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| Georgia General Assembly |
HB309.html
01 LC 21 6134
House Bill
309
By: Representative Morris of the 155th
A BILL TO BE
ENTITLED
AN ACT
To provide a new charter for the City of Higgston; to
provide for incorporation, boundaries, and powers of the city; to provide for a
governing authority of such city and the powers, duties, authority, election,
terms, method of filling vacancies, compensation, qualifications, prohibitions,
and removal from office relative to members of such governing authority; to
provide for inquiries and investigations; to provide for organization and
procedures; to provide for ordinances and codes; to provide for the office of
mayor and certain duties and powers relative to the office of mayor; to provide
for administrative responsibilities; to provide for boards, commissions, and
authorities; to provide for a city attorney, a city clerk, a city treasurer, and
other personnel; to provide for rules and regulations; to provide for a
municipal court and the judge or judges thereof; to provide for practices and
procedures; to provide for taxation and fees; to provide for franchises, service
charges, and assessments; to provide for bonded and other indebtedness; to
provide for accounting and budgeting; to provide for purchases; to provide for
the sale of property; to provide for bonds for officials; to provide for eminent
domain; to provide for penalties; to provide for definitions and construction;
to provide for severability; to provide for other matters relative to the
foregoing; 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
INCORPORATIONS AND POWERS
SECTION
1.10.
Name.
This city and the inhabitants thereof are reincorporated
by the enactment of this charter and are hereby constituted and declared a body
politic and corporate under the name and style City of Higgston and by that name
shall have perpetual succession.
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 the city clerk
and to be designated, as the case may be: "Official Map (or Description) of the
corporate limits of the City of Higgston." Photographic, typed, or other copies
of such map or description certified by the City of Higgston 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 power 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 powers.
(a) Animal Regulations. To regulate and license or to
prohibit the keeping or running at large of animals and fowl and to provide for
the impoundment of same if in violation of any ordinance or lawful order; to
provide for the disposition by sale, gift, or humane destruction of animals and
fowl when not redeemed as provided by ordinances; and to provide punishment for
violation of ordinance enacted hereunder;
(b)
Appropriations and Expenditures. To make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes
authorized by this charter and for any purpose for which a municipality is
authorized by the laws of the State of Georgia; and to provide for the payment
of expenses of the city;
(c) Building Regulation. To
regulate and to license the erection and construction of buildings and all other
structures; to adopt building, housing, plumbing, electric, gas, and heating and
air-conditioning codes; and to regulate all housing, and building
trades;
(d) Business Regulation and Taxation. To levy
and to provide for the collection of regulatory fees and taxes on privileges,
occupations, trades, and professions as authorized by Title 48 of the O.C.G.A.,
or other such applicable laws as are or may hereafter be enacted; to permit and
regulate the same; to provide for the manner and method of payment of such
regulatory fees and taxes; and to revoke such permits after due process for
failure to pay any city taxes or fees;
(e)
Condemnation. To condemn property, inside and outside the corporate limits of
the city, for present or future use and for any corporate purpose deemed
necessary by the governing authority utilizing procedures enumerated in Title 22
of the O.C.G.A., or such other applicable laws as are or may hereafter be
enacted;
(f) Contracts. To enter into contracts and
agreements with other governmental entities and with private persons, firms, and
corporations;
(g) Emergencies. To establish
procedures for determining and proclaiming that an emergency situation exists
inside 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;
(h) Environmental Protection. To protect and
preserve the natural resources, environment, and vital areas of the state
through the preservation and improvement of the air quality, the restoration and
maintenance of water resources, the control of erosion and sedimentation, the
management of solid and hazardous waste, and other necessary actions for the
protection of the environment;
(i) Fire Regulations.
To fix and establish fire limits and from time to time to extend, enlarge, or
restrict the same; to prescribe fire safety regulations not inconsistent with
general law, relating to both fire prevention and detection and to fire
fighting; and to prescribe penalties and punishment for violations
thereof;
(j) Garbage Fees. To levy, fix, assess, and
collect a garbage, refuse and trash collection and disposal, and other sanitary
service charge, tax, or fee for such services as may be necessary in the
operation of the city from all individuals, firms, and corporations residing in
or doing business therein benefiting from such services; to enforce the payment
of such charges, taxes, or fees; and to provide for the manner and method of
collecting such service charges;
(k) General Health
and Welfare. To define, regulate, and prohibit any act, practice, conduct, or
use of property which is detrimental to health, sanitation, cleanliness,
welfare, and safety of the inhabitants of the city and to provide for the
enforcement of such standards;
(l) Gifts. To accept or
refuse gifts, donations, bequests, or grants from any source for any purpose
related to powers and duties of the city and the general welfare of its
citizens, on such terms and conditions as the donor or grantor may
impose;
(m) Health and Sanitation. To prescribe
standards of health and sanitation and to provide for the enforcement of such
standards;
(n) Jail Sentences. To provide that
persons given jail sentences in the city´s court may work out such
sentences in any public works or on the streets, roads, drains, and 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;
(o)
Motor Vehicles. To regulate the operation of motor vehicles and exercise
control over all traffic, including parking upon or across the streets, roads,
alleys, and walkways of the city;
(p) Municipal
Agencies and Delegation of Power. To create, alter, or abolish departments,
boards, offices, commissions, and agencies of the city and to confer upon such
agencies the necessary and appropriate authority for carrying out all the powers
conferred upon or delegated to the same;
(q) Municipal
Debts. To appropriate and borrow money for the payment of debts of the city and
to issue bonds for the purpose of raising revenue to carry out any project,
program, or venture authorized by this charter or the laws of the State of
Georgia;
(r) Municipal Property Ownership. To
acquire, dispose of, 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;
(s) Municipal Property
Protection. To provide for the preservation and protection of property and
equipment of the city and the administration and the use of same by the public;
and to prescribe penalties and punishment for violations
thereof;
(t) Municipal Utilities. To acquire, lease,
construct, operate, maintain, sell, and dispose of public utilities, including
but not limited to a system of waterworks, sewers and drains, sewage disposal,
gas works, electric light plants, cable television and other telecommunications,
transportation facilities, public airports, and other public utilities; and to
fix the taxes, charges, rates, fares, fees, assessments, regulations, and
penalties and to provide for the withdrawal of service for refusal or failure to
pay the same;
(u) Nuisance. To define a nuisance and
provide for its abatement whether on public or private
property;
(v) Penalties. To provide penalties for
violation of any ordinances adopted pursuant to the authority of this charter
and the laws of the State of Georgia;
(w)
Planning and Zoning. To provide comprehensive city planning for development by
zoning; and to provide subdivision regulation and the like as the city council
deems necessary and reasonable to ensure a safe, healthy, and esthetically
pleasing community;
(x) 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;
(y) Public Hazards: Removal. To provide for
the destruction and removal of any building or other structure which is or may
become dangerous or detrimental to the public;
(z)
Public Improvements. To provide for the acquisition, construction, building,
operation, and maintenance of public ways, parks and playgrounds, recreational
facilities, cemeteries, markets and market houses, public buildings, libraries,
public housing, airports, hospitals, terminals, docks, parking facilities, or
charitable, cultural, educational, recreational, conservation, sport, curative,
corrective, detentional, penal and medical institutions, agencies, and
facilities and to provide any other public improvements, inside or outside the
corporate limits of the city; to regulate the use of public improvements; and
for such purposes, property may be acquired by condemnation under Title 22 of
the O.C.G.A., or such other applicable laws as are or may hereafter be
enacted;
(aa) Public Peace. To provide for the
prevention and punishment of drunkenness, riots, and public disturbances;
(bb) Public Transportation. To organize and operate
such public transportation systems as are deemed
beneficial;
(cc) Public Utilities and Services. To
grant franchises or make contracts for or impose taxes on public utilities and
public services companies; and to prescribe the rates, fares, regulations, and
standards and conditions of service applicable to the service to be provided by
the franchise grantee or contractor, insofar as not in conflict with regulations
of the Public Service Commission;
(dd) Regulation of
Roadside Areas. To prohibit or regulate and control the erection, removal, and
maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and
all other structures or obstructions upon or adjacent to the rights of way of
streets and roads or within view thereof, within or abutting the corporate
limits of the city; and to prescribe penalties and punishment for violation of
such ordinances;
(ee) Retirement. To provide and
maintain a retirement plan for officers and employees of the
city;
(ff) Roadways. To lay out, open, extend, widen,
narrow, establish or change the grade of, abandon or close, construct, pave,
curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair,
clean, prevent erosion of, and light the roads, alleys, and walkways within the
corporate limits of the city; and to grant franchises and rights of way
throughout the streets and roads and over the bridges and viaducts for the use
of public utilities; and to require real estate owners to repair and maintain in
a safe condition the sidewalks adjoining their lots or lands and to impose
penalties for failure to do so;
(gg) Sewer Fees. To
levy a fee, charge, or sewer tax as necessary to assure the acquiring,
constructing, equipping, operating, maintaining, and extending of a sewage
disposal plant and sewerage system and to levy on real estate owners to whom
sewers and sewerage systems are made available a sewer service fee, charge, or
sewer tax for the availability or use of the sewers; to provide for the manner
and method of collecting such service charges and for enforcing payment of the
same; and to charge, impose, and collect a sewer connection fee or fees to those
connected with the system;
(hh) Solid Waste Disposal.
To provide for the collection and disposal of garbage, rubbish, and refuse and
to regulate the collection and disposal of garbage, rubbish, and refuse by
others; and to provide for the separate collection of glass, tin, aluminum,
cardboard, paper, and other recyclable materials and to provide for the sale of
such items;
(ii) Special Areas of Public Regulation.
To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or
transportation of intoxicating liquors and the use of firearms; to regulate the
transportation, storage, and use of combustible, explosive, and inflammable
materials the use of lighting and heating equipment, and any other business or
situation which may be dangerous to persons or property; to regulate and control
the conduct of peddlers and itinerant traders, theatrical performances,
exhibitions, and shows of any kind, by taxation or otherwise; and to license,
tax, regulate, or prohibit professional fortunetelling, palmistry, adult
bookstores, and massage parlors;
(jj) Special
Assessments. To levy and provide for the collection of special assessments to
cover the costs for any public improvements;
(kk)
Taxes: Ad Valorem. To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation;
(ll) Taxes: Other. To levy and collect
such other taxes as may be allowed now or in the future by
law;
(mm) Taxicabs. To regulate and license vehicles
operated for hire in the city; to limit the number of such vehicles; to require
the operators thereof to be licensed; to require public liability insurance on
such vehicles in the amounts to be prescribed by ordinance; and to regulate the
parking of such vehicles;
(nn) Urban Redevelopment. To
organize and operate an urban redevelopment program;
and
(oo) Other Powers. To exercise and enjoy all other
powers, functions, rights, privileges, and immunities necessary or desirable to
promote or protect the safety, health, peace, security, good order, comfort,
convenience, or general welfare of the city and its inhabitants; and to exercise
all implied powers necessary or desirable to carry into execution all powers
granted in this charter as fully and completely as if such powers were fully
stated herein; and to exercise all powers now or in the future authorized to be
exercised by other municipal governments under other laws of the State of
Georgia; and no listing of particular powers in this charter shall be held to be
exclusive of others, nor restrictive of general words and phrases granting
powers, but shall be held to be in addition to such powers unless expressly
prohibited to municipalities under the Constitution or applicable laws of the
State of Georgia.
SECTION
1.14.
Exercise of powers.
All powers, functions, rights, privileges, and
immunities of the city, its officers, agencies, or employees shall be carried
into execution as provided in this charter. If this charter makes no
provisions, such shall be carried into execution as provided by ordinance or as
provided by pertinent laws of the State of Georgia.
ARTICLE
2
GOVERNMENTAL 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 shall in all respects be a successor to and continuation of
the governing authority under prior law. The mayor and councilmembers shall be
elected in the manner provided by general law and this
charter.
SECTION
2.11.
Mayor or city council terms and
qualifications for office.
The mayor and members of the city council shall serve
for terms of four years and until their respective successors are elected and
qualified. No person shall be eligible to serve as mayor or councilmember unless
that person shall have been a resident of the city for 12 months prior to the
date of election of mayor or members of the council; each shall continue to
reside therein during that 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.
(a) Vacancies — The office of mayor or
councilmember shall become vacant upon the occurrence of any event specified by
the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such
other applicable laws as are or may hereafter be
enacted.
(b) Filling of Vacancies —A vacancy in
the office of mayor or councilmember shall be filled for the remainder of the
unexpired term, if any, by appointment by the council if less than 12 months
remains 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 other such laws as 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.
Holding other office; voting when financially
interested.
(a) Elected and appointed officers of the city are
trustees and servants of the residents of the city and shall act in a fiduciary
capacity for the benefit of such residents.
(b) Except
as authorized by law, the mayor or any councilmember shall not hold any other
city office or city employment during the term for which that person was
elected.
(c) Neither the mayor nor any member of the
city council shall vote upon, sign, or veto any ordinance, resolution, contract,
or other matter in which that person is financially
interested.
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 the conduct of any department, office, or agency thereof, and for this
purpose may subpoena witnesses, administer oaths, take testimony, and require
the production of evidence. Any person who fails or refuses to obey a lawful
order issued in the exercise of these powers by the city council shall be
punished as provided by ordinance.
SECTION
2.16.
General power and authority of the city
council.
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 cable systems, facilities, and any
other public improvements inside or outside the city, and to regulate the use
thereof, and for such purposes, property may be condemned under procedures
established under general law applicable now or as provided in the
future.
SECTION
2.18.
Organizational meetings.
The city council shall hold an organizational meeting on
July 3, 2001. The meeting shall be called to order by the city clerk and the
oath of office shall be administered to any 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 four members of the city council. Notice of
such special meetings shall be served on all other members personally, or by
telephone personally, at least 48 hours in advance of the meeting. Such notice
to councilmembers shall not be required if the mayor and all councilmembers are
present when the special meeting is called. Such notice of any special meeting
may be waived by a councilmember in writing before or after such a meeting, and
attendance at the meeting shall also constitute a waiver of notice on any
business transacted in such councilmember´s presence. Only the business
stated in the call may be transacted at the special
meeting.
(c) All meetings of the city council shall be
public to the extent required by law and notice to the public of special
meetings shall be made fully as is reasonably possible as provided by Code
Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may
hereafter be enacted.
SECTION
2.20.
Rules of procedure.
(a) The city council shall adopt its rules of procedure
and order of business consistent with the provisions of this charter and shall
provide for keeping a journal of its proceedings, which shall be a public
record.
(b) All committees and committee chairs and
officers of the city council shall be appointed by the mayor and shall serve at
the pleasure of the mayor. The mayor shall have the power to appoint new members
to any committee at any time.
SECTION
2.21.
Quorum: voting.
The mayor or mayor pro tem. and city clerk and 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, 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. An abstention shall be counted as an
affirmative vote.
SECTION
2.22.
Ordinance form; procedures.
(a) Every proposed ordinance should be introduced in
writing. 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 Higgston" 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; except for emergency
ordinances provided in Section 2.24. Upon introduction of any ordinance, the
clerk shall within five working days 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
four 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 four councilmembers shall be
required for adoption. It shall become effective upon adoption or at such later
time as it may specify. Every emergency ordinance shall automatically stand
repealed 30 days following the date upon which it was adopted, but this shall
not prevent reenactment of the ordinance in the manner specified in this section
if the emergency still exists. An emergency ordinance may also be repealed by
adoption of a repealing ordinance in the same manner specified in this section
for adoption of emergency ordinances.
(b) Such
meetings shall be open to the public to the extent required by law and notice to
the public of emergency meetings shall be made as fully as 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 thereof in an adopting ordinance. The
procedure and requirements governing such adopting ordinance shall be as
prescribed for ordinances generally except that: (1) the requirements of
Section 2.22(b) for distribution and filing of copies of the ordinance shall be
construed to include copies of any code of technical regulations, as well as the
adopting ordinance; and (2) a copy of each adopted code of technical
regulations, as well as the adopting ordinance, shall be authenticated and
recorded by the clerk pursuant to Section 2.26.
(b)
Copies of any adopted code of technical regulations shall be made available by
the clerk for inspection by the public.
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 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 Higgston." 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
printed for incorporation therein. The city council shall make such further
arrangements as deemed desirable with reproduction and distribution of any
current changes in or additions to codes of technical regulations and other
rules and regulations included in the code.
SECTION
2.27.
Election of mayor; forfeiture;
compensation.
The mayor shall be elected and serve for a term of four
years and until a successor is elected and qualified. The mayor shall be a
qualified elector of this city and shall have been a resident of the city for 12
months preceding the election. The mayor shall continue to reside in this city
during the period of service. The mayor shall forfeit the office on the same
grounds and under the same procedure as for councilmembers. The compensation of
the mayor shall be established in the same manner as for
councilmember.
SECTION
2.28.
Chief executive officer.
The mayor shall be the chief
executive 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 the executive and administrative powers contained in this
charter.
SECTION
2.29.
Powers and duties of mayor.
As the chief executive of this city, the mayor
shall:
(a) See that all laws and ordinances of the
city are faithfully executed;
(b) Appoint and remove
all officers, department heads, and employees of the city, except as otherwise
provided in this charter;
(c) Exercise supervision
over all executive and administrative work of the city and provide for the
coordination of administrative activities;
(d) Prepare
and submit to the city council a recommended operating budget and capital
budget;
(e) Submit to the city council at least once a
year a statement covering the financial conditions of the city and, from time to
time, such other information as the city council may request;
(f) Recommend to the city council such measures
relative to the affairs of the city, improvement of the government, and
promotion of the welfare of its inhabitants as the mayor may deem
expedient;
(g) Call special meetings of the city
council as provided for in Section 2.19(b);
(h)
Approve or disapprove ordinances as provided in Section
2.30;
(i) Provide for an annual audit of all accounts
of the city;
(j) Require any department or agency of
the city to submit written reports whenever the mayor deems it expedient; and
(k) Perform such other duties as may be required by
law, this charter, or by ordinance.
SECTION 2.30.
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, within ten calendar days of receipt of an ordinance, shall return it
to the 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 clerk; if the ordinance is neither
approved nor disapproved, it shall become a 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 clerk a written statement of
reasons for the veto. The 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 mayor may disapprove or reduce any item
or items of appropriation in any ordinance. The approved part or parts of any
ordinance making appropriations shall become law, and the part or parts
disapproved shall not become law unless subsequently passed by the city council
over the mayor´s veto as provided herein. The reduced part or parts shall
be presented to city council as though disapproved and shall not become law
unless overridden by the council as provided in subsection (c)
above.
SECTION
2.31.
Mayor pro tem.; selection;
duties.
By a majority vote, the city council shall elect a
councilmember to serve as mayor pro tem. each year. The mayor pro tem shall
preside at all meetings of the city council and shall assume the duties and
powers of the mayor upon mayor’s physical or mental disability or absence.
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 tem. 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, 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 this
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 mayor, be responsible for
the administration and direction of the affairs and operations of that
director’s department or agency.
(e) All
appointed officers and directors under the supervision of the mayor shall be
nominated by the mayor with confirmation of appointment by the city council. All
appointed officers and directors shall be employees at will and subject to
removal or suspension at any time by the mayor unless otherwise provided by law
or ordinance.
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, and authorities of the city shall be appointed by the city council
for such terms of office in such a manner as shall be provided by ordinance,
except where other appointing authority, terms of office, or manner of
appointment is prescribed by this charter or by
law.
(c) The city council, by ordinance, may provide
for the compensation and reimbursement for actual and necessary expenses of the
members of any board, commission, or authority.
(d)
Except as otherwise provided by charter or by law, no member of any board,
commission, or authority shall hold any elective office in the city, with the
exception of the Planning and Zoning Committee.
(e)
Any vacancy on a board, commission, or authority shall be filled for the
unexpired term in the manner prescribed herein for original appointment, except
as otherwise provided by this charter or by law.
(f)
No member of a board, commission, or authority shall assume office until that
person has executed and filed with the clerk of the city an oath obligating
himself or herself to faithfully and impartially perform the duties of that
member´s office, such oath to be prescribed by ordinance and administered
by the mayor.
(g) All board members serve at will and
may be removed at any time by a vote of four 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 chair and one member as vice chair and
may elect as its secretary one of its own members or may appoint as secretary an
employee of the city. Each board, commission, or authority of the city
government may establish such bylaws, rules, and regulations, not inconsistent
with this charter, ordinances of the city, or law, as it deems appropriate and
necessary for the fulfillment of its duties or the conduct of its affairs.
Copies of such bylaws, rules, and regulations shall be filed with the clerk of
the city.
SECTION
3.12.
City attorney.
The city council shall appoint each year a city
attorney, together with such assistant city attorneys as may be authorized, and
shall provide for the payment of such attorney or attorneys for services
rendered to the city. The city attorney shall be responsible for providing for
the representation and defense of the city in all litigation in which the city
is a party; may be the prosecuting officer in the municipal court; shall attend
the meetings of the council as directed; shall advise the city council, mayor,
and other officers and employees of the city concerning legal aspects of the
city’s affairs; and shall perform such other duties as may be required by
virtue of the person’s position as city attorney.
SECTION
3.13.
City clerk.
The city council shall appoint each year a city clerk
who shall not be a councilmember. The city clerk shall be custodian of the
official city seal and city records; maintain city council records required by
this charter; and perform such other duties as may be required by the city
council.
SECTION
3.14.
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
3.15.
Personnel policies.
All employees serve at will and may be removed from
office at any time unless otherwise provided by ordinance.
ARTICLE IV
JUDICIAL
BRANCH
SECTION
4.10.
Creation; name.
The city may establish a court to be known as the
Municipal Court of the City of Higgston.
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.
(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, shall be a member of the State
Bar of Georgia, and shall possess all qualifications required by law. All judges
shall be appointed by the city council and shall serve until a successor is
appointed and qualified.
(c) Compensation of the
judges shall be fixed by ordinance.
(d) Judges serve
at will and may be removed from office at any time by the city council unless
otherwise provided by ordinance.
(e) Before assuming
office, each judge shall take an oath, given by the mayor, that the judge will
honestly and faithfully discharge the duties of the office to the best of that
person´s ability and without fear, favor, or partiality. The oath shall be
entered upon the minutes of the city council journal required in Section
2.20.
SECTION
4.12.
Convening.
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 $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 no more than 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 that
person´s appearance and shall fail to appear at the time fixed for trial,
the bond shall be forfeited by the judge presiding at such time, and an
execution issued thereon by serving the defendant and the defendant´s
sureties with a rule nisi, at least two days before a hearing on the rule nisi.
In the event that cash or property is accepted in lieu of bond for security for
the appearance of a defendant at trial, and if such defendant fails to appear at
the time and place fixed for trial, the cash so deposited shall be on order of
the judge declared forfeited to the city, or the property so deposited shall
have a lien against it for the value forfeited which lien shall be enforceable
in the same manner and to the same extent as a lien for city property
taxes.
(f) The municipal court shall have the same
authority as superior courts to compel the production of evidence in the
possession of any party; to enforce obedience to its orders, judgments, and
sentences; and to administer such oaths as are
necessary.
(g) The municipal court may compel the
presence of all parties necessary to a proper disposal of each case by the
issuance of summonses, subpoenas, and warrants which may be served as executed
by an 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 a 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 Montgomery 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.
In odd years, on the Tuesday next following the first
Monday in November, there shall be an election for the mayor and the city
council. The terms of office shall begin on January 1 following the November
election.
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.
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 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 in this charter, the city
council shall, by ordinance, prescribe such rules and regulation it deems
appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code."
SECTION
5.16.
Removal of officers.
(a) The mayor, councilmembers, or other appointed
officers provided for in this charter shall be removed from office for any one
or more of the causes provided in Title 45 of the O.C.G.A., or such other
applicable laws as are or may hereafter be enacted.
(b)
Removal of an officer pursuant to subsection (a) of this section shall be
accomplished by one of the following methods:
(1)
Following a hearing at which an impartial panel, selected by the mayor and the
council, shall render a decision. In the event an elected officer is sought to
be removed by the action of the city council, such officer shall be entitled to
a written notice specifying the ground or grounds for removal and to a public
hearing which shall be held not less than ten days after the service of such
written notice. The city council shall provide by ordinance for the manner in
which such hearings shall be held. Any elected officer sought to be removed from
office as herein provided shall have the right of appeal from the decision of
the city council to the Superior Court of Montgomery County. Such appeal shall
be governed by the same rules as govern appeals to the superior court from the
probate court; and
(2) By an order of the Superior
Court of Montgomery County following a hearing on a complaint seeking such
removal brought by any resident of the City of
Higgston.
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 repayments of principal
and interest on general obligations, and for any other public purpose as
determined by the city council at 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 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, or professions for the purpose of
such taxation in any way which may be lawful and may compel the payment of such
taxes as provided in Section 6.18.
SECTION
6.13.
Regulatory fees; permits.
The city council by ordinance shall have the power to
require businesses or practitioners doing business within this city to obtain a
permit for such activity from the city and pay a reasonable regulatory fee for
such permit as provided in general law. Such fees shall reflect the total cost
to the city of regulating the activity and, if unpaid, shall be collected as
provided in Section 6.18.
SECTION
6.14.
Franchises.
(a) The city council shall have the power to grant
franchises for the use of this city’s streets and alleys for the purposes
of railroads, street railways, telephone companies, electric companies, electric
membership corporations, cable television and other telecommunications
companies, gas companies, transportation companies and other similar
organizations. The city council shall determine the duration, terms, whether the
same shall be exclusive or nonexclusive, and the consideration for such
franchises; provided, however, no franchise shall be granted for a period in
excess of 35 years and no franchise shall be granted unless the city receives
just and adequate compensation therefor. The city council shall provide for the
registration of all franchises with the city clerk in a registration book kept
by the 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 inside 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.
SECTION
6.16.
Special assessments.
The city council by ordinance shall have the power to
assess and collect the cost of constructing, reconstructing, widening, or
improving any public way, street, sidewalk, curbing, gutters, sewers, or other
utility mains and appurtenances from the abutting property owners under such
terms and conditions as are reasonable. If unpaid, such charges shall be
collected as provided in Section 6.18.
SECTION
6.17.
Construction; other taxes and
fees.
This city shall be empowered to levy any other tax or
fee allowed now or hereafter by law, and the specific mention of any right,
power, or authority in this article shall not be construed as limiting in any
way the general powers of this city to govern its local
affairs.
SECTION
6.18.
Collection of delinquent taxes and
fees.
The city council, by ordinance, may provide generally
for the collection of delinquent taxes, fees, or other revenue due the city
under Sections 6.10 through 6.17 by whatever reasonable means as are not
precluded by law. This shall include providing for the dates when the taxes or
fees are due; late penalties or interest; issuance and execution of
fi.fa.´s; creation and priority of liens; making delinquent taxes and fees
personal debts of the persons required to pay the taxes or fees imposed;
revoking city permits for failure to pay any city taxes or fees; and providing
for the assignment or transfer of tax executions.
SECTION
6.19.
General obligation bonds.
The city council shall have the power to issue bonds for
the purpose of raising revenue to carry out any project, program, or venture
authorized under this charter or the laws of the state. Such bonding authority
shall be exercised in accordance with the laws governing bond issuance by
municipalities in effect at the time said issue is
undertaken.
SECTION 6.20.
Revenue bonds.
Revenue bonds
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 acquisitions 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 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 plan, and a capital budget, including
requirements as to the scope, content, and form of such budgets and
plans.
SECTION
6.25.
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 hereinafter provided for, the budget
message, and all supporting documents shall be filed in the office of the city
clerk and shall be open to public inspection.
SECTION 6.26.
Action by city council on budget.
(a) The city council may amend the operating budget
proposed by the mayor, except that the budget as finally amended and adopted
must provide for all expenditures required by state law or by other provisions
of this charter and for all debt service requirements for the ensuing fiscal
year, and the total appropriations from any fund shall not exceed the estimated
fund balance, reserves, and revenues.
(b) The city
council by ordinance shall adopt the final operating budget for the ensuing
fiscal year not later than the last day of the fiscal year of each year. If the
city council fails to adopt the budget by this date, the amounts appropriated
for operation for the current fiscal year shall be deemed adopted for the
ensuing year on a month-to-month basis, with all items prorated accordingly
until such time as the city council adopts a budget for the ensuing fiscal year.
Adoption of the budget shall take the form of an appropriations ordinance
setting out the estimated revenues in detail by sources and making
appropriations according to fund and by organizational unit, purpose, or
activity as set out in the budget preparation ordinance adopted pursuant to
Section 6.24.
(c) The amount set out in the adopted
operating budget for each organizational unit shall constitute the annual
appropriation for such, and no expenditures 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 budget.
(a) On or before the date fixed by the city council but
no later than 60 days prior to the beginning of each fiscal year, the mayor
shall submit to the city council a proposed capital improvements plan with a
recommended capital budget containing the means of financing the improvements
proposed for the ensuing fiscal year. The city council shall have power to
accept, with or without amendments, or reject the proposed plan and proposed
budget. The city council shall not authorize an expenditure for the construction
of any building, structure, work, or improvement unless the appropriations for
such project are included in the capital budget, except to meet a public
emergency as provided in Section 2.24.
(b) The city
council shall adopt by ordinance the final capital budget for the ensuing fiscal
year not later than the last day of the fiscal year of each year. No
appropriation provided for in a prior capital budget shall lapse until the
purpose for which the appropriation was made shall have been accomplished or
abandoned; provided, however, the mayor may submit amendments to the capital
budget at any time during the fiscal year, accompanied by recommendations. Any
such amendments to the capital budget shall become effective only upon adoption
by ordinance.
SECTION
6.30.
Independent
There shall be an annual independent audit of all the
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
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 it is:
(a) In
writing;
(b) Drawn by or submitted to and reviewed by
the city attorney and, as a matter of course, signed by the city attorney to
indicate such drafting or review;
(c) Made or
authorized by the city council and such approval is entered in the city council
journal of proceedings pursuant to Section 2.21;
and
(d) Signed by the mayor or the mayor pro
tem.
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 and lease of city
property.
(a) The city council may sell and convey, or lease any
real or personal property owned or held by the city for governmental or other
purposes as now or hereafter provided by law.
(b) The
city council may quitclaim any rights it may have in property not needed for
public purposes upon report by the mayor and adoption of a resolution, both
finding that the property is not needed for public or other purposes and that
the interest of the city has no readily ascertainable monetary
value.
(c) Whenever in opening, extending or widening
any street, avenue, alley, or public place of the city, a small parcel or tract
of land is cut off or separated by such work from a larger tract or boundary of
land owned by the city, the city council, may authorize the mayor to sell and
convey said cut-off or separated parcel or tract of land to an abutting or
adjoining property owner or owners where such sale and conveyance facilitates
the enjoyment of the highest and best use of the abutting owner´s property.
Included in the sales contract shall be a provision for the rights of way of
said street, avenue, alley, or public place. Each abutting property owner shall
be notified of the availability of the property and given the opportunity to
purchase said property under such terms and conditions as set out by ordinance.
All deeds and conveyances heretofore and hereafter so executed and delivered
shall convey all title and interest the city has in such property
notwithstanding the fact that no public sale after advertisement was or is
hereafter made.
ARTICLE VII
GENERAL
PROVISIONS
SECTION
7.10.
Bonds for officials.
The officers and employees of the city, both elected and
appointed, shall execute such surety and fidelity bonds in such amounts and upon
such terms and conditions as the city council shall from time to time require by
ordinance or as may be provided by law.
SECTION
7.11.
Existing ordinances, resolutions, rules, and
regulations.
Existing ordinances, resolutions, rules, and regulations
of this city not in conflict with this charter shall continue in force, unless
repealed or amended, for two years from the effective date of this charter.
During such two-year period, the city council shall review all such provisions
and shall readopt, repeal, or amend each, so that a codification as provided by
Section 2.26(b) is accomplished.
SECTION 7.12.
Existing personnel and officers.
Except as specifically provided otherwise by this
charter, all personnel and officers of the city and their rights, privileges,
and powers shall continue beyond the time this charter takes effect for a period
of 90 days before or during which 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 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 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.
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 Town of Higgston in the County
of Montgomery, approved August 17, 1903 (Ga.L.1903, p.531), is hereby repealed
in its entirety and all amendatory Acts thereto are likewise repealed in their
entirety. All other laws and parts of laws in conflict with this charter are
hereby repealed.
SECTION
7.17.Effective
date.
This charter shall become effective on July 1,
2001.
SECTION
7.18
General Repealer
All laws and parts of laws in conflict with this Act are
repealed.