06 LC 14
9400
House
Bill 1321
By:
Representatives Burkhalter of the
50th,
Rice of the
51st,
and Willard of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
incorporate the City of Johns Creek in Fulton County, Georgia; to provide a
charter for the City of Johns Creek; 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 offices of mayor and city manager and
certain duties and powers relative to those offices; to provide for
administrative responsibilities; to provide for boards, commissions, and
authorities; to provide for a city attorney, a city clerk, a city tax collector,
a city accountant, 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 other matters relative to the foregoing; to
provide for a referendum; to provide effective dates; to provide for transition
of powers and duties; to provide for directory nature of dates; to provide for a
charter commission; to provide for severability; 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.
Incorporation.
INCORPORATION AND POWERS
SECTION 1.10.
Incorporation.
The
City of Johns Creek in Fulton County is incorporated by the enactment of this
charter and is constituted and declared a body politic and corporate under the
name of the "City of Johns Creek." References in this charter to "the city" or
"this city" refer to the City of Johns Creek. The city shall have perpetual
existence.
SECTION
1.11.
Corporate boundaries.
Corporate boundaries.
(a)
The incorporated area of this city shall include all of that portion of Fulton
County as set forth and described in Appendix A of this charter, which appendix
is incorporated herein by reference, subject to approval by the voters at a
referendum as provided in Section 7.14 of this Act.
(b) The incorporated area of this city may also include all of that portion of Fulton County as set forth and described in Appendix B of this charter, which appendix is incorporated herein by reference, subject to approval by the voters at a referendum as provided in Section 7.14 of this Act.
(c) After the original incorporation of this city, the boundaries of this city shall be subject to such alterations as may be made thereafter from time to time by local law or in the manner provided by general state law. As used in this charter, the term "territory" means the area of the city as described in this section. 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 of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Johns Creek, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
(b) The incorporated area of this city may also include all of that portion of Fulton County as set forth and described in Appendix B of this charter, which appendix is incorporated herein by reference, subject to approval by the voters at a referendum as provided in Section 7.14 of this Act.
(c) After the original incorporation of this city, the boundaries of this city shall be subject to such alterations as may be made thereafter from time to time by local law or in the manner provided by general state law. As used in this charter, the term "territory" means the area of the city as described in this section. 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 of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Johns Creek, Georgia." Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.
SECTION
1.12.
Municipal powers.
Municipal powers.
(a)
This city shall have all powers possible for a city to have under the present or
future Constitution and laws of this state as fully and completely as though
they were specifically enumerated in this charter. This city shall have all the
powers of self-government not otherwise prohibited by this charter or by general
law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. Said powers shall include, but are not limited to, the following:
(1)
Air and water pollution. To regulate the emission of smoke or other exhaust
which pollutes the air and to prevent the pollution of natural streams which
flow within the corporate limits of the city;
(2)
Animal regulations. To regulate and license or to prohibit the keeping or
running at large of animals and fowl and to provide for the impoundment of same
if in violation of any ordinance or lawful order; to provide for the disposition
by sale, gift, or humane destruction of animals and fowl when not redeemed as
provided by ordinance; and to provide punishment for violation of ordinances
enacted under this paragraph;
(3)
Appropriations and expenditures. To make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes
authorized by this charter and for any purpose for which a municipality is
authorized by the laws of the State of Georgia; and to provide for the payment
of expenses of this city;
(4)
Building regulations. To regulate and to license the erection and construction
of buildings and all other structures not inconsistent with general law; to
adopt building, housing, plumbing, electrical, gas, and heating and
air-conditioning codes; and to regulate all housing and building trades except
as otherwise prohibited by general law;
(5)
Business regulation and taxation. To levy and to provide for the collection of
license fees and taxes on privileges, occupations, trades, and professions; to
license and regulate the same; to provide for the manner and method of payment
of such licenses and taxes; and to revoke such licenses after due process for
the failure to pay any city taxes or fees;
(6)
Condemnation. To condemn property, inside or outside the corporate limits of
the city, for present or future use and for any corporate purpose deemed
necessary by the governing authority, utilizing procedures enumerated in Title
22 of the O.C.G.A. or such other laws as are or may hereafter be
enacted;
(7)
Contracts. To enter into contracts and agreements with other governments and
entities and with private persons, firms, and corporations;
(8)
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;
(9)
Environmental protection. To protect and preserve the natural resources,
environment, and vital areas of the city, the region, and the state through the
preservation and improvement of air quality, the restoration and maintenance of
water resources, the control of erosion and sedimentation, the management of
storm water and establishment of a storm-water utility, the management of solid
and hazardous waste, and other necessary actions for the protection of the
environment;
(10)
Ethics. To adopt ethics ordinances and regulations governing the conduct of
municipal elected officials, appointed officials, and employees, establishing
procedures for handling ethics complaints, and setting forth penalties for
violations of such rules and procedures;
(11)
Fire regulations. To fix and establish fire limits and from time to time
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;
(12)
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 within the city and
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;
(13)
General health, safety, and welfare. To define, regulate, and prohibit any act,
practice, conduct, or use of property which is detrimental to the health,
sanitation, cleanliness, welfare, and safety of the inhabitants of the city and
to provide for the enforcement of such standards;
(14)
Gifts. To accept or refuse gifts, donations, bequests, or grants from any
source for any purpose related to the 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;
(15)
Health and sanitation. To prescribe standards of health and sanitation within
the city and to provide for the enforcement of such standards;
(16)
Homestead exemption. To establish and maintain procedures for offering
homestead exemptions to residents of the city as authorized by Act of the
General Assembly;
(17)
Jail sentences. To provide that persons given jail sentences in the municipal
court may work out such sentences in any public works or on the streets, roads,
drains, and squares in the city; to provide for the commitment of such persons
to any jail; or to provide for the commitment of such persons to any county work
camp or county jail by agreement with the appropriate county
officials;
(18)
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;
(19)
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;
(20)
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;
(21)
Municipal property ownership. To acquire, dispose of, 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;
(22)
Municipal property protection. To provide for the preservation and protection
of property and equipment of the city and the administration and use of same by
the public; and to prescribe penalties and punishment for violations
thereof;
(23)
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 plants,
transportation facilities, public airports, and any other public utility; and to
fix the taxes, charges, rates, fares, fees, assessments, regulations, and
penalties therefor; and to provide for the withdrawal of service for refusal or
failure to pay the same; and to authorize the extension of water, sewerage, and
electrical distribution systems, and all necessary appurtenances by which said
utilities are distributed, inside and outside the corporate limits of the city;
and to provide utility services to persons, firms, and corporations inside and
outside the corporate limits of the city as provided by ordinance;
(24)
Nuisances. To define a nuisance and provide for its abatement whether on public
or private property;
(25)
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;
(26)
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;
(27)
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;
(28)
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;
(29)
Public improvements. To provide for the acquisition, construction, building,
operation, and maintenance of public ways, parks, 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; 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;
(30)
Public peace. To provide for the prevention and punishment of drunkenness,
riots, and public disturbances;
(31)
Public transportation. To organize and operate or contract for such public
transportation systems as are deemed beneficial;
(32)
Public utilities and services. To grant franchises or make contracts for public
utilities and public services and to prescribe the rates, fares, regulations,
and the standards and conditions of service applicable to the service to be
provided by the franchise grantee or contractor, insofar as not in conflict with
valid regulations of the Public Service Commission;
(33)
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, inside or abutting the
corporate limits of the city and to prescribe penalties and punishment for
violation of such ordinances;
(34)
Retirement. To provide and maintain a retirement plan for officers and
employees of the city;
(35)
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 negotiate and execute leases over, through, under, or across any city
property or the right of way of any street, road, alley, and walkway or portion
thereof within the corporate limits of the city for bridges, passageways, or any
other purpose or use between buildings on opposite sides of the street and for
other bridges, overpasses, and underpasses for private use at such location and
to charge a rental therefor in such manner as may be provided by ordinance; and
to authorize and control the construction of bridges, overpasses, and
underpasses within the corporate limits of the city; and to grant franchises and
rights of way throughout the streets and roads and over the bridges and viaducts
for the use of public utilities and for private use;
(36)
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
provide for the sale of such items;
(37)
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 taxing or otherwise; and to license, tax, regulate, or prohibit professional
fortunetelling, palmistry, adult bookstores, adult entertainment, and massage
parlors;
(38)
Special assessments. To levy and provide for the collection of special
assessments to cover the costs of any public improvement;
(39)
Taxes (ad valorem). To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to taxation;
provided, however, that:
(A)
For all years, the millage rate imposed for ad valorem taxes on real property
shall not exceed 4.731 unless a higher limit is recommended by resolution of the
city council and approved by a majority of the qualified voters of the city;
provided, however, that for the purposes of compliance with Code Section 48-8-91
of the O.C.G.A., the millage rate may be adjusted upward for the sole purpose of
complying with the millage rate rollback provisions set forth
therein;
(B)
For all years, the fair market value of all property subject to taxation shall
be determined according to the tax digest of Fulton County, as provided in Code
Section 48-5-352 of the O.C.G.A.; and
(C)
For all years, the billing date or dates and due date or dates for municipal ad
valorem taxes shall be the same as for Fulton County ad valorem
taxes;
(40)
Taxes (other). To levy and collect such other taxes as may be allowed now or in
the future by law;
(41)
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;
(42)
Urban redevelopment. To organize and operate an urban redevelopment program;
and
(43)
Other powers. To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or protect the
safety, health, peace, security, good order, comfort, convenience, or general
welfare of the city and its inhabitants; to exercise all implied powers
necessary to carry into execution all powers granted in this charter as fully
and completely as if such powers were fully stated in this charter; and to
exercise all powers now or in the future authorized to be exercised by other
municipal governments under other laws of the State of Georgia; and no listing
of particular powers in this charter shall be held to be exclusive of others,
nor restrictive of general words and phrases granting powers, but shall be held
to be in addition to such powers unless expressly prohibited to municipalities
under the Constitution or applicable laws of the State of Georgia.
SECTION
1.13.
Exercise of powers.
Exercise of powers.
All
powers, functions, rights, privileges, and immunities of the city, its officers,
agencies, or employees shall be carried into execution as provided by this
charter. If this charter makes no provision, such shall be carried into
execution as provided by ordinance or as provided by pertinent laws of the State
of Georgia.
ARTICLE
II
GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10.
City council creation; composition; number; election.
GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL
SECTION 2.10.
City council creation; composition; number; election.
(a)
The legislative authority of the government of this city, except as otherwise
specifically provided in this charter, shall be vested in a city council to be
composed of a mayor and six councilmembers who shall be elected to Posts 1
through 6. Each person desiring to offer as a candidate for councilmember shall
designate the council post for which he or she is
offering.
(b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this charter. No person shall be eligible to serve as mayor or councilmember unless that person is at least 21 years of age and shall have been a resident of the territory for 12 months immediately preceding his or her election; and each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No persońs name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember and in the case of a candidate for councilmember designates the post for which he or she is a candidate. No person shall be eligible for the office of mayor or councilmember unless such person shall file said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(b) The mayor and councilmembers shall serve for terms of four years and until their respective successors are elected and qualified, except as otherwise provided in subsection (d) of Section 2.11 of this charter. No person shall be eligible to serve as mayor or councilmember unless that person is at least 21 years of age and shall have been a resident of the territory for 12 months immediately preceding his or her election; and each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No persońs name shall be listed as a candidate on the ballot for election for either mayor or councilmember unless such person shall file a written notice with the clerk of said city that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember and in the case of a candidate for councilmember designates the post for which he or she is a candidate. No person shall be eligible for the office of mayor or councilmember unless such person shall file said notice within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
SECTION
2.11.
Elections.
Elections.
(a)
At any election, all persons who are qualified under the Constitution and laws
of Georgia to vote for members of the General Assembly of Georgia and who are
bona fide residents of the territory or of said city shall be eligible to
qualify as voters in the election.
(b) All primaries and elections, including without limitation the special election of 2006 to elect the first mayor and council, shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code."
(c) All elections for the mayor and all councilmembers shall be at-large by the voters of the entire city.
(d) The first election for mayor and councilmembers shall be a special election held in 2006 on the date specified in subsection (g) of this section. At said election, the mayor and councilmembers elected to Council Posts 1, 3, and 5 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2009. The councilmembers elected to Council Posts 2, 4, and 6 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2007. Thereafter, at the elections provided for by subsection (e) of this section, their successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified.
(e) A special election shall be held on the Tuesday after the first Monday in November, 2006, to elect the first mayor and council as provided in subsection (d) of this section. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in said subsection (d) of this section. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2007. The successors to the first mayor and councilmembers and future successors shall be elected at the municipal election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(f) All municipal elections shall be nonpartisan and without primaries.
(b) All primaries and elections, including without limitation the special election of 2006 to elect the first mayor and council, shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under the "Georgia Election Code."
(c) All elections for the mayor and all councilmembers shall be at-large by the voters of the entire city.
(d) The first election for mayor and councilmembers shall be a special election held in 2006 on the date specified in subsection (g) of this section. At said election, the mayor and councilmembers elected to Council Posts 1, 3, and 5 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2009. The councilmembers elected to Council Posts 2, 4, and 6 shall be elected for initial terms of office beginning immediately after their election and expiring on December 31, 2007. Thereafter, at the elections provided for by subsection (e) of this section, their successors shall be elected for terms of four years. All members shall serve until their successors are elected and qualified.
(e) A special election shall be held on the Tuesday after the first Monday in November, 2006, to elect the first mayor and council as provided in subsection (d) of this section. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in said subsection (d) of this section. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2007. The successors to the first mayor and councilmembers and future successors shall be elected at the municipal election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified.
(f) All municipal elections shall be nonpartisan and without primaries.
SECTION
2.12.
Vacancies in office.
Vacancies in office.
(a)(1)
The office of mayor or councilmember shall become vacant upon the
incumbent́s
death, resignation, forfeiture of office, or removal from office in any manner
authorized by this charter or the general laws of the State of
Georgia.
(2)
Upon the suspension from office of mayor or councilmember in any manner
authorized by the general laws of the State of Georgia, the city council or
those remaining shall appoint a successor for the duration of the suspension. If
the suspension becomes permanent, then the office shall become vacant and shall
be filled as provided in subsection (b) of this section.
(b)
In the event that the office of mayor or councilmember shall become vacant, the
city council or those remaining shall order a special election to fill the
balance of the unexpired term of such official; provided, however, if such
vacancy occurs within six months of the expiration of the term of that office,
the city council or those members remaining shall appoint a successor for the
remainder of the term. In all other respects, the special election shall be held
and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the
"Georgia Election Code," as now or hereafter amended.
SECTION
2.13.
Election by majority vote.
Election by majority vote.
The
candidate receiving a majority of the votes cast for any city office shall be
elected.
SECTION
2.14.
Compensation and expenses.
Compensation and expenses.
The
annual salary of the mayor shall be $25,000.00 and the annual salary for each
councilmember shall be $15,000.00. Such salary shall be paid from municipal
funds in monthly installments. The city council may provide by ordinance for the
provision of insurance, retirement,
workerś
compensation, and other employee benefits to the mayor and members of the city
council and may provide by ordinance for the reimbursement of expenses actually
and necessarily incurred by the mayor and members of the city council in
carrying out their official duties.
SECTION
2.15.
Prohibitions.
Prohibitions.
(a)
No elected official, appointed officer, or employee of the city or any agency or
political entity to which this charter applies shall knowingly:
(1)
Engage in any business or transaction or have a financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge of
official duties or which would tend to impair the independence of his or her
judgment or action in the performance of 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
official duties or would tend to impair the independence of his or her judgment
or action in the performance of official duties;
(3)
Disclose confidential information concerning the property, government, or
affairs of the governmental body by which 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 city
or any portion of its government; or
(6)
Vote or otherwise participate in the negotiation or in the making of any
contract with any business or entity in which he or she has a financial
interest.
(b)
Any elected official, appointed officer, or employee who has any private
financial interest, directly or indirectly, in any contract or matter pending
before or within any department of the city shall disclose such private interest
to the city council. The mayor or any councilmember who has a private interest
in any matter pending before the city council shall disclose such private
interest and such disclosure shall be entered on the records of the city
council, and he or she shall disqualify himself or herself from participating in
any decision or vote relating thereto. Any elected official, appointed officer,
or employee of any agency or political entity to which this charter applies who
shall have any private financial interest, directly or indirectly, in any
contract or matter pending before or within such entity shall disclose such
private interest to the governing body of such agency or
entity.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
(c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any other elective city office or other city employment during the term for which elected. The provisions of this subsection shall not apply to any person holding employment on the effective date of this Act.
SECTION
2.16.
Removal of officers.
Removal of officers.
(a)
The mayor, a councilmember, or other appointed officers provided for in this
charter shall be removed from office for any one or more of the following
causes:
(1)
Incompetence, misfeasance, or malfeasance in office;
(2)
Conviction of a crime involving moral turpitude;
(3)
Failure at any time to possess any qualifications of office as provided by this
charter or by law;
(4)
Knowingly violating Section 2.15 or any other express prohibition of this
charter;
(5)
Abandonment of office or neglect to perform the duties thereof; or
(6)
Failure for any other cause to perform the duties of office as required by this
charter or by state law.
(b)
Removal of any officer pursuant to subsection (a) of this section shall be
accomplished by one of the following methods:
(1)
By the vote of five councilmembers after an investigative hearing. In the event
an elected officer is sought to be removed by the action of the city council,
such officer shall be entitled to a written notice specifying the ground or
grounds for removal and to a public hearing which shall be held not less than
ten days after the service of such written notice. Any elected officer sought
to be removed from office as provided in this section shall have the right of
appeal from the decision of the city council to the Superior Court of Fulton
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 Fulton County following a hearing on a
complaint seeking such removal brought by any resident of the City of Johns
Creek.
ARTICLE
III
ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY, AND ORDINANCES
SECTION 3.10.
General power and authority.
ORGANIZATION OF GOVERNMENT, GENERAL
AUTHORITY, AND ORDINANCES
SECTION 3.10.
General power and authority.
Except
as otherwise provided by this charter, the city council shall be vested with all
the powers of government of this city as provided by Article I of this
charter.
SECTION
3.11.
Organization.
Organization.
(a)
The city council shall hold an organizational meeting at the first regular
meeting in January following an election. The meeting shall be called to order
by the city clerk or the mayor-elect if the office of clerk is vacant. The city
clerk or any judge shall administer the oaths required by Chapter 3 of Title 45
of the O.C.G.A. and the following oath:
"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
of the United States of America."
(b)
By a majority vote, the city council shall elect a councilmember to serve as
mayor pro tempore. The mayor pro tempore shall assume the duties and powers of
the mayor during any disability or absence of the mayor. Any such disability or
absence shall be declared by a majority vote of the city council.
SECTION
3.12.
Inquiries and investigations.
Inquiries and investigations.
The
city council may make inquiries and investigations into the affairs of the city
and the conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony, and require
the production of evidence. Any person who fails or refuses to obey a lawful
order issued in the exercise of these powers by the council shall be punished as
provided by ordinance.
SECTION
3.13.
Meetings.
Meetings.
(a)
The city council shall hold regular meetings at such times and places as
prescribed by ordinance and shall hold at least one regular meeting each
month.
(b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembeŕs 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 given as required by law.
(b) Special meetings of the city council may be held on call of the mayor or four members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembeŕs 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 given as required by law.
SECTION
3.14.
Procedures.
Procedures.
(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 chairpersons and officers of the city council shall be appointed by the mayor.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor.
SECTION
3.15.
Voting.
Voting.
(a)
Except as otherwise provided in subsection (c) of this section, four
councilmembers shall constitute a quorum and shall be authorized to transact the
business of the city council. For voting and quorum purposes, the mayor shall
be counted as one of the councilmembers. 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. No councilmember shall abstain from
voting except in the case of a conflict of interest or if absent when a motion
being voted upon was made. The councilmember shall provide a specific
explanation of the conflict , and the explanation shall be recorded in the
journal.
(b) Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion.
(c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
(b) Except as otherwise provided in this charter, the affirmative vote of a majority of the councilmembers present shall be required for the adoption of any ordinance, resolution, or motion.
(c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion.
SECTION
3.16.
Ordinances.
Ordinances.
(a)
Every proposed ordinance shall be introduced in writing and in the form required
for final adoption. No ordinance shall contain a subject which is not expressed
in its title. The enacting clause shall be "The Council of the City of Johns
Creek 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 city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
(b) An ordinance may be introduced by the mayor or any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 3.18 of this charter. Upon introduction of any ordinance, the clerk shall, as soon as possible, distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION
3.17.
Effect of ordinances.
Effect of ordinances.
Acts
of the city council which have the force and effect of law shall be enacted by
ordinance.
SECTION
3.18.
Emergencies.
Emergencies.
To
meet a public emergency affecting life, health, property, or public peace, the
city council may convene on call of the mayor or four councilmembers and may
promptly adopt an emergency ordinance, but such ordinance shall 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 a majority of the councilmembers present 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 continues to exist. An emergency ordinance shall also be
repealed by adoption of a repealing ordinance in the same manner specified in
this section for adoption of emergency ordinances.
SECTION
3.19.
Codes.
Codes.
(a)
The city council may adopt any standard code of technical regulations by
reference thereto in an adopting ordinance. The procedure and requirements
governing such adopting ordinance shall be as prescribed for ordinances
generally except that: (1) the requirements of subsection (b) of Section 3.16 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 3.20 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.
(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
3.20.
Codification of ordinances.
Codification of ordinances.
(a)
The clerk shall authenticate by the
clerḱs
signature and record in full in a properly indexed book kept for that purpose
all ordinances adopted by the
council.
(b) The city 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 shall contain 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 Johns Creek, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be 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 then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
(b) The city 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 shall contain 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 Johns Creek, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and shall be 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 then in effect and shall be suitable in form for incorporation within the code. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION
3.21.
Submission of ordinances to the mayor.
Submission of ordinances to the mayor.
(a)
Every ordinance, resolution, and other action adopted by the council shall be
presented promptly to the mayor for signature. Except for council approval of
appointments to committees, boards, and commissions, the employment of any
appointed officer, internal affairs, or matters which must be approved by the
voters, the mayor may veto any action adopted by the city
council.
(b) The veto must be exercised no later than the next regular city council meeting following the meeting at which the action was taken. If an action is disapproved, the mayor shall submit to the council a written statement of the reasons for the mayoŕs veto.
(c) An action vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote on overriding the veto are not present, the action may be continued until the next meeting at which the minimum number of councilmembers are present. Such action shall not become effective unless it is readopted by the affirmative votes of at least five councilmembers within 60 days of the veto and for this purpose the mayor shall vote as a councilmember.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayoŕs veto as provided in this charter.
(e) If an ordinance or resolution has been signed by the mayor, it shall become effective. If an ordinance or resolution is neither approved nor disapproved by the next regular meeting of the city council, it shall become effective.
(b) The veto must be exercised no later than the next regular city council meeting following the meeting at which the action was taken. If an action is disapproved, the mayor shall submit to the council a written statement of the reasons for the mayoŕs veto.
(c) An action vetoed by the mayor shall automatically be on the agenda at the next regular meeting of the city council for reconsideration. If the minimum number of councilmembers necessary to vote on overriding the veto are not present, the action may be continued until the next meeting at which the minimum number of councilmembers are present. Such action shall not become effective unless it is readopted by the affirmative votes of at least five councilmembers within 60 days of the veto and for this purpose the mayor shall vote as a councilmember.
(d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance or resolution. The approved part or parts of any ordinance or resolution making appropriations shall become law, and the part or parts disapproved or reduced shall not become law unless subsequently passed by the city council over the mayoŕs veto as provided in this charter.
(e) If an ordinance or resolution has been signed by the mayor, it shall become effective. If an ordinance or resolution is neither approved nor disapproved by the next regular meeting of the city council, it shall become effective.
SECTION
3.22.
Powers and duties of the mayor.
Powers and duties of the mayor.
(a)
The mayor shall be the chief executive officer of the city government, a member
of and the presiding officer of the city council, and responsible for the
efficient and orderly administration of the
citýs
affairs. The mayor shall be responsible for the enforcement of laws, rules,
regulations, ordinances, and franchises in the city. The mayor may conduct
inquiries and investigations into the conduct of the
citýs
affairs and shall have such powers and duties as specified in this charter or as
may be provided by ordinance consistent with this
charter.
(b) The mayor shall:
(b) The mayor shall:
(1)
Preside at all meetings of the city council;
(2)
Be the head of the city for the purpose of service of process and for ceremonial
purposes and be the official spokesperson for the city and the advocate of
policy;
(3)
Sign as a matter of course on behalf of the city all written and approved
contracts, ordinances, resolutions, and other instruments executed by the city
which by law are required to be in writing;
(4)
See that all laws and ordinances of the city are faithfully
executed;
(5)
Vote on any motion, resolution, ordinance, or other question before the council
and vote on any matter before a committee on which he or she serves;
(6)
Obtain short term loans in the name of the city when authorized by the city
council to do so;
(7)
Appoint city council committees and appoint councilmembers to oversee and report
on the functions of the various departments of the city;
(8)
Require the city manager to meet with him or her at a time and place designated
for consultation and advice upon the affairs of the city;
(9)
Name qualified residents of the city to boards and commissions with approval of
the city council;
(10)
Nominate the city attorney, city clerk, city tax collector, and city accountant,
subject to ratification by the city council;
(11)
Prepare or have prepared an agenda for each meeting of the city council which
shall include all business submitted by the mayor, any councilmember, the city
manager, and the city attorney; and
(12)
Fulfill and perform such other duties as are imposed by this charter and duly
adopted ordinances.
(c)
The mayor shall in his or her sole discretion appoint an executive aide to the
mayor. The executive aide shall serve at the pleasure of the mayor. The
executive aide shall receive a salary comparable to that of city department
heads, which salary shall be fixed by the mayor. The executive aide shall
report directly to the mayor. The duties and responsibilities of the executive
aide shall at all times be as set forth by the mayor. The executive aide shall
have the authority, upon the specific request of the mayor, to act on behalf of
the mayor in the
mayoŕs
ceremonial or administrative capacity. The executive aide shall have no
authority to act on behalf of the mayor in a legislative or executive
capacity.
SECTION
3.23.
City manager; appointment, qualification, and compensation.
City manager; appointment, qualification, and compensation.
The
mayor shall appoint for an indefinite term an officer whose title shall be the
"city manager" and the city manager shall serve at the pleasure of the mayor.
The city manager shall be appointed without regard to political beliefs and
solely on the basis of his or her executive and administrative qualifications
with special reference to his or her educational background and actual
experience in, and knowledge of, the duties of office as hereinafter prescribed.
SECTION
3.24.
City manager; chief administrative officer.
City manager; chief administrative officer.
The
city manager shall be the chief administrative officer of the government of the
City of Johns Creek. The city manager must devote all of his or her working time
and attention to the affairs of the city and shall be responsible to the mayor
and council for the proper and efficient administration of the affairs of the
city over which said officer has jurisdiction.
SECTION
3.25.
City manager; powers and duties enumerated.
City manager; powers and duties enumerated.
The
city manager shall have the power, and it shall be his or her duty
to:
(1)
See that all laws and ordinances are enforced;
(2)
Appoint and employ all necessary employees of the city, provided that excepted
from the power of this appointment are those officers and employees who by this
Act are appointed or elected by the mayor or council or departments not under
the jurisdiction of the city manager;
(3)
Remove employees employed by said officer without the consent of the council and
without assigning any reason therefore;
(4)
Exercise supervision and control of all departments and all divisions created in
this charter or that may hereafter be created by the council except as otherwise
provided in this Act;
(5)
Attend all meetings of the council with a right to take part in the discussions,
but having no vote. The city manager shall be entitled to notice of all special
meetings;
(6)
Recommend to the council, after prior review and approval by the mayor, for
adoption such measures as the city manager may deem necessary or
expedient;
(7)
See that all terms and conditions imposed in favor of the city or its
inhabitants in any public utility franchise are faithfully kept and performed
and upon knowledge of any violation thereof to call the same to the attention of
the city attorney, whose duty it shall be forthwith to take such steps as are
necessary to protect and enforce the same;
(8)
Make and execute all lawful contracts on behalf of the city as to matters within
said
officeŕs
jurisdiction to the extent that such contracts are funded in the
citýs
budget, except such as may be otherwise provided by law; provided, however, that
no contract purchase or obligation requiring a budget amendment shall be valid
and binding until after approval of the council;
(9)
Act as budget officer to prepare and submit to the council, after review and
approval by the mayor, prior to the beginning of each fiscal year a budget of
proposed expenditures for the ensuing year, showing in as much detail as
practicable the amounts allotted to each department of the city government and
the reasons for such estimated expenditures;
(10)
Keep the council at all times fully advised as to the financial condition and
needs of the city;
(11)
Make a full written report to the council on the first of each month showing the
operations and expenditures of each department of the city government for the
preceding month, and a synopsis of such reports shall be published by the clerk
of the city;
(12)
Fix all salaries and compensation of city employees in accordance with the city
budget and the city pay and classification plan; and
(13)
Perform such other duties as may be prescribed by this Act or required by
ordinance or resolution of the council.
SECTION
3.26.
Council interference with administration.
Council interference with administration.
Except
for the purpose of inquiries and investigations under Section 2.08 of this
charter, the city council or its members shall deal with city officers and
employees who are subject to the direction or supervision of the manager solely
through the manager, and neither the city council nor its members shall give
orders to any such officer or employee, either publicly or
privately.
SECTION
3.27.
Selection of mayor pro tempore.
Selection of mayor pro tempore.
There
shall be a mayor pro tempore elected from among the councilmembers by the city
council. The initial mayor pro tempore shall serve for a term expiring December
31, 2007, and successors shall serve for terms of four years. The mayor pro
tempore shall continue to vote and otherwise participate as a councilmember. A
vacancy in the position of mayor pro tempore resulting from the mayor pro
tempore ceasing to serve as a councilmember or from any other cause shall be
filled for the remainder of the unexpired term in the same manner as the
original election.
SECTION
3.28.
Mayor pro tempore.
Mayor pro tempore.
During
the absence or physical or mental disability of the mayor for any cause, the
mayor pro tempore of the city council, or in such
persońs
absence or disability for any reason, any one of the councilmembers chosen by a
majority vote of the city council, shall be clothed with all the rights and
privileges of the mayor and shall perform the duties of the office of the mayor
so long as such absence or disability shall continue. A councilmember acting as
mayor shall have only one vote. A councilmember acting as mayor shall have veto
power in the case of disability of the mayor but not in the case of absence of
the mayor. Any such absence or disability shall be declared by majority vote of
all councilmembers. The mayor pro tempore or selected councilmember shall sign
all contracts and ordinances in which the mayor has a disqualifying financial
interest.
ARTICLE
IV
ADMINISTRATIVE AFFAIRS
SECTION 4.10.
Department heads.
ADMINISTRATIVE AFFAIRS
SECTION 4.10.
Department heads.
(a)
Except for the offices of city manager and executive aide to the mayor, the
council, by ordinance, may establish, abolish, merge, or consolidate nonelective
offices, positions of employment, departments, and agencies of the city as they
shall deem necessary for the proper administration of the affairs and government
of the city. The council shall prescribe the functions and duties of existing
departments, offices, and agencies or of any departments, offices, and agencies
hereinafter created or established; may provide that the same person shall fill
any number of offices and positions of employment; and may transfer or change
the functions and duties of offices, positions of employment, departments, and
agencies of the city. The council may also contract with private or
governmental parties for the performance of the functions of any such offices,
departments, or agencies.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of the directoŕs department or agency.
(e) The city manager may suspend directors. The director involved may appeal to the city council which, after a hearing, may override the suspension. Any removal of a director shall be by the city council.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by the city council.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of the directoŕs department or agency.
(e) The city manager may suspend directors. The director involved may appeal to the city council which, after a hearing, may override the suspension. Any removal of a director shall be by the city council.
SECTION
4.11.
Boards.
Boards.
(a)
The city council shall create by ordinance such boards, commissions, and
authorities to fulfill any investigative, quasi-judicial, or quasi-legislative
function the city council deems necessary and shall by ordinance establish the
composition, period of existence, duties, and powers
thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor subject to approval by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the 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 he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of the office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its 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, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor subject to approval by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for the 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 he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of the office, such oath to be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office for cause by a vote of the city council.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice-chairperson, and may elect as its secretary one of its 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, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION
4.12.
City attorney.
City attorney.
The
mayor shall nominate a city attorney subject to ratification by the council who
shall be a member of the State Bar of Georgia and shall have actively practiced
law for at least one year. The city attorney shall serve at the pleasure of the
mayor. The city attorney shall be responsible for representing and defending
the city in all litigation in which the city is a party, may be the prosecuting
officer in the municipal court, shall attend the meetings of the council as
directed, shall advise the city council, mayor, and other officers and employees
of the city concerning legal aspects of the
citýs
affairs, and shall perform such other duties as may be required by virtue of the
position of city attorney. The city council shall provide for the compensation
of the city attorney.
SECTION
4.13.
City clerk.
City clerk.
The
mayor shall nominate a city clerk who shall not be a councilmember subject to
ratification by the council. The city clerk shall serve at the pleasure of the
mayor. The city clerk shall be custodian of the official city seal, maintain
city council records required by this charter, and perform such other duties as
may be required by the city council. The city council shall provide for the
compensation of the city clerk.
SECTION
4.14.
City tax collector.
City tax collector.
The
mayor shall nominate a city tax collector subject to ratification by the
council. The city tax collector shall serve at the pleasure of the mayor. The
city tax collector shall collect all taxes, licenses, fees, and other moneys
belonging to the city subject to the provisions of this charter and the
ordinances of the city and to enforce all laws of Georgia relating to the
collection of delinquent taxes and sale or foreclosure for nonpayment of taxes
to the city. The city council shall provide for the compensation of the city
tax collector.
SECTION
4.15.
City accountant.
City accountant.
The
mayor shall nominate a city accountant subject to ratification by the council.
The city accountant shall serve at the pleasure of the mayor. The city council
shall provide for the compensation of the city accountant.
SECTION
4.16.
Rules and regulations.
Rules and regulations.
The
city council shall adopt rules and regulations consistent with this charter
concerning:
(1)
The method of employee selection and probationary periods of
employment;
(2)
The administration of a position classification and pay plan, methods of
promotion and applications 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
V
JUDICIAL BRANCH
SECTION 5.10.
Municipal court.
JUDICIAL BRANCH
SECTION 5.10.
Municipal court.
There
shall be a court to be known as the Municipal Court of the City of Johns
Creek.
SECTION
5.11.
Judges.
Judges.
(a)
The municipal court shall be presided over by a chief judge and such part-time,
full-time, or stand-by judges as shall be provided by ordinance. The chief
judge shall be appointed by resolution of the city council and the method of
selection and terms of any other judges shall be provided by
ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for a minimum of three years.
(c) Compensation of the chief judge and other judges shall be fixed by the city council. The position of chief judge shall not be a full-time position, and the person serving as chief judge may engage in the private practice of law.
(d) The chief judge shall serve a term of four years, coincident with the term of the mayor, but may be removed for cause by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission.
(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 his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall have been a member of the State Bar of Georgia for a minimum of three years.
(c) Compensation of the chief judge and other judges shall be fixed by the city council. The position of chief judge shall not be a full-time position, and the person serving as chief judge may engage in the private practice of law.
(d) The chief judge shall serve a term of four years, coincident with the term of the mayor, but may be removed for cause by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission.
(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 his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 3.14 of this charter.
SECTION
5.12.
Convening of court.
Convening of court.
The
municipal court shall be convened at regular intervals as provided by
ordinance.
SECTION
5.13.
Powers.
Powers.
(a)
The municipal court shall try and punish violations of this charter, all city
ordinances, and such other violations as provided by
law.
(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal court.
(c) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and imprisonment or alternative sentencing, provided that such fines or imprisonment does not exceed the statutory limits as now exist or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior 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 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 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.
(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 shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated.
(h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
(b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed the statutory limits for fines and imprisonment for such municipal court.
(c) The municipal court may fix punishment for offenses within its jurisdiction, including both fines and imprisonment or alternative sentencing, provided that such fines or imprisonment does not exceed the statutory limits as now exist or hereafter provided by law.
(d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior 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 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 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.
(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 shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated.
(h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
SECTION
5.14.
Certiorari.
Certiorari.
The
right of certiorari from the decision and judgment of the municipal court shall
exist in all criminal cases and ordinance violation cases, and such certiorari
shall be obtained under the sanction of a judge of the Superior Court of Fulton
County, under the laws of the State of Georgia regulating the granting and
issuance of writs of certiorari.
SECTION
5.15.
Rules.
Rules.
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 superior courts. The rules and regulations made or
adopted shall be filed with the city clerk, shall be available for public
inspection, and, upon request, shall be furnished to all defendants in municipal
court proceedings at least 48 hours prior to said proceedings.
ARTICLE
VI
FINANCE
SECTION 6.10.
Property tax.
FINANCE
SECTION 6.10.
Property tax.
The
city council may assess, levy, and collect an ad valorem tax on all real and
personal property within the corporate limits of the city that is subject to
such taxation by the state and county. This tax is for the purpose of raising
revenues to defray the costs of operating the city government, of providing
governmental services, for the repayment of principal and interest on general
obligations, and for any other public purpose as determined by the city council
in its discretion.
SECTION
6.11.
Millage.
Millage.
(a)
The city council by ordinance shall establish a millage rate for the city
property tax, a due date, and the time period within which these taxes must be
paid. The city council by ordinance may provide for the payment of these taxes
by installments or in one lump sum, as well as authorize the voluntary payment
of taxes prior to the time when
due.
(b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731, unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the eligible voters of the city by referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax.
(b) For all years, the millage rate imposed for ad valorem taxes on real property shall not exceed 4.731, unless a higher millage rate is recommended by resolution of the city council and subsequently approved by a majority of the eligible voters of the city by referendum. This millage rate limit shall apply to the millage rate actually levied and shall not apply to the hypothetical millage rate computed under subsection (a) of Code Section 48-8-91 of the O.C.G.A., relating to conditions on imposition of the joint county and municipal sales tax.
SECTION
6.12.
Occupation taxes and business license fees.
Occupation taxes and business license fees.
The
city council by ordinance shall have the power to levy such occupation or
business taxes as are not denied by law. Such taxes may be levied on both
individuals and corporations who transact business in this city or who practice
or offer to practice any profession or calling within the city to the extent
such persons have a constitutionally sufficient nexus to this city to be so
taxed. The city council may classify businesses, occupations, professions, or
callings for the purpose of such taxation in any way which may be lawful and may
compel the payment of such taxes as provided in Section 6.18 of this
charter.
SECTION
6.13.
Licenses.
Licenses.
The
city council by ordinance shall have the power to require any individual or
corporation who transacts business in this city or who practices or offers to
practice any profession or calling within the city to obtain a license or permit
for such activity from the city and pay a reasonable fee for such license or
permit where such activities are not now regulated by general law in such a way
as to preclude city regulations. Such fees may reflect the total cost to the
city of regulating the activity and, if unpaid, shall be collected as provided
in Section 6.18 of this charter. The city council by ordinance may establish
reasonable requirements for obtaining or keeping such licenses as the public
health, safety, and welfare necessitate.
SECTION
6.14.
Franchises.
Franchises.
The
city council shall have the power to grant franchises for the use of this
citýs
streets and alleys for the purposes of railroads, street railways, telephone
companies, electric companies, cable television companies, gas companies,
transportation companies, and other similar organizations. The city council
shall determine the duration, terms, whether the same shall be exclusive or
nonexclusive, and the consideration for such franchises; provided, however, that
no franchise shall be granted for a period in excess of 35 years and no
franchise shall be granted unless the city receives just and adequate
compensation therefor. The city council shall provide for the registration of
all franchises with the city clerk in a registration book kept by the clerk. The
city council may provide by ordinance for the registration within a reasonable
time of all franchises previously granted.
SECTION
6.15.
Utilities/infrastructure fees.
Utilities/infrastructure fees.
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 or outside the corporate limits of
the city for the total cost to the city of providing or making available such
services. If unpaid, such charges shall be collected as provided in Section
6.18 of this charter.
SECTION
6.16.
Roads.
Roads.
The
city council by ordinance shall have the power to assess, charge, and collect
the costs of constructing, reconstructing, widening, or improving any public
way, street, sidewalk, curbing, gutters, sewers, or other utility mains and
appurtenances from the abutting property owners under such terms and conditions
as are reasonable. If unpaid, such charges shall be collected as provided in
Section 6.18 of this charter.
SECTION
6.17.
Other taxes.
Other taxes.
This
city shall be empowered to levy any other tax 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.
Collection of delinquent taxes.
The
city council by ordinance may provide generally for the collection of delinquent
taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of
this charter by whatever reasonable means as are not precluded by law. This
shall include providing for the dates when the taxes or fees are due, late
penalties or interest, issuance and execution of fi. fas., creation and priority
of liens, making delinquent taxes and fees personal debts of the persons
required to pay the taxes or fees imposed, revoking city licenses for failure to
pay any city taxes or fees, and providing for the assignment or transfer of tax
executions.
SECTION
6.19.
Borrowing.
Borrowing.
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.
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.
Loans.
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.
Accounting and budgeting.
Accounting and budgeting.
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
6.23.
Budget ordinance.
Budget ordinance.
The
city council shall provide an ordinance on the procedures and requirements for
the preparation and execution of an annual operating budget, a capital
improvement program, and a capital budget, including requirements as to the
scope, content, and form of such budgets and programs. The city council shall
comply with the provisions of Chapter 81 of Title 36 of the
O.C.G.A.
SECTION
6.24.
Operating budget.
Operating budget.
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 city manager shall submit to the city
council a proposed operating budget for the ensuing fiscal year. The budget
shall be accompanied by a message from the city manager containing a statement
of the general fiscal policies of the city, the important features of the
budget, explanations of major changes recommended for the next fiscal year, a
general summary of the budget, and such other comments and information as the
city manager may deem pertinent. The operating budget, the capital improvements
budget, the budget message, and all supporting documents shall be filed in the
office of the city clerk and shall be open to public inspection.
SECTION
6.25.
Adoption.
Adoption.
(a)
The city council may amend the operating budget proposed by the city manager,
except that the budget as finally amended and adopted must provide for all
expenditures required by state law or by other provisions of this charter and
for all debt service requirements for the ensuing fiscal year. The total
appropriations from any fund shall not exceed the estimated fund balance,
reserves, and revenues.
(b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.
(b) After the conducting of a budget hearing, the city council shall adopt the final operating budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.
SECTION
6.26.
Levy of taxes.
Levy of taxes.
Following
adoption of the operating budget, 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 expense
of the general government of this city.
SECTION
6.27.
Changes in budget.
Changes in budget.
The
city council by majority vote may make changes in the appropriations contained
in the current operating budget at any regular meeting or special or emergency
meeting called for such purposes.
SECTION
6.28.
Capital improvements.
Capital improvements.
(a)
On or before the date fixed by the city council, but not later than 60 days
prior to the beginning of each fiscal year, the city manager shall submit to the
city council a proposed capital improvements budget with any recommendations as
to the means of financing the improvements proposed for the ensuing year. The
city council shall have the power to accept, with or without amendments, or
reject the proposed program and proposed means of financing. The city council
shall not authorize an expenditure for the construction of any building,
structure, work, or improvement, unless the appropriations for such project are
included in the capital improvements budget, except to meet a public emergency
as provided in Section 3.17 of this
charter.
(b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.
(b) After the conducting of a public hearing, the city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year on or before a date fixed by ordinance of the council. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by any recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the city council.
SECTION
6.29.
Audits.
Audits.
There
shall be an annual independent audit of all city accounts, funds, and financial
transactions by a certified public accountant selected by the city council. The
audit shall be conducted according to generally accepted accounting principles.
Any audit of any funds by the state or federal government may be accepted as
satisfying the requirements of this charter. Copies of all audit reports shall
be available at printing costs to the public.
SECTION
6.30.
Procurement and property management.
Procurement and property management.
No
contract with the city shall be binding on the city unless:
(1)
It is in writing;
(2)
It is drawn or submitted and reviewed by the city attorney and, as a matter of
course, is signed by the city attorney to indicate such drafting or review;
and
(3)
It is made or authorized by the city council and such approval is entered in the
city council journal of proceedings pursuant to Section 3.14 of this
charter.
SECTION
6.31.
Purchasing.
Purchasing.
The
city council shall by ordinance prescribe procedures for a system of centralized
purchasing for the city.
SECTION
6.32.
Sale of property.
Sale of property.
(a)
The city council may sell and convey any real or personal property owned or held
by the city for governmental or other purposes as now or hereafter provided by
law, as well as any abandoned or surplus
property.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request 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 execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon request 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 execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. 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.
SECTION
6.33.
General homestead exemption.
General homestead exemption.
(a)
As used in this section, the term:
(1)
"Ad valorem taxes for municipal purposes" means all ad valorem taxes for
municipal purposes levied by, for, or on behalf of the City of Johns Creek,
except for any ad valorem taxes to pay interest on and to retire municipal
bonded indebtedness.
(2)
"Homestead" means homestead as defined and qualified in Code Section 48-5-40 of
the O.C.G.A., as amended.
(b)
Each resident of the City of Johns Creek is granted an exemption on that
persońs
homestead from City of Johns Creek ad valorem taxes for municipal purposes in
the amount of $15,000.00 of the assessed value of that homestead. The value of
that property in excess of such exempted amount shall remain subject to
taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persońs agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persońs agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION
6.34.
General homestead exemption for citizens age 65 or over.
General homestead exemption for citizens age 65 or over.
(a)
As used in this section, the term:
(1)
"Ad valorem taxes for municipal purposes" means all ad valorem taxes for
municipal purposes levied by, for, or on behalf of the City of Johns Creek
except for any ad valorem taxes to pay interest on and to retire municipal
bonded indebtedness.
(2)
"Homestead" means homestead as defined and qualified in Code Section 48-5-40 of
the O.C.G.A., as amended.
(3)
"Senior citizen" means a person who is 65 years of age or over on or before
January 1 of the year in which application for the exemption under subsection
(b) of this section is made.
(b)
Each resident of the City of Johns Creek who is a senior citizen is granted an
exemption on that
persońs
homestead from City of Johns Creek ad valorem taxes for municipal purposes in
the amount of $15,000.00 of the assessed value of that homestead. The value of
that property in excess of such exempted amount shall remain subject to
taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persońs agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the persońs age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persońs agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the persońs age and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION
6.35.
Homestead exemption for citizens age 65 or over
meeting certain income requirements.
Homestead exemption for citizens age 65 or over
meeting certain income requirements.
(a)
As used in this section, the term:
(1)
"Ad valorem taxes for municipal purposes" means all ad valorem taxes for
municipal purposes levied by, for, or on behalf of the City of Johns Creek,
including, but not limited to, any ad valorem taxes to pay interest on and to
retire municipal bonded indebtedness.
(2)
"Homestead" means homestead as defined and qualified in Code Section 48-5-40 of
the O.C.G.A., as amended.
(3)
"Income" means adjusted gross income as such term is defined in the Internal
Revenue Code of 1986, as such code is defined in Code Section 48-1-2 of the
O.C.G.A., except that for purposes of this section the term shall include only
that portion of income or benefits received as retirement, survivor, or
disability benefits under the federal Social Security Act or under any other
public or private retirement, disability, or pension system which exceeds the
maximum amount which may be received by an individual and an
individuaĺs
spouse under the federal Social Security Act.
(4)
"Senior citizen" means a person who is 65 years of age or over on or before
January 1 of the year in which application for the exemption under subsection
(b) of this section is made.
(b)
Each resident of the City of Johns Creek who is a senior citizen is granted an
exemption on that
persońs
homestead from City of Johns Creek ad valorem taxes for municipal purposes in
the amount of $10,000.00 of the assessed value of that homestead. The exemption
granted by this subsection shall only be granted if that
persońs
income, together with the income of the spouse who also occupies and resides at
such homestead does not exceed the maximum amount which may be received by an
individual and an
individuaĺs
spouse under the federal Social Security Act for the immediately preceding year.
The value of that property in excess of such exempted amount shall remain
subject to taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persońs agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the persońs age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persońs agent files an application with the governing authority of the City of Johns Creek, or the designee thereof, giving the persońs age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Johns Creek, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Johns Creek, or the designee thereof, shall provide application forms for this purpose.
(d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Johns Creek, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
SECTION
6.36.
Homestead exemption for citizens age 70 or over
and disabled persons meeting certain income requirements.
Homestead exemption for citizens age 70 or over
and disabled persons meeting certain income requirements.
(a)
As used in this section, the term:
(1)
"Ad valorem taxes for municipal purposes" means all ad valorem taxes for
municipal purposes levied by, for, or on behalf of the City of Johns Creek,
including, but not limited to, any ad valorem taxes to pay interest on and to
retire municipal bonded indebtedness.
(2)
"Homestead" means homestead as defined and qualified in Code Section 48-5-40 of
the O.C.G.A., as amended.
(3)
"Income" means adjusted gross income determined pursuant to the Internal Revenue
Code of 1986, as amended, for federal income tax purposes, except that for the
purposes of this section the term shall include only that portion of income or
benefits received as retirement, survivor, or disability benefits under the
federal Social Security Act or under any other public or private retirement,
disability, or pension system which exceeds the maximum amount which may be
received by an individual and an
individuaĺs
spouse under the federal Social Security Act.
(4)
"Senior citizen" means a person who is 70 years of age or over on or before
January 1 of the year in which application for the exemption under subsection
(b) of this section is made.
(b)
Each resident of the City of Johns Creek who is a senior citizen or who is
disabled is granted an exemption on that
persońs
homestead from City of Johns Creek ad valorem taxes for municipal purposes for
the full value of that homestead. The exemption granted by this subsection
shall only be granted if that
persońs
income, together with the income of the spouse who also occupies and resides at
such homestead does not exceed the maximum amount which may be received by an
individual and an
individuaĺs
spouse under the federal Social Security Act for the immediately preceding
year.
(c)(1)
In order to qualify for the exemption provided for in subsection (b) of this
section as being disabled, the person claiming such exemption shall be required
to obtain a certificate from not more than three physicians licensed to practice
medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying
that in the opinion of such physician or physicians such person is mentally or
physically incapacitated to the extent that such person is unable to be
gainfully employed and that such incapacity is likely to be permanent. Such
certificate or certificates shall constitute part of and be submitted with the
application provided for in paragraph (2) of this subsection.
(2)
A person shall not receive the homestead exemption granted by subsection (b) of
this section unless the person or
persońs
agent files an application with the governing authority of the City of Johns
Creek, or the designee thereof, giving the
persońs
age, income, and such additional information relative to receiving such
exemption as will enable the governing authority of the City of Johns Creek, or
the designee thereof, to make a determination regarding the initial and
continuing eligibility of such owner for such exemption. The governing
authority of the City of Johns Creek, or the designee thereof, shall provide
application forms for this purpose.
(d)
The exemption shall be claimed and returned as provided in Code Section
48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically
renewed from year to year so long as the owner occupies the residence as a
homestead. After a person has filed the proper application, as provided in
subsection (c) of this section, it shall not be necessary to make application
thereafter for any year and the exemption shall continue to be allowed to such
person. It shall be the duty of any person granted the homestead exemption
under subsection (b) of this section to notify the governing authority of the
City of Johns Creek, or the designee thereof, in the event that person for any
reason becomes ineligible for that
exemption.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
(e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes.
(f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007.
ARTICLE
VII
GENERAL PROVISIONS
SECTION 7.10.
Bonds for officials.
GENERAL PROVISIONS
SECTION 7.10.
Bonds for officials.
The
officers and employees of this city, both elected and appointed, shall execute
such surety or fidelity bonds in such amounts and upon such terms and conditions
as the city council shall from time to time require by ordinance or as may be
provided by law.
SECTION
7.11.
Charter language on other general matters.
Charter language on other general 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
7.12.
Definitions and construction.
Definitions and 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.
(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
7.13.
Qualified electors.
Qualified electors.
(a)
For the purposes of the referendum elections provided for in Section 7.14 of
this Act the qualified electors shall be those qualified electors of Fulton
County residing within the areas described in Appendixes A and B of this
charter.
(b) For the purposes of the special election to be held on the Tuesday after the first Monday in November, 2006, the qualified electors shall be those qualified electors of Fulton County residing within the City of Johns Creek, as determined according to the results of the election provided for in Section 7.14 of this Act.
(c) At subsequent municipal elections, the qualified electors of the City of Johns Creek shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(d) Only for the purpose of holding and conducting the referendum election provided for by Section 7.14 of this Act and only for the purpose of holding and conducting the special election of the City of Johns Creek to be held on the Tuesday after the first Monday in November, 2006, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of Johns Creek and the powers and duties of the governing authority of the City of Johns Creek.
(b) For the purposes of the special election to be held on the Tuesday after the first Monday in November, 2006, the qualified electors shall be those qualified electors of Fulton County residing within the City of Johns Creek, as determined according to the results of the election provided for in Section 7.14 of this Act.
(c) At subsequent municipal elections, the qualified electors of the City of Johns Creek shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."
(d) Only for the purpose of holding and conducting the referendum election provided for by Section 7.14 of this Act and only for the purpose of holding and conducting the special election of the City of Johns Creek to be held on the Tuesday after the first Monday in November, 2006, the election superintendent of Fulton County is vested with the powers and duties of the election superintendent of the City of Johns Creek and the powers and duties of the governing authority of the City of Johns Creek.
SECTION
7.14.
Referendum.
Referendum.
(a)
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the
election superintendent of Fulton County shall call two special elections for
the purpose of submitting this Act to the qualified voters, as provided in
subsection (a) of Section 7.13 of this charter, for approval or rejection. The
superintendent shall set the date of such elections for the date of the general
primary in 2006. The superintendent shall issue the call for such elections at
least 30 days prior to the date thereof. The superintendent shall cause the
date and purpose of the elections to be published once a week for two weeks
immediately preceding the date thereof in the official organ of Fulton County.
The ballot shall have written or printed thereon the words:
|
"( ) YES
( ) NO
|
Shall
the creation of the City of Johns Creek and the granting of the homestead
exemptions described in the Act creating the City of Johns Creek be
approved?"
|
All
persons desiring to vote for approval of the Act shall vote "Yes," and those
persons desiring to vote for rejection of the Act shall vote "No." The expense
of the special elections set forth in this section shall be borne by Fulton
County. It shall be the duty of the superintendent to hold and conduct such
elections. It shall be his or her further duty to certify the results thereof to
the Secretary of State.
(b) One special election provided for in subsection (a) of this section shall be held and conducted in the area described in Appendix A of this charter and one such special election shall be held in the area described in Appendix B of this charter. The votes of each special election shall be counted separately, and the results shall be as follows:
(b) One special election provided for in subsection (a) of this section shall be held and conducted in the area described in Appendix A of this charter and one such special election shall be held in the area described in Appendix B of this charter. The votes of each special election shall be counted separately, and the results shall be as follows:
(1)
If more than one-half of the votes cast on such question in the special election
in the area described in Appendix A of this charter are for approval of the Act,
it shall become of full force and effect and the territorial limits of the city
shall include the area described in Appendix A of this charter. Otherwise, if
one-half or less of the votes cast on such question in the special election in
the area described in Appendix A of this charter are for approval of the Act it
shall thereafter be void and of no force or effect, regardless of the outcome of
the special election in the area described in Appendix B of this charter;
and
(2)
If more than one-half of the votes cast on such question in the special election
in the area described in Appendix A of this charter are for approval of the Act
and more than one-half of the votes cast on such question in the special
election in the area described in Appendix B of this charter are for approval of
the Act, the territorial limits of the city shall include the area described in
Appendix B of this charter as well as the area described in Appendix A of this
charter. If more than one-half of the votes cast on such question in the
special election in the area described in Appendix A of this charter are for
approval of the Act and one-half or less of the votes cast on such question in
the special election in the area described in Appendix B of this charter are for
approval of the Act, the territorial limits of the city shall include the area
described in Appendix A but shall not include the area described in Appendix B
of this charter.
SECTION
7.15.
Effective dates.
Effective dates.
(a)
Sections 1.10 and 1.11 of this Act and those provisions of the Act necessary for
the special election provided for in Section 7.14 of this charter shall become
effective immediately upon this
Act́s
approval by the Governor or upon its becoming law without such approval.
(b) Those provisions of this Act necessary for the special election to be held on the Tuesday after the first Monday in November, 2006, as provided by Article II of this charter shall be effective upon the certification of the results of the referendum election provided for by Section 7.14 of this charter, if this Act is approved at such referendum election.
(c) The remaining provisions of this Act shall become of full force and effect for all purposes on December 1, 2006, except that the initial mayor and councilmembers shall take office immediately following their election and by action of a quorum may prior to December 1, 2006, meet and take actions binding on the city.
(b) Those provisions of this Act necessary for the special election to be held on the Tuesday after the first Monday in November, 2006, as provided by Article II of this charter shall be effective upon the certification of the results of the referendum election provided for by Section 7.14 of this charter, if this Act is approved at such referendum election.
(c) The remaining provisions of this Act shall become of full force and effect for all purposes on December 1, 2006, except that the initial mayor and councilmembers shall take office immediately following their election and by action of a quorum may prior to December 1, 2006, meet and take actions binding on the city.
SECTION
7.16.
Transition.
Transition.
(a)
A period of time will be needed for an orderly transition of various government
functions from Fulton County to the City of Johns Creek. Accordingly there shall
be a transition period beginning on December 1, 2006, and ending at midnight on
November 30, 2008. During such transition period, all provisions of this
charter shall be effective as law, but not all provisions of this charter shall
be implemented.
(b) During such transition period, Fulton County shall continue to provide within the territorial limits of Johns Creek all government services and functions which Fulton County provided in that area at the time of enactment of this charter and at actual cost as provided pursuant to Code Section 36-31-8 of the O.C.G.A., except to the extent otherwise provided in this section; provided, however, that upon at least 30 dayś written notice to Fulton County by the City of Johns Creek, responsibility for any such service or function shall be transferred to the City of Johns Creek. Effective December 1, 2006, the City of Johns Creek shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of Johns Creek. Where a particular tax, fee, assessment, fine, forfeiture, or other amount collected is specifically related to the provision of a particular government service or function by Fulton County, the service or function shall continue to be provided by the county contingent upon payment by the city of the actual cost of providing such service or function unless otherwise provided in a written agreement between the city and the county. Any existing contract for the performance of a governmental service with a private person residing or doing business within the city limits shall not be altered or adversely affected by the establishment by this Act of the City of Johns Creek.
(c) During the transition period, the governing authority of the City of Johns Creek:
(b) During such transition period, Fulton County shall continue to provide within the territorial limits of Johns Creek all government services and functions which Fulton County provided in that area at the time of enactment of this charter and at actual cost as provided pursuant to Code Section 36-31-8 of the O.C.G.A., except to the extent otherwise provided in this section; provided, however, that upon at least 30 dayś written notice to Fulton County by the City of Johns Creek, responsibility for any such service or function shall be transferred to the City of Johns Creek. Effective December 1, 2006, the City of Johns Creek shall collect taxes, fees, assessments, fines and forfeitures, and other moneys within the territorial limits of Johns Creek. Where a particular tax, fee, assessment, fine, forfeiture, or other amount collected is specifically related to the provision of a particular government service or function by Fulton County, the service or function shall continue to be provided by the county contingent upon payment by the city of the actual cost of providing such service or function unless otherwise provided in a written agreement between the city and the county. Any existing contract for the performance of a governmental service with a private person residing or doing business within the city limits shall not be altered or adversely affected by the establishment by this Act of the City of Johns Creek.
(c) During the transition period, the governing authority of the City of Johns Creek:
(1)
Shall hold regular meetings and may hold special meetings as provided in this
charter;
(2)
May enact ordinances and resolutions as provided in this charter;
(3)
May amend this charter by home rule action as provided by general
law;
(4)
May accept gifts and grants;
(5)
May borrow money and incur indebtedness to the extent authorized by this charter
and general law;
(6)
May levy and collect an ad valorem tax for calendar years 2007 and
2008;
(7)
May establish a fiscal year and budget;
(8)
May create, alter, or abolish departments, boards, offices, commissions, and
agencies of the city; appoint and remove officers and employees; and exercise
all necessary or appropriate personnel and management functions;
and
(9)
May generally exercise any power granted by this charter or general law, except
to the extent that a power is specifically and integrally related to the
provision of a governmental service, function, or responsibility not yet
provided or carried out by the city.
(d)
Except as otherwise provided in this section, during the transition period the
Municipal Court of the City of Johns Creek shall not exercise its jurisdiction.
During the transition period, all ordinances of Fulton County shall remain
applicable within the territorial limits of Johns Creek and the appropriate
court or courts of Fulton County shall retain jurisdiction to enforce such
ordinances. Upon notice by the City of Johns Creek, Fulton County shall
transfer all or part of such regulatory authority and the appropriate court
jurisdiction to the City of Johns Creek as contained in such notice. Any
transfer of jurisdiction to the City of Johns Creek during or at the end of the
transition period shall not in and of itself abate any judicial proceeding
pending in Fulton County or the pending prosecution of any violation of any
ordinance of Fulton County.
(e) During the transition period, the governing authority of Johns Creek may at any time, without the necessity of any agreement by Fulton County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of Johns Creek commencing to exercise its planning and zoning powers, the Municipal Court of the City of Johns Creek shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section.
(f) Effective upon the termination of the transition period, subsections (b) through (e) of this section shall cease to apply except for the last sentence of subsection (d) which shall remain effective. Effective upon the termination of the transition period, the City of Johns Creek shall be a full functioning municipal corporation and subject to all general laws of this state.
(e) During the transition period, the governing authority of Johns Creek may at any time, without the necessity of any agreement by Fulton County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of Johns Creek commencing to exercise its planning and zoning powers, the Municipal Court of the City of Johns Creek shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section.
(f) Effective upon the termination of the transition period, subsections (b) through (e) of this section shall cease to apply except for the last sentence of subsection (d) which shall remain effective. Effective upon the termination of the transition period, the City of Johns Creek shall be a full functioning municipal corporation and subject to all general laws of this state.
SECTION
7.17.
Directory nature of dates.
Directory nature of dates.
It
is the intention of the General Assembly that this Act be construed as directory
rather than mandatory with respect to any date prescribed in this Act. If it is
necessary to delay any action called for in this Act for providential cause,
delay in securing approval under the federal Voting Rights Act, or any other
reason, it is the intention of the General Assembly that the action be delayed
rather than abandoned. Any delay in performing any action under this Act,
whether for cause or otherwise, shall not operate to frustrate the overall
intent of this Act. Without limiting the generality of the foregoing it is
specifically provided that:
(1)
If it is not possible to hold the referendum election provided for in Section
7.14 of this Act on the date specified in that section, then such referendum
shall be held as soon thereafter as is reasonably practicable; and
(2)
If it is not possible to hold the first municipal election provided for in
Section 2.11 of this Act on the date specified in that section, then there shall
be a special election for the initial members of the governing authority to be
held as soon thereafter as is reasonably practicable, and the commencement of
the initial terms of office shall be delayed accordingly.
SECTION
7.18.
Charter commission.
Charter commission.
At
the first regularly scheduled city council meeting, five years after the
inception of the City of Johns Creek, the mayor and city council shall create a
charter commission to review the
citýs
experience and recommend to the General Assembly any changes to the city
charter. All members of the charter commission must reside in the City of Johns
Creek. The commission must complete the recommendations within six months of its
creation.
SECTION
7.19.
Severability.
Severability.
In
the event any section, subsection, sentence, clause, or phrase of this Act shall
be declared or adjudged invalid or unconstitutional, such adjudication shall in
no manner affect the other sections, subsections, sentences, clauses, or phrases
of this Act, which shall remain of full force and effect, as if the section,
subsection, sentence, clause, or phrase so declared or adjudged invalid or
unconstitutional were not originally a part hereof. The General Assembly hereby
declares that it would have passed the remaining parts of this Act if it had
known that such part or parts hereof would be declared or adjudged invalid or
unconstitutional.
SECTION
7.20.
General repealer.
General repealer.
All
laws and parts of laws in conflict with this Act are repealed.
APPENDIX
A
The
corporate limits of the City of Johns Creek shall consist of that portion of
Fulton County described as follows:
APPENDIX
B
APPENDIX
C
CERTIFICATE
AS TO MINIMUM STANDARDS
FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION
I,
Representative Mark Burkhalter, Georgia State Representative from the 50th
District and the author of this bill introduced at the 2006 Session of the
General Assembly of Georgia, which grants an original municipal charter to the
City of Johns Creek do hereby certify that this bill is in compliance with the
minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This
certificate is executed to conform to the requirements of Code Section 36-31-5
of the O.C.G.A.
So
certified, this ______ day of ____________________, 20__.
________________________________
Representative,
50th District
Georgia
House of Representatives