10 LC 35
1856/AP
House
Bill 1489 (AS PASSED HOUSE AND SENATE)
By:
Representative Carter of the
175th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a new charter for the City of Remerton; to provide for incorporation,
boundaries, and powers of the city; to provide for a governing authority of such
city and the powers, duties, authority, election, terms, vacancies,
compensation, expenses, qualifications, prohibition, conflicts of interest, and
suspension and removal from office relative to members of such governing
authority; to provide for inquiries and investigations; to provide for oaths,
organization, meetings, quorum, voting, rules, and procedures; to provide for
ordinances and codes; to provide for a city manager and certain duties, powers,
and other matters relative thereto; to provide for a mayor and mayor pro tempore
and certain duties, powers, and other matters relative thereto; to provide for
administrative affairs and responsibilities; to provide for boards, commissions,
and authorities; to provide for a city attorney, a city clerk, a city auditor,
and other personnel and matters relating thereto; to provide for rules and
regulations; to provide for a municipal court and the judge or judges thereof
and other matters relative to those judges; to provide for the court's
jurisdiction, powers, practices, and procedures; to provide for the right of
certiorari; to provide for elections; to provide for taxation, licenses, and
fees; to provide for franchises, service charges, and assessments; to provide
for bonded and other indebtedness; to provide for auditing, accounting,
budgeting, and appropriations; to provide for city contracts and purchasing; to
provide for the conveyance of property and interests therein; to provide for
bonds for officials; to provide for prior ordinances, rules and regulations,
pending matters, and existing personnel; to provide for penalties; to provide
for definitions and construction; to provide for other matters relative to the
foregoing; to repeal a specific Act; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I.
INCORPORATION, POWERS, AND NAME
INCORPORATION, POWERS, AND NAME
SECTION
1.10.
Name.
Name.
The
city and inhabitants thereof, are reincorporated by the enactment of this
charter and are hereby constituted and declared a body politic and corporate
under the name and style Remerton, Georgia and by that name shall have perpetual
succession.
SECTION
1.11.
Corporate boundaries.
Corporate boundaries.
(a)
The boundaries of this city shall be those existing on the effective date of the
adoption of this charter with such alterations as may be made from time to time
in the manner provided by law. The boundaries of this city at all times shall
be shown on a map, a written description or any combination thereof, to be
retained permanently in the office of City Clerk and to be designated, as the
case may be: "Official Map of the corporate limits of the City of Remerton,
Georgia." Photographic, typed, or other copies of such map or description
certified by the city clerk shall be admitted as evidence in all courts and
shall have the same force and effect as with the original map or
description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION
1.12.
Powers and construction.
Powers and construction.
(a)
This city shall have all powers possible for a city to have under the present or
future Constitution and laws of this state as fully and completely as though
they were specifically enumerated in this charter. This city shall have all the
powers of self-government not otherwise prohibited by this charter or by general
law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.
SECTION
1.13.
Examples of powers.
Examples of powers.
The
city shall have the following powers:
(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 or bodies
of water 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 charter.
(3)
Appropriations and expenditures. To make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes
authorized by this charter and for any purpose for which a municipality is
authorized by the laws of the state of Georgia; and to provide for the payment
of expenses of the city.
(4)
Building regulation. To regulate and to license the erection and construction
of buildings and all other structures; to adopt building, housing, plumbing,
electrical, gas, and heating and air conditioning codes; and to regulate all
housing and building trades.
(5)
Business regulation and taxation. To levy and to provide for collection of
license fees and taxes on privileges, occupations, trades, and professions as
authorized by Title 48 of the O.C.G.A. or such other applicable laws as are or
may hereafter be enacted; to license and regulate the same; to provide for the
manner and method of payment of such licenses and taxes; and to revoke such
licenses after due process for failure to pay any city taxes or
fees.
(6)
Condemnation. To condemn property, inside or outside the corporate limits of
the city, for present or future use and for any corporate purpose deemed
necessary by the governing authority, utilizing procedures enumerated in Title
22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be
enacted.
(7)
Contracts. To enter into contracts and agreements with other governmental
entities and with private persons, firms, and corporations.
(8)
Emergencies. To establish procedures for determining and proclaiming that an
emergency situation exists within or outside the city and to make and carry out
all reasonable provisions deemed necessary to deal with or meet such an
emergency for the protection, safety, health, or well-being of the citizens of
the city.
(9)
Eminent domain. To acquire, construct, operate, and maintain public ways,
parks, public grounds, cemeteries, markets, market houses, public buildings,
libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas
systems, airports, hospitals, and charitable, educational, recreational, sport,
curative, corrective, detentional, penal, and medical institutions, agencies,
and facilities, and any other public improvements inside or outside the city and
to regulate the use thereof and, for such purposes, property may be condemned
under procedures established under general law applicable now or as provided in
the future.
(10)
Environmental protection. To protect and preserve the natural resources,
environment, and vital areas of the state through the preservation and
improvement of air quality, the restoration and maintenance of water resources,
the control of erosion and sedimentation, the management of solid and hazardous
waste, and other necessary actions for the protection of the
environment.
(11)
Fire regulations. To fix and establish fire districts and from time to time to
extend, enlarge, or restrict the same; to prescribe fire safety regulations not
inconsistent with general law, relating to both fire prevention and detection
and to fire fighting; and to prescribe penalties and punishment for violations
thereof.
(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 in the city benefiting
from such services; to enforce the payment of such charges, taxes, or fees; and
to provide for the manner and method of collection such services
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 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 and to
provide for the enforcement of such standards.
(16)
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 or other public property in the city; to provide for
commitment of such persons to any jail; or to provide for commitment of such
persons to any county work camp or county jail by agreement with the appropriate
county officials.
(17)
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.
(18)
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.
(19)
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 venue authorized by this charter or the laws of the State
of Georgia.
(20)
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.
(21)
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.
(22)
Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and
dispose of public utilities, including, but not limited to, a system of
waterworks, sewers and drains, sewage disposal, gas works, electric light
plants, cable television and other telecommunications, transportation
facilities, public airports, and any other public utility; and to fix the taxes,
charges, rates, fares, fees, assessments, regulations, and penalties and to
provide for the withdrawal of service for refusal or failure to pay the
same.
(23)
Telecommunications. To acquire, own, hold, lease, sell, resell, build,
maintain, operate and contract with respect to a telecommunications system
network in order to provide telecommunications services and other similar
services, including cable television services (CATV), internet services; to
establish and charge rates, fees, tolls and charges for the services, facilities
or commodities furnished or made available by such undertaking; to interconnect
its system or services or both with the systems or services of consumers and
other providers, to use telecommunications to respond to community needs,
encourage the development of information-based organizations in the City of
Remerton, Georgia, to finance from time to time any such telecommunications
systems through the issuance of revenue bonds as then permitted by the
Constitution and laws of the State of Georgia; and to make any contract with
respect to and furnish the services of any said systems to consumers within or
outside the corporate limits of the city.
(24)
Nuisance. To define a nuisance and provide for its abatement whether on public
or private property.
(25)
Penalties. To provide penalties for violation of any ordinance 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 aesthetically
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 firefighting 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 and playgrounds, recreational
facilities, cemeteries, markets and market houses, public buildings, libraries,
public housing, airports, hospitals, terminals, docks, parking facilities, or
charitable, cultural, educational, recreational, conservation, sports, curative,
corrective, detention, penal, and medical institutions, agencies, and
facilities; and to provide any other public improvements, inside or outside the
corporate limits of the city; to regulate the use of public improvements; and,
for such purposes, property may be acquired by condemnation under Title 22 of
the O.C.G.A. or such other applicable laws as are now 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 standards and conditions of service applicable to the service to be provided
by the franchise grantee or contractor, insofar as not in conflict with valid
regulations of the Georgia Public Service Commission.
(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, within 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 grant franchises and rights of way throughout the streets and roads and
over the bridges and viaducts for the use of public utilities; and to require
real estate owners to repair and maintain in a safe condition the sidewalks
adjoining their lots or lands and to impose penalties for failure to do
so.
(36)
Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the
acquiring, constructing, equipping, operating, maintaining, and extending of a
sewage disposal plant and sewerage system and to levy on those to whom sewers
and sewerage systems are made available a sewer service fee, charge, or sewer
tax for the availability or use of the sewers; to provide for the manner and
method of collecting such service charges and for enforcing payment of the same;
and to charge, impose, and collect a sewer connection fee or fees to those
connected with the system.
(37)
Solid waste disposal. To provide for the collection and disposal of garbage,
rubbish, and refuse and to regulate the collection and disposal of garbage,
rubbish, and refuse by others; and to provide for the separate collection of
glass, tin, aluminum, cardboard, paper, and other recyclable materials and to
provide for the sale of such items.
(38)
Special areas of public regulation. To regulate or prohibit junk dealers, pawn
shops, the manufacture, sale or transportation of intoxicating liquors or
alcoholic beverages, and the use and sale 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 performers,
exhibitors, and shows of any kind, by taxation or otherwise; and to license,
tax, regulate, or prohibit professional fortunetelling, palmistry, adult
bookstores, and massage parlors.
(39)
Special assessments. To levy and provide for the collection of special
assessments to cover the costs for any public improvements.
(40)
Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation,
and collection of taxes on all property subject to taxation.
(41)
Taxes: other. To levy and collect such other taxes as may be allowed now or in
the future by law.
(42)
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.
(43)
Urban redevelopment. To organize and operate an urban redevelopment
program.
(44)
Other powers. To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or protect the
safety, health, peace, security, good order, comfort, convenience, or general
welfare of the city and its inhabitants; and to exercise all implied powers
necessary to execute all powers granted in this charter as fully and completely
as if such powers were fully stated in this charter; and to exercise all powers
now or in the future authorized to be exercised by other municipal governments
under other laws of the State of Georgia; and no listing of particular powers in
this charter shall be held to be exclusive of others, nor restrictive of general
words and phrases granting powers, but shall be held to be in addition to such
powers unless expressly prohibited to municipalities under the Constitution or
applicable laws of the State of Georgia.
SECTION
1.14.
Exercise of powers.
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
GOVERNMENT STRUCTURE
SECTION
2.10.
City council; creation; number; election.
City council; creation; number; election.
The
legislative authority of the government of this city, except as otherwise
specifically provided in this charter, shall be vested in a city council to be
composed of a mayor and five councilmembers. The city council established in
this charter shall in all respects be a successor to and continuation of the
city governing authority under prior law. The mayor and councilmembers shall be
elected in the manner provided by this charter.
SECTION
2.11.
City councilmembers; terms and qualifications for office.
City councilmembers; terms and qualifications for office.
The
mayor and councilmembers shall be elected to four-year staggered terms of office
and shall serve until their respective successors are elected and qualified. No
person shall be eligible to serve as mayor or councilmember unless:
(1)
That person is a minimum of 21 years of age;
(2)
That person has been a resident of the city for one year prior to the date of
being sworn in to office; and
(3)
That person is a registered and qualified voter of the city at the time of
qualifying for office.
SECTION
2.12.
Vacancy; filling of vacancies; suspensions.
Vacancy; filling of vacancies; suspensions.
(a)
Vacancies. The office of mayor or councilmember shall become vacant upon such
person's failing or ceasing to reside in the city or upon the occurrence of any
event specified by the Constitution, Title 45 of the O.C.G.A., or such other
applicable laws as are or may be hereafter
enacted.
(b) Filling of Vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. Appointments made hereunder shall be by majority vote of the remaining members of the city council.
(c) Suspension. Upon the suspension from the 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 for the remainder of the unexpired term, if any, as provided for in this charter.
(b) Filling of Vacancies. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted. Appointments made hereunder shall be by majority vote of the remaining members of the city council.
(c) Suspension. Upon the suspension from the 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 for the remainder of the unexpired term, if any, as provided for in this charter.
SECTION
2.13.
Compensation and expenses.
Compensation and expenses.
The
mayor and councilmembers shall receive compensation and expenses for their
services as provided by ordinance.
SECTION
2.14.
Conflicts of interest; holding other offices.
Conflicts of interest; holding other offices.
(a)
Elected and appointed officers of the city are trustees and servants of the
residents of the city and shall act in a fiduciary capacity for the benefit of
such residents.
(b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(b) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1)
Engage in any business or transaction or have a financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge of
that person's official duties or which would tend to impair the independence of
that person's judgment or action in the performance of that person's official
duties;
(2)
Engage in or accept private employment or render services for private interest
when such employment or service is incompatible with the proper discharge of
that person's official duties or would tend to impair the independence of that
person's judgment or action in the performance of that person's official
duties;
(3)
Disclose confidential information, including information obtained at meetings
which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning
the property, government, or affairs of the governmental body by which that
person is engaged without proper legal authorization or use such information to
advance the financial or other private interest of that person or
others;
(4)
Accept any valuable gift, whether in the form of service, loan, thing, or
promise, from any person, firm, or corporation which to that person's knowledge
is interested, directly or indirectly, in any manner whatsoever, in business
dealings with the governmental body by which that person is engaged; provided,
however, that an elected official who is a candidate for public office may
accept campaign contributions and services in connection with any such
campaign;
(5)
Represent other private interests in any action or proceeding against this city
or any portion of its government; or
(6)
Vote or otherwise participate in the negotiation or in the making of any
contract with any business or entity in which that person has a financial
interest.
(c)
Disclosure. Any elected official, appointed officer, or employee who shall have
any private financial interest, directly or indirectly, in any contract or
matter pending before or within any department of the 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 that person shall disqualify himself or herself from
participating in any decision or vote relating thereto. Any elected official,
appointed officer, or employee of any agency or political entity to which this
charter applies who shall have any private financial interest, directly or
indirectly, in any contract or matter pending before or within such entity shall
disclose such private interest to the governing body of such agency or
entity.
(d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council.
(f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected.
(g) Political activities of certain officers and employees. No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city of any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and the city council either immediately upon election or at any time such conflict may arise.
(h) Penalties for violation. Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position.
(i) Any officer or employee of the city who shall forfeit that person's office or position shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years hereafter.
(d) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council.
(f) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the city until one year after the expiration of the term for which that person was elected.
(g) Political activities of certain officers and employees. No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city of any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and the city council either immediately upon election or at any time such conflict may arise.
(h) Penalties for violation. Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position.
(i) Any officer or employee of the city who shall forfeit that person's office or position shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years hereafter.
SECTION
2.15.
Inquiries and investigations.
Inquiries and investigations.
Following
the adoption of an authorizing resolution, the city council may make inquiries
and investigations into the affairs of the city and conduct of any department,
office, or agency thereof and for this purpose may subpoena witnesses,
administer oaths, take testimony, and require the production of evidence. Any
person who fails or refuses to obey a lawful order issued in the exercise of
these powers by the city council shall be punished as may be provided by
ordinance.
SECTION
2.16.
General power and authority of the city council.
General power and authority of the city council.
(a)
Except as otherwise provided by law or this charter, the city council shall be
vested with all the powers of government of this
city.
(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Remerton and may enforce such ordinances by imposing penalties for violation thereof.
(b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Remerton and may enforce such ordinances by imposing penalties for violation thereof.
SECTION
2.17.
Organizational meetings.
Organizational meetings.
The
city council shall hold an organizational meeting on the first Tuesday in
January following the election of city officials. The meeting shall be called
to order by the city attorney and the oath of office shall be administered to
the newly elected members as follows:
"I
do solemnly (swear)(affirm) that I will faithfully perform the duties of
(mayor)(councilmember) of this city and that I will support and defend the
charter thereof as well as the Constitution and laws of the State of Georgia and
the United States of America."
SECTION
2.18.
Meetings.
Meetings.
(a)
The city council shall hold regular meetings at such times and places as
prescribed by ordinance.
(b) Special meetings of the city council may be held on the call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
(b) Special meetings of the city council may be held on the call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION
2.19.
Rules of procedure.
Rules of procedure.
(a)
The city council shall adopt its rules of procedure and order of business
consistent with the provisions of this charter and shall provide for keeping a
journal of its proceedings, which shall be a public
record.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the city council and shall serve at the pleasure of the city council, all determined by majority vote of the city council.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the city council and shall serve at the pleasure of the city council, all determined by majority vote of the city council.
SECTION
2.20.
Quorum; voting.
Quorum; voting.
(a)
Three councilmembers shall constitute a quorum and shall be authorized to
transact business of the city council. Voting on the adoption of ordinances
shall be by voice vote and the vote shall be recorded in the journal, but
councilmembers shall have the right to request a roll-call vote and such vote
shall be recorded in the journal. Except as otherwise provided in this charter,
the affirmative vote of three councilmembers shall be required for the adoption
of any ordinance, resolution, or
motion.
(b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.
(c) In the case of a tie vote by council members, the mayor shall cast the deciding vote.
(b) No member of the city council shall abstain from voting on any matter properly brought before the council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.
(c) In the case of a tie vote by council members, the mayor shall cast the deciding vote.
SECTION
2.21.
Ordinance form; procedures.
Ordinance form; procedures.
(a)
Every proposed ordinance should be introduced in writing and in the form
required for final adoption. No ordinance shall contain a subject which is not
expressed in its title. The enacting clause shall be "It is hereby ordained by
the governing authority of the City of Remerton..." and every ordinance shall so
begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular, special, or work meeting of the city council where an agenda applies. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.23 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and 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 any councilmember and be read at a regular, special, or work meeting of the city council where an agenda applies. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.23 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION
2.22.
Action requiring an ordinance.
Action requiring an ordinance.
Acts
of the city council which have the force and effect of law shall be enacted by
ordinance.
SECTION
2.23.
Emergencies.
Emergencies.
(a)
To meet a public emergency affecting life, health, property, or public peace,
the city council may convene on the call of the mayor, city manager, or three
councilmembers and may promptly adopt an emergency ordinance, but such ordinance
may not levy taxes; grant, renew, or extend a franchise; regulate the rate
charged by any public utility for its services; or authorize the borrowing of
money except for loans to be repaid within 30 days. An emergency ordinance
shall be introduced in the form prescribed for ordinances generally, except that
it shall be plainly designated as an emergency ordinance and shall contain,
after the enacting clause, a declaration stating that an emergency exists and
describing the emergency in clear and specific terms. An emergency ordinance
may be adopted, with or without amendment, or rejected at the meeting at which
it is introduced, but the affirmative vote of at least three councilmembers
shall be required for adoption. It shall become effective upon adoption or at
such later time as it may specify. Every emergency ordinance shall
automatically stand repealed 30 days following the date upon which it was
adopted, but this shall not prevent reenactment of the ordinance in the manner
specified in this section if the emergency continues to exist. An emergency
ordinance may also be repealed by adoption of a repealing ordinance in the same
manner specified in this section for adoption of emergency
ordinances.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION
2.24.
Codes of technical regulations.
Codes of technical regulations.
(a)
The city council may adopt any standard code of technical regulations by
reference thereto in adopting an ordinance. The procedure and requirements
governing such adopting ordinance shall be as prescribed for ordinances
generally except that:
(1)
The requirements of subsection (b) of Section 2.21 of this charter for
distribution and filing of copies of the ordinance shall be construed to include
copies of any code of technical regulations, as well as the adopting ordinance;
and
(2)
A copy of each adopted code of technical regulations, as well as the adopting
ordinance, shall be authenticated and recorded by the city clerk pursuant to
Section 2.25 of this charter.
(b)
Copies of any adopted code of technical regulations shall be made available by
the city clerk for inspection by the public.
SECTION
2.25.
Signing; authenticating; recording; codification; printing.
Signing; authenticating; recording; codification; printing.
(a)
The clerk shall authenticate by the clerk's signature and record in full in a
properly indexed book kept for that purpose all ordinances adopted by the city
council.
(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Remerton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed as soon as practicable following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Remerton, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed as soon as practicable following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION
2.26.
City manager; appointment; qualifications; compensation.
City manager; appointment; qualifications; compensation.
The
city council shall appoint a city manager for an indefinite term and shall fix
the city manager's compensation. The city manager shall be appointed solely on
the basis of that person's executive and administrative
qualifications.
SECTION
2.27.
Powers and duties of the city manager.
Powers and duties of the city manager.
The
city manager shall be the chief executive and administrative officer of the
city. The city manager shall be responsible to the city council for the
administration of all city affairs placed in the city manager's charge by or
under this charter. The city manager shall:
(1)
Appoint and, when the city manager deems it necessary for the good of the city,
suspend or remove all city employees and administrative officers the city
manager appoints; provided, however, any department head suspended or removed by
the city manager shall have the right to appeal said suspension or removal in
accordance with Section 3.10 of this charter. The city manager may authorize
any administrative officer who is subject to the city manager's direction and
supervision to exercise these powers with respect to subordinates in that
officer's department, office, or agency;
(2)
Direct and supervise the administration of all departments, office and agencies
of the city, except as otherwise provided by this charter or by
law;
(3)
Attend all city council meetings except for closed meetings held for the
purposes of deliberating on the appointment, discipline or removal of the city
manager and have the right to take part in discussion but not vote;
(4)
See that all laws, provisions of this charter, and acts of the city council,
subject to enforcement by the city manager or by officers subject to the city
manager's direction and supervision, are faithfully executed;
(5)
Prepare and submit the annual operating budget and capital budget to the city
council;
(6)
Submit to the city council and make available to the public a complete report on
the finances and administrative activities of the city as of the end of each
fiscal year;
(7)
Make such other reports as the city council may require concerning the
operations of the city departments, offices, and agencies subject to the city
manager's direction and supervision;
(8)
Keep the city council fully advised as to the financial condition and future
needs of the city, and make such recommendations to the city council concerning
the affairs of the city as the city manager deems desirable;
(9)
Notwithstanding the powers and duties enumerated in this Section, specifically
excepted from the powers and duties of the city manager is the power and duty to
direct, supervise, or oversee, in any fashion, the administration of the police
department of the City of Remerton, which shall, in all respects, be governed by
the chief of police, under the direction and supervision of the city council.
The chief of police shall be appointed by the city council from time to time and
shall be removed pursuant to the same procedure for removal of the city manager
under Section 2.28 of this charter; and
(10)
Perform other such duties as are specified in this charter or as may be required
by the city council.
SECTION
2.28.
Removal of city manager.
Removal of city manager.
The
city council may remove the city manager from office or otherwise terminate the
city manager's employment at will for any reason or for no reason at all,
provided that the city council shall provide the city manager written notice of
its decision to remove or terminate the city manager at least ten days in
advance of the date set for removal or termination. The city council may
suspend the city manager, with or without pay, simultaneous with its decision
until the removal or termination date.
SECTION
2.29.
Acting city manager.
Acting city manager.
The
mayor shall exercise the powers and perform the duties of city
manager:
(1)
Upon the removal of the city manager pursuant to Section 2.28 of this charter;
or
(2)
During the city manager's temporary absence or disability.
During
such period of removal or absence or disability, the city council may revoke the
mayor's authority to act as city manager, upon the vote of at least three
councilmembers, and appoint another officer of the city to serve as acting city
manager until a new city manager is appointed or until the city manager shall
return or the city manager's disability shall cease.
SECTION
2.30.
Council's interaction with administration.
Council's interaction with administration.
Except
for the purpose of inquiries and investigations under Section 2.15 of this
charter, neither the city council nor its individual members shall give orders
or instructions to any city officer or employee who is subject to and
subordinate to the direction and supervision of the city manager. The mayor and
each individual council member may inquire and seek information from any city
officer or employee at any time, but all orders and instructions to city
officers and city employees from the mayor and council shall be directed to the
city manager.
SECTION
2.31.
Election of Mayor; qualifications; forfeiture; compensation.
Election of Mayor; qualifications; forfeiture; compensation.
The
mayor shall be elected and serve for a term of four years and until the mayor's
successor is elected and qualified. The mayor is subject to the same
qualifications of councilmembers as set forth in Section 2.11 of this charter.
The mayor shall forfeit that office on the same grounds and under the same
procedure as for council members. The compensation of the mayor shall be
established in the same manner as for councilmembers.
SECTION
2.32.
Powers and duties of mayor.
Powers and duties of mayor.
The
mayor shall:
(1)
Preside at all meetings of the city council, but the mayor shall have a vote
only in the case of a tie vote by council members;
(2)
Be the head of the city for the purpose of service of process and for ceremonial
purposes, and be the official spokesperson for the city and the chief advocate
of policy;
(3)
Have power to administer oaths and to take affidavits;
(4)
Sign as a matter of course on behalf of the city all written and approved
contracts, ordinances, and other instruments executed by the city which by law
are required to be in writing; and
(5)
Serve as acting city manager under the terms and conditions as specified in
Section 2.29 of this charter.
SECTION
2.33.
Mayor pro tempore.
Mayor pro tempore.
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 the mayor's physical or mental disability, suspension from office,
or absence. Any such disability or absence shall be declared by a majority vote
of the city council. The mayor pro tempore shall sign all contracts and
ordinances in which the mayor has a disqualifying financial interest as provided
in Section 2.14. When acting as mayor, the mayor pro tempore shall continue to
have only one vote as a member of the council.
ARTICLE
III
ADMINISTRATIVE AFFAIRS
ADMINISTRATIVE AFFAIRS
SECTION
3.10.
Administrative and service departments.
Administrative and service departments.
(a)
Except as otherwise provided in this charter, the city council by ordinance
shall prescribe the functions or duties and establish, abolish, alter,
consolidate, or leave vacant all nonelective offices, positions of employment,
departments, and agencies of the city as necessary for the proper administration
of the affairs and government of this
city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of 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 budget resolution or ordinance establishing position classifications and pay plans.
(d) There shall be a director or department head of each department or agency who shall be its principal officer. Each director or department head shall, subject to the direction and supervision of the city manager or the city council, as the case may be, be responsible for the administration and direction of the affairs and operations of that director or department head's department or agency.
(e) A director or department head removed or suspended by the city manager pursuant to Section 2.27 of this charter shall have the right to appeal said suspension or removal by filing with the city council an appeal, in writing, fully stating the reasons for said appeal, no later than 15 days after the date such suspension or removal is to take effect. If the appeal is timely filed, the city council shall have 15 days after the date of filing to consider the appeal and set a hearing, which shall be open to the public and presided over by the city attorney; provided, however, the hearing shall in no event be set later than 30 days after the date such suspension or removal is to take effect. The city council shall have 15 days following the hearing to make a final determination. Any director or department head who appeals pursuant to this section is determined to be suspended with pay.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by the budget resolution or ordinance establishing position classifications and pay plans.
(d) There shall be a director or department head of each department or agency who shall be its principal officer. Each director or department head shall, subject to the direction and supervision of the city manager or the city council, as the case may be, be responsible for the administration and direction of the affairs and operations of that director or department head's department or agency.
(e) A director or department head removed or suspended by the city manager pursuant to Section 2.27 of this charter shall have the right to appeal said suspension or removal by filing with the city council an appeal, in writing, fully stating the reasons for said appeal, no later than 15 days after the date such suspension or removal is to take effect. If the appeal is timely filed, the city council shall have 15 days after the date of filing to consider the appeal and set a hearing, which shall be open to the public and presided over by the city attorney; provided, however, the hearing shall in no event be set later than 30 days after the date such suspension or removal is to take effect. The city council shall have 15 days following the hearing to make a final determination. Any director or department head who appeals pursuant to this section is determined to be suspended with pay.
SECTION
3.11.
Boards, commissions, and authorities.
Boards, commissions, and authorities.
(a)
The city council shall create by ordinance such boards, commissions, and
authorities to fulfill any investigative, quasi-judicial, or quasi-legislative
function the city council deems necessary and shall by ordinance establish the
composition, period of existence, duties, and powers
thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office 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. The city council may also by ordinance provide for liability coverage for all members of any board, commission, or authority while such members are conducting official business of the city.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office; such oath shall be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office at will by a majority vote of the members 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 chair and one member as vice-chair and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. The city council may also by ordinance provide for liability coverage for all members of any board, commission, or authority while such members are conducting official business of the city.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office; such oath shall be prescribed by ordinance and administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from office at will by a majority vote of the members 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 chair and one member as vice-chair and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION
3.12.
City attorney.
City attorney.
The
city council shall appoint a city attorney, together with such assistant city
attorneys as may be authorized, and shall provide for the payment of such
attorney or attorneys for service rendered to the city. The city attorney shall
be responsible for providing for the representation and defense of the city in
all litigation in which the city is a party; may be the judge of the municipal
court or may be the prosecuting officer in the municipal courts, but may not be
both; shall attend the meetings of the city council as directed; shall advise
the city council and other officers and employees of the city concerning legal
aspects of the city's affairs; shall administer the oath of office to each
member of the city council, including the mayor; shall draft or review every
ordinance submitted to the city council and, as a matter of course, shall sign
each such ordinance indicating such drafting or review; and shall perform such
other duties as may be required of the city attorney by virtue of such person's
position as city attorney.
SECTION
3.13.
City clerk.
City clerk.
The
city manager shall appoint a city clerk who shall:
(1)
Be responsible for keeping and preserving the city seal and all records of the
city council;
(2)
Attend all meetings of the city council and keep minutes of the proceeding at
such meetings;
(3)
Perform such other duties as may be required by the city council or the city
manager; and
(4)
Collect 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 by the city.
SECTION
3.14.
City auditor.
City auditor.
The
city council may appoint a city auditor to perform the duties of an
accountant.
SECTION
3.15.
Position classification and pay plans.
Position classification and pay plans.
The
city manager shall be responsible for the preparation of a position
classification and pay plan which shall be submitted to the city council for
approval. Such plan may apply to all employees of the city and any of its
agencies, departments, boards, commissions, or authorities. When a pay plan has
been adopted, the city council shall not increase or decrease the salary range
applicable to any position except by amendment of such pay plan. For purposes
of this section, elected and appointed city officials are not city employees.
The city manager, city attorney, and city auditor shall receive such
compensation as provided by the city council which appoints them to their
respective offices.
SECTION
3.16.
Personnel policies.
Personnel policies.
All
employees serve at will and may be removed from office at any time unless
otherwise provided by ordinance. The city manager shall be responsible for the
preparation of personnel policies which shall be submitted to the city council
for approval. Personnel policies shall be adopted consistent with this charter
concerning:
(1)
The method of employee selection and probationary periods of
employment;
(2)
The administration of the position classification and pay plan, methods of
promotion and application of service rating thereto, and transfer of employees
within the classification plan;
(3)
Hours of work, vacation, sick leave, and other leaves of absence, overtime pay,
and the order and manner in which layoffs shall be effected;
(4)
Such dismissal hearings as due process may require; and
(5)
Such other personnel notices as may be necessary to provide for adequate and
systematic handling of personnel affairs.
ARTICLE
IV
JUDICIAL BRANCH
JUDICIAL BRANCH
SECTION
4.10.
Creation; name.
Creation; name.
There
shall be a court to be known as the Municipal Court of the City of
Remerton.
SECTION
4.11.
Chief judge; associate judge.
Chief judge; associate judge.
(a)
The municipal court shall be presided over by a chief judge and such part-time,
full-time, or stand-by judges as shall be provided by
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. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given by the city clerk, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered in the minutes of the city council journal.
(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. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given by the city clerk, that such judge will honestly and faithfully discharge the duties of the judge's office to the best of the judge's ability and without fear, favor, or partiality. The oath shall be entered in the minutes of the city council journal.
SECTION
4.12.
Convening.
Convening.
The
municipal court shall be convened at regular intervals as provided by
ordinance.
SECTION
4.13.
Jurisdiction; powers.
Jurisdiction; powers.
(a)
The municipal court shall try and punish violations of this charter, all city
ordinances, and such other violations as provided by
law.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $300.00 or ten days in jail.
The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 12 months or both, or may fix punishment by fine, imprisonment, or alternative sentencing, in the maximum amount as is now and hereafter provided by law.
(c) The municipal court shall have authority to establish a schedule of fees to defray the cost of operations and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
(d) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charges with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before the hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(e) 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.
(f) 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 and executed by any officer as authorized by this charter or by law.
(g) 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.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $300.00 or ten days in jail.
The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 12 months or both, or may fix punishment by fine, imprisonment, or alternative sentencing, in the maximum amount as is now and hereafter provided by law.
(c) The municipal court shall have authority to establish a schedule of fees to defray the cost of operations and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
(d) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charges with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two days before the hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(e) 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.
(f) 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 and executed by any officer as authorized by this charter or by law.
(g) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION
4.14.
Certiorari.
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 Lowndes
County under the laws of the State of Georgia regulating the granting and
issuance of writs of certiorari.
SECTION
4.15.
Rules for court.
Rules for court.
With
the approval of the city council, the judge shall have full power and authority
to make reasonable rules and regulations necessary and proper to secure the
efficient and successful administration of the municipal court; provided,
however, that the city council may adopt in part or in total the rules and
regulations applicable to municipal courts. The rules and regulations made or
adopted shall be filed with the city clerk, shall be available for public
inspection, and upon request, a copy shall be furnished to all defendants in
municipal court proceedings at least 48 hours prior to such
proceedings.
ARTICLE
V
ELECTIONS
ELECTIONS
SECTION
5.10.
Applicability of general law.
Applicability of general law.
All
primaries and elections shall be held and conducted in accordance with O.C.G.A.
Section 21-2-1 et seq., the "Georgia Municipal Election Code," as now or
hereafter amended.
SECTION
5.11.
Election of the city council and mayor.
Election of the city council and mayor.
(a)
There shall be a municipal general election held biennially in the odd years on
the Tuesday next following the first Monday in
November.
(b) The mayor and five councilmembers elected at the general municipal election in November 2007, shall serve for and during the four-year terms for which they were elected and until their successors are elected and qualified. Of the five persons elected as councilmembers for terms beginning January 1, 2012, at the general municipal election in 2011, the three elected councilmembers who receive the least number of votes shall serve for terms of two years each and until their successors are elected and qualified; and the two other councilmembers and the mayor elected at the general municipal election in 2011 shall serve for terms of four years each and until their successors are elected and qualified; and all shall take office on the first day of January following their elections. Thereafter, all successors to the mayor and five councilmembers shall serve for terms of four years each and until their successors are elected and qualified, and all shall take office on the first day of January following their elections.
(b) The mayor and five councilmembers elected at the general municipal election in November 2007, shall serve for and during the four-year terms for which they were elected and until their successors are elected and qualified. Of the five persons elected as councilmembers for terms beginning January 1, 2012, at the general municipal election in 2011, the three elected councilmembers who receive the least number of votes shall serve for terms of two years each and until their successors are elected and qualified; and the two other councilmembers and the mayor elected at the general municipal election in 2011 shall serve for terms of four years each and until their successors are elected and qualified; and all shall take office on the first day of January following their elections. Thereafter, all successors to the mayor and five councilmembers shall serve for terms of four years each and until their successors are elected and qualified, and all shall take office on the first day of January following their elections.
SECTION
5.12.
Nonpartisan elections.
Nonpartisan elections.
Political
parties shall not conduct primaries for city offices and all names of candidates
for city offices shall be listed without party designations.
SECTION
5.13.
Election by majority vote.
Election by majority vote.
The
mayor and city council shall be elected by a majority vote of the votes cast for
each position.
SECTION
5.14
Special elections; vacancies.
Special elections; vacancies.
In
the event that the office of mayor or councilmember shall become vacant for any
cause whatsoever, the city council or a majority of those remaining shall order
a special election to fill the balance of the unexpired term of such official;
provided, however if such vacancy occurs within 12 months of the expiration of
the term of that office, the city council or a majority of those members
remaining shall appoint a successor for the remainder of the term. In all other
aspects, the special election shall be held and conducted in accordance with
O.C.G.A. Section 21-2-1 et seq., the "Georgia Municipal Election Code," as now
or hereafter amended.
SECTION
5.15.
Other provisions.
Other provisions.
Except
as otherwise provided by this charter, the city council shall, by ordinance,
prescribe such rules and regulations as it deems appropriate to fulfill any
options and duties under O.C.G.A. Section 21-2-1 et seq., the "Georgia Municipal
Election Code."
SECTION
5.16.
Removal of officers.
Removal of officers.
(a)
A councilmember, the mayor, or other appointed officers provided for in this
charter shall be removed for any one or more of the causes provided in Title 45
of the O.C.G.A. or such other applicable laws as are or may hereafter be
enacted.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1)
Following a hearing at which an impartial panel shall render a decision. In the
event an elected officer is sought to be removed by the action of the city
council, such officer shall be entitled to a written notice specifying the
ground or grounds for removal and to a public hearing which shall be held not
less than ten days after the service of such written notice. The City council
shall provide by ordinance for the manner in which such hearing shall be held.
Any elected officer sought to be removed from office as provided in this section
shall have the right to appeal from the decision of the city council to the
Superior Court of Lowndes County. Such appeal shall be governed by the same
rules as govern appeals to the superior court form the probate court;
or
(2)
By an order of the Superior Court of Lowndes County following a hearing on a
complaint seeking such removal brought by any resident of the City of
Remerton.
ARTICLE
VI
FINANCE
FINANCE
SECTION
6.10.
Property tax.
Property tax.
The
city council may assess, levy, and collect an ad valorem tax on all real and
personal property within the corporate limits of the city that is subject to
such taxation by the state and county. This tax is for the purpose of raising
revenues to defray the costs of operating the city government, of providing
governmental services, for the repayment of principal and interest on general
obligations, and for any other public purpose as determined by the city council
in its discretion.
SECTION
6.11.
Millage rate; due dates; payment methods.
Millage rate; due dates; payment methods.
The
city council by ordinance shall establish a millage rate for the city property
tax, a due date, and the time period within which these taxes must be paid. The
city council by ordinance may provide for the payment of these taxes by
installments or in one lump sum, as well as authorize voluntary payment of taxes
prior to the time when due.
SECTION
6.12.
Occupation and business taxes.
Occupation and business taxes.
The
city council by ordinance shall have the power to levy such occupation or
business taxes as are not denied by law. The city council may classify
businesses, occupations, or professions for the purpose of such taxation in any
way which may be lawful and may compel the payment of such taxes as provided in
Section 6.18 of this charter.
SECTION
6.13.
Licenses; permits; fees.
Licenses; permits; fees.
The
city council by ordinance shall have the power to require any individuals or
corporations who transact business in this city to obtain a permit for such
activity from the city and pay a regulatory fee for such permit as provided by
general law. Such fees may reflect the total cost to the City of Remerton of
regulating the activity and, if unpaid, shall be collected as provided in
Section 6.18 of this charter.
SECTION
6.14.
Franchises.
Franchises.
(a)
The city council shall have the power to grant franchises for the use of this
city's streets and alleys for the purposes of railroads, street railways,
telephone companies, electric companies, electric membership companies, cable
television and other telecommunications companies, gas companies, transportation
companies, and other similar organizations. The city council shall determine
the duration, terms, whether the same shall be exclusive or nonexclusive, and
the consideration for such franchises; provided, however, no franchise shall be
granted for a period in excess of 35 years and no franchise shall be granted
unless the city receives just and adequate compensation therefor. The city
council shall provide for the registration of all franchises with the city clerk
in a registration book kept by the city clerk. The city council may provide by
ordinance for the registration within a reasonable time of all franchises
previously granted.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION
6.15.
Services charges.
Services charges.
The
city council shall have the power to assess and collect fees, charges, and tolls
for sewers, sanitary and health services, or any other services provided or made
available within and outside the corporate limits of the city for the total cost
to the City of Remerton of providing or making available such services. If
unpaid, such charges shall be colleted as provided in Section 6.18 of this
charter.
SECTION
6.16.
Special Assessments.
Special Assessments.
The
city council by ordinance shall have the power to assess and collect the cost of
constructing, reconstructing, widening, or improving any public way, street,
sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances
from the abutting property owners under such terms and conditions as are
reasonable. If unpaid, such charges shall be collected as provided in Section
6.18 of this charter.
SECTION
6.17.
Construction; other taxes.
Construction; other taxes.
The
city shall be empowered to levy any other tax or fee allowed now or hereafter by
law, and the specific mention of any right, power, or authority in this article
shall not be construed as limiting in any way the general powers of this city to
govern its local affairs.
SECTION
6.18.
Collection of delinquent taxes and fees.
Collection of delinquent taxes and fees.
The
city council by ordinance may provide generally for the collection of delinquent
taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of
this charter by whatever reasonable means as are not precluded by law. This
shall include providing for the dates when the taxes or fees are due; late
penalties or interest; issuance and execution of fi.fa.'s; creation and priority
of liens; making delinquent taxes and fees personal debts of the persons
required to pay the taxes or fees imposed; revoking city licenses for failure to
pay any city taxes or fees; and providing for the assignment or transfer of tax
executions.
SECTION
6.19.
General obligation bonds.
General obligation bonds.
The
city council shall have the power to issue bonds for the purpose of raising
revenue to carry out any project, program, or venture authorized under this
charter or the laws of the state. Such bonding authority shall be exercised in
accordance with the laws governing bond issuance by municipalities in effect at
the time such issue is undertaken.
SECTION
6.20.
Revenue bonds.
Revenue bonds.
Revenue
bonds may be issued by the city council as state law or hereafter provides.
Such bonds are to be paid out of any revenue produced by the project, program,
or venue for which they were issued.
SECTION
6.21.
Short-term loans.
Short-term loans.
The
city may obtain short-term loans and must repay such loans not later than
December 31 of each year, unless otherwise provided by law.
SECTION
6.22.
Lease-purchase contracts.
Lease-purchase contracts.
The
city may enter into multiyear lease, purchase, or lease-purchase contracts for
the acquisition of goods, materials, real and personal property, services, and
supplies, provided the contract terminates without further obligation on the
part of the municipality at the close of the calendar year in which it was
executed and at the close of each succeeding calendar year for which it may be
renewed. Contracts must be executed in accordance with the requirements of Code
Section 36-60-13 of the O.C.G.A., or other such applicable law as are or may
hereafter be enacted.
SECTION
6.23.
Fiscal year.
Fiscal year.
The
city council shall set the fiscal year by ordinance. This fiscal year shall
constitute the budget year and the year for financial accounting and reporting
of each and every office, department, agency, and activity of the city
government.
SECTION
6.24.
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 plan, and a capital budget, including requirements as to the scope,
content, and form of such budgets and plans. The city council shall also comply
with the budgeting and auditing provisions of Chapter 81 of Title 36 of the
O.C.G.A.
SECTION
6.25.
Operating budget.
Operating budget.
On
or before the date fixed by the city council but not later than 15 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 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 and the capital budget
provided for in Section 6.29 of this charter, the budget message, and all
supporting documents shall be filed in the office of the city clerk and shall be
open to public inspection.
SECTION
6.26.
Action by city council on budget.
Action by city council on budget.
(a)
The councilmembers may amend the operating budget proposed by the city manager,
except that the budget as finally amended and adopted must provide for all
expenditures required by state law or by other provisions of this charter and
for all debt service requirements for the ensuing fiscal year. The total
appropriations from any fund shall not exceed the estimated fund balance,
reserves, and revenues.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than May 15 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation of 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.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than May 15 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation of 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.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION
6.27.
Levy of taxes.
Levy of taxes.
The
city council shall levy by ordinance such taxes as are necessary. The taxes and
tax rates set by such ordinance shall be such that reasonable estimates of
revenues from such levy shall at least be sufficient, together with other
anticipated revenues, fund balances, and applicable reserves, to equal the total
amount appropriated for each of the several funds set forth in the annual
operating budget for defraying the expenses of the general government of this
city.
SECTION
6.28
Changes in appropriations.
Changes in appropriations.
The
city council by ordinance may make changes in the appropriations contained in
the current operating budget at any regular meeting or special or emergency
meeting called for such purpose, but any additional appropriations may be made
only from an existing unexpended surplus.
SECTION
6.29.
Capital improvements.
Capital improvements.
(a)
On or before the date fixed by the city council, but not later than 30 days
prior to the beginning of each fiscal year, the councilmembers shall consider a
capital improvements plan with a recommended capital budget containing the means
of financing the improvements proposed for the ensuing fiscal
year.
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than March 15 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than March 15 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION
6.30.
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 auditing principles.
Any audit of any funds by the state or federal governments may be accepted as
satisfying the requirements of this charter. Copies of annual audit reports
shall be available at printing costs to the public.
SECTION
6.31.
Contracts.
Contracts.
The
city manager shall examine all proposed contracts to which the City of Remerton
may be a party and shall prepare for the mayor's signature any contract
authorized by the city council. No contract with the city shall be binding on
the city unless:
(1)
It is in writing;
(2)
It is drawn by or submitted and reviewed by the city attorney and, as a matter
of course, is signed by the city attorney to indicate such drafting or review;
and
(3)
It is made or authorized by the city council and such approval is entered in the
city council journal of proceedings.
SECTION
6.32.
Purchasing.
Purchasing.
The
city council shall by ordinance prescribe procedures for a system of centralized
purchasing for the city.
SECTION
6.33.
Sale and lease of property.
Sale and lease of property.
(a)
The city council may sell and convey or lease any real or personal property
owned or held by the city for governmental or other purposes as now or hereafter
provided by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE
VII
MISCELLANEOUS
MISCELLANEOUS
SECTION
7.10.
Bonds for officials.
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 bylaw.
SECTION
7.11.
Prior ordinances.
Prior ordinances.
All
ordinances, resolutions, rules, and regulations now in force in the city not
inconsistent with this charter are declared valid and of full effect and force
until amended or repealed by the city council.
SECTION
7.12.
Existing personnel and officers.
Existing personnel and officers.
Except
as specifically provided otherwise by this charter, all personnel and officers
of this city and their rights, privileges, and powers shall continue beyond the
time this charter takes effect for a period of 90 days before or during which
time the existing city council shall pass a transition ordinance detailing the
changes in personnel and appointed officers required or desired and arranging
such titles, rights, privileges, and powers as may be required or desired to
allow a reasonable transition.
SECTION
7.13.
Pending matters.
Pending matters.
Except
as specifically provided otherwise by this charter, all rights, claims, actions,
orders, contracts, and legal or administrative proceedings shall continue and
any such ongoing work or cases shall be completed by such city agencies,
personnel, or offices as may be provided by the city council.
SECTION
7.14.
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 vise versa.
(d) Except as specifically provided otherwise by this charter, the terms "city council" and "councilmember" mean the members of the city council.
(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 vise versa.
(d) Except as specifically provided otherwise by this charter, the terms "city council" and "councilmember" mean the members of the city council.
SECTION
7.15.
Specific repealer.
Specific repealer.
An
act incorporating the Town of Remerton, Georgia, approved May 17, 2004 (Ga. L.
2004 p. 4088), is repealed in it entirety.
SECTION
7.16.
Effective date.
Effective date.
This
Act shall become effective upon its approval by the Governor or upon its
otherwise becoming law without such approval.
SECTION
7.17.
General repealer.
General repealer.
All
laws and parts of laws in conflict with this Act are repealed.