board, commission, committee,
or authority shall assume office until he or she has executed and filed with the
clerk of the city an oath obligating himself or herself to perform faithfully
and impartially the duties of the office, such oath to be prescribed by
ordinance and administered by the mayor.
(g) Any
member of a board, commission, committee, or authority may be removed from
office for cause by a vote of three members of the city
council.
(h) Except as otherwise provided by this
charter or by law, each board, commission, committee, 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 one of its own members or may appoint as secretary an employee of the
city. Each board, commission, committee, or authority shall pass 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 rules and regulations shall be filed
with the clerk of the city.
SECTION
3.12.
City attorney.
The city council shall appoint a city attorney, together
with such assistant city attorneys as may be authorized, each of whom shall be a
member in good standing of the State Bar of Georgia, and shall provide for the
payment of such attorney or attorneys for services rendered to the city. The
city attorney shall serve at the pleasure of the city council and shall be
responsible for representing and defending the city in all litigation in which
the city is a party; may be the prosecuting officer in the municipal court;
shall attend the meetings of the 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.
SECTION
3.13.
City clerk.
The city council 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 report to and perform such other duties as may be required by the city
council.
SECTION
3.14.
City accountant.
The city council shall appoint a city accountant to
perform the duties of an accountant.
SECTION
3.15.
Position classification and pay
plans.
The city manager shall be responsible for the
preparation of a position classification and pay plan which shall be submitted
to the city council for approval. Such plan may apply to all employees of the
city and any of its agencies, departments, boards, commissions, or authorities.
When a pay plan has been adopted, the city council shall not increase or
decrease the salary range applicable to any position except by amendment of such
pay plan. For purposes of this section, all elected and appointed city officials
are not city employees.
SECTION
3.16.
Personnel policies.
The city council shall adopt rules and regulations
consistent with this charter concerning:
(1) The
method of employee selection and probationary periods of
employment;
(2) The administration of the position
classification and pay plan, methods of promotion and application of service
ratings thereto, and transfer of employees within the classification
plan;
(3) Hours of work, vacation, sick leave, other
leaves of absence, overtime pay, and the order and manner in which layoffs shall
be effected;
(4) Such dismissal hearings as due
process may require; and
(5) Such other personnel
notices as may be necessary to provide for adequate and systematic handling of
personnel affairs.
ARTICLE IV
JUDICIAL
BRANCH
SECTION
4.10.
Creation; name.
There shall be a court to be known as the Municipal
Court of the City of Porterdale.
SECTION
4.11.
Chief judge; associate
judge.
(a) The municipal court shall be presided over by a
chief judge and such part-time, full-time, or stand-by judges as shall be
provided by ordinance. The method of selection and terms of such judges shall
be provided by ordinance.
(b) No person shall be
qualified or eligible to serve as a judge on the municipal court unless that
person shall have attained the age of 21 years and shall be a member of the
State Bar of Georgia and shall possess all qualifications required by law. The
chief judge shall be nominated and appointed by the city council and shall serve
at the pleasure of the council. All other judges shall be nominated by the
chief judge and appointed by the city council.
(c)
Compensation of the judges shall be fixed by
ordinance.
(d) Judges serve at will and may be removed
from office at any time by an affirmative vote of three members of the city
council.
(e) Before assuming office, each judge shall
take an oath, given by the mayor, that such judge will honestly and faithfully
discharge the duties of the
judge´s
office to the best of the
judge´s
ability and without fear, favor, or partiality. The oath shall be entered upon
the minutes of the city council journal required in Section 2.21 of this
charter.
SECTION
4.12.
Convening.
The municipal court shall be convened at regular
intervals as provided by ordinance.
SECTION
4.13.
Jurisdiction; powers.
(a) The municipal court shall try and punish violations
of this charter, all city ordinances, and such other violations as provided by
law.
(b) The municipal court shall have authority to
punish those in its presence for contempt, provided that such punishment shall
not exceed a fine of $200.00 or ten days in jail.
(c)
The municipal court may fix punishment for offenses within its jurisdiction not
exceeding a fine of $1,000.00 or imprisonment for one year or both such fine and
imprisonment or may fix punishment by fine, imprisonment, or alternative
sentencing, as now or hereafter provided by law.
(d)
The municipal court shall have authority to establish a schedule of fees to
defray the cost of operation and shall be entitled to reimbursement of the cost
of meals, transportation, and caretaking of prisoners bound over to superior
courts for violations of state law.
(e) The municipal
court shall have authority to establish bail and recognizances to ensure the
presence of those charged with violations before said court and shall have
discretionary authority to accept cash or personal or real property as surety
for the appearance of persons charged with violations. Whenever any person shall
give bail for appearance and shall fail to appear at the time fixed for trial,
the bond shall be forfeited by the judge presiding at such time and an execution
issued thereon by serving the defendant and his or her sureties with a rule nisi
at least two days before a hearing on the rule nisi. In the event that cash or
property is accepted in lieu of bond for security for the appearance of a
defendant at trial, and if such defendant fails to appear at the time and place
fixed for trial, the cash so deposited shall be on order of the judge declared
forfeited to the city, or the property so deposited shall have a lien against it
for the value forfeited which lien shall be enforceable in the same manner and
to the same extent as a lien for city property
taxes.
(f) The municipal court shall have the same
authority as superior courts to compel the production of evidence in the
possession of any party; to enforce obedience to its orders, judgments, and
sentences; and to administer such oaths as are
necessary.
(g) Each judge of the municipal court may
compel the presence of all parties necessary to a proper disposal of each case
by the issuance of summonses, subpoenas, and warrants which may be served as
executed by any officer as authorized by this charter or by
law.
(h) Each judge of the municipal court shall be
authorized to issue warrants for the arrest of persons charged with offenses
against any ordinance of the city, and each judge of the municipal court shall
have the same authority as a magistrate of the state to issue warrants for
offenses against state laws committed within the city.
SECTION
4.14.
Certiorari.
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 Newton County under the laws of the State of Georgia
regulating the granting and issuance of writs of certiorari.
SECTION
4.15.
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 said
proceedings.
ARTICLE V
ELECTIONS
AND REMOVAL
SECTION
5.10.
Applicability of general
law.
All primaries and elections shall be held and conducted
in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election
Code," as now or hereafter amended.
SECTION
5.11.
Election of the city council and
mayor.
(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 said city shall be
eligible to quality 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 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."
(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 elcted and until their successors are elected
and qualified.
(d) For the purpose of electing members
of the council, the City of Porterdale shall consist of one election district
with five numbered posts. Each person seeking election shall designate the post
for which he or she seeks election.
(e) On the first
election under this charter on the Tuesday following the first Monday in
November, 2003, and on that day quadrennially thereafter, there shall be elected
a mayor and two councilmembers for councilmember posts 1 and 2. Then, at the
election on the Tuesday following the first Monday in November, 2005, and on
that day quadrennially thereafter, there shall be elected three councilmembers
for councilmember posts 3, 4, and 5. It is the purpose of this section to
provide a rotation system for the office of mayor and councilmembers. The terms
of the offices shall begin on the first day of January immediately following the
election of such member.
SECTION
5.12.
Nonpartisan elections.
Political parties shall not conduct primaries for city
offices and all names of candidates for city offices shall be listed without
party designations.
SECTION
5.13.
Election by plurality vote.
The person receiving a plurality of the votes cast for
any city office shall be elected.
SECTION
5.14.
Special elections;
vacancies.
In the event that the office of mayor or councilmember
shall become vacant as provided in Section 2.12 of this charter, the city
council or those remaining shall order a special election to fill the balance of
the unexpired term of such official; provided, however, if such vacancy occurs
within 12 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
5.15.
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," or as now or hereafter
amended.
SECTION
5.16.
Removal of officers.
(a) A councilmember, the mayor, or other appointed
officers provided for in this charter shall be removed from office for any one
or more of the causes provided in Title 45 of the O.C.G.A. or such other
applicable laws as are or may hereafter be enacted.
(b)
Removal of an officer pursuant to subsection (a) of this section shall be
accomplished by one of the following methods:
(1)
Following a hearing at which an impartial panel shall render a decision. In the
event an elected officer is sought to be removed by the action of the city
council, such officer shall be entitled to a written notice specifying the
ground or grounds for removal and to a public hearing which shall be held not
less than ten days after the service of such written notice. The city council
shall provide by ordinance for the manner in which such hearings shall be held.
Any elected officer sought to be removed from office as provided in this section
shall have the right of appeal from the decision of the city council to the
Superior Court of Newton County. Such appeal shall be governed by the same
rules as govern appeals to the superior court from the probate court;
or
(2) By an order of the Superior Court of Newton
County following a hearing on a complaint seeking such removal brought by any
resident of the City of Porterdale.
ARTICLE
VI
FINANCE
SECTION
6.10.
Property tax.
The city council may assess, levy, and collect an ad
valorem tax on all real and personal property within the corporate limits of the
city that is subject to such taxation by the state and county. This tax is for
the purpose of raising revenues to defray the costs of operating the city
government, of providing governmental services, for the repayment of principal
and interest on general obligations, and for any other public purpose as
determined by the city council in its discretion.
SECTION
6.11.
Millage rate; due dates; payment
methods.
The city council by ordinance shall establish a millage
rate for the city property tax, a due date, and the time period within which
these taxes must be paid. The city council by ordinance may provide for the
payment of these taxes by installments or in one lump sum, as well as authorize
the voluntary payment of taxes prior to the time when due.
SECTION
6.12.
Occupation and business
taxes.
The city council by ordinance shall have the power to
levy such occupation or business taxes as are not denied by law. The city
council may classify businesses, occupations, professions, or callings for the
purpose of such taxation in any way which may be lawful and may compel the
payment of such taxes as provided in Section 6.18 of this
charter.
SECTION
6.13.
Licenses; permits; fees.
The city council by ordinance shall have the power to
require businesses or practitioners doing business in this city to obtain a
permit for such activity from the city and pay a regulatory fee for such permit
as provided by general law. Such fees shall reflect the total cost to the city
of regulating the activity and, if unpaid, shall be collected as provided in
Section 6.18 of this charter.
SECTION
6.14.
Franchises.
(a) The city council shall have the power to grant
franchises for the use of this
city´s
streets and alleys for the purposes of railroads, street railways, telephone
companies, electric companies, cable television companies, gas companies,
transportation companies, and other similar organizations. The city council
shall determine the duration, terms, whether the same shall be exclusive or
nonexclusive, and the consideration for such franchises; provided, however, no
franchise shall be granted unless the city receives just and adequate
compensation therefor. The city council shall provide for the registration of
all franchises with the city clerk in a registration book kept by the city
clerk. The city council may provide by ordinance for the registration within a
reasonable time of all franchises previously
granted.
(b) If no franchise agreement is in effect,
the city council has the authority to impose a tax on gross receipts for the use
of this
city´s
streets and alleys for the purposes of railroads, street railways, telephone
companies, electric companies, electric membership corporations, cable
television and other telecommunications companies, gas companies, transportation
companies, and other similar organizations.
SECTION
6.15.
Service charges.
The city council by ordinance shall have the power to
assess and collect fees, charges, and tolls for sewers, sanitary and health
services, or any other services provided or made available within and outside
the corporate limits of the city for the total cost to the city of providing or
making available such services. If unpaid, such charges shall be collected as
provided in Section 6.18 of this charter.
SECTION
6.16.
Special assessments.
The city council by ordinance shall have the power to
assess, charge, and collect the costs of constructing, reconstructing, widening,
or improving any public way, street, sidewalk, curbing, gutters, sewers, or
other utility mains and appurtenances from the abutting property owners under
such terms and conditions as are reasonable. If unpaid, such charges shall be
collected as provided in Section 6.18 of this charter.
SECTION
6.17.
Construction; other taxes.
This city shall be empowered to levy any other tax or
fee allowed now or hereafter by law, and the specific mention of any right,
power, or authority in this article shall not be construed as limiting in any
way the general powers of this city to govern its local affairs.
SECTION
6.18.
Collection of delinquent taxes and
fees.
The city council by ordinance may provide generally for
the collection of delinquent taxes, fees, or other revenue due the city under
Sections 6.10 through 6.17 of this charter by whatever reasonable means as are
not precluded by law. This shall include providing for the dates when the taxes
or fees are due; late penalties or interest; issuance and execution of
fi. fas.; creation and priority of liens; making delinquent taxes and fees
personal debts of the persons required to pay the taxes or fees imposed;
revoking city licenses for failure to pay any city taxes or fees; and providing
for the assignment or transfer of tax executions.
SECTION
6.19.
General obligation bonds.
The city council shall have the power to issue bonds for
the purpose of raising revenue to carry out any project, program, or venture
authorized under this charter or the laws of the state. Such bonding authority
shall be exercised in accordance with the laws governing bond issuance by
municipalities in effect at the time such issue is
undertaken.
SECTION
6.20.
Revenue bonds.
Revenue bonds may be issued by the city council as state
law now or hereafter provides. Such bonds are to be paid out of any revenue
produced by the project, program, or venture for which they were
issued.
SECTION
6.21.
Short-term loans.
The city may obtain short-term loans and must repay such
loans not later than December 31 of each year, unless otherwise provided by
law.
SECTION
6.22.
Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or
lease-purchase contracts for the acquisition of goods, materials, real and
personal property, services, and supplies, provided the contract terminates
without further obligation on the part of the municipality at the close of the
calendar year in which it was executed and at the close of each succeeding
calendar year for which it may be renewed. Contracts must be executed in
accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or
other such applicable laws as are or may hereafter be
enacted.
SECTION
6.23.
Fiscal year.
The city council shall set the fiscal year by ordinance.
This fiscal year shall constitute the budget year and the year for financial
accounting and reporting of each and every office, department, agency, and
activity of the city government.
SECTION
6.24.
Preparation of budgets.
The city council shall provide an ordinance on the
procedures and requirements for the preparation and execution of an annual
operating budget, a capital improvement program, and a capital budget, including
requirements as to the scope, content, and form of such budgets and
programs.
SECTION
6.25.
Submission of operating budget to city
council.
On or before a date fixed by the city council but not
later than 30 days prior to the beginning of each fiscal year, the city manager
shall submit to the city council a proposed operating budget for the ensuing
fiscal year. The budget shall be accompanied by a message from the city manager
containing a statement of the general fiscal policies of the city, the important
features of the budget, explanations of major changes recommended for the next
fiscal year, a general summary of the budget, and such other comments and
information as the city manager may deem pertinent. The operating budget, the
capital improvements budget, the budget message, and all supporting documents
shall be filed in the office of the city clerk and shall be open to public
inspection.
SECTION
6.26.
Action by city council on
budget.
(a) The city council may amend the operating budget
proposed by the city manager, except that the budget as finally amended and
adopted must provide for all expenditures required by state law or by other
provisions of this charter and for all debt service requirements for the ensuing
fiscal year. The total appropriations from any fund shall not exceed the
estimated fund balance, reserves, and revenues.
(b)
The city council by ordinance shall adopt the final operating budget for the
ensuing fiscal year not later than December 31 of each year. If the city
council fails to adopt the budget by said date, the amounts appropriated for
operation for the then current fiscal year shall be deemed adopted for the
ensuing fiscal year on a month-to-month basis, with all items prorated
accordingly, until such time as the city council adopts a budget for the ensuing
fiscal year. Adoption of the budget shall take the form of an appropriations
ordinance setting out the estimated revenues in detail by sources and making
appropriations according to fund and by organizational unit, purpose, or
activity as set out in the budget preparation ordinance adopted pursuant to
Section 6.24 of this charter.
(c) The amount set out
in the adopted operating budget for each organizational unit shall constitute
the annual appropriation for such, and no expenditure shall be made or
encumbrance created in excess of the otherwise unencumbered balance of the
appropriations or allotment thereof to which it is
chargeable.
SECTION
6.27.
Tax levies.
The city council shall levy by ordinance such taxes as
are necessary. The taxes and tax rates set by such ordinance shall be such that
reasonable estimates of revenues from such levy shall at least be sufficient,
together with other anticipated revenues, fund balances, and applicable
reserves, to equal the total amount appropriated for each of the several funds
set forth in the annual operating budget for defraying the expenses of the
general government of this city.
SECTION
6.28.
Changes in appropriations.
The city council by ordinance may make changes in the
appropriations contained in the current operating budget at any regular meeting
or special or emergency meeting called for such purpose, but any additional
appropriations may be made only from an existing unexpended
surplus.
SECTION
6.29.
Capital improvements;
budget.
(a) On or before the date fixed by the city council,
but not later than 30 days prior to the beginning of each fiscal year, the city
manager shall submit to the city council a proposed capital improvements budget
with any recommendations as to 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 program and proposed means of
financing. The city council shall not authorize an expenditure for the
construction of any building, structure, work, or improvement unless the
appropriations for such project are included in the capital improvements budget,
except to meet a public emergency as provided in Section 2.24 of this
charter.
(b) The city council shall adopt by ordinance
the final capital improvements budget for the ensuing fiscal year not later than
December 31 of each year. No appropriation provided for in a prior capital
improvements budget shall lapse until the purpose for which the appropriations
were made shall have been accomplished or abandoned; provided, however, the city
manager may submit amendments to the capital improvements budget at any time
during the fiscal year, accompanied by any recommendations. Any such amendments
to the capital improvements budget shall become effective only upon adoption by
ordinance.
SECTION
6.30.
Independent audit.
There shall be an annual independent audit of all city
accounts, funds, and financial transactions by a certified public accountant
selected by the city council. The audit shall be conducted according to
generally accepted accounting principles. Any audit of any funds by the state
or federal governments may be accepted as satisfying the requirements of this
charter. Copies of annual audit reports shall be available at printing costs to
the public.
SECTION
6.31.
Contracting procedures.
No contract with the city shall be binding on the city
unless:
(1) It is in
writing;
(2) It is drawn by or submitted and reviewed
by the city attorney and, as a matter of course, is signed by the city attorney
to indicate such drafting or review; and
(3) It is
made or authorized by the city council and such approval is entered in the city
council journal of proceedings pursuant to Section 2.21 of this
charter.
SECTION
6.32.
Centralized purchasing.
The city council shall by ordinance prescribe procedures
for a system of centralized purchasing for the city.
SECTION
6.33.
Sale 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 city manager and adoption of a resolution,
both finding that the property is not needed for public or other purposes and
that the interest of the city has no readily ascertainable monetary
value.
(c) Whenever in opening, extending, or widening
any street, avenue, alley, or public place of the city a small parcel or tract
of land is cut off or separated by such work from a larger tract or boundary of
land owned by the city, the city council may authorize the city manager to sell
and convey said cut-off or separated parcel or tract of land to an abutting or
adjoining property owner or owners where such sale and conveyance facilitates
the highest and best use of the abutting
owner´s
property. Included in the sales contract shall be a provision for the rights of
way of said street, avenue, alley, or public place. Each abutting property
owner shall be notified of the availability of the property and given the
opportunity to purchase said property under such terms and conditions as set out
by ordinance. All deeds and conveyances heretofore and hereafter so executed
and delivered shall convey all title and interest the city has in such property,
notwithstanding the fact that no public sale after advertisement was or is
hereafter made.
ARTICLE VII
GENERAL
PROVISIONS
SECTION
7.10.
Bonds for officials.
The officers and employees of this city, both elected
and appointed, shall execute such surety or fidelity bonds in such amounts and
upon such terms and conditions as the city council shall from time to time
require by ordinance or as may be provided by law.
SECTION
7.11.
Prior ordinances.
All ordinances, resolutions, rules, and regulations now
in force in the city not inconsistent with this charter are declared valid and
of full effect and force until amended or repealed by the city
council.
SECTION
7.12.
Existing personnel and
officers.
Except as specifically provided otherwise by this
charter, all personnel and officers of this city and their rights, privileges,
and powers shall continue beyond the time this charter takes effect for a period
of 90 days before or during which time the existing city council shall pass a
transition ordinance detailing the changes in personnel and appointed officers
required or desired and arranging such titles, rights, privileges, and powers as
may be required or desired to allow a reasonable
transition.
SECTION
7.13.
Pending matters.
Except as specifically provided otherwise by this
charter, all rights, claims, actions, orders, contracts, and legal or
administrative proceedings shall continue and any such ongoing work or cases
shall be completed by such city agencies, personnel, or offices as may be
provided by the city council.
SECTION
7.14.
Construction.
(a) Section captions in this charter are informative
only and are not be considered as a part thereof.
(b)
The word "shall" is mandatory and the word "may" is
permissive.
(c) The singular shall include the plural,
the masculine shall include the feminine, and vice versa.
SECTION
7.15.
Severability.
If any article, section, subsection, paragraph,
sentence, or part thereof of this charter shall be held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect or
impair other parts of this charter unless it clearly appears that such other
parts are wholly and necessarily dependent upon the part held to be invalid or
unconstitutional, it being the legislative intent in enacting this charter that
each article, section, subsection, paragraph, sentence, or part thereof be
enacted separately and independent of each other.
SECTION
7.16.
Specific repealer.
An Act incorporating the City of Porterdale in the
County of Newton, approved March 13, 1978 (Ga. L. 1978, p. 3448), is hereby
repealed in its entirety and all mandatory Acts thereto are likewise repealed in
their entirety.
SECTION
7.17.
Effective date.
This Act shall become effective on July 1,
2002.
SECTION
7.18.
General repealer.
All laws and parts of laws in conflict with this Act are
repealed.