HB 1718 - Lake City, City of; new charter
Georgia House of Representatives - 1995/1996 Sessions
HB 1718 - Lake City, City of; new charter
1. Buckner 95th
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 93 Nays 3 Senate Vote: Yeas 49 Nays 0
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House Action Senate
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2/15/96 Read 1st Time 2/21/96
2/19/96 Read 2nd Time
2/20/96 Favorably Reported 3/5/96
2/20/96 Read 3rd Time
2/20/96 Passed/Adopted 3/5/96
4/2/96 Sent to Governor
4/4/96 Signed by Governor
794 Act/Veto Number
4/4/96 Effective Date
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Code Sections amended:
HB 1718 LC 25 0266
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the City of Lake City; to
1- 2 provide for reincorporation, boundaries, and powers of the
1- 3 city; to provide for a governing authority of such city and
1- 4 the powers, duties, authority, election, terms, vacancies,
1- 5 compensation, expenses, qualifications, prohibitions,
1- 6 conflicts of interest, and suspension and removal from
1- 7 office relative to members of such governing authority; to
1- 8 provide for inquiries and investigations; to provide for
1- 9 oaths, organization, meetings, quorum, voting, rules, and
1-10 procedures; to provide for ordinances and codes; to provide
1-11 for a city administrator and mayor and certain duties,
1-12 powers, and other matters relative thereto; to provide for
1-13 administrative affairs and responsibilities; to provide for
1-14 boards, commissions, and authorities; to provide for a city
1-15 attorney, a city clerk, a city treasurer, and other
1-16 personnel and matters relating thereto; to provide for rules
1-17 and regulations; to provide for a municipal court and the
1-18 judge or judges thereof and other matters relative to those
1-19 judges; to provide for the court's jurisdiction, powers,
1-20 practices, and procedures; to provide for the right of
1-21 certiorari; to provide for elections; to provide for
1-22 taxation, licenses, and fees; to provide for franchises,
1-23 service charges, and assessments; to provide for bonded and
1-24 other indebtedness; to provide for auditing, accounting,
1-25 budgeting, and appropriations; to provide for city contracts
1-26 and purchasing; to provide for the conveyance of property;
1-27 to provide for bonds for officials; to provide for prior
1-28 ordinances and rules and pending matters; to provide for
1-29 penalties; to provide for definitions and construction; to
1-30 provide for other matters relative to the foregoing; to
1-31 repeal a specific Act; to provide for submission for
1-32 approval pursuant to Section 5 of the federal Voting Rights
1-33 Act of 1965, as amended; to provide for an effective date;
1-34 to repeal conflicting laws; and for other purposes.
1-35 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
-1- (Index)
LC 25 0266
ARTICLE I
2- 1 INCORPORATION AND POWERS
2- 2 SECTION 1.10.
Name.
2- 3 The City of Lake City, in Clayton County, Georgia, is
2- 4 reincorporated by the enactment of this charter and is
2- 5 constituted and declared a body politic and corporate under
2- 6 the name and style City of Lake City, Georgia, and by that
2- 7 name shall have perpetual succession.
2- 8 SECTION 1.11.
2- 9 Corporate boundaries.
2-10 (a) The boundaries of this city shall be those existing on
2-11 the earliest effective date of the adoption of this charter
2-12 with such alterations as may be made from time to time in
2-13 the manner provided by law. The boundaries of this city at
2-14 all times shall be shown on a map, a written description, or
2-15 any combination thereof, to be retained permanently in the
2-16 office of the city clerk and to be designated, as the case
2-17 may be: "Official Map (or Description) of the corporate
2-18 limits of the City of Lake City, Georgia." Photographic,
2-19 typed, or other copies of such map or description certified
2-20 by the city clerk shall be admitted as evidence in all
2-21 courts and shall have the same force and effect as with the
2-22 original map or description.
2-23 (b) The city council may provide for the redrawing of any
2-24 such map by ordinance to reflect lawful changes in the
2-25 corporate boundaries. A redrawn map shall supersede for all
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2-27 replace.
2-28 SECTION 1.12.
2-29 Powers and construction.
2-30 (a) This city shall have all powers possible for a city to
2-31 have under the present or future Constitution and laws of
2-32 this state as fully and completely as though they were
2-33 specifically enumerated in this charter. This city shall
2-34 have all the powers of self-government not otherwise
2-35 prohibited by this charter or by general law.
2-36 (b) The powers of this city shall be construed liberally in
2-37 favor of the city. The specific mention or failure to
2-38 mention particular powers shall not be construed as limiting
2-39 in any way the powers of this city. These powers shall
2-40 include, but not be limited to, the following:
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LC 25 0266
3- 1 (1) Air and water pollution. To regulate the emission of
3- 2 smoke or other exhaust which pollutes the air and to
3- 3 prevent the pollution of natural streams or bodies of
3- 4 water within the corporate limits of the city;
3- 5 (2) Animal regulations. To regulate and license or to
3- 6 prohibit the keeping or running at large of animals and
3- 7 fowl and to provide for the impoundment of same if in
3- 8 violation of any ordinance or lawful order; to provide
3- 9 for the disposition by sale, gift, or humane destruction
3-10 of animals and fowl when not redeemed as provided by
3-11 ordinance; and to provide punishment for violation of
3-12 ordinances enacted under this charter;
3-13 (3) Appropriations and expenditures. To make
3-14 appropriations for the support of the government of the
3-15 city; to authorize the expenditure of money for any
3-16 purposes authorized by this charter and for any purpose
3-17 for which a municipality is authorized by the laws of
3-18 the State of Georgia; and to provide for the payment of
3-19 expenses of the city;
3-20 (4) Building regulation. To regulate and to license the
3-21 erection and construction of buildings and all other
3-22 structures; to adopt building, housing, plumbing,
3-23 electrical, gas, and heating and air-conditioning codes;
3-24 and to regulate all housing and building trades;
3-25 (5) Business regulation and taxation. To levy and to
3-26 provide for collection of taxes on privileges,
3-27 occupations, trades, and professions; to license and
3-28 regulate the same; to provide for the manner and method
3-29 of payment of regulatory fees and taxes; and to revoke
3-30 such licenses after due process for failure to pay any
3-31 city regulatory fees;
3-32 (6) Condemnation. To condemn property, inside or outside
3-33 the corporate limits of the city, for present or future
3-34 use and for any corporate purpose deemed necessary by
3-35 the governing authority, utilizing procedures enumerated
3-36 in Title 22 of the O.C.G.A. or such other applicable
3-37 laws as are now or may hereafter be enacted;
3-38 (7) Contracts. To enter into contracts and agreements
3-39 with other governmental entities and with private
3-40 persons, firms, and corporations;
3-41 (8) Emergencies. To establish procedures for determining
3-42 and proclaiming that an emergency situation exists
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LC 25 0266
4- 1 within or outside the city and to make and carry out all
4- 2 reasonable provisions deemed necessary to deal with or
4- 3 meet such an emergency for the protection, safety,
4- 4 health, or well-being of the citizens of the city;
4- 5 (9) Fire regulations. To fix and establish fire
4- 6 districts and from time to time to extend, enlarge, or
4- 7 restrict the same; to prescribe fire safety regulations
4- 8 not inconsistent with general law, relating to both fire
4- 9 prevention and detection and to fire fighting; and to
4-10 prescribe penalties and punishment for violations
4-11 thereof;
4-12 (10) Garbage and refuse; disposal; fees and taxes. To
4-13 provide for the collection and disposal of garbage,
4-14 rubbish, and refuse and to regulate the collection and
4-15 disposal of the same by others; to require use of city
4-16 solid waste services; to provide for the separate
4-17 collection of glass, tin, aluminum, cardboard, paper,
4-18 and other recyclable materials and to provide for the
4-19 sale of such materials; to levy, fix, assess, and
4-20 collect a garbage, refuse, and trash collection and
4-21 disposal and other sanitary service charge, tax, or fee
4-22 for such services as may be necessary in the operation
4-23 of the city from all individuals, firms, and
4-24 corporations residing in or doing business in the city
4-25 benefiting from such services; to enforce the payment of
4-26 such charges, taxes, or fees; and to provide for the
4-27 manner and method of collecting such service charges,
4-28 taxes, and fees;
4-29 (11) General health, safety, and welfare. To define,
4-30 regulate, and prohibit any act, practice, conduct, or
4-31 use of property which is detrimental to health,
4-32 sanitation, cleanliness, welfare, and safety of the
4-33 inhabitants of the city and to provide for the
4-34 enforcement of such standards;
4-35 (12) Gifts. To accept or refuse gifts, donations,
4-36 bequests, or grants from any source for any purpose
4-37 related to powers and duties of the city and the general
4-38 welfare of its citizens, on such terms and conditions as
4-39 the donor or grantor may impose;
4-40 (13) Health and sanitation. To prescribe standards of
4-41 health and sanitation and to provide for the enforcement
4-42 of such standards;
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5- 1 (14) Penalties; jail sentences. To provide penalties for
5- 2 violation of any ordinances adopted pursuant to the
5- 3 authority of this charter and the laws of the State of
5- 4 Georgia; to provide that persons given jail sentences in
5- 5 the municipal court may work out such sentences in any
5- 6 public works or on the streets, roads, drains, and
5- 7 squares or other public property in the city; to provide
5- 8 for commitment of such persons to any jail; or to
5- 9 provide for commitment of such persons to any county
5-10 work camp, county jail, or municipal jail by agreement
5-11 with the appropriate county or municipal officials;
5-12 (15) Motor vehicles. To regulate the operation of motor
5-13 vehicles and exercise control over all traffic,
5-14 including parking upon or across the streets, roads,
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5-16 (16) Municipal agencies and delegation of power. To
5-17 create, alter, or abolish departments, boards, offices,
5-18 commissions, and agencies of the city and to confer upon
5-19 such agencies the necessary and appropriate authority
5-20 for carrying out all the powers conferred upon or
5-21 delegated to the same;
5-22 (17) Municipal debts. To appropriate and borrow money
5-23 for the payment of debts of the city and to issue bonds
5-24 for the purpose of raising revenue to carry out any
5-25 project, program, or venture authorized by this charter
5-26 or the laws of the State of Georgia;
5-27 (18) Municipal property ownership. To acquire, dispose
5-28 of, and hold in trust or otherwise any real, personal,
5-29 or mixed property, in fee simple or lesser interest,
5-30 inside or outside the property limits of the city;
5-31 (19) Municipal property protection. To provide for the
5-32 preservation and protection of property and equipment of
5-33 the city and the administration and use of same by the
5-34 public; and to prescribe penalties and punishment for
5-35 violations thereof;
5-36 (20) Municipal utilities. To acquire, lease, construct,
5-37 operate, maintain, sell, and dispose of public
5-38 utilities, including but not limited to a system of
5-39 waterworks, sewers and drains, sewage disposal, gas
5-40 works, electric light plants, transportation facilities,
5-41 and any other public utility; and to fix the taxes,
5-42 charges, rates, fares, fees, assessments, regulations,
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6- 1 and penalties and to provide for the withdrawal of
6- 2 service for refusal or failure to pay the same;
6- 3 (21) Nuisance. To define a nuisance and provide for its
6- 4 abatement whether on public or private property;
6- 5 (22) Planning and zoning. To provide comprehensive city
6- 6 planning for development by zoning; and to provide
6- 7 subdivision regulation and the like as the city council
6- 8 deems necessary and reasonable to ensure a safe,
6- 9 healthy, and esthetically pleasing community;
6-10 (23) Police and fire protection. To exercise the power
6-11 of arrest through duly appointed police officers and to
6-12 establish, operate, or contract for a police and a
6-13 fire-fighting agency;
6-14 (24) Public hazards; removal. To provide for the
6-15 destruction and removal of any building or other
6-16 structure which is or may become dangerous or
6-17 detrimental to the public;
6-18 (25) Public improvements. To provide for the
6-19 acquisition, construction, building, operation, and
6-20 maintenance of public ways, parks and playgrounds,
6-21 recreational facilities, cemeteries, markets and market
6-22 houses, public buildings, libraries, public
6-23 transportation, public housing, terminals, parking
6-24 facilities, or charitable, cultural, educational,
6-25 recreational, conservation, sport, curative, corrective,
6-26 detentional, penal, and medical institutions, agencies,
6-27 and facilities; and to provide any other public
6-28 improvements, inside or outside the corporate limits of
6-29 the city; to provide for urban redevelopment; to provide
6-30 for public transportation; to regulate the use of public
6-31 improvements; and, for such purposes, property may be
6-32 acquired by condemnation under Title 22 of the O.C.G.A.
6-33 or such other applicable laws as are now or may
6-34 hereafter be enacted;
6-35 (26) Public peace. To provide for the prevention and
6-36 punishment of drunkenness, riots, and public
6-37 disturbances;
6-38 (27) Public utilities and services. To grant franchises
6-39 or make contracts for public utilities and public
6-40 services and to prescribe the rates, fares, regulations,
6-41 and standards and conditions of service applicable to
6-42 the service to be provided by the franchise grantee or
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7- 1 contractor, insofar as not in conflict with valid
7- 2 regulations of the Georgia Public Service Commission;
7- 3 (28) Regulation of roadside areas. To prohibit or
7- 4 regulate and control the erection, removal, and
7- 5 maintenance of signs, billboards, trees, shrubs, fences,
7- 6 buildings, and any and all other structures or
7- 7 obstructions upon or adjacent to the rights of way of
7- 8 streets and roads or within view thereof, within or
7- 9 abutting the corporate limits of the city; and to
7-10 prescribe penalties and punishment for violation of such
7-11 ordinances;
7-12 (29) Retirement. To provide and maintain a retirement
7-13 plan for officers and employees of the city;
7-14 (30) Roadways. To lay out, open, extend, widen, narrow,
7-15 establish or change the grade of, abandon or close,
7-16 construct, pave, curb, gutter, adorn with shade trees,
7-17 or otherwise improve, maintain, repair, clean, prevent
7-18 erosion of, and light the roads, alleys, and walkways
7-19 within the corporate limits of the city; and to grant
7-20 franchises and rights of way throughout the streets and
7-21 roads and over the bridges and viaducts for the use of
7-22 public utilities and for private use; and to require
7-23 real estate owners to repair and maintain in a safe
7-24 condition the sidewalks adjoining their lots or lands
7-25 and to impose penalties for failure to do so;
7-26 (31) Sewer fees. To levy a fee, charge, or sewer tax as
7-27 necessary to assure the acquiring, constructing,
7-28 equipping, operating, maintaining, and extending of a
7-29 sewage disposal plant and sewerage system and to levy on
7-30 those to whom sewers and sewerage systems are made
7-31 available a sewer service fee, charge, or sewer tax for
7-32 the availability or use of the sewers; to provide for
7-33 manner and method of collecting such service charges and
7-34 for enforcing payment of the same; and to charge,
7-35 impose, and collect a sewer connection fee or fees to
7-36 those connected with the system;
7-37 (32) Special areas of public regulation. To regulate or
7-38 prohibit junk dealers, pawn shops, the manufacture,
7-39 sale, or transportation of any intoxicating liquors, and
7-40 the use and sale of firearms; to regulate the
7-41 transportation, storage, and use of combustible,
7-42 explosive, and inflammable materials, the use of
7-43 lighting and heating equipment, and any other business
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8- 1 or situation which may be dangerous to persons or
8- 2 property; to regulate and control the conduct of
8- 3 peddlers and itinerant traders, theatrical performances,
8- 4 exhibitions, and shows of any kind, by taxation or
8- 5 otherwise; and to license, tax, regulate, or prohibit
8- 6 professional fortunetelling, palmistry, adult
8- 7 bookstores, and massage parlors;
8- 8 (33) Special assessments. To levy and provide for the
8- 9 collection of special assessments to cover the costs for
8-10 any public improvements;
8-11 (34) Taxes: ad valorem. To levy and provide for
8-12 assessment, valuation, revaluation, and collection of
8-13 taxes on all property subject to taxation;
8-14 (35) Taxes: other. To levy and collect such other taxes
8-15 as may be allowed now or in the future by law;
8-16 (36) Taxicabs. To regulate and license vehicles operated
8-17 for hire in the city; to limit the number of such
8-18 vehicles; to require the operators thereof to be
8-19 licensed; to require public liability insurance on such
8-20 vehicles in the amounts to be prescribed by ordinance;
8-21 and to regulate the parking of such vehicles;
8-22 (37) Other powers. To exercise and enjoy all other
8-23 powers, functions, rights, privileges, and immunities
8-24 necessary or desirable to promote or protect the safety,
8-25 health, peace, security, good order, comfort,
8-26 convenience, or general welfare of the city and its
8-27 inhabitants; and to exercise all implied powers
8-28 necessary to execute all powers granted in this charter
8-29 as fully and completely as if such powers were fully
8-30 stated in this charter; and to exercise all powers now
8-31 or in the future authorized to be exercised by other
8-32 municipal governments under other laws of the State of
8-33 Georgia; and no listing of particular powers in this
8-34 charter shall be held to be exclusive of others, nor
8-35 restrictive of general words and phrases granting
8-36 powers, but shall be held to be in addition to such
8-37 powers unless expressly prohibited to municipalities
8-38 under the Constitution or applicable laws of the State
8-39 of Georgia.
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9- 1 SECTION 1.13.
9- 2 Exercise of powers.
9- 3 All powers, functions, rights, privileges, and immunities of
9- 4 the city, its officers, agencies, or employees shall be
9- 5 carried into execution as provided by this charter. If this
9- 6 charter makes no provision, such shall be carried into
9- 7 execution as provided by ordinance or as provided by
9- 8 pertinent laws of the State of Georgia.
ARTICLE II
9- 9 GOVERNMENT STRUCTURE
9-10 SECTION 2.10.
9-11 City council creation; number; election.
9-12 The legislative authority of the government of this city,
9-13 except as otherwise specifically provided in this charter,
9-14 shall be vested in a city council to be composed of a mayor
9-15 and four councilmembers. The city council established in
9-16 this charter shall in all respects be a successor to and
9-17 continuation of the city governing authority under prior
9-18 law. The mayor and councilmembers shall be elected in the
9-19 manner provided by this charter.
9-20 SECTION 2.11.
9-21 City councilmembers;
9-22 terms and qualifications for office.
9-23 The mayor and councilmembers shall serve for terms of four
9-24 years and until their respective successors are elected and
9-25 qualified. No person shall be eligible to serve as mayor or
9-26 councilmember unless that person shall have been a resident
9-27 of the city immediately prior to the date of the election of
9-28 mayor or members of the city council for a period of time as
9-29 provided in Code Section 45-2-1 of the O.C.G.A.; each shall
9-30 continue to reside therein during that person's period of
9-31 service and to be registered and qualified to vote in
9-32 municipal elections of this city.
9-33 SECTION 2.12.
9-34 Vacancy; filling of vacancies; suspensions.
9-35 (a) Vacancies--The office of mayor or councilmember shall
9-36 become vacant upon the incumbent's death, resignation,
9-37 forfeiture of office, or removal from office in any manner
9-38 authorized by this charter or the general laws of the State
9-39 of Georgia. A vacancy in the office of mayor or
9-40 councilmember shall be filled for the remainder of the
9-41 unexpired term, if any, as provided for in this charter.
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10- 1 (b) Suspension--Upon the suspension from office of mayor or
10- 2 councilmember in any manner authorized by the general laws
10- 3 of the State of Georgia, the city council or those remaining
10- 4 may appoint a successor for the duration of the suspension.
10- 5 If the suspension becomes permanent, then the office shall
10- 6 become vacant and shall be filled for the remainder of the
10- 7 unexpired term, if any, as provided for in this charter.
10- 8 SECTION 2.13.
10- 9 Compensation and expenses.
10-10 The mayor and councilmembers shall receive compensation and
10-11 expenses for their services as provided by ordinance.
10-12 SECTION 2.14.
10-13 Holding other office;
10-14 voting when personally interested.
10-15 (a) Except as authorized by law, no councilmember nor the
10-16 mayor shall hold any other city office or city employment
10-17 during the term for which that person was elected.
10-18 (b) The mayor or any councilmember who has a private
10-19 interest in any matter pending before the city council shall
10-20 disclose such private interest and such disclosure shall be
10-21 entered on the records of the city council, and that person
10-22 shall disqualify himself or herself from participating in
10-23 any decision or vote relating thereto.
10-24 SECTION 2.15.
10-25 Inquiries and investigations.
10-26 The city council may make inquiries and investigations into
10-27 the affairs of the city and conduct of any department,
10-28 office, or agency thereof and for this purpose may subpoena
10-29 witnesses, administer oaths, take testimony, and require the
10-30 production of evidence. Any person who fails or refuses to
10-31 obey a lawful order issued in the exercise of these powers
10-32 by the city council shall be punished as may be provided by
10-33 ordinance.
10-34 SECTION 2.16.
10-35 General power and authority of the city council.
10-36 Except as otherwise provided by this charter, the city
10-37 council shall be vested with all the powers of government of
10-38 this city as provided by Article I of this charter.
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11- 1 SECTION 2.17.
11- 2 Organizational meetings.
11- 3 The city council shall hold an organizational meeting on the
11- 4 second Monday in January following a general election. The
11- 5 meeting shall be called to order by the presiding officer
11- 6 and the oath of office shall be administered to the newly
11- 7 elected members as follows: "I do solemnly (swear) (affirm)
11- 8 that I will faithfully perform the duties of (mayor)
11- 9 (councilmember) of this city and that I will support and
11-10 defend the charter thereof as well as the Constitution and
11-11 laws of the State of Georgia and the United States of
11-12 America."
11-13 SECTION 2.18.
Meetings.
11-14 (a) The city council shall hold regular meetings at such
11-15 times and places as prescribed by ordinance.
11-16 (b) Special meetings of the city council may be held on call
11-17 of the mayor or two members of the city council. Notice of
11-18 such special meeting shall be served on all other members
11-19 personally, or by telephone personally, at least 24 hours in
11-20 advance of the meeting. Such notice to councilmembers shall
11-21 not be required if the mayor and all councilmembers are
11-22 present when the special meeting is called. Such notice of
11-23 any special meeting may be waived by a councilmember in
11-24 writing before or after such a meeting and attendance at the
11-25 meeting shall also constitute a waiver of notice on any
11-26 business transacted in such councilmember's presence. Only
11-27 the business stated in the call may be transacted at the
11-28 special meeting.
11-29 (c) All meetings of the city council shall be public to the
11-30 extent required by law and notice to the public of special
11-31 meetings shall be given as required by law.
11-32 SECTION 2.19.
11-33 Rules of procedure.
11-34 (a) The city council shall adopt its rules of procedure and
11-35 order of business consistent with the provisions of this
11-36 charter and shall provide for keeping of a journal of its
11-37 proceedings, which shall be a public record.
11-38 (b) All committees and committee chairpersons and officers
11-39 of the city council shall be appointed by the mayor and
11-40 shall serve at the pleasure of the mayor. The mayor shall
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12- 1 have the power to appoint new members to any committee at
12- 2 any time.
12- 3 SECTION 2.20.
12- 4 Quorum; voting.
12- 5 (a) Two councilmembers plus the mayor or other presiding
12- 6 officer shall constitute a quorum and shall be authorized to
12- 7 transact business of the city council. Voting on the
12- 8 adoption of ordinances shall be by voice vote and the vote
12- 9 shall be recorded in the journal, but any member of the city
12-10 council shall have the right to request a roll-call vote and
12-11 such vote shall be recorded in the journal. Except as
12-12 otherwise provided in this charter, the affirmative vote of
12-13 a majority of councilmembers present and voting shall be
12-14 required for the adoption of any ordinance, resolution, or
12-15 motion.
12-16 (b) In the event vacancies in office result in less than a
12-17 quorum of councilmembers holding office, then the remaining
12-18 councilmembers in office shall constitute a quorum and shall
12-19 be authorized to transact business of the city council. A
12-20 vote of a majority of the remaining councilmembers shall be
12-21 required for the adoption of any ordinance, resolution, or
12-22 motion.
12-23 SECTION 2.21.
12-24 Ordinance form; procedures.
12-25 (a) Every proposed ordinance should be introduced in writing
12-26 and in the form required for final adoption. The enacting
12-27 clause shall be in substantially the following form: "Be it
12-28 and it is hereby ordained by the mayor and council of the
12-29 City of Lake City, and by the authority thereof ..." and
12-30 every ordinance shall so begin.
12-31 (b) An ordinance may be introduced by any councilmember and
12-32 be read at a regular or special meeting of the city council.
12-33 Ordinances shall be considered and adopted or rejected by
12-34 the city council in accordance with the rules which it shall
12-35 establish. Upon introduction of any ordinance, the clerk
12-36 shall as soon as possible distribute a copy to the mayor and
12-37 each councilmember and shall file a reasonable number of
12-38 copies in the office of the clerk and at such other public
12-39 places as the city council may designate.
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13- 1 SECTION 2.22.
13- 2 Action requiring an ordinance.
13- 3 Acts of the city council which have the force and effect of
13- 4 law shall be enacted by ordinance.
13- 5 SECTION 2.23.
Emergencies.
13- 6 To meet a public emergency affecting life, health, property,
13- 7 or public peace, the city council may convene on call of the
13- 8 mayor or two councilmembers and may promptly adopt an
13- 9 emergency ordinance, but such ordinance may not levy taxes;
13-10 grant, renew, or extend a franchise; regulate the rate
13-11 charged by any public utility for its services; or authorize
13-12 the borrowing of money except for loans to be repaid within
13-13 30 days. An emergency ordinance shall be introduced in the
13-14 form prescribed for ordinances generally, except that it
13-15 shall be plainly designated as an emergency ordinance and
13-16 shall contain, after the enacting clause, a declaration
13-17 stating that an emergency exists and describing the
13-18 emergency in clear and specific terms. An emergency
13-19 ordinance may be adopted, with or without amendment, or
13-20 rejected at the meeting at which it is introduced, but the
13-21 affirmative vote of at least three councilmembers shall be
13-22 required for adoption. It shall become effective upon
13-23 adoption or at such later time as it may specify. Every
13-24 emergency ordinance shall automatically stand repealed 30
13-25 days following the date upon which it was adopted, but this
13-26 shall not prevent reenactment of the ordinance in the manner
13-27 specified in this section if the emergency continues to
13-28 exist. An emergency ordinance may also be repealed by
13-29 adoption of a repealing ordinance in the same manner
13-30 specified in this section for adoption of emergency
13-31 ordinances.
13-32 SECTION 2.24.
13-33 Codes of technical regulations.
13-34 The city council may adopt any standard code of technical
13-35 regulations by reference thereto in an adopting ordinance.
13-36 The procedure and requirements governing such adopting
13-37 ordinance shall be as prescribed for ordinances generally
13-38 except that: (1) the requirements of subsection (b) of
13-39 Section 2.21 of this charter for distribution and filing of
13-40 copies of the ordinance shall be construed to include copies
13-41 of any code of technical regulations, as well as the
13-42 adopting ordinance; and (2) a copy of each adopted code of
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14- 1 technical regulations, as well as the adopting ordinance,
14- 2 shall be authenticated and recorded by the city clerk
14- 3 pursuant to Section 2.25 of this charter.
14- 4 SECTION 2.25.
14- 5 Signing; authenticating;
14- 6 recording; codification; printing.
14- 7 (a) The clerk shall authenticate by the clerk's signature
14- 8 and record in full in a properly indexed book kept for that
14- 9 purpose all ordinances adopted by the city council.
14-10 (b) The city council shall provide for the preparation of a
14-11 general codification of all the ordinances of the city
14-12 having the force and effect of law. The general
14-13 codification shall be adopted by the city council by
14-14 ordinance and shall be published promptly, together with all
14-15 amendments thereto and such codes of technical regulations
14-16 and other rules and regulations as the city council may
14-17 specify. This compilation shall be known and cited
14-18 officially as "The Code of the City of Lake City, Georgia."
14-19 (c) The city council shall cause each ordinance and each
14-20 amendment to this charter to be printed promptly following
14-21 its adoption, and the printed ordinances and charter
14-22 amendments shall be made available for purchase by the
14-23 public at reasonable prices to be fixed by the city council.
14-24 Following publication of the first code under this charter
14-25 and at all times thereafter, the ordinances and charter
14-26 amendments shall be printed in substantially the same style
14-27 as the code currently in effect and shall be suitable in
14-28 form for incorporation therein. The city council shall make
14-29 such further arrangements as deemed desirable with
14-30 reproduction and distribution of any current changes in or
14-31 additions to codes of technical regulations and other rules
14-32 and regulations included in the code.
14-33 SECTION 2.26.
14-34 Election of mayor; forfeiture; compensation.
14-35 The mayor shall be elected and shall serve for a term of
14-36 four years and until the mayor's successor is elected and
14-37 qualified. The mayor shall be a qualified elector of this
14-38 city and shall have been a resident of the city immediately
14-39 preceding the mayor's election for a period of time as
14-40 provided in Code Section 45-2-1 of the O.C.G.A. The mayor
14-41 shall continue to reside in this city during the period of
14-42 the mayor's service. The mayor shall forfeit the office of
14-43 mayor on the same grounds and under the same procedure as
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15- 1 for councilmembers. The compensation of the mayor shall be
15- 2 established in the same manner as for councilmembers.
15- 3 SECTION 2.27.
15- 4 Powers and duties of mayor.
15- 5 The mayor shall:
15- 6 (1) Preside at all meetings of the city council;
15- 7 (2) Be the head of the city for the purpose of service
15- 8 of process and for ceremonial purposes and be the
15- 9 official spokesperson for the city and the chief
15-10 advocate of policy;
15-11 (3) Have the power to administer oaths and to take
15-12 affidavits;
15-13 (4) Sign as a matter of course on behalf of the city all
15-14 written and approved contracts, ordinances, and other
15-15 instruments executed by the city which by law are
15-16 required to be in writing;
15-17 (5) Vote on matters before the city council and be
15-18 counted toward a quorum as any other councilmember;
15-19 (6) Prepare and submit to the city council a recommended
15-20 annual operating budget and any recommended capital
15-21 budget, unless prepared by the city administrator; and
15-22 (7) Fulfill such other executive and administrative
15-23 duties as the city council shall by ordinance establish.
15-24 SECTION 2.28.
15-25 Mayor pro tempore.
15-26 By a majority vote, the city council shall elect a
15-27 councilmember to serve as mayor pro tempore. The mayor pro
15-28 tempore shall assume the duties and powers of the mayor
15-29 during the mayor's disability or absence. Any such
15-30 disability or absence shall be declared by a majority vote
15-31 of the city council.
15-32 SECTION 2.29.
15-33 City administrator; appointment;
15-34 qualifications; compensation.
15-35 The city council may appoint a city administrator to serve
15-36 at its pleasure for an indefinite term and shall fix the
15-37 city administrator's compensation. A city administrator so
15-38 appointed shall perform such duties provided by this charter
15-39 and as assigned by the mayor or city council.
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ARTICLE III
16- 1 ADMINISTRATIVE AFFAIRS
16- 2 SECTION 3.10.
16- 3 Administrative and service departments.
16- 4 (a) Except as otherwise provided in this charter, the city
16- 5 council by ordinance shall prescribe the functions or duties
16- 6 and establish, abolish, or alter all nonelective offices,
16- 7 positions of employment, departments, and agencies of the
16- 8 city as necessary for the proper administration of the
16- 9 affairs and government of this city.
16-10 (b) Except as otherwise provided by this charter or by law,
16-11 the directors of departments and other appointed officers of
16-12 the city shall be appointed solely on the basis of their
16-13 respective administrative and professional qualifications.
16-14 (c) All appointed officers and directors of departments
16-15 shall receive such compensation as prescribed by ordinance.
16-16 (d) There shall be a director of each department or agency
16-17 who shall be its principal officer. Each director shall,
16-18 subject to the direction and supervision of the city
16-19 administrator if an administrator is appointed or to the
16-20 mayor in the absence of any administrator, be responsible
16-21 for the administration and direction of the affairs and
16-22 operations of that director's department or agency.
16-23 (e) All directors shall be appointed and removed by the city
16-24 council. The city administrator if an administrator is
16-25 appointed, or the mayor in the absence of any administrator,
16-26 may suspend or remove directors under his or her supervision
16-27 for a period not to exceed ten days; provided, however, that
16-28 the city council may override the city administrator's or
16-29 mayor's action by a vote of three councilmembers.
16-30 SECTION 3.11.
16-31 Boards, commissions, and authorities.
16-32 (a) The city council shall create by ordinance such boards,
16-33 commissions, and authorities to fulfill any investigative,
16-34 quasi-judicial, or quasi-legislative function the city
16-35 council deems necessary and shall by ordinance establish the
16-36 composition, period of existence, duties, and powers
16-37 thereof.
16-38 (b) All members of boards, commissions, and authorities of
16-39 the city shall be appointed by the city council for such
16-40 terms of office and in such manner as shall be provided by
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17- 1 ordinance, except where other appointing authority, terms of
17- 2 office, or manner of appointment is prescribed by this
17- 3 charter or by law.
17- 4 (c) The city council by ordinance may provide for the
17- 5 compensation and reimbursement for actual and necessary
17- 6 expenses of the members of any board, commission, or
17- 7 authority.
17- 8 (d) Except as otherwise provided by charter or by law, no
17- 9 member of any board, commission, or authority shall hold any
17-10 elective office in the city.
17-11 (e) Any vacancy on a board, commission, or authority of the
17-12 city shall be filled for the unexpired term in the manner
17-13 prescribed in this charter for original appointment, except
17-14 as otherwise provided by this charter or by law.
17-15 (f) No member of a board, commission, or authority shall
17-16 assume office until that person has executed and filed with
17-17 the clerk of the city an oath obligating that person to
17-18 perform faithfully and impartially the duties of that
17-19 person's office, such oath shall be prescribed by ordinance
17-20 and administered by the mayor.
17-21 (g) Any member of a board, commission, or authority may be
17-22 removed from office for cause by a vote of three members of
17-23 the city council.
17-24 (h) Except as otherwise provided by this charter or by law,
17-25 each board, commission, or authority of the city shall elect
17-26 one of its members as chairperson and one member as vice
17-27 chairperson and may elect as its secretary one of its own
17-28 members or may appoint as secretary an employee of the city.
17-29 Each board, commission, or authority of the city government
17-30 may establish such bylaws, rules, and regulations, not
17-31 inconsistent with this charter, ordinances of the city, or
17-32 law, as it deems appropriate and necessary for the
17-33 fulfillment of its duties or the conduct of its affairs.
17-34 Copies of such bylaws, rules, and regulations shall be filed
17-35 with the clerk of the city.
17-36 SECTION 3.12.
17-37 City attorney.
17-38 The city council shall appoint a city attorney, together
17-39 with such assistant city attorneys as may be authorized, and
17-40 shall provide for the payment of such attorney or attorneys
17-41 for services rendered to the city. The city attorney shall
17-42 be responsible for representing and defending the city in
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18- 1 all litigation in which the city is a party; may be the
18- 2 prosecuting officer in the municipal court; shall attend the
18- 3 meetings of the city council as directed; shall advise the
18- 4 city council, mayor, and other officers and employees of the
18- 5 city concerning legal aspects of the city's affairs; and
18- 6 shall perform such other duties as may be required of the
18- 7 city attorney by virtue of such person's position as city
18- 8 attorney.
18- 9 SECTION 3.13.
City clerk.
18-10 The city council shall appoint a city clerk who shall not be
18-11 a councilmember. The city clerk shall be custodian of the
18-12 official city seal; maintain city council's records required
18-13 by this charter; and perform such other duties as may be
18-14 required by the city council. The city administrator, if
18-15 one is appointed, may concurrently serve as city clerk at
18-16 the discretion of the city council.
18-17 SECTION 3.14.
18-18 City treasurer.
18-19 The city council shall appoint a city treasurer to collect
18-20 all taxes, licenses, fees, and other moneys belonging to the
18-21 city subject to the provisions of this charter and the
18-22 ordinances of the city and to enforce all laws of Georgia
18-23 relating to the collection of delinquent taxes and sale or
18-24 foreclosure for nonpayment of taxes by the city. The city
18-25 treasurer shall also be responsible for the general duties
18-26 of a treasurer and fiscal officer. The city administrator,
18-27 if one is appointed, or the city clerk may concurrently
18-28 serve as city treasurer at the discretion of the city
18-29 council.
18-30 SECTION 3.15.
18-31 Position classification and pay plans.
18-32 The city administrator or, in the absence of any
18-33 administrator, the mayor, shall be responsible for the
18-34 preparation of a position classification and pay plan which
18-35 shall be submitted to the city council for approval. Such
18-36 plan may apply to all employees of the city and any of its
18-37 agencies, departments, boards, commissions, or authorities.
18-38 When a pay plan has been adopted, the city council shall not
18-39 increase or decrease the salary range applicable to any
18-40 position except by amendment of such pay plan. For purposes
18-41 of this section, elected and appointed city officials are
18-42 not city employees.
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19- 1 SECTION 3.16.
19- 2 Personnel policies.
19- 3 The city council shall adopt rules and regulations
19- 4 consistent with this charter concerning:
19- 5 (1) The method of employee selection and probationary
19- 6 periods of employment;
19- 7 (2) The administration of the position classification
19- 8 and pay plan, methods of promotion and application of
19- 9 service ratings thereto, and transfer of employees
19-10 within the classification plan;
19-11 (3) Hours of work, vacation, sick leave, and other
19-12 leaves of absence, overtime pay, and the order and
19-13 manner in which layoffs shall be effected;
19-14 (4) Such dismissal hearings as due process may require;
19-15 and
19-16 (5) Such other personnel notices as may be necessary to
19-17 provide for adequate and systematic handling of
19-18 personnel affairs.
19-19 The city council may provide for at-will employment for any
19-20 or all positions.
ARTICLE IV
19-21 JUDICIAL BRANCH
19-22 SECTION 4.10.
19-23 Creation; name.
19-24 There shall be a court to be known as the Municipal Court of
19-25 the City of Lake City.
19-26 SECTION 4.11.
19-27 Chief judge; associate judge.
19-28 (a) The municipal court shall be presided over by a chief
19-29 judge and such part-time, full-time, or stand-by judges as
19-30 shall be provided by ordinance. The method of selection and
19-31 terms of such judges shall be provided by ordinance.
19-32 (b) No person shall be qualified or eligible to serve as a
19-33 judge on the municipal court unless that person shall have
19-34 attained the age of 21 years and possesses such other
19-35 qualifications as may be established by the city council.
19-36 All judges shall be appointed by the city council.
19-37 (c) Compensation of the judges shall be fixed by ordinance.
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20- 1 (d) Judges may be removed for cause by a vote of three
20- 2 members of the city council.
20- 3 (e) Before assuming office, each judge shall take an oath,
20- 4 given by the mayor, that such judge will honestly and
20- 5 faithfully discharge the duties of the judge's office to the
20- 6 best of the judge's ability and without fear, favor, or
20- 7 partiality. The oath shall be entered in the minutes of the
20- 8 city council journal required in Section 2.19 of this
20- 9 charter.
20-10 SECTION 4.12.
Convening.
20-11 The municipal court shall be convened at regular intervals
20-12 as provided by ordinance.
20-13 SECTION 4.13.
20-14 Jurisdiction; powers.
20-15 (a) The municipal court shall try and punish violations of
20-16 this charter, all city ordinances, and such other violations
20-17 as provided by law.
20-18 (b) The municipal court shall have authority to punish those
20-19 in its presence for contempt, provided that such punishment
20-20 shall not exceed $200.00 or ten days in jail.
20-21 (c) The municipal court may fix punishment for offenses
20-22 within its jurisdiction not exceeding a fine of $1,000.00 or
20-23 imprisonment for 180 days or both such fine and imprisonment
20-24 or may fix punishment by fine, imprisonment, or alternative
20-25 sentencing, as now or hereafter provided by law.
20-26 (d) The municipal court shall have authority to establish a
20-27 schedule of fees to defray the cost of operations and shall
20-28 be entitled to reimbursement of the cost of meals,
20-29 transportation, and caretaking of prisoners bound over to
20-30 superior courts for violations of state law.
20-31 (e) The municipal court shall have authority to establish
20-32 bail and recognizances to ensure the presence of those
20-33 charged with violations before such court and shall have
20-34 discretionary authority to accept cash or personal or real
20-35 property as surety for the appearance of persons charged
20-36 with violations. Whenever any person shall give bail for
20-37 that person's appearance and shall fail to appear at the
20-38 time fixed for trial, that person's bond shall be forfeited
20-39 by the judge presiding at such time and an execution issued
20-40 thereon by serving the defendant and the defendant's
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21- 1 sureties with a rule nisi at least two days before a hearing
21- 2 on the rule nisi. In the event that cash or property is
21- 3 accepted in lieu of bond for security for the appearance of
21- 4 a defendant at trial, and if such defendant fails to appear
21- 5 at the time and place fixed for trial, the cash so deposited
21- 6 shall be on order of the judge declared forfeited to the
21- 7 city, or the property so deposited shall have a lien against
21- 8 it for the value forfeited which lien shall be enforceable
21- 9 in the same manner and to the same extent as a lien for city
21-10 property taxes.
21-11 (f) The municipal court shall have the same authority as
21-12 superior courts to compel the production of evidence in the
21-13 possession of any party; to enforce obedience to its orders,
21-14 judgments, and sentences; and to administer such oaths as
21-15 are necessary.
21-16 (g) The municipal court may compel the presence of all
21-17 parties necessary to a proper disposal of each case by the
21-18 issuance of summonses, subpoenas, and warrants which may be
21-19 served and executed by any officer as authorized by this
21-20 charter or by law.
21-21 (h) Each judge of the municipal court shall be authorized to
21-22 issue warrants for the arrest of persons charged with
21-23 offenses against any ordinance of the city, and each judge
21-24 of the municipal court shall have the same authority as a
21-25 magistrate of the state with respect to offenses against
21-26 state laws committed within the city.
21-27 (i) The municipal court is specifically vested with all the
21-28 jurisdiction and powers throughout the geographic area of
21-29 this city granted by law to municipal courts and
21-30 particularly by such laws as authorize the abatement of
21-31 nuisances and prosecution of traffic violations.
21-32 SECTION 4.14.
Certiorari.
21-33 The right of certiorari from the decision and judgment of
21-34 the municipal court shall exist in all criminal cases and
21-35 ordinance violation cases, and such certiorari shall be
21-36 obtained under the sanction of a judge of the Superior Court
21-37 of Clayton County under the laws of the State of Georgia
21-38 regulating the granting and issuance of writs of certiorari.
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22- 1 SECTION 4.15.
22- 2 Rules for court.
22- 3 The judge shall have full power and authority to make
22- 4 reasonable rules and regulations necessary and proper to
22- 5 secure the efficient and successful administration of the
22- 6 municipal court; provided, however, that the judge may adopt
22- 7 in part or in toto the rules and regulations applicable to
22- 8 superior courts. The rules and regulations made or adopted
22- 9 shall be filed with the city clerk, shall be available for
22-10 public inspection, and, upon request, a copy shall be
22-11 furnished to all defendants in municipal court proceedings
22-12 at least 48 hours prior to such proceedings.
ARTICLE V
22-13 ELECTIONS AND REMOVAL
22-14 SECTION 5.10.
22-15 Applicability of general law.
22-16 All primaries and elections shall be held and conducted in
22-17 accordance with Chapter 3 of Title 21 of the O.C.G.A., the
22-18 "Georgia Municipal Election Code," as now or hereafter
22-19 amended.
22-20 SECTION 5.11.
22-21 Election of the city council (and mayor).
22-22 (a) There shall be a municipal general election biennially
22-23 on the Tuesday next following the first Monday in November
22-24 in odd-numbered years.
22-25 (b) There shall be elected two councilmembers at one
22-26 election and at every other election thereafter. The
22-27 remaining city council seats and the office of mayor shall
22-28 be filled at the election alternating with the first
22-29 election so that a continuing body is created as provided
22-30 for in the initial election held under this charter pursuant
22-31 to Section 7.12.
22-32 SECTION 5.12.
22-33 Nonpartisan elections.
22-34 Political parties shall not conduct primaries for city
22-35 offices and all names of candidates for city offices shall
22-36 be listed without party designation.
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23- 1 SECTION 5.13.
23- 2 Election by plurality vote.
23- 3 The person receiving a plurality of the votes cast for any
23- 4 city office shall be elected.
23- 5 SECTION 5.14.
23- 6 Special elections; vacancies.
23- 7 In the event that the office of mayor or councilmember shall
23- 8 become vacant for any cause whatsoever, the city council or
23- 9 those remaining shall order a special election to fill the
23-10 balance of the unexpired term of such official; provided,
23-11 however, if such vacancy occurs within six months of the
23-12 expiration of the term of that office, the city council or
23-13 those members remaining shall appoint a successor for the
23-14 remainder of the term. In all other respects, the special
23-15 election shall be held and conducted in accordance with
23-16 Chapter 3 of Title 21 of the O.C.G.A., the "Georgia
23-17 Municipal Election Code," as now or hereafter amended.
23-18 SECTION 5.15.
23-19 Other provisions.
23-20 Except as otherwise provided by this charter, the city
23-21 council shall, by ordinance, prescribe such rules and
23-22 regulations as it deems appropriate to fulfill any options
23-23 and duties under Chapter 3 of Title 21 of the O.C.G.A., the
23-24 "Georgia Municipal Election Code."
23-25 SECTION 5.16.
23-26 Removal of officers.
23-27 (a) A councilmember, the mayor, or other appointed officers
23-28 provided for in this charter shall be removed from office
23-29 for any one or more of the following causes:
23-30 (1) Incompetence, misfeasance, or malfeasance in office;
23-31 (2) Conviction of a crime involving moral turpitude;
23-32 (3) Failure at any time to possess any qualifications of
23-33 office as provided by this charter or by law;
23-34 (4) Knowingly violating any express prohibition of this
23-35 charter;
23-36 (5) Abandonment of office or neglect to perform the
23-37 duties thereof;
23-38 (6) Failure for any other cause to perform the duties of
23-39 office as required by this charter or by state law.
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24- 1 (b) Removal of any officer pursuant to subsection (a) of
24- 2 this section shall be accomplished by one of the following
24- 3 methods:
24- 4 (1) By the vote of three councilmembers after an
24- 5 investigative hearing. In the event an elected officer
24- 6 is sought to be removed by the action of the city
24- 7 council, such officer shall be entitled to a written
24- 8 notice specifying the ground or grounds for removal and
24- 9 to a public hearing which shall be held not less than
24-10 ten days after the service of such written notice. Any
24-11 elected officer sought to be removed from office as
24-12 provided in this section shall have the right of appeal
24-13 from the decision of the city council to the Superior
24-14 Court of Clayton County. Such appeal shall be governed
24-15 by the same rules as govern appeals to the superior
24-16 court from the probate court; or
24-17 (2) By an order of the Superior Court of Clayton County
24-18 following a hearing on a complaint seeking such removal
24-19 brought by any resident of the City of Lake City.
ARTICLE VI
FINANCE
24-20 SECTION 6.10.
24-21 Property tax.
24-22 The city council may assess, levy, and collect an ad valorem
24-23 tax on all real and personal property within the corporate
24-24 limits of the city that is subject to such taxation by the
24-25 state and county. This tax is for the purpose of raising
24-26 revenues to defray the costs of operating the city
24-27 government, of providing governmental services, for the
24-28 repayment of principal and interest on general obligations,
24-29 and for any other public purpose as determined by the city
24-30 council in its discretion.
24-31 SECTION 6.11.
24-32 Millage rate; due dates; payment methods.
24-33 The city council by ordinance shall establish a millage rate
24-34 for the city property tax, a due date, and the time period
24-35 within which these taxes must be paid. The city council by
24-36 ordinance may provide for the payment of these taxes by
24-37 installments or in one lump sum, as well as authorize
24-38 voluntary payment of taxes prior to the time when due.
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25- 1 SECTION 6.12.
25- 2 Occupation and business taxes.
25- 3 The city council by ordinance shall have the power to levy
25- 4 such occupation or business taxes as are not denied by law.
25- 5 Such taxes may be levied on both individuals and
25- 6 corporations who transact business in this city or who
25- 7 practice or offer to practice any profession or calling in
25- 8 this city to the extent such persons have a constitutionally
25- 9 sufficient nexus to this city to be so taxed. The city
25-10 council may classify businesses, occupations, professions,
25-11 or callings for the purpose of such taxation in any way
25-12 which may be lawful and may compel the payment of such taxes
25-13 as provided in Section 6.18 of this charter.
25-14 SECTION 6.13.
25-15 Licenses; permits; fees.
25-16 The city council by ordinance shall have the power to
25-17 require any individuals or corporations who transact
25-18 business in this city or who practice or offer to practice
25-19 any profession or calling in this city to obtain a license
25-20 or permit for such activity from the city and pay a
25-21 reasonable fee for such license or permit where such
25-22 activities are not now regulated by general law in such a
25-23 way as to preclude city regulation. Such fees may reflect
25-24 the total cost to the city of regulating the activity and,
25-25 if unpaid, shall be collected as provided in Section 6.18 of
25-26 this charter. The city council by ordinance may establish
25-27 reasonable requirements for obtaining or keeping such
25-28 licenses as the public health, safety, and welfare
25-29 necessitate.
25-30 SECTION 6.14.
Franchises.
25-31 The city council shall have the power to grant franchises
25-32 for the use of this city's streets and alleys for the
25-33 purposes of railroads, street railways, telephone companies,
25-34 electric companies, cable television, gas companies,
25-35 transportation companies, and other similar organizations.
25-36 The city council shall determine the duration, terms,
25-37 whether the same shall be exclusive or nonexclusive, and the
25-38 consideration for such franchises; provided, however, no
25-39 franchise shall be granted for a period in excess of 35
25-40 years and no franchise shall be granted unless the city
25-41 receives just and adequate compensation therefor. The city
25-42 council shall provide for the registration of all franchises
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26- 1 with the city clerk in a registration book kept by the city
26- 2 clerk. The city council may provide by ordinance for the
26- 3 registration within a reasonable time of all franchises
26- 4 previously granted.
26- 5 SECTION 6.15.
26- 6 Service charges and taxes.
26- 7 The city council by ordinance shall have the power to assess
26- 8 and collect fees, charges, and taxes for sewers, sanitary
26- 9 and health services, or any other services provided or made
26-10 available within and outside the corporate limits of the
26-11 city for the total cost to the city of providing or making
26-12 available such services. If unpaid, such charges shall be
26-13 collected as provided in Section 6.18 of this charter.
26-14 SECTION 6.16.
26-15 Special assessments.
26-16 The city council by ordinance shall have the power to assess
26-17 and collect the cost of constructing, reconstructing,
26-18 widening, or improving any public way, street, sidewalk,
26-19 curbing, gutters, sewers, or other utility mains and
26-20 appurtenances from the abutting property owners under such
26-21 terms and conditions as are reasonable. If unpaid, such
26-22 charges shall be collected as provided in Section 6.18 of
26-23 this charter.
26-24 SECTION 6.17.
26-25 Construction; other taxes.
26-26 This city shall be empowered to levy any other tax allowed
26-27 now or hereafter by law, and the specific mention of any
26-28 right, power, or authority in this article shall not be
26-29 construed as limiting in any way the general powers of this
26-30 city to govern its local affairs.
26-31 SECTION 6.18.
26-32 Collection of delinquent taxes and fees.
26-33 The city council by ordinance may provide generally for the
26-34 collection of delinquent taxes, fees, or other revenue due
26-35 the city under Sections 6.10 through 6.17 of this charter by
26-36 whatever reasonable means as are not precluded by law. This
26-37 shall include providing for the dates when the taxes or fees
26-38 are due; late penalties or interest; issuance and execution
26-39 of fi. fas.; creation and priority of liens; making
26-40 delinquent taxes and fees personal debts of the persons
26-41 required to pay the taxes or fees imposed; revoking city
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27- 1 licenses for failure to pay any city taxes or fees; and
27- 2 providing for the assignment or transfer of tax executions.
27- 3 SECTION 6.19.
27- 4 General obligation bonds.
27- 5 The city council shall have the power to issue bonds for the
27- 6 purpose of raising revenue to carry out any project,
27- 7 program, or venture authorized under this charter or the
27- 8 laws of the state. Such bonding authority shall be exercised
27- 9 in accordance with the laws governing bond issuance by
27-10 municipalities in effect at the time such issue is
27-11 undertaken.
27-12 SECTION 6.20.
27-13 Revenue bonds.
27-14 Revenue bonds may be issued by the city council as state law
27-15 now or hereafter provides. Such bonds are to be paid out of
27-16 any revenue produced by the project, program, or venture for
27-17 which they were issued.
27-18 SECTION 6.21.
27-19 Short-term loans.
27-20 The city may obtain short-term loans and must repay such
27-21 loans not later than December 31 of each year, unless
27-22 otherwise provided by law.
27-23 SECTION 6.22.
Fiscal year.
27-24 The city council shall set the fiscal year by ordinance.
27-25 This fiscal year shall constitute the budget year and the
27-26 year for financial accounting and reporting of each and
27-27 every office, department, agency, and activity of the city
27-28 government.
27-29 SECTION 6.23.
27-30 Budget ordinance.
27-31 The city council may provide an ordinance on the procedures
27-32 and requirements for the preparation and execution of an
27-33 annual operating budget, a capital improvement program, and
27-34 a capital budget, including requirements as to the scope,
27-35 content, and form of such budgets and programs.
27-36 SECTION 6.24.
27-37 Operating budget.
27-38 The city administrator, or in the absence of any
27-39 administrator, the mayor, is designated as budget officer of
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28- 1 the city. On or before a date fixed by the city council but
28- 2 not later than 30 days prior to the beginning of each fiscal
28- 3 year, the budget officer shall submit to the city council a
28- 4 proposed operating budget for the ensuing fiscal year. The
28- 5 budget shall be accompanied by a message from the budget
28- 6 officer containing a statement of the general fiscal
28- 7 policies of the city, the important features of the budget,
28- 8 explanations of major changes recommended for the next
28- 9 fiscal year, a general summary of the budget, and such other
28-10 comments and information as the budget officer may deem
28-11 pertinent. The operating budget, the capital improvements
28-12 budget, the budget message, and all supporting documents
28-13 shall be filed in the office of the city clerk and shall be
28-14 open to public inspection.
28-15 SECTION 6.25.
Adoption.
28-16 (a) The city council may amend the operating budget proposed
28-17 by the budget officer, except that the budget as finally
28-18 amended and adopted must provide for all expenditures
28-19 required by state law or by other provisions of this charter
28-20 and for all debt service requirements for the ensuing fiscal
28-21 year. The total appropriations from any fund shall not
28-22 exceed the estimated fund balance, reserves, and revenues.
28-23 (b) The city council shall by ordinance adopt the final
28-24 operating budget for the ensuing fiscal year not later than
28-25 last day of the then current fiscal year. If the city
28-26 council fails to adopt the budget by said date, the amounts
28-27 appropriated for operation for the then current fiscal year
28-28 shall be deemed adopted for the ensuing fiscal year on a
28-29 month-to-month basis, with all items prorated accordingly,
28-30 until such time as the city council adopts a budget for the
28-31 ensuing fiscal year. Adoption of the budget shall take the
28-32 form of an appropriations ordinance setting out the
28-33 estimated revenues in detail by sources and making
28-34 appropriations according to fund and by organizational unit,
28-35 purpose, or activity.
28-36 (c) The amount set out in the adopted operating budget for
28-37 each organizational unit shall constitute the annual
28-38 appropriation for such, and no expenditure shall be made or
28-39 encumbrance created in excess of the otherwise unencumbered
28-40 balance of the appropriations or allotments thereof to which
28-41 it is chargeable.
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29- 1 SECTION 6.26.
29- 2 Levy of taxes.
29- 3 Following adoption of the operating budget, the city council
29- 4 shall levy by ordinance such taxes as are necessary. The
29- 5 taxes and tax rates set by such ordinance shall be such that
29- 6 reasonable estimates of revenues from such levy shall at
29- 7 least be sufficient, together with other anticipated
29- 8 revenues, fund balances, and applicable reserves, to equal
29- 9 the total amount appropriated for each of the several funds
29-10 set forth in the annual operating budget for defraying the
29-11 expense of the general government of this city.
29-12 SECTION 6.27.
29-13 Changes in appropriations.
29-14 The city council by ordinance may make changes in the
29-15 appropriations contained in the current operating budget at
29-16 any regular meeting or special or emergency meeting called
29-17 for such purposes, but any additional appropriations may be
29-18 made only from an existing unexpended surplus.
29-19 SECTION 6.28.
29-20 Capital improvements.
29-21 (a) The budget officer may submit to the city council a
29-22 proposed capital improvements budget with his or her
29-23 recommendations as to the means of financing the
29-24 improvements proposed for the ensuing fiscal year. The city
29-25 council shall not authorize an expenditure for the
29-26 construction of any building, structure, work, or
29-27 improvement unless the appropriations for such project are
29-28 included in the capital improvements budget, except to meet
29-29 a public emergency as provided in Section 2.24 of this
29-30 charter.
29-31 (b) Where a capital improvements budget is adopted by the
29-32 city council for the ensuing fiscal year, no appropriations
29-33 provided for in a prior capital improvements budget shall
29-34 lapse until the purpose for which the appropriations were
29-35 made shall have been accomplished or abandoned; provided,
29-36 however, the budget officer may submit amendments to the
29-37 capital improvements budget at any time during the fiscal
29-38 year, accompanied by the budget officer's recommendations.
29-39 Any such amendments to the capital improvements budget shall
29-40 become effective only upon adoption by ordinance.
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30- 1 SECTION 6.29.
Audits.
30- 2 There shall be an annual independent audit of all city
30- 3 accounts, funds, and financial transactions by a certified
30- 4 public accountant selected by the city council. The audit
30- 5 shall be conducted according to generally accepted
30- 6 accounting principles. Any audit of any funds by the state
30- 7 or federal government may be accepted as satisfying the
30- 8 requirements of this charter. Copies of all audit reports
30- 9 shall be available at printing costs to the public.
30-10 SECTION 6.30.
30-11 Procurement and property management.
30-12 No contract with the city for an amount exceeding $2,500.00
30-13 shall be binding on the city unless:
30-14 (1) It is in writing;
30-15 (2) It is drawn or submitted and reviewed by the city
30-16 attorney and, as a matter of course, is signed by the
30-17 city attorney to indicate such drafting or review; and
30-18 (3) It is made or authorized by the city council and
30-19 such approval is entered in the city council journal of
30-20 proceedings pursuant to Section 2.20 of this charter.
30-21 SECTION 6.31.
Purchasing.
30-22 The city council may by ordinance prescribe procedures for a
30-23 system of centralized purchasing for the city.
30-24 SECTION 6.32.
30-25 Sale of property.
30-26 (a) The city council may sell and convey any real or
30-27 personal property owned or held by the city for governmental
30-28 or other purposes as now or hereafter provided by law.
30-29 (b) The city council may quitclaim any rights it may have in
30-30 property not needed for public purposes upon report by the
30-31 city administrator or mayor and adoption of a resolution,
30-32 both finding that the property is not needed for public or
30-33 other purposes and that the interest of the city has no
30-34 readily ascertainable monetary value.
30-35 (c) Whenever in opening, extending, or widening any street,
30-36 avenue, alley, or public place of the city a small parcel or
30-37 tract of land is cut off or separated by such work from a
30-38 larger tract or boundary of land owned by the city, the city
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31- 1 council may authorize the mayor to execute and deliver in
31- 2 the name of the city a deed conveying said cut-off or
31- 3 separated parcel or tract of land to an abutting or
31- 4 adjoining property owner or owners in exchange for rights of
31- 5 way of said street, avenue, alley, or public place when such
31- 6 exchange is deemed to be in the best interest of the city.
31- 7 All deeds and conveyances heretofore and hereafter so
31- 8 executed and delivered shall convey all title and interest
31- 9 the city has in such property, notwithstanding the fact that
31-10 no public sale after advertisement was or is hereafter made.
ARTICLE VII
31-11 GENERAL PROVISIONS
31-12 SECTION 7.10.
31-13 Bonds for officials.
31-14 The officers and employees of this city, both elected and
31-15 appointed, shall execute such surety or fidelity bonds in
31-16 such amounts and upon such terms and conditions as the city
31-17 council shall from time to time require by ordinance or as
31-18 may be provided by law.
31-19 SECTION 7.11.
31-20 Prior ordinances.
31-21 All ordinances, resolutions, rules, and regulations now in
31-22 force in the city not inconsistent with this charter are
31-23 declared valid and of full effect and force until amended or
31-24 repealed by the city council.
31-25 SECTION 7.12.
31-26 First election under this charter.
31-27 Those persons serving as mayor and councilmembers on the
31-28 effective date of the adoption of this charter shall serve
31-29 out the remainder of their respective terms of office and
31-30 until respective successors are elected and qualified. The
31-31 first municipal election shall be on the Tuesday next
31-32 following the first Monday in November, 1997, at which
31-33 successors to councilmembers whose terms expire December 31,
31-34 1997, shall be elected for an initial term of four years and
31-35 until respective successors are elected and qualified such
31-36 that a continuing body is created. Successors to the mayor
31-37 and councilmembers whose terms expire December 31, 1999,
31-38 shall be elected in the municipal general election held in
31-39 1999 for an initial term of four years and until respective
31-40 successors are elected and qualified. Each mayor and
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32- 1 councilmember elected thereafter shall serve a full term as
32- 2 provided in Section 2.11 of this charter.
32- 3 SECTION 7.13.
32- 4 Pending matters.
32- 5 Except as specifically provided otherwise by this charter,
32- 6 all rights, claims, actions, orders, contracts, and legal or
32- 7 administrative proceedings shall continue and any such
32- 8 ongoing work or cases shall be completed by such city
32- 9 agencies, personnel, or offices as may be provided by the
32-10 city council.
32-11 SECTION 7.14.
32-12 Definitions and construction.
32-13 (a) Section captions in this charter are informative only
32-14 and shall not be considered as a part thereof.
32-15 (b) The word "shall" is mandatory and the word "may" is
32-16 permissive.
32-17 (c) The singular shall include the plural, the masculine
32-18 shall include the feminine, and vice versa.
32-19 SECTION 7.15.
32-20 Specific repealer.
32-21 An Act incorporating the City of Lake City in the County of
32-22 Clayton, approved February 12, 1951 (Ga. L. 1951, p. 2351),
32-23 as amended, is repealed in its entirety.
32-24 SECTION 7.16.
32-25 Submission for approval.
32-26 It shall be the duty of the governing authority of the City
32-27 of Lake City to require the attorney therefor to submit this
32-28 Act for approval pursuant to Section 5 of the federal Voting
32-29 Rights Act of 1965, as amended.
32-30 SECTION 7.17.
32-31 Effective date.
32-32 This section and Section 7.16 of this Act shall become
32-33 effective upon its approval by the Governor or upon its
32-34 becoming law without such approval. The remaining sections
32-35 of this Act shall become effective July 1, 1996.
32-36 SECTION 7.18.
32-37 General repealer.
32-38 All laws and parts of laws in conflict with this Act are
32-39 repealed.
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97