HB 1905 - Offerman, City of; new charter
Georgia House of Representatives - 1995/1996 Sessions
HB 1905 - Offerman, City of; new charter
1. Smith 169th 2. Mosley 171st
House Comm: LLeg / Senate Comm: SLGO /
House Vote: Yeas 93 Nays 7 Senate Vote: Yeas 42 Nays 1
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House Action Senate
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3/12/96 Read 1st Time 3/14/96
3/13/96 Read 2nd Time
3/14/96 Favorably Reported 3/18/96
3/14/96 Read 3rd Time
3/14/96 Passed/Adopted 3/18/96
3/28/96 Sent to Governor
4/2/96 Signed by Governor
736 Act/Veto Number
7/1/96 Effective Date
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Code Sections amended:
HB 1905 LC 21 4027
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the City of Offerman; to
1- 2 provide for incorporation, 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 mayor and certain duties, powers, and other matters
1-12 relative thereto; to provide for administrative affairs and
1-13 responsibilities; to provide for boards, commissions, and
1-14 authorities; to provide for a city attorney, a city clerk, a
1-15 city treasurer, a city accountant, and other personnel and
1-16 matters relating thereto; to provide for rules and
1-17 regulations; to provide for a municipal court and the judge
1-18 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 other
1-28 matters relative to the foregoing; to provide conditions for
1-29 an effective date and automatic repeal; to repeal
1-30 conflicting laws; and for other purposes.
1-31 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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ARTICLE I
2- 1 INCORPORATION AND POWERS
2- 2 SECTION 1.10.
Name.
2- 3 This city and the inhabitants thereof are constituted and
2- 4 declared a body politic and corporate under the name and
2- 5 style Offerman, Georgia, and by that name shall have
2- 6 perpetual succession.
2- 7 SECTION 1.11.
2- 8 Corporate boundaries.
2- 9 (a) The boundaries of this city shall be defined as a
2-10 perfect circle of one mile radius with its center point
2-11 located at the intersection of U.S. Highway 84 and the
2-12 Georgia Power right of way, with such alterations as may be
2-13 made from time to time in the manner provided by law. The
2-14 boundaries of this city at all times shall be shown on a
2-15 map, a written description, or any combination thereof, to
2-16 be retained permanently in the office of the City of
2-17 Offerman and to be designated, as the case may be:
2-18 "Official Map (or Description) of the corporate limits of
2-19 the City of Offerman, Georgia." Photographic, typed, or
2-20 other copies of such map or description certified by the
2-21 city clerk shall be admitted as evidence in all courts and
2-22 shall have the same force and effect as with the original
2-23 map or description.
2-24 (b) The city council may provide for the redrawing of any
2-25 such map by ordinance to reflect lawful changes in the
2-26 corporate boundaries. A redrawn map shall supersede for all
2-27 purposes the entire map or maps which it is designated to
2-28 replace.
2-29 SECTION 1.12.
2-30 Powers and construction.
2-31 (a) This city shall have all powers possible for a city to
2-32 have under the present or future Constitution and laws of
2-33 this state as fully and completely as though they were
2-34 specifically enumerated in this Act. This city shall have
2-35 all the powers of self-government not otherwise prohibited
2-36 by this Act or by general law.
2-37 (b) The powers of this city shall be construed liberally in
2-38 favor of the city. The specific mention or failure to
2-39 mention particular powers shall not be construed as limiting
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3- 1 in any way the powers of this city. These powers shall
3- 2 include, but not be limited to, the following:
3- 3 (1) Air and water pollution. To regulate the emission of
3- 4 smoke or other exhaust which pollutes the air and to
3- 5 prevent the pollution of natural streams or bodies of
3- 6 water within the corporate limits of the city;
3- 7 (2) Animal regulations. To regulate and license or to
3- 8 prohibit the keeping or running at large of animals and
3- 9 fowl and to provide for the impoundment of same if in
3-10 violation of any ordinance or lawful order; to provide
3-11 for the disposition by sale, gift, or humane destruction
3-12 of animals and fowl when not redeemed as provided by
3-13 ordinance; and to provide punishment for violation of
3-14 ordinances enacted under this Act;
3-15 (3) Appropriations and expenditures. To make
3-16 appropriations for the support of the government of the
3-17 city; to authorize the expenditure of money for any
3-18 purposes authorized by this Act and for any purpose for
3-19 which a municipality is authorized by the laws of the
3-20 State of Georgia; and to provide for the payment of
3-21 expenses of the city;
3-22 (4) Building regulation. To regulate and to license the
3-23 erection and construction of buildings and all other
3-24 structures; to adopt building, housing, plumbing,
3-25 electrical, gas, and heating and air-conditioning codes;
3-26 and to regulate all housing and building trades;
3-27 (5) Business regulation and taxation. To levy and to
3-28 provide for collection of license fees and taxes on
3-29 privileges, occupations, trades, and professions; to
3-30 license and regulate the same; to provide for the manner
3-31 and method of payment of such licenses and taxes; and to
3-32 revoke such licenses after due process for failure to
3-33 pay any city taxes or fees;
3-34 (6) Condemnation. To condemn property, inside or outside
3-35 the corporate limits of the city, for present or future
3-36 use and for any corporate purpose deemed necessary by
3-37 the governing authority, utilizing procedures enumerated
3-38 in Title 22 of the O.C.G.A. or such other applicable
3-39 laws as are now or may hereafter be enacted;
3-40 (7) Contracts. To enter into contracts and agreements
3-41 with other governmental entities and with private
3-42 persons, firms, and corporations;
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4- 1 (8) Emergencies. To establish procedures for determining
4- 2 and proclaiming that an emergency situation exists
4- 3 within or outside the city and to make and carry out all
4- 4 reasonable provisions deemed necessary to deal with or
4- 5 meet such an emergency for the protection, safety,
4- 6 health, or well-being of the citizens of the city;
4- 7 (9) Fire regulations. To fix and establish fire
4- 8 districts and from time to time to extend, enlarge, or
4- 9 restrict the same; to prescribe fire safety regulations
4-10 not inconsistent with general law, relating to both fire
4-11 prevention and detection and to fire fighting; and to
4-12 prescribe penalties and punishment for violations
4-13 thereof;
4-14 (10) Garbage fees. To levy, fix, assess, and collect a
4-15 garbage, refuse, and trash collection and disposal and
4-16 other sanitary service charge, tax, or fee for such
4-17 services as may be necessary in the operation of the
4-18 city from all individuals, firms, and corporations
4-19 residing in or doing business in the city benefiting
4-20 from such services; to enforce the payment of such
4-21 charges, taxes, or fees; and to provide for the manner
4-22 and method of collecting such service charges;
4-23 (11) General health, safety, and welfare. To define,
4-24 regulate, and prohibit any act, practice, conduct, or
4-25 use of property which is detrimental to health,
4-26 sanitation, cleanliness, welfare, and safety of the
4-27 inhabitants of the city and to provide for the
4-28 enforcement of such standards;
4-29 (12) Gifts. To accept or refuse gifts, donations,
4-30 bequests, or grants from any source for any purpose
4-31 related to powers and duties of the city and the general
4-32 welfare of its citizens, on such terms and conditions as
4-33 the donor or grantor may impose;
4-34 (13) Health and sanitation. To prescribe standards of
4-35 health and sanitation and to provide for the enforcement
4-36 of such standards;
4-37 (14) Jail sentences. To provide that persons given jail
4-38 sentences in the municipal court may work out such
4-39 sentences in any public works or on the streets, roads,
4-40 drains, and squares or other public property in the
4-41 city; to provide for commitment of such persons to any
4-42 jail; or to provide for commitment of such persons to
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5- 1 any county work camp or county jail by agreement with
5- 2 the appropriate county officials;
5- 3 (15) Motor vehicles. To regulate the operation of motor
5- 4 vehicles and exercise control over all traffic,
5- 5 including parking upon or across the streets, roads,
5- 6 alleys, and walkways of the city;
5- 7 (16) Municipal agencies and delegation of power. To
5- 8 create, alter, or abolish departments, boards, offices,
5- 9 commissions, and agencies of the city and to confer upon
5-10 such agencies the necessary and appropriate authority
5-11 for carrying out all the powers conferred upon or
5-12 delegated to the same;
5-13 (17) Municipal debts. To appropriate and borrow money
5-14 for the payment of debts of the city and to issue bonds
5-15 for the purpose of raising revenue to carry out any
5-16 project, program, or venture authorized by this Act or
5-17 the laws of the State of Georgia;
5-18 (18) Municipal property ownership. To acquire, dispose
5-19 of, and hold in trust or otherwise any real, personal,
5-20 or mixed property, in fee simple or lesser interest,
5-21 inside or outside the property limits of the city;
5-22 (19) Municipal property protection. To provide for the
5-23 preservation and protection of property and equipment of
5-24 the city and the administration and use of same by the
5-25 public; and to prescribe penalties and punishment for
5-26 violations thereof;
5-27 (20) Municipal utilities. To acquire, lease, construct,
5-28 operate, maintain, sell, and dispose of public
5-29 utilities, including but not limited to a system of
5-30 waterworks, sewers and drains, sewage disposal, gas
5-31 works, electric light plants, cable television and other
5-32 telecommunications, transportation facilities, public
5-33 airports, and any other public utility; and to fix the
5-34 taxes, charges, rates, fares, fees, assessments,
5-35 regulations, and penalties and to provide for the
5-36 withdrawal of service for refusal or failure to pay the
5-37 same; and to authorize the extension of water, sewerage,
5-38 and electrical distribution systems, and all necessary
5-39 appurtenances by which such utilities are distributed,
5-40 inside and outside the corporate limits of the city and
5-41 to provide utility services to persons, firms, and
5-42 corporations inside the corporate limits of the city as
5-43 provided by ordinance;
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6- 1 (21) Nuisance. To define a nuisance and provide for its
6- 2 abatement whether on public or private property;
6- 3 (22) Penalties. To provide penalties for violation of
6- 4 any ordinances adopted pursuant to the authority of this
6- 5 Act and the laws of the State of Georgia;
6- 6 (23) Planning and zoning. To provide comprehensive city
6- 7 planning for development by zoning; and to provide
6- 8 subdivision regulation and the like as the city council
6- 9 deems necessary and reasonable to ensure a safe,
6-10 healthy, and esthetically pleasing community;
6-11 (24) Police and fire protection. To exercise the power
6-12 of arrest through duly appointed police officers and to
6-13 establish, operate, or contract for a police and a
6-14 fire-fighting agency;
6-15 (25) Public hazards; removal. To provide for the
6-16 destruction and removal of any public building or other
6-17 structure which is or may become dangerous or
6-18 detrimental to the public;
6-19 (26) Public improvements. To provide for the
6-20 acquisition, construction, building, operation, and
6-21 maintenance of public ways, parks and playgrounds,
6-22 recreational facilities, cemeteries, markets and market
6-23 houses, public buildings, libraries, public housing,
6-24 airports, hospitals, terminals, docks, parking
6-25 facilities, or charitable, cultural, educational,
6-26 recreational, conservation, sport, curative, corrective,
6-27 detentional, penal, and medical institutions, agencies,
6-28 and facilities; and to provide any other public
6-29 improvements, inside or outside the corporate limits of
6-30 the city; to regulate the use of public improvements;
6-31 and, for such purposes, property may be acquired by
6-32 condemnation under Title 22 of the O.C.G.A. or such
6-33 other applicable laws as are now or may hereafter be
6-34 enacted;
6-35 (27) Public peace. To provide for the prevention and
6-36 punishment of drunkenness, riots, and public
6-37 disturbances;
6-38 (28) Public transportation. To organize and operate or
6-39 contract for such public transportation systems as are
6-40 deemed beneficial;
6-41 (29) Public utilities and services. To grant franchises
6-42 or make contracts for public utilities and public
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7- 1 services and to prescribe the rates, fares, regulations,
7- 2 and standards and conditions of service applicable to
7- 3 the service to be provided by the franchise grantee or
7- 4 contractor, insofar as not in conflict with valid
7- 5 regulations of the Georgia Public Service Commission;
7- 6 (30) Regulation of roadside areas. To prohibit or
7- 7 regulate and control the erection, removal, and
7- 8 maintenance of signs, billboards, trees, shrubs, fences,
7- 9 buildings, and any and all other structures or
7-10 obstructions upon or adjacent to the rights of way of
7-11 streets and roads or within view thereof, within or
7-12 abutting the corporate limits of the city; and to
7-13 prescribe penalties and punishment for violation of such
7-14 ordinances;
7-15 (31) Retirement. To provide and maintain a retirement
7-16 plan for officers and employees of the city;
7-17 (32) Roadways. To lay out, open, extend, widen, narrow,
7-18 establish or change the grade of, abandon or close,
7-19 construct, pave, curb, gutter, adorn with shade trees,
7-20 or otherwise improve, maintain, repair, clean, prevent
7-21 erosion of, and light the roads, alleys, and walkways
7-22 within the corporate limits of the city; and to
7-23 negotiate and execute leases over, through, under, or
7-24 across any city property or the right of way of any
7-25 street, road, alley, and walkway or portion thereof
7-26 within the corporate limits of the city for bridges,
7-27 passageways, or any other purpose or use between
7-28 buildings on opposite sides of the street and for other
7-29 bridges, overpasses, and underpasses for private use at
7-30 such location and to charge a rental therefor in such
7-31 manner as may be provided by ordinance; and to authorize
7-32 and control the construction of bridges, overpasses, and
7-33 underpasses within the corporate limits of the city; and
7-34 to grant franchises and rights of way throughout the
7-35 streets and roads and over the bridges and viaducts for
7-36 the use of public utilities and for private use; and to
7-37 require real estate owners to repair and maintain in a
7-38 safe condition the sidewalks adjoining their lots or
7-39 lands and to impose penalties for failure to do so;
7-40 (33) Sewer fees. To levy a fee, charge, or sewer tax as
7-41 necessary to assure the acquiring, constructing,
7-42 equipping, operating, maintaining, and extending of a
7-43 sewage disposal plant and sewerage system and to levy on
7-44 those to whom sewers and sewerage systems are made
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8- 1 available a sewer service fee, charge, or sewer tax for
8- 2 the availability or use of the sewers; to provide for
8- 3 manner and method of collecting such service charges and
8- 4 for enforcing payment of the same; and to charge,
8- 5 impose, and collect a sewer connection fee or fees to
8- 6 those connected with the system;
8- 7 (34) Solid waste disposal. To provide for the collection
8- 8 and disposal of garbage, rubbish, and refuse and to
8- 9 regulate the collection and disposal of garbage,
8-10 rubbish, and refuse by others; and to provide for the
8-11 separate collection of glass, tin, aluminum, cardboard,
8-12 paper, and other recyclable materials and to provide for
8-13 the sale of such items;
8-14 (35) Special areas of public regulation. To regulate or
8-15 prohibit junk dealers, pawn shops, the manufacture,
8-16 sale, or transportation of any alcoholic beverages, and
8-17 the use and sale of firearms; to regulate the
8-18 transportation, storage, and use of combustible,
8-19 explosive, and inflammable materials, the use of
8-20 lighting and heating equipment, and any other business
8-21 or situation which may be dangerous to persons or
8-22 property; to regulate and control the conduct of
8-23 peddlers and itinerant traders, theatrical performances,
8-24 exhibitions, and shows of any kind, by taxation or
8-25 otherwise; and to license, tax, regulate, or prohibit
8-26 professional fortunetelling, palmistry, adult
8-27 bookstores, and massage parlors;
8-28 (36) Special assessments. To levy and provide for the
8-29 collection of special assessments, when approved by a
8-30 two-thirds' majority vote of the electors voting in a
8-31 special election thereon, to cover the costs for any
8-32 public improvements;
8-33 (37) Taxes: ad valorem. To levy and provide for
8-34 assessment, valuation, revaluation, and collection of
8-35 taxes on all property subject to taxation;
8-36 (38) Taxes: other. To levy and collect such other taxes
8-37 as may be allowed now or in the future by law, when
8-38 approved by a two-thirds' majority vote of the electors
8-39 voting in a special election thereon;
8-40 (39) Taxicabs. To regulate and license vehicles operated
8-41 for hire in the city; to limit the number of such
8-42 vehicles; to require the operators thereof to be
8-43 licensed; to require public liability insurance on such
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9- 1 vehicles in the amounts to be prescribed by ordinance;
9- 2 and to regulate the parking of such vehicles;
9- 3 (40) Urban redevelopment. To organize and operate an
9- 4 urban redevelopment program; and
9- 5 (41) Other powers. To exercise and enjoy all other
9- 6 powers, functions, rights, privileges, and immunities
9- 7 necessary or desirable to promote or protect the safety,
9- 8 health, peace, security, good order, comfort,
9- 9 convenience, or general welfare of the city and its
9-10 inhabitants; and to exercise all implied powers
9-11 necessary to execute all powers granted in this Act as
9-12 fully and completely as if such powers were fully stated
9-13 in this Act; and to exercise all powers now or in the
9-14 future authorized to be exercised by other municipal
9-15 governments under other laws of the State of Georgia;
9-16 and no listing of particular powers in this Act shall be
9-17 held to be exclusive of others, nor restrictive of
9-18 general words and phrases granting powers unless
9-19 expressly prohibited to municipalities under the
9-20 Constitution or applicable laws of the State of Georgia.
9-21 SECTION 1.13.
9-22 Exercise of powers.
9-23 All powers, functions, rights, privileges, and immunities of
9-24 the city, its officers, agencies, or employees shall be
9-25 carried into execution as provided by this Act. If this
9-26 charter makes no provision, such shall be carried into
9-27 execution as provided by ordinance or as provided by
9-28 pertinent laws of the State of Georgia.
ARTICLE II
9-29 GOVERNMENT STRUCTURE
9-30 SECTION 2.10.
9-31 City council creation; number; election.
9-32 The legislative authority of the government of this city,
9-33 except as otherwise specifically provided in this Act, shall
9-34 be vested in a city council to be composed of a mayor and
9-35 six councilmembers. The mayor and councilmembers shall be
9-36 elected in the manner provided by this Act.
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10- 1 SECTION 2.11.
10- 2 City councilmembers;
10- 3 terms and qualifications for office.
10- 4 The members of the city council shall serve for terms of two
10- 5 years and until their respective successors are elected and
10- 6 qualified. No person shall be eligible to serve as mayor or
10- 7 councilmember unless that person shall have been a resident
10- 8 of the city immediately prior to the date of the election of
10- 9 mayor or members of the city council for one year; each
10-10 shall continue to reside therein during that person's period
10-11 of service and to be registered and qualified to vote in
10-12 municipal elections of this city.
10-13 SECTION 2.12.
10-14 Vacancy; filling of vacancies; suspensions.
10-15 (a) Vacancies--The office of mayor or councilmember shall
10-16 become vacant upon the incumbent's death, resignation,
10-17 forfeiture of office, or removal from office in any manner
10-18 authorized by this Act or the general laws of the State of
10-19 Georgia. A vacancy in the office of mayor or councilmember
10-20 shall be filled for the remainder of the unexpired term, if
10-21 any, as provided for in this Act.
10-22 (b) Suspension--Upon the suspension from office of mayor or
10-23 councilmember in any manner authorized by the general laws
10-24 of the State of Georgia, the city council or those remaining
10-25 shall appoint a successor for the duration of the
10-26 suspension. If the suspension becomes permanent, then the
10-27 office shall become vacant and shall be filled for the
10-28 remainder of the unexpired term, if any, as provided for in
10-29 this Act.
10-30 SECTION 2.13.
10-31 Compensation and expenses.
10-32 The mayor and councilmembers shall receive compensation and
10-33 expenses for their services as provided by ordinance and
10-34 approved by two-thirds of the electors voting in a
10-35 referendum on the issue.
10-36 SECTION 2.14.
10-37 Holding other office;
10-38 voting when personally interested.
10-39 (a) Except as authorized by law, no councilmember nor the
10-40 mayor shall hold any other city office or city employment
10-41 during the term for which that person was elected.
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11- 1 (b) No member of the city council nor the mayor shall vote
11- 2 upon, sign, or veto any ordinance, resolution, contract, or
11- 3 other matter in which that person is personally interested.
11- 4 SECTION 2.15.
11- 5 Inquiries and investigations.
11- 6 The city council may make inquiries and investigations into
11- 7 the affairs of the city and conduct of any department,
11- 8 office, or agency thereof and for this purpose may subpoena
11- 9 witnesses, administer oaths, take testimony, and require the
11-10 production of evidence. Any person who fails or refuses to
11-11 obey a lawful order issued in the exercise of these powers
11-12 by the city council shall be punished as may be provided by
11-13 ordinance.
11-14 SECTION 2.16.
11-15 General power and authority of the city council.
11-16 Except as otherwise provided by this Act, the city council
11-17 shall be vested with all the powers of government of this
11-18 city as provided by Article I of this Act.
11-19 SECTION 2.17.
11-20 Organizational meetings.
11-21 The city council shall hold an organizational meeting on
11-22 February 1, 1997. The meeting shall be called to order by
11-23 the city clerk and the oath of office shall be administered
11-24 to the newly elected members as follows: "I do solemnly
11-25 (swear) (affirm) that I will faithfully perform the duties
11-26 of (mayor) (councilmember) of this city and that I will
11-27 support and defend the charter thereof as well as the
11-28 Constitution and laws of the State of Georgia and the United
11-29 States of America."
11-30 SECTION 2.18.
Meetings.
11-31 (a) The city council shall hold regular meetings at such
11-32 times and places as prescribed by ordinance.
11-33 (b) Special meetings of the city council may be held on call
11-34 of the mayor or four members of the city council. Notice of
11-35 such special meeting shall be served on all other members
11-36 personally, or by telephone personally, at least 48 hours in
11-37 advance of the meeting. Such notice to councilmembers shall
11-38 not be required if the mayor and all councilmembers are
11-39 present when the special meeting is called. Such notice of
11-40 any special meeting may be waived by a councilmember in
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12- 1 writing before or after such a meeting and attendance at the
12- 2 meeting shall also constitute a waiver of notice on any
12- 3 business transacted in such councilmember's presence. Only
12- 4 the business stated in the call may be transacted at the
12- 5 special meeting.
12- 6 (c) All meetings of the city council shall be public to the
12- 7 extent required by law and notice to the public of special
12- 8 meetings shall be given as required by law.
12- 9 SECTION 2.19.
12-10 Rules of procedure.
12-11 (a) The city council shall adopt its rules of procedure and
12-12 order of business consistent with the provisions of this Act
12-13 and shall provide for keeping of a journal of its
12-14 proceedings, which shall be a public record.
12-15 (b) All committees and committee chairpersons and officers
12-16 of the city council shall be appointed both by the mayor and
12-17 councilmembers and shall serve at the pleasure of the mayor
12-18 and councilmembers. The mayor and councilmembers shall have
12-19 the power to appoint new members to any committee at any
12-20 time.
12-21 SECTION 2.20.
12-22 Quorum; voting.
12-23 (a) Four councilmembers shall constitute a quorum and shall
12-24 be authorized to transact business of the city council.
12-25 Voting on the adoption of ordinances shall be by voice vote
12-26 and the vote shall be recorded in the journal, but any
12-27 member of the city council shall have the right to request a
12-28 roll-call vote and such vote shall be recorded in the
12-29 journal. Except as otherwise provided in this Act, the
12-30 affirmative vote of four councilmembers shall be required
12-31 for the adoption of any ordinance, resolution, or motion.
12-32 (b) In the event vacancies in office result in less than a
12-33 quorum of councilmembers holding office, then the remaining
12-34 councilmembers shall be authorized to transact business of
12-35 the city council. A vote of a majority of the remaining
12-36 councilmembers shall be required for the adoption of any
12-37 ordinance, resolution, or motion.
12-38 SECTION 2.21.
12-39 Ordinance form; procedures.
12-40 (a) Every proposed ordinance should be introduced in writing
12-41 and in the form required for final adoption. No ordinance
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13- 1 shall contain a subject which is not expressed in its title.
13- 2 The enacting clause shall be "The City Council of Offerman
13- 3 hereby ordains ..." and every ordinance shall so begin.
13- 4 (b) An ordinance may be introduced by any councilmember and
13- 5 be read at a regular or special meeting of the city council.
13- 6 Ordinances shall be considered and adopted or rejected by
13- 7 the city council in accordance with the rules which it shall
13- 8 establish; provided, however, an ordinance shall not be
13- 9 adopted the same day it is introduced, except for emergency
13-10 ordinances provided for in Section 2.23 of this Act. Upon
13-11 introduction of any ordinance, the clerk shall as soon as
13-12 possible distribute a copy to the mayor and each
13-13 councilmember and shall file a reasonable number of copies
13-14 in the office of the clerk and at such other public places
13-15 as the city council may designate.
13-16 SECTION 2.22.
13-17 Action requiring an ordinance.
13-18 Acts of the city council which have the force and effect of
13-19 law shall be enacted by ordinance.
13-20 SECTION 2.23.
Emergencies.
13-21 To meet a public emergency affecting life, health, property,
13-22 or public peace, the city council may convene on call of the
13-23 mayor or four councilmembers and may promptly adopt an
13-24 emergency ordinance, but such ordinance may not levy taxes;
13-25 grant, renew, or extend a franchise; regulate the rate
13-26 charged by any public utility for its services; or authorize
13-27 the borrowing of money except for loans to be repaid within
13-28 30 days. An emergency ordinance shall be introduced in the
13-29 form prescribed for ordinances generally, except that it
13-30 shall be plainly designated as an emergency ordinance and
13-31 shall contain, after the enacting clause, a declaration
13-32 stating that an emergency exists and describing the
13-33 emergency in clear and specific terms. An emergency
13-34 ordinance may be adopted, with or without amendment, or
13-35 rejected at the meeting at which it is introduced, but the
13-36 affirmative vote of at least four councilmembers shall be
13-37 required for adoption. It shall become effective upon
13-38 adoption or at such later time as it may specify. Every
13-39 emergency ordinance shall automatically stand repealed 30
13-40 days following the date upon which it was adopted, but this
13-41 shall not prevent reenactment of the ordinance in the manner
13-42 specified in this section if the emergency continues to
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14- 1 exist. An emergency ordinance may also be repealed by
14- 2 adoption of a repealing ordinance in the same manner
14- 3 specified in this section for adoption of emergency
14- 4 ordinances.
14- 5 SECTION 2.24.
14- 6 Codes of technical regulations.
14- 7 (a) The city council may adopt any standard code of
14- 8 technical regulations by reference thereto in an adopting
14- 9 ordinance. The procedure and requirements governing such
14-10 adopting ordinance shall be as prescribed for ordinances
14-11 generally except that: (1) the requirements of subsection
14-12 (b) of Section 2.21 of this Act for distribution and filing
14-13 of copies of the ordinance shall be construed to include
14-14 copies of any code of technical regulations, as well as the
14-15 adopting ordinance; and (2) a copy of each adopted code of
14-16 technical regulations, as well as the adopting ordinance,
14-17 shall be authenticated and recorded by the city clerk
14-18 pursuant to Section 2.25 of this Act.
14-19 (b) Copies of any adopted code of technical regulations
14-20 shall be made available by the city clerk for distribution
14-21 or for purchase at a reasonable price.
14-22 SECTION 2.25.
14-23 Signing; authenticating;
14-24 recording; codification; printing.
14-25 (a) The clerk shall authenticate by the clerk's signature
14-26 and record in full in a properly indexed book kept for that
14-27 purpose all ordinances adopted by the city council.
14-28 (b) The city council shall provide for the preparation of a
14-29 general codification of all the ordinances of the city
14-30 having the force and effect of law. The general
14-31 codification shall be adopted by the city council by
14-32 ordinance and shall be published promptly, together with all
14-33 amendments thereto and such codes of technical regulations
14-34 and other rules and regulations as the city council may
14-35 specify. This compilation shall be known and cited
14-36 officially as "The Code of the City of Offerman, Georgia."
14-37 Copies of the code shall be furnished to all officers,
14-38 departments, and agencies of the city and made available for
14-39 purchase by the public at a reasonable price as fixed by the
14-40 city council.
14-41 (c) The city council shall cause each ordinance and each
14-42 amendment to this charter to be printed as soon as
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15- 1 practicable following its adoption, and the printed
15- 2 ordinances and charter amendments shall be made available
15- 3 for purchase by the public at reasonable prices to be fixed
15- 4 by the city council. Following publication of the first code
15- 5 under this Act and at all times thereafter, the ordinances
15- 6 and charter amendments shall be printed in substantially the
15- 7 same style as the code currently in effect and shall be
15- 8 suitable in form for incorporation therein. The city
15- 9 council shall make such further arrangements as deemed
15-10 desirable with reproduction and distribution of any current
15-11 changes in or additions to codes of technical regulations
15-12 and other rules and regulations included in the code.
15-13 SECTION 2.26.
15-14 Election of mayor; forfeiture; compensation.
15-15 The mayor shall be elected and shall serve for a term of two
15-16 years and until the mayor's successor is elected and
15-17 qualified. The mayor shall be a qualified elector of this
15-18 city and shall have been a resident of the city immediately
15-19 preceding the mayor's election for a period of no less than
15-20 one year. The mayor shall continue to reside in this city
15-21 during the period of the mayor's service. The mayor shall
15-22 forfeit the office of mayor on the same grounds and under
15-23 the same procedure as for councilmembers. The compensation
15-24 of the mayor shall be established in the same manner as for
15-25 councilmembers.
15-26 SECTION 2.27.
15-27 Mayor pro tempore.
15-28 By a majority vote, the city council shall elect a
15-29 councilmember to serve as mayor pro tempore. The mayor pro
15-30 tempore shall assume the duties and powers of the mayor
15-31 during the mayor's disability or absence. Any such
15-32 disability or absence shall be declared by a majority vote
15-33 of the city council.
15-34 SECTION 2.28.
15-35 Powers and duties of mayor.
15-36 The mayor shall:
15-37 (1) Preside at all meetings of the city council;
15-38 (2) Be the head of the city for the purpose of service
15-39 of process and for ceremonial purposes and be the
15-40 official spokesperson for the city and the advocate of
15-41 policy;
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16- 1 (3) Have the power to administer oaths and to take
16- 2 affidavits;
16- 3 (4) Sign as a matter of course on behalf of the city all
16- 4 written and approved contracts, ordinances, and other
16- 5 instruments executed by the city which by law are
16- 6 required to be in writing;
16- 7 (5) Vote on matters before the city council and be
16- 8 counted toward a quorum as any other councilmember;
16- 9 (6) Prepare and submit to the city council a recommended
16-10 annual operating budget and recommended capital budget;
16-11 and
16-12 (7) Fulfill such other executive and administrative
16-13 duties as the city council shall by ordinance establish.
ARTICLE III
16-14 ADMINISTRATIVE AFFAIRS
16-15 SECTION 3.10.
16-16 Administrative and service departments.
16-17 (a) Except as otherwise provided in this Act, the city
16-18 council by ordinance shall prescribe the functions or duties
16-19 and establish, abolish, or alter all nonelective offices,
16-20 positions of employment, departments, and agencies of the
16-21 city as necessary for the proper administration of the
16-22 affairs and government of this city.
16-23 (b) Except as otherwise provided by this Act or by law, the
16-24 directors of departments and other appointed officers of the
16-25 city shall be appointed solely on the basis of their
16-26 respective administrative and professional qualifications.
16-27 (c) All appointed officers and directors of departments
16-28 shall receive such compensation as prescribed by ordinance.
16-29 (d) There shall be a director of each department or agency
16-30 who shall be its principal officer. Each director shall,
16-31 subject to the direction and supervision of the mayor, be
16-32 responsible for the administration and direction of the
16-33 affairs and operations of that director's department or
16-34 agency.
16-35 (e) All directors under the supervision of the mayor shall
16-36 be nominated by the mayor with confirmation of appointment
16-37 by the city council. The mayor may suspend or remove
16-38 directors under the mayor's supervision but such suspension
16-39 or removal shall not be effective for ten calendar days
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17- 1 following the mayor's giving written notice of such action
17- 2 and the reason therefor to the director involved and to the
17- 3 city council. The director involved may appeal to the city
17- 4 council which, after a hearing, may override the mayor's
17- 5 action by a vote of four councilmembers.
17- 6 SECTION 3.11.
17- 7 Boards, commissions, and authorities.
17- 8 (a) The city council shall create by ordinance such boards,
17- 9 commissions, and authorities to fulfill any investigative,
17-10 quasi-judicial, or quasi-legislative function the city
17-11 council deems necessary and shall by ordinance establish the
17-12 composition, period of existence, duties, and powers
17-13 thereof.
17-14 (b) All members of boards, commissions, and authorities of
17-15 the city shall be appointed by the city council for such
17-16 terms of office and in such manner as shall be provided by
17-17 ordinance, except where other appointing authority, terms of
17-18 office, or manner of appointment is prescribed by this Act
17-19 or by law.
17-20 (c) The city council by ordinance may provide for the
17-21 compensation and reimbursement for actual and necessary
17-22 expenses of the members of any board, commission, or
17-23 authority.
17-24 (d) Except as otherwise provided by this Act or by law, no
17-25 member of any board, commission, or authority shall hold any
17-26 elective office in the city.
17-27 (e) Any vacancy on a board, commission, or authority of the
17-28 city shall be filled for the unexpired term in the manner
17-29 prescribed in this Act for original appointment, except as
17-30 otherwise provided by this Act or by law.
17-31 (f) No member of a board, commission, or authority shall
17-32 assume office until that person has executed and filed with
17-33 the clerk of the city an oath obligating that person to
17-34 perform faithfully and impartially the duties of that
17-35 person's office, such oath shall be prescribed by ordinance
17-36 and administered by the mayor.
17-37 (g) Any member of a board, commission, or authority may be
17-38 removed from office for cause by a vote of four members of
17-39 the city council.
17-40 (h) Except as otherwise provided by this Act or by law, each
17-41 board, commission, or authority of the city shall elect one
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18- 1 of its members as chairperson and one member as vice
18- 2 chairperson and may elect as its secretary one of its own
18- 3 members or may appoint as secretary an employee of the city.
18- 4 Each board, commission, or authority of the city government
18- 5 may establish such bylaws, rules, and regulations, not
18- 6 inconsistent with this Act, ordinances of the city, or law,
18- 7 as it deems appropriate and necessary for the fulfillment of
18- 8 its duties or the conduct of its affairs. Copies of such
18- 9 bylaws, rules, and regulations shall be filed with the clerk
18-10 of the city.
18-11 SECTION 3.12.
18-12 City attorney.
18-13 The city council shall appoint a city attorney, together
18-14 with such assistant city attorneys as may be authorized, and
18-15 shall provide for the payment of such attorney or attorneys
18-16 for services rendered to the city. The city attorney shall
18-17 be responsible for representing and defending the city in
18-18 all litigation in which the city is a party; may be the
18-19 prosecuting officer in the municipal court; shall attend the
18-20 meetings of the city council as directed; shall advise the
18-21 city council and other officers and employees of the city
18-22 concerning legal aspects of the city's affairs; and shall
18-23 perform such other duties as may be required of the city
18-24 attorney by virtue of such person's position as city
18-25 attorney.
18-26 SECTION 3.13.
City clerk.
18-27 The city council shall appoint a city clerk who shall not be
18-28 a councilmember. The city clerk shall be custodian of the
18-29 official city seal; maintain city council's records required
18-30 by this Act; and perform such other duties as may be
18-31 required by the city council.
18-32 SECTION 3.14.
18-33 City treasurer.
18-34 The city council shall appoint a city treasurer to collect
18-35 all taxes, licenses, fees, and other moneys belonging to the
18-36 city subject to the provisions of this Act and the
18-37 ordinances of the city and to enforce all laws of Georgia
18-38 relating to the collection of delinquent taxes and sale or
18-39 foreclosure for nonpayment of taxes by the city. The city
18-40 treasurer shall also be responsible for the general duties
18-41 of a treasurer and fiscal officer.
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19- 1 SECTION 3.15.
19- 2 City accountant.
19- 3 The city council shall appoint a city accountant to perform
19- 4 the duties of an accountant.
19- 5 SECTION 3.16.
19- 6 Position classification and pay plans.
19- 7 The mayor shall be responsible for the preparation of a
19- 8 position classification and pay plan which shall be
19- 9 submitted to the city council for approval. Such plan may
19-10 apply to all employees of the city and any of its agencies,
19-11 departments, boards, commissions, or authorities. When a
19-12 pay plan has been adopted, the city council shall not
19-13 increase or decrease the salary range applicable to any
19-14 position except by amendment of such pay plan. For purposes
19-15 of this section, elected and appointed city officials are
19-16 not city employees. The city clerk, city treasurer, and city
19-17 accountant shall receive such compensation as provided by
19-18 the authority which appoints them to their respective
19-19 offices.
19-20 SECTION 3.17.
19-21 Personnel policies.
19-22 The city council shall adopt rules and regulations
19-23 consistent with this Act concerning:
19-24 (1) The method of employee selection and probationary
19-25 periods of employment;
19-26 (2) The administration of the position classification
19-27 and pay plan, methods of promotion and application of
18 service ratings thereto, and transfer of employees
19-29 within the classification plan;
19-30 (3) Hours of work, vacation, sick leave, and other
19-31 leaves of absence, overtime pay, and the order and
19-32 manner in which layoffs shall be effected;
19-33 (4) Such dismissal hearings as due process may require;
19-34 and
19-35 (5) Such other personnel notices as may be necessary to
19-36 provide for adequate and systematic handling of
19-37 personnel affairs.
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ARTICLE IV
20- 1 JUDICIAL BRANCH
20- 2 SECTION 4.10.
20- 3 Creation; name.
20- 4 There shall be a court to be known as the Municipal Court of
20- 5 the City of Offerman.
20- 6 SECTION 4.11.
20- 7 Chief judge; associate judge.
20- 8 (a) The municipal court shall be presided over by a chief
20- 9 judge and such part-time, full-time, or stand-by judges as
20-10 shall be provided by ordinance. The method of selection and
20-11 terms of such judges shall be provided by ordinance.
20-12 (b) No person shall be qualified or eligible to serve as a
20-13 judge on the municipal court unless that person shall have
20-14 attained the age of 21 years. All judges shall be appointed
20-15 by the city council.
20-16 (c) Compensation of the judges shall be fixed by ordinance.
20-17 (d) Judges may be removed for cause by a vote of four
20-18 members of the city council.
20-19 (e) Before assuming office, each judge shall take an oath,
20-20 given by the mayor, that such judge will honestly and
20-21 faithfully discharge the duties of the judge's office to the
20-22 best of the judge's ability and without fear, favor, or
20-23 partiality. The oath shall be entered in the minutes of the
20-24 city council journal.
20-25 SECTION 4.12.
Convening.
20-26 The municipal court shall be convened at regular intervals
20-27 as provided by ordinance.
20-28 SECTION 4.13.
20-29 Jurisdiction; powers.
20-30 (a) The municipal court shall try and punish violations of
20-31 this Act, all city ordinances, and such other violations as
20-32 provided by law.
20-33 (b) The municipal court shall have authority to punish those
20-34 in its presence for contempt, provided that such punishment
20-35 shall not exceed $200.00 or ten days in jail.
20-36 (c) The municipal court may fix punishment for offenses
20-37 within its jurisdiction not exceeding a fine of $500.00 or
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21- 1 imprisonment for ten days or both such fine and imprisonment
21- 2 or may fix punishment by fine, imprisonment, or alternative
21- 3 sentencing, as now or hereafter provided by law.
21- 4 (d) The municipal court shall have authority to establish a
21- 5 schedule of fees to defray the cost of operations and shall
21- 6 be entitled to reimbursement of the cost of meals,
21- 7 transportation, and caretaking of prisoners bound over to
21- 8 superior courts for violations of state law.
21- 9 (e) The municipal court shall have authority to establish
21-10 bail and recognizances to ensure the presence of those
21-11 charged with violations before such court and shall have
21-12 discretionary authority to accept cash or personal or real
21-13 property as surety for the appearance of persons charged
21-14 with violations. Whenever any person shall give bail for
21-15 that person's appearance and shall fail to appear at the
21-16 time fixed for trial, that person's bond shall be forfeited
21-17 by the judge presiding at such time and an execution issued
21-18 thereon by serving the defendant and the defendant's
21-19 sureties with a rule nisi at least two days before a hearing
21-20 on the rule nisi. In the event that cash or property is
21-21 accepted in lieu of bond for security for the appearance of
21-22 a defendant at trial, and if such defendant fails to appear
21-23 at the time and place fixed for trial, the cash so deposited
21-24 shall be on order of the judge declared forfeited to the
21-25 city, or the property so deposited shall have a lien against
21-26 it for the value forfeited which lien shall be enforceable
21-27 in the same manner and to the same extent as a lien for city
21-28 property taxes.
21-29 (f) The municipal court shall have the same authority as
21-30 superior courts to compel the production of evidence in the
21-31 possession of any party; to enforce obedience to its orders,
21-32 judgments, and sentences; and to administer such oaths as
21-33 are necessary.
21-34 (g) The municipal court may compel the presence of all
21-35 parties necessary to a proper disposal of each case by the
21-36 issuance of summonses, subpoenas, and warrants which may be
21-37 served and executed by any officer as authorized by this Act
21-38 or by law.
21-39 (h) Each judge of the municipal court shall be authorized to
21-40 issue warrants for the arrest of persons charged with
21-41 offenses against any ordinance of the city, and each judge
21-42 of the municipal court shall have the same authority as a
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22- 1 magistrate of the state to issue warrants for offenses
22- 2 against state laws committed within the city.
22- 3 (i) The municipal court is specifically vested with all the
22- 4 jurisdiction and powers throughout the geographic area of
22- 5 this city granted by law to municipal courts and
22- 6 particularly by such laws as authorize the abatement of
22- 7 nuisances and prosecution of traffic violations.
22- 8 SECTION 4.14.
Certiorari.
22- 9 The right of certiorari from the decision and judgment of
22-10 the municipal court shall exist in all criminal cases and
22-11 ordinance violation cases, and such certiorari shall be
22-12 obtained under the sanction of a judge of the Superior Court
22-13 of Pierce County under the laws of the State of Georgia
22-14 regulating the granting and issuance of writs of certiorari.
22-15 SECTION 4.15.
22-16 Rules for court.
22-17 With the approval of the city council, the judge shall have
22-18 full power and authority to make reasonable rules and
22-19 regulations necessary and proper to secure the efficient and
22-20 successful administration of the municipal court; provided,
22-21 however, that the city council may adopt in part or in toto
22-22 the rules and regulations applicable to superior courts.
22-23 The rules and regulations made or adopted shall be filed
22-24 with the city clerk, shall be available for public
22-25 inspection, and, upon request, a copy shall be furnished to
22-26 all defendants in municipal court proceedings at least 48
22-27 hours prior to such proceedings.
ARTICLE V
22-28 ELECTIONS AND REMOVAL
22-29 SECTION 5.10.
22-30 Applicability of general law.
22-31 All primaries and elections shall be held and conducted in
22-32 accordance with Chapter 3 of Title 21 of the O.C.G.A., the
22-33 "Georgia Municipal Election Code," as now or hereafter
22-34 amended.
22-35 SECTION 5.11.
22-36 Election of the city council and mayor.
22-37 (a) There shall be a municipal general election annually on
22-38 the Tuesday next following the first Monday in November.
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23- 1 (b) There shall be elected the mayor and three
23- 2 councilmembers at one election and at every other election
23- 3 thereafter. The remaining city council seats shall be
23- 4 filled at the election alternating with the first election
23- 5 so that a continuing body is created as provided for in the
23- 6 initial election held under this Act pursuant to Section
23- 7 7.11.
23- 8 SECTION 5.12.
23- 9 Nonpartisan elections.
23-10 Political parties shall not conduct primaries for city
23-11 offices and all names of candidates for city offices shall
23-12 be listed without party designation.
23-13 SECTION 5.13.
23-14 Election by plurality vote.
23-15 The person receiving a plurality of the votes cast for any
23-16 city office shall be elected.
23-17 SECTION 5.14.
23-18 Special elections; vacancies.
23-19 In the event that the office of mayor or councilmember shall
23-20 become vacant for any cause whatsoever, the city council or
23-21 those remaining shall order a special election to fill the
23-22 balance of the unexpired term of such official; provided,
23-23 however, if such vacancy occurs within 12 months of the
23-24 expiration of the term of that office, the city council or
23-25 those members remaining shall appoint a successor for the
23-26 remainder of the term. In all other respects, the special
23-27 election shall be held and conducted in accordance with
23-28 Chapter 3 of Title 21 of the O.C.G.A., the "Georgia
23-29 Municipal Election Code," as now or hereafter amended.
23-30 SECTION 5.15.
23-31 Other provisions.
23-32 Except as otherwise provided by this Act, the city council
23-33 shall, by ordinance, prescribe such rules and regulations as
23-34 it deems appropriate to fulfill any options and duties under
23-35 Chapter 3 of Title 21 of the O.C.G.A., the "Georgia
23-36 Municipal Election Code."
23-37 SECTION 5.16.
23-38 Removal of officers.
23-39 A councilmember, the mayor, or other appointed officers
23-40 provided for in this Act shall be removed from office for
23-41 any one or more of the following causes:
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24- 1 (1) Incompetence, misfeasance, or malfeasance in office;
24- 2 (2) Conviction of a crime involving moral turpitude;
24- 3 (3) Failure at any time to possess any qualifications of
24- 4 office as provided by this Act or by law;
24- 5 (4) Knowingly violating any express prohibition of this
24- 6 Act;
24- 7 (5) Abandonment of office or neglect to perform the
24- 8 duties thereof; or
24- 9 (6) Failure for any other cause to perform the duties of
24-10 office as required by this Act or by state law.
ARTICLE VI
FINANCE
24-11 SECTION 6.10.
24-12 Property tax.
24-13 When approved by a two-thirds' majority vote of the electors
24-14 voting in a special election thereon, the city council may
24-15 assess, levy, and collect an ad valorem tax on all real and
24-16 personal property within the corporate limits of the city
24-17 that is subject to such taxation by the state and county.
24-18 This tax is for the purpose of raising revenues to defray
24-19 governmental services, for the repayment of principal and
24-20 interest on general obligations, and for any other public
24-21 purpose as determined by the city council in its discretion.
24-22 SECTION 6.11.
24-23 Millage rate; due dates; payment methods.
24-24 The city council by ordinance shall establish a millage rate
24-25 for the city property tax, a due date, and the time period
24-26 within which these taxes must be paid. The city council by
24-27 ordinance may provide for the payment of these taxes by
24-28 installments or in one lump sum, as well as authorize
24-29 voluntary payment of taxes prior to the time when due.
24-30 SECTION 6.12.
24-31 Occupation and business taxes.
24-32 The city council by ordinance shall have the power to levy
24-33 such occupation or business taxes as are not denied by law.
24-34 Such taxes may be levied on both individuals and
24-35 corporations who transact business in this city or who
24-36 practice or offer to practice any profession or calling in
24-37 this city to the extent such persons have a constitutionally
24-38 sufficient nexus to this city to be so taxed. The city
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25- 1 council may classify businesses, occupations, professions,
25- 2 or callings for the purpose of such taxation in any way
25- 3 which may be lawful and may compel the payment of such taxes
25- 4 as provided in Section 6.17 of this Act.
25- 5 SECTION 6.13.
25- 6 Licenses; permits; fees.
25- 7 The city council by ordinance shall have the power to
25- 8 require any individuals or corporations who transact
25- 9 business in this city or who practice or offer to practice
25-10 any profession or calling in this city to obtain a license
25-11 or permit for such activity from the city and pay a
25-12 reasonable fee for such license or permit where such
25-13 activities are not now regulated by general law in such a
25-14 way as to preclude city regulation. Such fees may reflect
25-15 the total cost to the city of regulating the activity and,
25-16 if unpaid, shall be collected as provided in Section 6.17 of
25-17 this Act. The city council by ordinance may establish
25-18 reasonable requirements for obtaining or keeping such
25-19 licenses as the public health, safety, and welfare
25-20 necessitate.
25-21 SECTION 6.14.
Franchises.
25-22 The city council shall have the power to grant franchises
25-23 for the use of this city's streets and alleys for the
25-24 purposes of railroads, street railways, telephone companies,
25-25 electric companies, cable television, gas companies,
25-26 transportation companies, and other similar organizations.
25-27 The city council shall determine the duration, terms,
25-28 whether the same shall be exclusive or nonexclusive, and the
25-29 consideration for such franchises; provided, however, no
25-30 franchise shall be granted for a period in excess of 35
25-31 years and no franchise shall be granted unless the city
25-32 receives just and adequate compensation therefor. The city
25-33 council shall provide for the registration of all franchises
25-34 with the city clerk in a registration book kept by the city
25-35 clerk. The city council may provide by ordinance for the
25-36 registration within a reasonable time of all franchises
25-37 previously granted.
25-38 SECTION 6.15.
25-39 Service charges.
25-40 The city council by ordinance shall have the power to assess
25-41 and collect fees, charges, and tolls for sewers, sanitary
25-42 and health services, or any other services provided or made
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26- 1 available within and outside the corporate limits of the
26- 2 city for the total cost to the city of providing or making
26- 3 available such services. If unpaid, such charges shall be
26- 4 collected as provided in Section 6.17 of this Act.
26- 5 SECTION 6.16.
26- 6 Construction; other taxes.
26- 7 This city shall be empowered to levy any other tax allowed
26- 8 now or hereafter by law, and the specific mention of any
26- 9 right, power, or authority in this article shall not be
26-10 construed as limiting in any way the general powers of this
26-11 city to govern its local affairs; provided, however, that
26-12 before any taxes may be levied, such tax must be approved by
26-13 two-thirds of the electors voting in a referendum thereon.
26-14 SECTION 6.17.
26-15 Collection of delinquent taxes and fees.
26-16 The city council by ordinance may provide generally for the
26-17 collection of delinquent taxes, fees, or other revenue due
26-18 the city under Sections 6.10 through 6.16 of this Act by
26-19 whatever reasonable means as are not precluded by law. This
26-20 shall include providing for the dates when the taxes or fees
26-21 are due; late penalties or interest; issuance and execution
26-22 of fi. fas.; creation and priority of liens; making
26-23 delinquent taxes and fees personal debts of the persons
26-24 required to pay the taxes or fees imposed; revoking city
26-25 licenses for failure to pay any city taxes or fees; and
26-26 providing for the assignment or transfer of tax executions.
26-27 SECTION 6.18.
26-28 General obligation bonds.
26-29 The city council shall have the power to issue bonds for the
26-30 purpose of raising revenue to carry out any project,
26-31 program, or venture authorized under this Act or the laws of
26-32 the state. Such bonding authority shall be exercised in
26-33 accordance with the laws governing bond issuance by
26-34 municipalities in effect at the time such issue is
26-35 undertaken.
26-36 SECTION 6.19.
26-37 Revenue bonds.
26-38 Revenue bonds may be issued by the city council as state law
26-39 now or hereafter provides. Such bonds are to be paid out of
26-40 any revenue produced by the project, program, or venture for
26-41 which they were issued.
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27- 1 SECTION 6.20.
27- 2 Short-term loans.
27- 3 The city may obtain short-term loans and must repay such
27- 4 loans not later than December 31 of each year, unless
27- 5 otherwise provided by law.
27- 6 SECTION 6.21.
Fiscal year.
27- 7 The city council shall set the fiscal year by ordinance.
27- 8 This fiscal year shall constitute the budget year and the
27- 9 year for financial accounting and reporting of each and
27-10 every office, department, agency, and activity of the city
27-11 government.
27-12 SECTION 6.22.
27-13 Budget ordinance.
27-14 The city council shall provide an ordinance on the
27-15 procedures and requirements for the preparation and
27-16 execution of an annual operating budget, a capital
27-17 improvement program, and a capital budget, including
27-18 requirements as to the scope, content, and form of such
27-19 budgets and programs.
27-20 SECTION 6.23.
27-21 Operating budget.
27-22 On or before a date fixed by the city council but not later
27-23 than 30 days prior to the beginning of each fiscal year, the
27-24 mayor shall submit to the city council a proposed operating
27-25 budget for the ensuing fiscal year. The budget shall be
27-26 accompanied by a message from the mayor containing a
27-27 statement of the general fiscal policies of the city, the
27-28 important features of the budget, explanations of major
27-29 changes recommended for the next fiscal year, a general
27-30 summary of the budget, and such other comments and
27-31 information as the mayor may deem pertinent. The operating
27-32 budget, the capital improvements budget, the budget message,
27-33 and all supporting documents shall be filed in the office of
27-34 the city clerk and shall be open to public inspection.
27-35 SECTION 6.24.
Adoption.
27-36 (a) The city council may amend the operating budget proposed
27-37 by the mayor, except that the budget as finally amended and
27-38 adopted must provide for all expenditures required by state
27-39 law or by other provisions of this Act and for all debt
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28- 1 service requirements for the ensuing fiscal year. The total
28- 2 appropriations from any fund shall not exceed the estimated
28- 3 fund balance, reserves, and revenues.
28- 4 (b) The city council shall by ordinance adopt the final
28- 5 operating budget for the ensuing fiscal year not later than
28- 6 December 15 of each year. If the city council fails to
28- 7 adopt the budget by said date, the amounts appropriated for
28- 8 operation for the then current fiscal year shall be deemed
28- 9 adopted for the ensuing fiscal year on a month-to-month
28-10 basis, with all items prorated accordingly, until such time
28-11 as the city council adopts a budget for the ensuing fiscal
28-12 year. Adoption of the budget shall take the form of an
28-13 appropriations ordinance setting out the estimated revenues
28-14 in detail by sources and making appropriations according to
28-15 fund and by organizational unit, purpose, or activity as set
28-16 out in the budget preparation ordinance adopted pursuant to
28-17 Section 6.22 of this Act.
28-18 (c) The amount set out in the adopted operating budget for
28-19 each organizational unit shall constitute the annual
28-20 appropriation for such, and no expenditure shall be made or
28-21 encumbrance created in excess of the otherwise unencumbered
28-22 balance of the appropriations or allotments thereof to which
28-23 it is chargeable.
28-24 SECTION 6.25.
28-25 Levy of taxes.
28-26 Following adoption of the operating budget, the city council
28-27 shall levy by ordinance such taxes as are necessary and
28-28 approved by two-thirds of the electors voting in a
28-29 referendum thereon. The taxes and tax rates set by such
28-30 ordinance shall be such that reasonable estimates of
28-31 revenues from such levy shall at least be sufficient,
28-32 together with other anticipated revenues, fund balances, and
28-33 applicable reserves, to equal the total amount appropriated
28-34 for each of the several funds set forth in the annual
28-35 operating budget for defraying the expense of the general
28-36 government of this city.
28-37 SECTION 6.26.
28-38 Changes in appropriations.
28-39 The city council by ordinance may make changes in the
28-40 appropriations contained in the current operating budget at
28-41 any regular meeting or special or emergency meeting called
28-42 for such purposes, but any additional appropriations may be
28-43 made only from an existing unexpended surplus.
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29- 1 SECTION 6.27.
29- 2 Capital improvements.
29- 3 (a) On or before the date fixed by the city council, but not
29- 4 later than 30 days prior to the beginning of each fiscal
29- 5 year, the mayor shall submit to the city council a proposed
29- 6 capital improvements budget with the mayor's recommendations
29- 7 as to the means of financing the improvements proposed for
29- 8 the ensuing fiscal year. The city council shall have the
29- 9 power to accept, with or without amendments, or reject the
29-10 proposed program and proposed means of financing. The city
29-11 council shall not authorize an expenditure for the
29-12 construction of any building, structure, work, or
29-13 improvement unless the appropriations for such project are
29-14 included in the capital improvements budget, except to meet
29-15 a public emergency as provided in this Act.
29-16 (b) The city council shall adopt by ordinance the final
29-17 capital improvements budget for the ensuing fiscal year not
29-18 later than December 15 of each year. No appropriations
29-19 provided for in a prior capital improvements budget shall
29-20 lapse until the purpose for which the appropriations were
29-21 made shall have been accomplished or abandoned; provided,
29-22 however, the mayor may submit amendments to the capital
29-23 improvements budget at any time during the fiscal year,
29-24 accompanied by the mayor's recommendations. Any such
29-25 amendments to the capital improvements budget shall become
29-26 effective only upon adoption by ordinance.
29-27 SECTION 6.28.
Audits.
29-28 There shall be an annual independent audit of all city
29-29 accounts, funds, and financial transactions by a certified
29-30 public accountant selected by the city council. The audit
29-31 shall be conducted according to generally accepted
29-32 accounting principles. Any audit of any funds by the state
29-33 or federal government may be accepted as satisfying the
29-34 requirements of this Act. Copies of all audit reports shall
29-35 be available at printing costs to the public.
29-36 SECTION 6.29.
29-37 Procurement and property management.
29-38 No contract with the city shall be binding on the city
29-39 unless:
29-40 (1) It is in writing; and
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30- 1 (2) It is made or authorized by the city council and
30- 2 such approval is entered in the city council journal of
30- 3 proceedings.
30- 4 SECTION 6.30.
Purchasing.
30- 5 The city council shall by ordinance prescribe procedures for
30- 6 a system of centralized purchasing for the city.
30- 7 SECTION 6.31.
30- 8 Sale of property.
30- 9 (a) The city council may sell and convey any real or
30-10 personal property owned or held by the city for governmental
30-11 or other purposes as now or hereafter provided by law.
30-12 (b) The city council may quitclaim any rights it may have in
30-13 property not needed for public purposes upon report by the
30-14 mayor and adoption of a resolution, both finding that the
30-15 property is not needed for public or other purposes and that
30-16 the interest of the city has no readily ascertainable
30-17 monetary value.
30-18 (c) Whenever in opening, extending, or widening any street,
30-19 avenue, alley, or public place of the city a small parcel or
30-20 tract of land is cut off or separated by such work from a
30-21 larger tract or boundary of land owned by the city, the city
30-22 council may authorize the mayor to execute and deliver in
30-23 the name of the city a deed conveying said cut-off or
30-24 separated parcel or tract of land to an abutting or
30-25 adjoining property owner or owners in exchange for rights of
30-26 way of said street, avenue, alley, or public place when such
30-27 exchange is deemed to be in the best interest of the city.
30-28 All deeds and conveyances heretofore and hereafter so
30-29 executed and delivered shall convey all title and interest
30-30 the city has in such property, notwithstanding the fact that
30-31 no public sale after advertisement was or is hereafter made.
ARTICLE VII
30-32 GENERAL PROVISIONS
30-33 SECTION 7.10.
30-34 Bonds for officials.
30-35 The officers and employees of this city, both elected and
30-36 appointed, shall execute such surety or fidelity bonds in
30-37 such amounts and upon such terms and conditions as the city
30-38 council shall from time to time require by ordinance or as
30-39 may be provided by law.
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31- 1 SECTION 7.11.
31- 2 First election under this Act.
31- 3 The first municipal election shall be on the Tuesday
31- 4 following the first Monday in November, 1996, at which the
31- 5 mayor's and all councilmembers' positions shall be filled.
31- 6 The city council seats shall be designated Posts One, Two,
31- 7 Three, Four, Five, and Six. All persons giving notice of
31- 8 candidacy for a city council seat shall designate the post
31- 9 being sought. Posts One, Three, and Five shall be filled at
31-10 this first election for an initial term of one year and
31-11 until respective successors are elected and qualified such
31-12 that a continuing body is created. Each councilmember
31-13 elected thereafter shall serve a full term as provided in
31-14 this Act.
31-15 SECTION 7.12.
31-16 This Act shall be come effective on July 1, 1996, only if
31-17 either 1996 House Bill 1556 or 1996 Senate Bill 569 becomes
31-18 law, and if neither such bill becomes law this Act shall be
31-19 automatically repealed on such date.
31-20 SECTION 7.13.
31-21 All laws and parts of laws in conflict with this Act are
31-22 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