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HBill.html
03 LC 14 8194DC
House Bill
663 By: Representative Massey of the 24th
A BILL TO BE
ENTITLED AN ACT
To provide a new charter for the Town of Braselton; to
provide for incorporation, boundaries, and powers of the town; to provide for a
governing authority of such town and the powers, duties, authority, election,
terms, vacancies, compensation, expenses, qualifications, prohibitions,
conflicts of interest, and suspension and removal from office relative to
members of such governing authority; to provide for inquiries and
investigations; to provide for oaths, organization, meetings, quorum, voting,
rules, and procedures; to provide for ordinances and codes; to provide for a
town manager, mayor, and mayor pro tempore and certain duties, powers, and other
matters relative thereto; to provide for administrative affairs and
responsibilities; to provide for boards, commissions, and authorities; to
provide for a town attorney, a town clerk, and other personnel and matters
relating thereto; to provide for rules and regulations; to provide for a
municipal court and the judge or judges thereof and other matters relative to
those judges; to provide for the
court´s
jurisdiction, powers, practices, and procedures; to provide for the right of
certiorari; to provide for elections; to provide for taxation, licenses, and
fees; to provide for franchises, service charges, and assessments; to provide
for bonded and other indebtedness; to provide for auditing, accounting,
budgeting, and appropriations; to provide for contracts and purchasing; to
provide for the conveyance of property and interests therein; to provide for
bonds for officials; to provide for prior ordinances and rules, pending matters,
and existing personnel; to provide for penalties; to provide for definitions and
construction; to provide for other matters relative to the foregoing; to repeal
a specific Act; to provide for effective dates; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
ARTICLE
I INCORPORATION AND
POWERS SECTION
1.10. Name.
The town and the inhabitants thereof are constituted and
declared a body politic and municipal corporation under the name and style Town
of Braselton, Georgia, and by that name shall have perpetual
succession.
SECTION
1.11. Corporate boundaries.
(a) The boundaries of the town shall be those existing
on the date this charter becomes effective in 2003, with such alterations as may
be made from time to time in the manner provided by law. The boundaries of this
town 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 town clerk
and to be designated, as the case may be: "Official Map of the corporate limits
of the Town of Braselton, Georgia." Photographic, typed, or other copies of
such map or description certified by the town clerk shall be admitted as
evidence in all courts and shall have the same force and effect as with the
original map or description. Any subsequent annexation, deannexation, or
modification in the corporate boundaries as contemplated in subsection (b) of
this section shall be given full force and effect as if fully set forth in the
"Official Map of the corporate limits of the Town of
Braselton." (b) The town 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) The town shall have all powers possible for a town
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. The
town shall have all the powers of self-government not otherwise prohibited by
this charter or by general law. (b) The powers of the
town shall be construed liberally in favor of the town. The specific mention or
failure to mention particular powers shall not be construed as limiting in any
way the powers of the town.
SECTION
1.13. Exercise of powers.
All powers, functions, rights, privileges, and
immunities of the town, 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. Town council creation; number;
election.
The legislative authority of the government of this
town, except as otherwise specifically provided in this charter, shall be vested
in a town council to be composed of a mayor and four councilmembers. The mayor
and councilmembers shall be elected in the manner provided by this
charter.
SECTION
2.11. Town council terms and qualifications for
office.
The members of the town council elected pursuant to this
charter shall serve for terms of four years and until their respective
successors are elected and qualified unless otherwise provided by law. No
person shall be eligible to serve as mayor or councilmember unless he or she
shall have been a resident of the town at least 180 days prior to the date of
qualifying for mayor or councilmember; each shall continue to reside therein
during his or her period of service and to be registered and qualified to vote
in municipal elections of this town.
SECTION
2.12. Council districts, elections, and terms of
office.
(a) Council districts. For the purpose of
electing town councilmembers, the Town of Braselton shall divided into four
voting districts, with one town councilmember elected from each district. The
mayor shall be elected from the town at large. The town shall reapportion such
districts as necessary and in conjunction with the successive census in
compliance with state and federal law. (b)
Boundaries. The boundaries of District 1 shall be as
follows: Beginning at a point where the existing town
limits intersects the centerline of State Highway 53 approximately 2000 feet
north of the interchange of State Highway 53 and Interstate 85 and thence
running southerly along the centerline of State Highway 53 to a point at which
the town limits turn easterly; thence running easterly along the current town
limits to a point at which the current town limits turn northerly; thence
running northerly along the existing town limits to a point at which the
existing town limits turn easterly; thence running easterly along the existing
town limits to a point at which the existing town limits turn southerly; thence
running southerly along the existing town limits to a point at which the
existing town limits turn westerly; thence running westerly along the existing
town limits to a point at which the existing town limits turn southerly; thence
running southerly along the existing town limits to the intersection of Zion
Church Road; thence running westerly along the centerline of Zion Church Road to
its Pinecrest Street to its intersection with Davis Street; thence running
westerly along the centerline of Davis Street to its intersection with State
Highway 53 (Green Street); thence running generally northerly to the interchange
of State Highway 53 (Green Street) with Interstate 85; thence running westerly
along the centerline of Intersection 85 to its intersection with the existing
town limits at Jesse Cronic Road; thence running northwesterly along the
existing town limits to a point at which the existing town limits turn
northerly; thence running northerly to a point at which the existing town limits
turn easterly; thence running easterly along the existing town limits to a point
which the existing town limits turn southerly; thence running southerly along
the existing town limits to a point at which the existing town limits turn
easterly; thence running easterly along the existing town limits to a point at
which the existing town limits turn northerly; thence running northerly along
the existing town limits to a point at which the existing town limits turn
northeasterly; thence running northeasterly along the existing town limits to a
point at which the existing town limits turn easterly; thence running easterly
along the existing town limits to a point at which the existing town limits turn
northeasterly; thence running northeasterly along the existing town limits to
the intersection of the existing town limits with Ednaville Road; thence running
easterly along the centerline of Ednaville Road to a point at which the existing
town limits turn southerly; thence running southerly along the existing town
limits to a point at which the existing town limits turn easterly; thence
running easterly along the existing town limits to a point at which the existing
town limits intersects State Highway 53 at the point of
beginning. The boundaries of District 2 shall be as
follows: Beginning at a point at the intersection of
the centerlines of Davis Street and State Highway 53 (Green Street) and thence
running southerly along the centerline of State Highway 53 (Green Street) to its
intersection with the existing town limits; thence running easterly along the
existing town limits to a point at which the existing town limits turn
northerly; thence running northerly along the existing town limits to the
intersection of the existing town limits with Davis Street, at which point the
existing town limits turn easterly; thence running easterly along the existing
town limits in the centerline of Davis Street to a point at which the existing
town limits turn northerly; thence running northerly along the existing town
limits to a point at which the existing town limits turn easterly; thence
running easterly along the existing town limits to a point at which the existing
town limits turn northeasterly; thence running northeasterly along the existing
town limits to a point at which the existing town limits turn westerly; thence
running westerly along the existing town limits to a point at which the existing
town limits turn southerly; thence running southerly along the exiting town
limits to the intersection of the existing town limits with Zion Church Road;
thence running westerly along the centerline of the Zion Church Road to its
intersection with Pinecrest Street; thence running southerly along the
centerline of Pinecrest Street to its intersection with Davis Street; thence
running westerly along the centerline of Davis Street to its intersection with
State Highway 53 (Green Street) at the point of
beginning. The boundaries of District 3 shall be as
follows: Beginning at a point where the centerline of
State Highway 53 (Green Street) crosses the centerline of Interstate 85 and
thence running southerly along the centerline of State Highway 53 (Green Street)
to its intersection with the existing town limits at Henry Street; running
thence westerly along the existing town limits in the centerline of Henry Street
to a point at which the existing town limits turn southerly; thence running
southerly along the existing town limits to a point at which the existing town
limits turn westerly; thence running westerly along the existing town limits to
a point at which the existing town limits turn southwesterly; thence running in
an arc southwesterly to the intersection of the existing town limits and Josh
Pirkle Road; thence running southwesterly along the centerline of Josh Pirkle
Road to a point at which the existing town limits turn northwesterly and leave
the right of way of Josh Pirkle Road; thence running northwesterly along the
existing town limits to a point at which the existing town limits turn
southwesterly; thence running southwesterly along the existing town limits to
the intersection of the existing town limits and Josh Pirkle Road; thence
running northerly along the centerline of Josh Pirkle road to its intersection
with the southern property line of the property located at the southeast corner
of the intersection of Josh Pirkle Road and SR 124; thence running northeasterly
along the southern boundary of said property to a point at which the property
line turns northerly; thence running northerly along the boundary of said
property to its intersection with State Route 124; thence running easterly along
the centerline of State Highway 124 to its intersection with an unnamed road
shown bisecting tax parcel 2C on the Braselton tax map; thence running
northwesterly along the centerline of such unnamed road to its intersection with
the existing town limits adjacent to the southern right of way of Interstate 85;
thence running easterly along the Interstate 85 right of way to its intersection
with the centerline of State Highway 53 (Green Street) at the point of
beginning. The boundaries of District 4 shall be as
follows: Beginning at a point at the intersection of an
unnamed road bisecting tax parcel 2C on the Braselton tax map and the existing
town limits along the southern right of way of Interstate 85 and thence running
southerly along the centerline of said unnamed road to its intersection with
State Highway 124; thence running westerly along the centerline of State Highway
124 to its intersection with the eastern property line of the property located
at the southeast corner of the intersection of State Route 124 and Josh Pirkle
Road; thence running southerly along the eastern boundary of said property to a
point at with the property line turns southwesterly; thence running
southwesterly along the boundary of said property to the centerline of Josh
Pirkle Road; thence running southerly along the centerline of Josh Pirkle Road
to its intersection with the existing town limits; thence running southwesterly
along the existing town limits to a point at which the existing town limits turn
westerly; thence running westerly along the existing town limits to a point at
which the existing town limits turn northwesterly; thence running northwesterly
along the existing town limits to a point at which the existing town limits turn
southwesterly; thence running southwesterly along the existing town limits to
the intersection of the existing town limits with State Highway 211; thence
running northerly along the existing town limits in the centerline of State
Highway 211 to the intersection os State Highway 211 with State Highway 124;
thence running northeasterly along the existing town limits in the centerline of
State Highway 124 to a point at which the existing town limits turn
northeasterly; thence running northeasterly along the existing town limits to a
point at which the existing town limits turn northerly; thence running northerly
along the existing town limits to a point at which the existing town limits turn
northwesterly; thence running northwesterly along the existing town limits to a
point at which the existing town limits turn westerly; thence running westerly
along the town limits, crossing the right of way of State Highway 211, to a
point at which the existing town limits turn southerly; thence running southerly
along the existing town limits to a point at which the existing town limits turn
southwesterly; thence running southwesterly along the existing town limits to a
point at which the existing town limits turn southerly; thence running southerly
along the existing town limits, crossing the right of way of Interstate 85, to a
point at which the existing town limits turn southeasterly; thence running
southeasterly along the existing town limits to a point at which the existing
town limits turn southerly; thence running southerly along the existing town
limits to a point at which the existing town limits turn southeasterly; thence
running southeasterly along the existing town limits to a point at which the
existing town limits turn easterly; thence running easterly along the existing
town limits to a point at which the existing town limits turn southerly; thence
running southerly along the existing town limits to a point at which the
existing town limits turn westerly; thence running westerly along the existing
town limits to a point at which the existing town limits turn southerly; thence
running southerly; thence running southerly along the existing town limits to a
point at which the existing town limits turn westerly; thence running westerly
and northwesterly along the existing town limits to a point at which the
existing town limits cross Interstate 85 and turn southwesterly adjacent to the
northern right of way of Interstate 85; thence running southwesterly along the
existing town limits adjacent to the northern right of way of Interstate 85 to a
point at which the existing town limits turn northerly; thence running northerly
along the existing town limits to a point at which the existing town limits turn
northeasterly; thence running northeasterly along the existing town limits to a
point at which the existing town limits turn northwesterly; thence running
northwesterly along the existing town limits to a point at which the existing
town limits turn northerly; thence running northerly; thence running northerly
along the existing town limits to a point at which the existing town limits turn
northeasterly; thence running northeasterly along the existing town limits to a
point at which the existing town limits turn northerly; thence running northerly
along the existing town limits to a point at which the existing town limits turn
westerly; thence running westerly along the existing town limits to a point at
which the existing town limits turn southeasterly; thence running southeasterly
along the existing town limits to a point at which the existing town limits turn
southwesterly; thence running southwesterly along the existing town limits to a
point at which the existing town limits turn westerly; thence running westerly
along the existing town limits to a point at which the existing town limits turn
northwesterly; thence running northwesterly along the existing town limits to a
point at which the existing town limits turn southwesterly; thence running
southwesterly along the existing town limits to a point at which the existing
town limits turn westerly adjacent to the northern right of way of Interstate
85; thence running westerly along the existing town limits adjacent to such
right of way to a point at which the existing town limits turn northeasterly;
thence running northeasterly along the existing town limits to a point at which
the existing town limits turn northerly; thence running northerly along the
existing town limits to a point at which the existing town limits turn easterly;
thence running easterly along the existing town limits to a point at which the
existing town limits turn northwesterly; thence running northwesterly along the
existing town limits to a point at which the existing town limits turn westerly;
thence running westerly along the existing town limits to a point at which the
existing town limits turn northeasterly; thence running northeasterly along the
existing town limits to a point at which the existing town limits turn
northerly; thence running northerly along the existing town limits to a point at
which the existing town limits turn northwesterly; thence running northwesterly
along the existing town limits to a point at which the existing town limits turn
southwesterly; thence running southwesterly along the existing town limits to
the intersection of the existing town limits with Spout Springs Road; thence
running north and northwesterly along the existing town limits in the centerline
of Spout Springs Road to the point at which Spout Springs Road crosses Duncan
Creek Road; thence running northeasterly along the existing town limits in the
centerline of Duncan Creek Road to a point at which existing the town limits
turn northerly and leave the right of way of Duncan Creek Road; thence running
northerly along the existing town limits to the intersection of the existing
town limits with Thompson Mill Road; thence running easterly and northeasterly
along the existing town limits in the centerline of Thompson Mill Road to a
point at which the existing town limits turn southeasterly and leave the right
of way of Thompson Mill Road; thence running southeasterly along the existing
town limits to a point at which the existing town limits turn northeasterly;
thence running northeasterly along the existing town limits to a point at which
the existing town limits turn northwesterly; thence running northwesterly along
the existing town limits to a point at which the existing town limits turn
northeasterly; thence running northeasterly along the existing town limits to a
point at which the existing town limits turn southeasterly; thence running
southeasterly along the existing town limits to a point at which the existing
town limits turn northerly; thence running northerly along the existing town
limits to the intersection of the existing town limits with Thompson Mill Road;
thence running easterly along the existing town limits in the centerline of
Thompson Mill Road to a point at which the existing town limits turn southerly
and leave Thompson Mill Road right of way; thence running southerly along the
existing town limits to a point at which the existing town limits turn easterly;
thence running easterly along the existing town limits to a point at which the
existing town limits turn southeasterly; thence running southeasterly along the
existing town limits to a point at which the existing town limits turn
northerly; thence running northerly along the existing town limits to the
intersection of the existing town limits with Thompson Mill Road, at which point
the existing town limits turn easterly; thence running easterly along the
existing town limits in the centerline of Thompson Mill Road to a point at which
the existing town limits turn southeasterly and leave the Thompson Mill Road
right of way; thence running southeasterly along the existing town limits to a
point at which the existing town limits turn easterly; thence running easterly
along the existing town limits to a point at which the existing town limits turn
northwesterly; thence running northwesterly along the existing town limits to
the intersection of the existing town limits and Thompson Mill Road, at which
point the existing town limits turn easterly; thence running easterly along the
existing town limits in the centerline of Thompson Mill Road to a point at which
the existing town limits turn southeasterly and leave the Thompson Mill Road
right of way; thence running southeasterly along the existing town limits to a
point at which the existing town limits turn northeasterly; thence running
northeasterly along the existing town limits to a point at which the existing
town limits turn northwesterly; thence running northwesterly along the existing
town limits to the intersection of the existing town limits with Thompson Mill
Road; thence running northeasterly along the existing town limits in the
centerline of Thompson Mill Road to its intersection with State Highway 211;
thence running northerly along the centerline of State Highway 211 to its
intersection with the Mulberry River, at which point the existing town limits
turn easterly; thence running easterly along the existing town limits in the
centerline of the Mulberry River until the existing town limits turn
southwesterly and leave the river; thence running southwesterly along the
existing town limits to the intersection of the existing town limits with State
Highway 211; thence running southeasterly along the existing town limits in the
centerline of State Highway 211 to its intersection with Liberty Church Road;
thence running easterly along the existing town limits in the centerline of
Liberty Church Road to its crossing of the Mulberry River; at which point the
existing town limits turn south and run concurrently with the center of the
Mulberry River; thence running in the direction of flow of the Mulberry River
along the existing town limits running concurrently with the Mulberry River to a
point at which the existing town limits leave the Mulberry River and turn
northeasterly; thence running northeasterly along the existing town limits to a
point at which the existing town limits turn easterly; thence running easterly
along the existing town limits to a point at which the existing town limits turn
northerly; thence running northerly along the existing town limits to their
intersection with Liberty Church Road at which point the existing town limits
run easterly; thence running easterly along the existing town limits in the
centerline of Liberty Church Road to a point at which the existing town limits
turn southerly; thence running southerly along the existing town limits to a
point at which the existing town limits turn westerly; thence running westerly
along the existing town limits to a point at which the existing town limits turn
southerly; thence running southerly along the existing town limits to a point at
which the existing town limits turn southwesterly; thence running southwesterly
along the existing town limits to a point at which the existing town limits
intersects with the Mulberry River near the point of confluence of the Mulberry
River and Duncan Creek; thence crossing the Mulberry River and running along the
existing town limits coincident with the northern bank of Duncan Creek to a
point at which the existing town limits turn southwesterly and away from Duncan
Creek; thence running southwesterly along the existing town limits to their
intersection with State Highway 211, at which point the existing town limits
turn northerly; thence northerly along the existing town limits in the
centerline of State Highway 211 to a point at which the existing town limits
turn southwesterly along the existing town limits to a point at which the
existing town limits turn westerly; thence running westerly along the existing
town limits to a point at which the existing town limits turn northwesterly;
thence running northwesterly along the existing town limits to a point at which
the existing town limits turn southeasterly; thence running southeasterly along
the existing town limits to a point at which the existing town limits turn
southerly; thence running southerly along the existing town limits to a point at
which the existing town limits turn easterly; thence running easterly, crossing
the right of way of State Highway 211, to a point at which the existing town
limits turn northeasterly; thence running northeasterly along the existing town
limits to a point at which the existing town limits turn southeasterly; thence
running southeasterly along the existing town limits to a point at which the
existing town limits turn northeasterly; thence running northeasterly along the
existing town limits to a point at which the existing town limits turn
southeasterly; thence running southeasterly along the existing town limits to a
point at which the existing town limits turn northeasterly; thence running
northeasterly along the existing town limits to a point at which the existing
town limits turn easterly; thence running easterly along the existing town
limits to their intersection with the Mulberry River at which the existing town
limits turn southerly in the direction of the flow of the Mulberry River; thence
southerly along the existing town limits in the center of the Mulberry River to
a point at which the existing town limits leave the center of the Mulberry River
and turn southwesterly; thence running southwesterly along the existing town
limits to a point at which the existing town limits turn southerly; thence
running southerly along the existing town limits to the intersection of the
existing town limits with the southern right of way of Interstate 85; thence
running northeasterly along the existing town limits adjacent to the southern
right of way of Interstate 85 to the point of
beginning. (c) Elections. The election
of the mayor and town councilmembers shall be decided by majority of votes cast.
In the event no candidate receives a majority of the votes cast for a particular
office, a run-off election shall be held as provided by law between the two
candidates receiving the highest number of votes for such office. The candidate
receiving a majority of the votes cast in such run-off election shall be
declared the winner. Only a resident of a particular council district may
qualify for election from such district and shall be elected by a majority of
the voters voting only in such district, and each town councilmember shall
continue to reside in the district from which he or she was elected during his
or her term of office. The mayor shall be a resident of the Town of Braselton.
Any town councilmember who moves his or her residence from the district from
which he or she was elected shall be deemed to have vacated his or her office.
There shall be no primary elections for mayor and town councilmembers in the
Town of Braselton and elections for mayor and town councilmembers shall be
nonpartisan. (d) Terms of office. All town
councilmembers and the mayor elected pursuant to this charter shall serve a term
of office of four years and until their respective successors are elected and
qualified.
SECTION
2.13. Vacancy; filling of
vacancies.
(a) The office of mayor or councilmember shall become
vacant upon the
incumbent´s
death, resignation, forfeiture of office, or removal from office in any manner
authorized by this charter or the general laws of the State of
Georgia. (b) A vacancy in the office of mayor or
councilmember shall be filled for the remainder of the unexpired term, if any,
as provided for in Section 5.12 of this charter.
SECTION
2.14. Compensation and expenses.
The mayor and each councilmember shall continue to
receive the compensation which was in effect for said officials on the effective
date of this charter. Changes in such compensation shall be accomplished
pursuant to the provisions of Code Section 36-35-4 of the
O.C.G.A.
SECTION
2.15. Conflicts of interest; holding other
offices.
(a) Conflict of interest. No elected official,
appointed officer, or employee of the town or any agency or political entity to
which this charter applies shall knowingly: (1) Engage
in any business or transaction or have a financial or other personal interest,
direct or indirect, which is incompatible with the proper discharge of his or
her official duties or which would tend to impair the independence of his or her
judgment or action in the performance of his or her official
duties; (2) Engage in or accept private employment or
render services for private interests when such employment or service is
incompatible with the proper discharge of his or her official duties or would
tend to impair the independence of his or her judgment or action in the
performance of his or her official duties; (3)
Disclose confidential information concerning the property, government, or
affairs of the governmental body by which he or she is engaged without proper
legal authorization or use such information to advance the financial or other
private interest of himself or herself or others; (4)
Accept any valuable gift, whether in the form of service, loan, object, or
promise, from any person, firm, or corporation which to his or her knowledge is
interested, directly or indirectly, in any manner whatsoever in business
dealings with the governmental body by which he or she is engaged; provided,
however, that an elected official who is a candidate for public office may
accept campaign contributions and services in connection with any such
campaign; (5) Represent other private interests in any
action or proceeding against this town or any portion of its government;
or (6) Vote or otherwise participate in the
negotiation or in the making of any contract with any business or entity in
which he or she has a financial interest. (b)
Disclosure. Any elected official, appointed officer, or employee who
shall have any private financial interest, directly or indirectly, in any
contract or matter pending before or within any department of the town shall
disclose such private interest to the town council. The mayor or any
councilmember who has a private interest in any matter pending before the town
council shall disclose such private interest and such disclosure shall be
entered on the records of the town council, and he or she shall disqualify
himself or herself from participating in any decision or vote relating thereto.
Any elected official, appointed officer, or employee of any agency or political
entity to which this charter applies who shall have any private financial
interest, directly or indirectly, in any contract or matter pending before or
within such entity shall disclose such private interest to the governing body of
such agency or entity. (c) Use of public
property. No elected official, appointed officer, or employee of the town
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 town council or the governing
body of such agency or entity. (d) Contracts
voidable or rescindable. Any violation of this section which occurs with
the knowledge, express or implied, of a party to a contract or sale shall render
said contract or sale voidable at the option of the town
council. (e) 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 town or
otherwise be employed by said government or any agency hereof during the term
for which he or she was elected. No former mayor and no former councilmember
shall hold any compensated appointive office in the town until one year after
the expiration of the term for which he or she was
elected. (f) Political activities of certain
officers and employees. No appointive officer and no employee of the town
shall continue in such employment upon qualifying as a candidate for nomination
or election to any public office. (g) Penalties for
violations. (1) Any town 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 town who
shall forfeit his or her 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 town government for a period of three years
thereafter.
SECTION
2.16. Inquiries and
investigations.
The town council may make inquiries and investigations into
the affairs of the town 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
town council shall be punished as provided by ordinance.
SECTION
2.17. General power and authority of the town
council.
Except as otherwise provided by this charter, the town
council shall be vested with all the powers of government of this town as
provided by Article I of this charter.
SECTION
2.18. Organizational meetings.
The town council shall hold an organizational meeting on
the first business day of January, or as otherwise practical, of each year. The
meeting shall be called to order 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 the Town of Braselton and that I will support and defend the
charter thereof as well as the Constitution and laws of the State of Georgia and
of the United States of America."
SECTION
2.19. Regular and special
meetings.
(a) The town council shall hold regular meetings at
such times and places as prescribed by ordinance. (b)
Special meetings of the town council may be held on call of the mayor or three
members of the town 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 of any business transacted in such
councilmember´s
presence. Only the business stated in the call may be transacted at the special
meeting.
SECTION
2.20. Rules of procedure.
(a) The town council shall adopt its rules of procedure
and order of business consistent with the provisions of this
charter. (b) All committees and committee chairpersons
shall be appointed by the mayor and shall serve at his or her pleasure. The
mayor shall have the power to appoint new members to any committee at any
time.
SECTION
2.21. Quorum; voting.
Three councilmembers or two councilmembers and the mayor
shall constitute a quorum and shall be authorized to transact business of the
town council. Voting on the adoption of ordinances shall be by voice vote and
the vote shall be recorded in the minutes but any member of the town council
shall have the right to request a roll-call vote and such vote shall be recorded
in the minutes. Except as otherwise provided in this charter, the affirmative
vote of three councilmembers or the mayor and two 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
any subject which is not expressed in its title. The enacting clause shall be
"The Mayor and Council of the Town of Braselton hereby ordains ..." and every
ordinance shall so begin. (b) An ordinance may be
introduced by the mayor or any councilmember and be read at a regular or special
meeting of the town council. Ordinances shall be considered and adopted or
rejected by the town council in accordance with the rules which it shall
establish; provided, however, that an ordinance may be adopted the same day it
is introduced. 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 town council may designate.
SECTION
2.23. Action requiring an
ordinance.
Acts of the town council which have the force and effect
of law shall be enacted by ordinance.
SECTION
2.24. Emergencies.
To meet a public emergency affecting life, health,
property, or public peace the town 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 or
the mayor and two 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 also be repealed by adoption of a repealing ordinance in
the same manner specified herein for adoption of emergency
ordinances.
SECTION
2.25. Codes of technical
regulations.
(a) The town 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 distribution or for
purchase at a reasonable price.
SECTION
2.26. Signing; authenticating; recording;
codification; printing.
(a) The clerk shall authenticate by his or her signature
and record in full in a properly indexed book kept for that purpose, all
ordinances adopted by the council. (b) The town
council shall provide for the preparation of a general codification of all the
ordinances of the town having the force and effect of law. The general
codification shall be adopted by the town 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 town council may
specify. This compilation shall be known and cited officially as "The Code of
the Town of Braselton, Georgia." Copies of the code shall be furnished to all
officers, departments, and agencies of the town and made available for purchase
by the public at a reasonable price as fixed by the town
council. (c) The town 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
town council. Following publication of the first code under this charter and at
all times thereafter, the ordinances and charter amendments shall be printed in
substantially the same style as the code currently in effect and shall be
suitable in form for incorporation therein. The town 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 his or her successor is elected and qualified. He or she shall
be a qualified elector of this town and shall have been a resident of the town
for at least 180 days preceding his or her qualification for office. He or she
shall continue to reside in this town during the period of his 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
2.28. Mayor pro tempore.
At the organizational meeting, by a majority vote, the
town council shall elect a councilmember to serve as mayor pro tempore for that
ensuing year. The mayor pro tempore shall assume the duties and powers of the
mayor during the
mayor´s
disability or absence. Any such disability or absence shall be declared by a
majority vote of the town council.
SECTION
2.29. Powers and duties of mayor.
The mayor shall: (1) Preside
at all meetings of the town council; (2) Be at the
head of the town for the purpose of service of process and for ceremonial
purposes and be the official spokesman for the town and the chief advocate of
policy; (3) Have the power to administer oaths and to
take affidavits; (4) Sign as a matter of course on
behalf of the town all written and approved contracts, ordinances, and other
instruments executed by the town which by law are required to be in
writing; (5) Vote on matters before the town council,
make a respective motion, and be counted toward a quorum as any other
councilmember; and (6) Fulfill such other duties as
the town council shall by ordinance establish.
ARTICLE
III ADMINISTRATIVE
AFFAIRS SECTION
3.10. Administrative and service
departments.
(a) Except as otherwise provided in this charter, the
town council by ordinance shall prescribe the functions or duties of and
establish, abolish, or alter all nonelective offices, positions of employment,
departments, and agencies of the town, as necessary for the proper
administration of the affairs and government of this
town. (b) Except as otherwise provided by this charter
or by law, the directors of departments and other appointed officers of the town
shall be appointed solely on the basis of their respective administrative and
professional qualifications. (c) All appointive
officers and directors of departments shall receive such compensation as
prescribed by ordinances or as duly approved by the town
council. (d) There shall be an individual who shall be
the director, supervisor, or department head, or other title as designated, of
each department or agency who shall be its principal officer. This person,
along with the police chief and town clerk, shall be subject to the direction
and supervision of the town manager, and be responsible for the administration
and direction of the affairs and operations of the department or
agency. (e) With the exception of the police chief,
the town manager shall appoint and hire all employees of the town to fill
designated or approved positions. The town manager shall recommend the
appointment and hiring of the police chief but said individual shall be approved
only by a vote of the town council. (f) The town
manager may reprimand, suspend, or remove any employee under his or her
supervision; provided, however, that such employee shall enjoy any right of
appeal to the town council as set forth or defined by the
town´s
personnel policies. If discipline of the police chief leads to a recommendation
of dismissal or suspension, the town manager must seek approval by a vote of
three councilmembers.
SECTION
3.11. Boards, commissions, and
authorities.
(a) The town council shall create by ordinance such
boards, commissions, and authorities to fulfill any investigative,
quasi-judicial, or quasi-legislative function the town 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 town shall be appointed by the town council
for such terms of office and in such manner as shall be provided by ordinance,
except where other appointing authority, terms of office, or manner of
appointment is prescribed by this charter or by
law. (c) The town 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
town. (e) Any vacancy on a board, commission, or
authority of the town shall be filled for the unexpired term in the manner
prescribed in this charter for original appointment, except as otherwise
provided by this charter or by law or ordinance. (f)
No member of a board, commission, or authority shall assume office until he or
she has executed and filed with the clerk of the town an oath obligating himself
or herself to perform faithfully and impartially the duties of his or her
office, such oath to be prescribed by ordinance and administered by the
mayor. (g) Any member of a board, commission, or
authority may be removed from office for cause by a vote of three members of the
town council. (h) Except as otherwise provided by this
charter or by law or ordinance, each board, commission, or authority of the town
shall elect one of its members as chairperson and one member as vice
chairperson, and may elect as its secretary one of its members or may appoint as
secretary an employee of the town. The town council may establish such bylaws,
rules, and regulations, not inconsistent with this charter, an ordinance of the
town, or law, as it deems appropriate and necessary for the fulfillment of the
duties or the conduct of each board, commission, or
authority´s
affairs. Copies of such bylaws, rules, and regulations shall be filed with the
clerk of the town.
SECTION
3.12. Town attorney.
The town council shall appoint a town attorney and shall
provide for the payment of such attorney or attorneys for services rendered to
the town. The town attorney shall be responsible for representing and defending
the town in all litigation in which the town is a party, shall be the
prosecuting officer in the municipal court, shall attend the meetings of the
council as directed, shall advise the town council, mayor, and other officers
and employees of the town concerning legal aspects of the
town´s
affairs, and shall perform such other duties as may be required of him or her by
virtue of his or her position as town attorney.
SECTION
3.13. Town clerk.
The town council shall appoint a town clerk who shall
not be a councilmember. The town clerk shall be custodian of the official town
seal, maintain town council records required by this charter, and perform such
other duties as may be required by the town council. The town
clerk´s
duties and responsibilities may be further defined or provided by a class
specification or job description and shall include any other duties that may be
assigned by the town manager.
SECTION
3.14. Town treasurer/financial
officer.
The town council shall appoint a town
treasurer/financial officer to collect all taxes, licenses, fees, and other
moneys belonging to the town subject to the provisions of this charter and the
ordinances of the town and to enforce all laws of Georgia relating to the
collection of delinquent taxes and sale or foreclosure for nonpayment of taxes
by the town. The town treasurer/financial officer shall also be responsible for
the general duties of a treasurer and fiscal officer.
SECTION
3.15. Town auditor.
The town council may appoint a town auditor to perform
the duties of an auditor.
SECTION
3.16. Town manager.
(a) The town council shall appoint a town manager who
shall be the chief administrative officer of the town and manage and direct the
daily operations of the town government in accordance with local ordinances,
bylaws, and with policies prescribed by the town council. The town manager
shall direct the administrative activities of the town; act as focal point for
strategic planning, programming, and budgeting; supervise all town employees;
serve as a liaison among the town staff and governing body; assist the general
public; and serve on any boards or committees. (b) The
town manager shall specifically: (1) Discipline,
suspend, or remove all employees, excluding the police chief, as further
provided by this charter or state law. The manager may designate said authority
to the head of a department or office regarding their
subordinates; (2) Appoint and hire, when necessary for
the good of the town, all employees to fill a vacancy or approved position,
provided that the town council shall appoint and hire the police chief. The
town manager shall make a recommendation regarding such
position; (3) Prepare the annual operating and capital
budget and any other budget and submit same to the town council and be
responsible for administration of same; (4) Prepare
and submit to the town council, as of the end of the fiscal year, a complete
report on the finances and administrative activities of the town for the
preceding year; (5) See that all laws, ordinances, and
policies are duly enforced; and (6) Perform other such
duties as may be required by the town council, not inconsistent with the town
charter, law, or ordinances. (c) The town
manager´s
duties and responsibilities may be further defined or provided by a class
specification or job description or as assigned or designated by the town
council. (d) The town manager shall serve at the
pleasure of the town council and may be suspended or removed by a vote of three
councilmembers.
SECTION
3.17. Position classification and pay
plans.
The town manager shall be responsible for the
preparation of a position classification and pay plan which shall be submitted
to the town council for approval. Such plan may apply to all employees of the
town and any of its agencies, departments, boards, commissions, or authorities.
When a pay plan has been adopted, the town 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 town
officials are not town employees.
SECTION
3.18. Personnel policies.
The town council shall adopt rules and regulations
consistent with this charter concerning: (1) The
method of employee selection and probationary periods of
employment; (2) The administration of the position
classification and pay plan, methods of promotion and application of service
ratings thereto, and transfer of employees within the classification
plan; (3) Hours of work, vacation, sick leave, and
other leaves of absence, overtime pay, and the order and manner in which layoffs
shall be effected; (4) Such dismissal hearings as due
process may require; and (5) Such other personnel
notices as may be necessary to provide for adequate and systematic handling of
personnel affairs.
ARTICLE IV JUDICIAL
BRANCH SECTION
4.10. Creation; name.
There shall be a court to be known as the Municipal
Court of the Town of Braselton.
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) All judges shall be
appointed by the town council. (c) Compensation of the
judge or judges shall be fixed by ordinance. (d)
Before assuming office, each judge shall take an oath, given by the mayor, that
he or she will honestly and faithfully discharge the duties of his or her office
to the best of his or her ability and without fear, favor, or partiality.
SECTION
4.12. Convening.
The municipal court shall be convened at regular
intervals as provided by the court.
SECTION
4.13. Jurisdiction; powers.
(a) The municipal court shall try and punish violations
of this charter, all town ordinances, and such other violations as provided by
law. (b) The municipal court shall have the authority
to punish those in its presence for contempt and to impose any penalty allowed
under state law. (c) The municipal court may fix
punishment for offenses within its jurisdiction and may fix punishment by fine,
imprisonment, or alternative sentencing as to not exceed an amount or length as
now or hereafter provided by state law. (d) The
municipal court shall have the authority to establish a schedule of fees to
defray the cost of operation and shall be entitled to reimbursement of the
actual cost of meals, transportation, and caretaking of prisoners bound over to
superior and state courts for violation 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 bond for the appearance of persons
charged with violations. Whenever any person shall give bail for his or her
appearance and shall fail to appear at the time fixed for trial, his or her bond
shall be forfeited by the judge presiding at such time and an execution shall be
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 town, 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 town property taxes.
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 Jackson 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 town 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.
ARTICLE V ELECTIONS
AND REMOVAL SECTION
5.10. Nonpartisan elections.
Political parties shall not conduct primaries for town
offices and all names of candidates for town offices shall be listed without
party designations.
SECTION
5.11. Municipal general elections.
(a) There shall be a municipal general election
biennially in the odd-numbered years on the Tuesday next following the first
Monday in November. (b) Those persons serving as
councilmembers and mayor on the date this charter becomes effective in 2003, and
any person selected to fill a vacancy in such office, shall continue to serve
out their terms of office and until their respective successors are elected and
qualified. Successors to councilmembers from Council Districts 1 and 3 shall be
elected at the municipal general election in 2003 and at every other municipal
general election thereafter. Successors to the mayor and councilmembers from
Council Districts 2 and 4 shall be elected at the municipal general election in
2005 and at every other municipal general election thereafter. Terms of office
for those officers shall begin at the first organizational meeting provided for
under Section 2.18 of this charter immediately following those
officers´
respective elections.
SECTION
5.12. Special elections;
vacancies.
In the event that the office of mayor or councilmember
shall become vacant for any cause whatsoever, the town council or those
remaining shall order a special election to fill the balance of the unexpired
term of such official; provided, however, that if such vacancy occurs within six
months of the expiration of the term of that office, such office shall remain
vacant until filled at the municipal general election occurring within those six
months. 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."
SECTION
5.13. Other provisions.
Except as otherwise provided by this charter, the town
council shall, by ordinance, prescribe such rules and regulations it deems
appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the
O.C.G.A., the "Georgia Election Code."
SECTION
5.14. 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 following causes: (1) Incompetence,
misfeasance, or malfeasance in office; (2) Conviction
of a crime involving moral turpitude; (3) Failure at
any time to possess any of the qualifications of office as provided by this
charter or by law; (4) Knowingly violating any express
prohibition of this charter; (5) Abandonment of office
or neglect to perform the duties thereof; or (6)
Failure for any other cause to perform the duties of office as required by this
charter or by state law. (b) Removal of an officer
pursuant to subsection (a) of this section shall be accomplished by one of the
following methods: (1) By the vote of three
councilmembers after an investigative hearing. In the event an elected officer
is sought to be removed by the action of the town 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. An elected officer sought to be removed from office as
provided in this subsection shall have the right of appeal from the decision of
the town council to the Superior Court of Jackson 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 Jackson County following a hearing on a complaint seeking such removal
brought by any resident of the Town of Braselton.
ARTICLE
VI FINANCE SECTION
6.10. Property tax.
The town council may assess, levy, and collect an ad
valorem tax on all real and personal property within the corporate limits of the
town 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 town
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 town council in its discretion.
SECTION
6.11. Millage rate; due dates; payment
methods.
The town council by ordinance shall establish a millage
rate for the town property taxes, a due date, and the time period within which
these taxes must be paid. The town 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 town council by ordinance shall have the power to
levy such occupation or business taxes as are not denied by law. The town
council may classify businesses, occupations, or professions for the purpose of
such taxation in any way which may be lawful and may compel the payment of such
taxes as provided in Section 6.18 of this charter.
SECTION
6.13. Regulatory fees; permits.
The town council by ordinance shall have the power to
require businesses or practitioners doing business within this town to obtain a
permit for such activity from the town and pay a reasonable regulatory fee for
such permit as provided by general law. Such fees shall reflect the total cost
to the town of regulating the activity, and if unpaid, shall be collected as
provided in Section 6.18.
SECTION
6.14. Franchises.
(a) The town council shall have the power to grant
franchises for the use of this
town´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 town council shall determine
the duration, terms, whether the same shall be exclusive or nonexclusive, and
the consideration for such franchises; provided, however, that no franchise
shall be granted for a period in excess of 35 years and no franchise shall be
granted unless the town receives just and adequate compensation therefor. The
town council shall provide for the registration of all franchises with the town
clerk in a registration book kept by the town clerk. The town 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 town council has the authority to impose a tax on
gross receipts for the use of this
town´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 town 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 town for the total cost to the town 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 town council by ordinance shall have the power to
assess and collect the cost of constructing, reconstructing, widening, or
improving any public way, street, sidewalk, curbing, gutters, sewers, or other
utility mains and appurtenances from the abutting property owners under such
terms and conditions as are reasonable. If unpaid, such charges shall be
collected as provided in Section 6.18 of this charter.
SECTION
6.17. Construction; other taxes.
This town 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 town to govern its local affairs.
SECTION
6.18. Collection of delinquent taxes and
fees.
The town council by ordinance may provide generally for
the collection of delinquent taxes, fees, or other revenue due the town under
this article 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 town permits for failure to
pay any town taxes or fees; and providing for the assignment or transfer of tax
executions.
SECTION
6.19. General obligation bonds.
The town 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 town 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. Fiscal year.
The town 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 town government.
SECTION
6.22. Contracting procedures.
No contract with the town shall be binding on the town
unless: (1) It is in writing;
and (2) It is drawn or submitted and reviewed by the
town attorney and, as a matter of course, is signed by him or her to indicate
such drafting or review.
ARTICLE VII GENERAL
PROVISIONS SECTION
7.10. Bonds for officials.
The officers and employees of this town, both elective
and appointive, shall execute such surety bonds in such amounts and upon such
terms and conditions as the town 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
now in force in the town not in conflict with this charter shall continue in
force, unless repealed or amended.
SECTION
7.12. Existing personnel and
officers.
Except as specifically provided otherwise by this
charter, all personnel and officers of the town and their rights, privileges,
and powers shall continue beyond the time this charter takes effect until
changed pursuant to this charter.
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 town agencies, personnel, or offices as may be
provided by the town council.
SECTION
7.14. Construction.
(a) Section captions in this charter are informative
only and shall 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. (d) The phrase "town council" shall denote the
governing body of the Town of Braselton which comprises four councilmembers and
a mayor. Unless otherwise specified, all votes and actions taken by the
governing body of the town shall consist of and include the four councilmembers
and the mayor.
SECTION
7.15. Effective date.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION
7.16. Specific repealer.
An Act incorporating the Town of Braselton, approved
August 8, 1916, is repealed in its entirety and all amendatory Acts thereto are
likewise repealed in their entirety; provided, however, that those laws found
at Ga. L. 1974, p. 3142; Ga. L. 1983, p. 4865; and Ga. L. 1999, p. 4712 shall
remain in full force and effect as provided in such laws, ordinances, and
regulations. All other laws and parts of laws in conflict with this charter are
repealed.
SECTION
7.17. General repealer.
All laws and parts of laws in conflict with this Act are
repealed.
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