| HB 436 - Cuthbert, City of; new charter |
First Reader Summary
A BILL to provide a new charter for the City of Cuthbert; and for
other purposes.
| House |
Action |
Senate |
| 2/3/99 |
Read 1st Time |
2/8/99 |
| 2/4/99 |
Read 2nd Time |
|
| 2/5/99 |
Favorably Reported |
3/24/99 |
| 2/5/99 |
Read 3rd Time |
|
| 2/5/99 |
Passed/Adopted |
3/24/99 |
| 4/7/99 |
Sent to Governor |
|
| 4/16/99 |
Signed by Governor |
|
| 169 |
Act/Veto Number |
|
| 4/16/99 |
Effective Date |
|
HB 436 LC 9 9834
A BILL TO BE ENTITLED
AN ACT
1- 1 To provide a new charter for the City of Cuthbert; 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, and
1- 6 suspension and removal from office relative to members of
1- 7 such governing authority; to provide for inquiries and
1- 8 investigations; to provide for oaths, organization,
1- 9 meetings, quorum, voting, rules, and procedures; to provide
1-10 for ordinances and codes; to provide for a city manager,
1-11 mayor, and mayor pro tempore and certain duties, powers, and
1-12 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, and other personnel and matters
1-16 relating thereto; to provide for rules and regulations; to
1-17 provide for a municipal court and the judge or judges
1-18 thereof and other matters relative to those judges; to
1-19 provide for the court's jurisdiction, powers, practices, and
1-20 procedures; to provide for the right of certiorari; to
1-21 provide for elections; to provide for taxation, licenses,
1-22 and fees; to provide for franchises, service charges, and
1-23 assessments; to provide for bonded and other indebtedness;
1-24 to provide for auditing, accounting, budgeting, and
1-25 appropriations; to provide for city contracts and
1-26 purchasing; to provide for the conveyance of property and
1-27 interests therein; to provide for bonds for officials; to
1-28 provide for prior ordinances and rules, pending matters, and
1-29 existing personnel; to provide for penalties; to provide for
1-30 definitions and construction; to provide for other matters
1-31 relative to the foregoing; to provide for severability; to
1-32 repeal a specific Act; to provide for an effective date; to
1-33 repeal conflicting laws; and for other purposes.
1-34 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
-1-
2- 1 INCORPORATION AND POWERS
2- 2 SECTION 1.10.
2- 3 This city and the inhabitants thereof are reincorporated by
2- 4 the enactment of this charter and are hereby constituted and
2- 5 declared a body politic and corporate under the name and
2- 6 style City of Cuthbert, Georgia, and by that name shall have
2- 7 perpetual existence.
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 effective date of the adoption of this charter with such
2-12 alterations as may be made from time to time in the manner
2-13 provided by law. The boundaries of this city at all times
2-14 shall be shown on a map to be retained permanently in the
2-15 City of Cuthbert city hall and to be identified by the city
2-16 clerk as: "Official Map of the Corporate Limits of the City
2-17 of Cuthbert, Georgia." Photographic, typed, or other copies
2-18 of such map or description certified by the City of Cuthbert
2-19 shall be admitted as evidence in all courts and shall have
2-20 the same force and effect as with the original map or
2-21 description.
2-22 (b) The city council may provide for the redrawing of any
2-23 such map by ordinance to reflect lawful changes in the
2-24 corporate boundaries. A redrawn map shall supersede for all
2-25 purposes the entire map or maps which it is designated to
2-26 replace.
2-27 SECTION 1.12.
2-28 Powers and construction.
2-29 (a) This city shall have all powers possible for a city to
2-30 have under the present or future Constitution and laws of
2-31 this state as fully and completely as though they were
2-32 specifically enumerated in this charter. This city shall
2-33 have all the powers of self-government not otherwise
2-34 prohibited by this charter or by general law.
2-35 (b) The powers of this city shall be construed liberally in
2-36 favor of the city. The specific mention or failure to
2-37 mention particular powers shall not be construed as limiting
2-38 in any way the powers of this city.
-2-
3- 1 SECTION 1.13.
3- 2 Specific powers.
3- 3 The powers of the city shall include, but are not limited
3- 4 to, the following:
3- 5 (1) 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 (2) 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 or for
3-17 municipalities by the laws of the State of Georgia; and
3-18 to provide for the payment of expenses of the city;
3-19 (3) Building regulation. To regulate and to license the
3-20 erection and construction of buildings and all other
3-21 structures; to adopt building, housing, plumbing,
3-22 electrical, gas, and heating and air-conditioning codes;
3-23 and to regulate all housing and building trades;
3-24 (4) Business regulation and taxation. To levy and to
3-25 provide for the collection of regulatory fees and taxes
3-26 on privileges, occupations, trades, and professions as
3-27 authorized by Title 48 of the Official Code of Georgia
3-28 Annotated or such other applicable laws as are or may
3-29 hereafter be enacted; to permit and regulate the same;
3-30 to provide for the manner and method of payment of such
3-31 regulatory fees and taxes; and to revoke such permits
3-32 after due process for failure to pay any city taxes or
3-33 fees;
3-34 (5) 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 provided
3-38 by the Official Code of Georgia Annotated as the same
3-39 shall exist from time to time;
3-40 (6) Contracts. To enter into contracts and agreements
3-41 with other governmental entities and with private
3-42 persons, firms, and corporations;
-3-
4- 1 (7) 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 (8) Environmental protection. To protect and preserve
4- 8 the natural resources, environment, and vital areas of
4- 9 the city through the preservation and improvement of air
4-10 quality, the restoration and maintenance of water
4-11 resources, the control of erosion and sedimentation, the
4-12 management of solid and hazardous waste, and other
4-13 necessary actions for the protection of the environment;
4-14 (9) Fire regulations. To fix and establish fire limits
4-15 and from time to time to extend, enlarge, or restrict
4-16 the same; to prescribe fire safety regulations not
4-17 inconsistent with general law, relating to both fire
4-18 prevention and detection and to fire fighting; and to
4-19 prescribe penalties and punishment for violations
4-20 thereof;
4-21 (10) Garbage fees. To levy, fix, assess, and collect a
4-22 garbage, refuse, and trash collection and disposal and
4-23 other sanitary service charge, tax, or fee for such
4-24 services as may be necessary in the operation of the
4-25 city from all individuals, firms, and corporations
4-26 residing in or doing business in the city benefiting
4-27 from such services or to whom such services are
4-28 available; to enforce the payment of such charges,
4-29 taxes, or fees; and to provide for the manner and method
4-30 of collecting such service charges;
4-31 (11) General health, safety, and welfare. To define,
4-32 regulate, and prohibit any act, practice, conduct, or
4-33 use of property which is detrimental to health,
4-34 sanitation, cleanliness, welfare, and safety of the
4-35 inhabitants of the city and to provide for the
4-36 enforcement of such standards;
4-37 (12) Gifts. To accept or refuse gifts, donations,
4-38 bequests, or grants from any source for any purpose
4-39 related to powers and duties of the city and the general
4-40 welfare of its citizens, on such terms and conditions as
4-41 the donor or grantor may impose;
-4-
5- 1 (13) Health and sanitation. To prescribe standards of
5- 2 health and sanitation and to provide for the enforcement
5- 3 of such standards;
5- 4 (14) Jail sentences. To provide that persons given jail
5- 5 sentences in the municipal court may work out such
5- 6 sentences in any public works or on the streets, roads,
5- 7 drains, and other public property in the city; to
5- 8 provide for commitment of such persons to any jail; or
5- 9 to provide for commitment of such persons to any county
5-10 work camp or county jail by agreement with the
5-11 appropriate county 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,
5-15 alleys, and walkways of the city;
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, lease, option, and hold in trust or otherwise any
5-29 real, personal, or mixed property, in fee simple or
5-30 lesser interest, inside or outside the property limits
5-31 of the city;
5-32 (19) Municipal property protection. To provide for the
5-33 preservation and protection of property and equipment of
5-34 the city and the administration and use of same by the
5-35 public; and to prescribe penalties and punishment for
5-36 violations thereof;
5-37 (20) Municipal utilities. To acquire, lease, construct,
5-38 operate, maintain, sell, and dispose of public
5-39 utilities, including but not limited to a system of
5-40 waterworks, sewers and drains, sewage disposal, gas
5-41 works, electric light plants, cable television and other
5-42 telecommunications, transportation facilities, public
-5-
6- 1 airports, and any other public utility; and to fix the
6- 2 taxes, charges, rates, fares, fees, assessments,
6- 3 regulations, and penalties and to provide for the
6- 4 withdrawal of service for refusal or failure to pay the
6- 5 same;
6- 6 (21) Nuisance. To define a nuisance and provide for its
6- 7 abatement whether on public or private property;
6- 8 (22) Penalties. To provide penalties for violation of
6- 9 any ordinances adopted pursuant to the authority of this
6-10 charter and the laws of the State of Georgia;
6-11 (23) Planning and zoning. To provide comprehensive city
6-12 planning for development by zoning; and to provide
6-13 subdivision regulation and the like as the city council
6-14 deems necessary and reasonable to ensure a safe,
6-15 healthy, and esthetically pleasing community;
6-16 (24) Police and fire protection. To exercise the power
6-17 of arrest through duly appointed police officers and to
6-18 establish, operate, or contract for a police and a
6-19 fire-fighting agency;
6-20 (25) Public hazards; removal. To provide for the
6-21 destruction and removal of any building or other
6-22 structure which is or may become dangerous or
6-23 detrimental to the public;
6-24 (26) Public improvements. To provide for the
6-25 acquisition, construction, building, operation, and
6-26 maintenance of public ways, parks and playgrounds,
6-27 recreational facilities, cemeteries, markets and market
6-28 houses, public buildings, libraries, public housing,
6-29 airports, hospitals, terminals, docks, parking
6-30 facilities, and charitable, cultural, educational,
6-31 recreational, conservation, sport, curative, corrective,
6-32 detentional, penal, and medical institutions, agencies,
6-33 and facilities; and to provide any other public
6-34 improvements, inside or outside the corporate limits of
6-35 the city; to regulate the use of public improvements;
6-36 and, for such purposes, property may be acquired by
6-37 condemnation under procedures provided by the Official
6-38 Code of Georgia Annotated as the same shall exist from
6-39 time to time;
6-40 (27) Public peace. To provide for the prevention and
6-41 punishment of drunkenness, riots, and public
6-42 disturbances;
-6-
7- 1 (28) Public transportation. To organize and operate such
7- 2 public transportation systems as are deemed beneficial;
7- 3 (29) Public utilities and services. To grant franchises
7- 4 or make contracts for or impose taxes on public
7- 5 utilities and public service companies and to prescribe
7- 6 the rates, fares, regulations, and standards and
7- 7 conditions of service applicable to the service to be
7- 8 provided by the franchise grantee or contractor, insofar
7- 9 as not in conflict with valid regulations of the Georgia
7-10 Public Service Commission;
7-11 (30) Regulation of roadside areas. To prohibit or
7-12 regulate and control the erection, removal, and
7-13 maintenance of signs, billboards, trees, shrubs, fences,
7-14 buildings, and any and all other structures or
7-15 obstructions upon or adjacent to the rights of way of
7-16 streets and roads or within view thereof, within or
7-17 abutting the corporate limits of the city; and to
7-18 prescribe penalties and punishment for violation of such
7-19 ordinances;
7-20 (31) Retirement. To provide and maintain a retirement
7-21 plan for officers and employees of the city;
7-22 (32) Roadways. To lay out, open, extend, widen, narrow,
7-23 establish or change the grade of, abandon or close,
7-24 construct, pave, curb, gutter, adorn with shade trees,
7-25 or otherwise improve, maintain, repair, clean, prevent
7-26 erosion of, and light the roads, alleys, and walkways
7-27 within the corporate limits of the city; and to grant
7-28 franchises and rights of way throughout the streets and
7-29 roads and over the bridges and viaducts for the use of
7-30 public utilities; and to require real estate owners to
7-31 repair and maintain in a safe condition the sidewalks
7-32 adjoining their lots or lands and to impose penalties
7-33 for failure to do so;
7-34 (33) Sewer fees. To levy a fee, charge, or sewer tax as
7-35 necessary to assure the acquiring, constructing,
7-36 equipping, operating, maintaining, and extending of a
7-37 sewage disposal plant and sewerage system and to levy on
7-38 those to whom sewers and sewerage systems are made
7-39 available a sewer service fee, charge, or sewer tax for
7-40 the availability or use of the sewers; to provide for
7-41 the manner and method of collecting such service charges
7-42 and for enforcing payment of the same; and to charge,
-7-
8- 1 impose, and collect a sewer connection fee or fees to
8- 2 those connected with the system;
8- 3 (34) Solid waste disposal. To provide for the collection
8- 4 and disposal of garbage, rubbish, and refuse and to
8- 5 regulate the collection and disposal of garbage,
8- 6 rubbish, and refuse by others; and to provide for the
8- 7 separate collection of glass, tin, aluminum, cardboard,
8- 8 paper, and other recyclable materials and to provide for
8- 9 the sale of such items;
8-10 (35) Special areas of public regulation. To regulate or
8-11 prohibit junk dealers, pawn shops, the manufacture,
8-12 sale, or transportation of any intoxicating liquors, and
8-13 the use and sale of firearms; to regulate the
8-14 transportation, storage, and use of combustible,
8-15 explosive, and inflammable materials, the use of
8-16 lighting and heating equipment, and any other business
8-17 or situation which the city may deem to be dangerous to
8-18 persons or property; to regulate and control the conduct
8-19 of peddlers and itinerant traders, theatrical
8-20 performances, exhibitions, and shows of any kind, by
8-21 taxation or otherwise; and to license, tax, regulate, or
8-22 prohibit professional fortunetelling, palmistry, adult
8-23 bookstores, and massage parlors;
8-24 (36) Special assessments. To levy and provide for the
8-25 collection of special assessments to cover the costs for
8-26 any public improvements;
8-27 (37) Taxes: ad valorem. To levy and provide for the
8-28 assessment, valuation, revaluation, and collection of
8-29 taxes on all property subject to taxation;
8-30 (38) Taxes: other. To levy and collect such other taxes
8-31 as may be allowed now or in the future by law;
8-32 (39) Taxicabs. To regulate and license vehicles operated
8-33 for hire in the city; to limit the number of such
8-34 vehicles; to require the operators thereof to be
8-35 licensed; to require public liability insurance on such
8-36 vehicles in the amounts to be prescribed by ordinance;
8-37 and to regulate the parking of such vehicles;
8-38 (40) Urban redevelopment. To organize and operate an
8-39 urban redevelopment program; and
8-40 (41) Other powers. To exercise and enjoy all other
8-41 powers, functions, rights, privileges, and immunities
8-42 necessary or desirable to promote or protect the safety,
-8-
9- 1 health, peace, security, good order, comfort,
9- 2 convenience, or general welfare of the city and its
9- 3 inhabitants; and to exercise all implied powers
9- 4 necessary or desirable to carry into execution all
9- 5 powers granted in this charter as fully and completely
9- 6 as if such powers were fully stated in this charter; and
9- 7 to exercise all powers now or in the future authorized
9- 8 to be exercised by other municipal governments under
9- 9 other laws of the State of Georgia; and no listing of
9-10 particular powers in this charter shall be held to be
9-11 exclusive of others, nor restrictive of general words
9-12 and phrases granting powers, but shall be held to be in
9-13 addition to such powers unless expressly prohibited to
9-14 municipalities under the Constitution or applicable laws
9-15 of the State of Georgia.
9-16 SECTION 1.14.
9-17 Exercise of powers.
9-18 All powers, functions, rights, privileges, and immunities of
9-19 the city, its officers, agencies, or employees shall be
9-20 carried into execution as provided by this charter. If this
9-21 charter makes no provision, such shall be carried into
9-22 execution as provided by ordinance or as provided by
9-23 pertinent laws of the State of Georgia.
9-24 GOVERNMENT STRUCTURE
9-25 SECTION 2.10.
9-26 City council creation; number; election.
9-27 The legislative authority of the government of this city,
9-28 except as otherwise specifically provided in this charter,
9-29 shall be vested in a city council to be composed of a mayor
9-30 and six councilmembers. The city council established in
9-31 this charter shall in all respects be a successor to and
9-32 continuation of the city governing authority under prior
9-33 law. The mayor and councilmembers shall be elected in the
9-34 manner provided by general law and this charter.
9-35 SECTION 2.11.
9-36 City council;
9-37 terms and qualifications for office.
9-38 The members of the city council shall serve for terms of
9-39 four years and until their respective successors are elected
9-40 and qualified. No person shall be eligible to serve as
9-41 mayor or councilmember unless that person shall have been a
-9-
10- 1 resident of the city for 12 months prior to the date of the
10- 2 election of mayor or members of the city council; each shall
10- 3 continue to reside therein during that person's period of
10- 4 service and to be registered and qualified to vote in
10- 5 municipal elections of this city.
10- 6 SECTION 2.12.
10- 7 Vacancy; filling of vacancies.
10- 8 (a) Vacancies--The office of mayor or councilmember shall
10- 9 become vacant upon the occurrence of any event specified by
10-10 the Constitution of the State of Georgia, Title 45 of the
10-11 Official Code of Georgia Annotated, or such other applicable
10-12 laws as are or may hereafter be enacted.
10-13 (b) Filling of vacancies--A vacancy in the office of mayor
10-14 or councilmember shall be filled for the remainder of the
10-15 unexpired term, if any, by appointment by the remaining
10-16 councilmembers if less than six months remain in the
10-17 unexpired term, otherwise by an election as provided for in
10-18 Section 5.14 of this charter and Titles 21 and 45 of the
10-19 Official Code of Georgia Annotated or such other laws as are
10-20 or may hereafter be enacted.
10-21 SECTION 2.13.
10-22 Compensation and expenses.
10-23 The mayor and councilmembers shall receive compensation and
10-24 expenses for their services as provided by ordinance.
10-25 SECTION 2.14.
10-26 Holding other office;
10-27 voting when financially interested.
10-28 (a) Elected and appointed officers of the city are trustees
10-29 and servants of the residents of the city and shall act in a
10-30 fiduciary capacity for the benefit of such residents.
10-31 (b) Neither the mayor nor any member of the city council
10-32 shall vote upon, sign, or veto any ordinance, resolution,
10-33 contract, or other matter in which that person is
10-34 financially interested.
10-35 SECTION 2.15.
10-36 Inquiries and investigations.
10-37 Following the adoption of an authorizing resolution, the
10-38 city council may make inquiries and investigations into the
10-39 affairs of the city and conduct of any department, office,
10-40 or agency thereof and for this purpose may subpoena
10-41 witnesses, administer oaths, take testimony, and require the
-10-
11- 1 production of evidence. Any person who fails or refuses to
11- 2 obey a lawful order issued in the exercise of these powers
11- 3 by the city council shall be punished as may be provided by
11- 4 ordinance.
11- 5 SECTION 2.16.
11- 6 General power and authority of the city council.
11- 7 Except as otherwise provided by law or this charter, the
11- 8 city council shall be vested with all the powers of
11- 9 government of this city.
11-10 SECTION 2.17.
11-11 Eminent domain.
11-12 The city council is hereby empowered to acquire, construct,
11-13 operate, and maintain public ways, parks, public grounds,
11-14 cemeteries, markets, market houses, public buildings,
11-15 libraries, sewers, drains, sewage treatment, waterworks,
11-16 electrical systems, gas systems, airports, hospitals, and
11-17 charitable, educational, recreational, sport, curative,
11-18 corrective, detentional, penal and medical institutions,
11-19 agencies, and facilities, and any other public improvements
11-20 inside or outside the city, and to regulate the use thereof,
11-21 and for such purposes, property may be condemned under
11-22 procedures established under general law applicable now or
11-23 as provided in the future.
11-24 SECTION 2.18.
11-25 Organizational meetings.
11-26 The city council shall hold an organizational meeting at the
11-27 first regularly scheduled meeting in January following the
11-28 regular election, as provided in Section 5.11. The meeting
11-29 shall be called to order by the city clerk, and the oath of
11-30 office shall be administered to the newly elected members as
11-31 follows:
11-32 "I _______________________ do solemnly swear or affirm
11-33 that I will properly perform the duties of the office of
11-34 ______________ in and for the City of Cuthbert, to the
11-35 best of my knowledge, skill, and ability; that I am not
11-36 the holder of any unaccounted for public money due to the
11-37 State of Georgia or any political subdivision or authority
11-38 thereof; that I am not the holder of any office of trust
11-39 under the government of the United States, any other
11-40 state, or any foreign state, which I am by the laws of the
11-41 State of Georgia prohibited from holding; that I am
11-42 qualified to hold the office which I am about to enter
-11-
12- 1 according to the Constitution and laws of Georgia; that I
12- 2 will support the Constitution of the United States and the
12- 3 State of Georgia; that I have been a resident of the ward
12- 4 from which elected and the City of Cuthbert for the time
12- 5 required by the Constitution and laws of the State of
12- 6 Georgia and the charter of the City of Cuthbert, so help
12- 7 me God."
12- 8 SECTION 2.19.
12- 9 Regular and special meetings.
12-10 (a) The city council shall hold regular meetings at such
12-11 times and places as shall be prescribed by ordinance.
12-12 (b) Special meetings of the city council may be held on call
12-13 of the mayor or two members of the city council. Notice of
12-14 such special meeting shall be served on all other members
12-15 personally, or by telephone personally, at least 24 hours in
12-16 advance of the meeting. Such notice to councilmembers shall
12-17 not be required if the mayor and all councilmembers are
12-18 present when the special meeting is called. Such notice of
12-19 any special meeting may be waived by a councilmember in
12-20 writing before or after such a meeting and attendance at the
12-21 meeting shall also constitute a waiver of notice on any
12-22 business transacted in such councilmember's presence. Only
12-23 the business stated in the call may be transacted at the
12-24 special meeting.
12-25 (c) All meetings of the city council shall be public to the
12-26 extent required by law, and notice to the public of special
12-27 meetings shall be made as fully as is reasonably possible as
12-28 provided by Code Section 50-14-1 of the Official Code of
12-29 Georgia Annotated or other such applicable laws as are or
12-30 may hereafter be enacted.
12-31 SECTION 2.20.
12-32 Rules of procedure.
12-33 (a) The city council shall adopt its rules of procedure and
12-34 order of business consistent with the provisions of this
12-35 charter and shall provide for keeping of a journal of its
12-36 proceedings, which shall be a public record.
12-37 (b) All committees and committee chairs and officers of the
12-38 city council shall be appointed by the mayor and shall serve
12-39 at the pleasure of the mayor. The mayor shall have the
12-40 power to appoint new members to any committee at any time.
-12-
13- 1 SECTION 2.21.
13- 2 Quorum; voting.
13- 3 Four councilmembers other than the mayor or the mayor and
13- 4 three councilmembers shall constitute a quorum and shall be
13- 5 authorized to transact business of the city council. Voting
13- 6 on the adoption of ordinances shall be by voice vote and the
13- 7 vote shall be recorded in the journal, but any member of the
13- 8 city council shall have the right to request a roll-call
13- 9 vote and such vote shall be recorded in the journal. Except
13-10 as otherwise provided in this charter, the affirmative vote
13-11 of four councilmembers shall be required for the adoption of
13-12 any ordinance, resolution, or motion. The mayor shall vote
13-13 only in the event of a tie or when an affirmative or
13-14 negative vote by the mayor constitutes a majority of four
13-15 votes. An abstention shall not be counted as an affirmative
13-16 or negative vote.
13-17 SECTION 2.22.
13-18 Ordinance form; procedures.
13-19 (a) Every proposed ordinance should be introduced in writing
13-20 and in the form required for final adoption. No ordinance
13-21 shall contain a subject which is not expressed in its title.
13-22 The enacting clause shall be "It is hereby ordained by the
13-23 governing authority of the City of Cuthbert..." and every
13-24 ordinance shall so begin.
13-25 (b) An ordinance may be introduced by any councilmember and
13-26 be read at a regular or special meeting of the city council.
13-27 Ordinances shall be considered and adopted or rejected by
13-28 the city council in accordance with the rules which it shall
13-29 establish; provided, however, an ordinance shall not be
13-30 adopted the same day it is introduced, except for emergency
13-31 ordinances provided for in Section 2.24 of this charter.
13-32 Upon introduction of any ordinance, the clerk shall as soon
13-33 as possible distribute a copy to the mayor and to each
13-34 councilmember and shall file a reasonable number of copies
13-35 in the office of the clerk and at such other public places
13-36 as the city council may designate.
13-37 SECTION 2.23.
13-38 Action requiring an ordinance.
13-39 Acts of the city council which have the force and effect of
13-40 law shall be enacted by ordinance.
-13-
14- 1 SECTION 2.24.
14- 2 (a) To meet a public emergency affecting life, health,
14- 3 property, or public peace, the city council may convene on
14- 4 call of the mayor or three councilmembers and may promptly
14- 5 adopt an emergency ordinance, but such ordinance may not
14- 6 levy taxes; grant, renew, or extend a franchise; regulate
14- 7 the rate charged by any public utility for its services; or
14- 8 authorize the borrowing of money except for loans to be
14- 9 repaid within 30 days. An emergency ordinance shall be
14-10 introduced in the form prescribed for ordinances generally,
14-11 except that it shall be plainly designated as an emergency
14-12 ordinance and shall contain, after the enacting clause, a
14-13 declaration stating that an emergency exists and describing
14-14 the emergency in clear and specific terms. An emergency
14-15 ordinance may be adopted, with or without amendment, or
14-16 rejected at the meeting at which it is introduced, but the
14-17 affirmative vote of at least three councilmembers shall be
14-18 required for adoption. It shall become effective upon
14-19 adoption or at such later time as it may specify. Every
14-20 emergency ordinance shall automatically stand repealed 30
14-21 days following the date upon which it was adopted, but this
14-22 shall not prevent reenactment of the ordinance in the manner
14-23 specified in this section if the emergency still exists. An
14-24 emergency ordinance may also be repealed by adoption of a
14-25 repealing ordinance in the same manner specified in this
14-26 section for adoption of emergency ordinances.
14-27 (b) Such meetings shall be open to the public to the extent
14-28 required by law and notice to the public of emergency
14-29 meetings shall be made as fully as is reasonably possible in
14-30 accordance with Code Section 50-14-1 of the Official Code of
14-31 Georgia Annotated or such other applicable laws as are or
14-32 may hereafter be enacted.
14-33 SECTION 2.25.
14-34 Codes of technical regulations.
14-35 (a) The city council may adopt any standard code of
14-36 technical regulations by reference thereto in an adopting
14-37 ordinance. The procedure and requirements governing such
14-38 adopting ordinance shall be as prescribed for ordinances
14-39 generally except that: (1) the requirements of subsection
14-40 (b) of Section 2.22 of this charter for distribution and
14-41 filing of copies of the ordinance shall be construed to
14-42 include copies of any code of technical regulations, as well
14-43 as the adopting ordinance; and (2) a copy of each adopted
-14-
15- 1 code of technical regulations, as well as the adopting
15- 2 ordinance, shall be authenticated and recorded by the clerk
15- 3 pursuant to Section 2.26 of this charter.
15- 4 (b) Copies of any adopted code of technical regulations
15- 5 shall be made available by the clerk for inspection by the
15- 6 public.
15- 7 SECTION 2.26.
15- 8 Signing; authenticating;
15- 9 recording; codification; printing.
15-10 (a) The clerk shall authenticate by the clerk's signature
15-11 and record in full in a properly indexed book kept for that
15-12 purpose all ordinances adopted by the city council.
15-13 (b) The city council shall provide for the preparation of a
15-14 general codification of all the ordinances of the city
15-15 having the force and effect of law. The general
15-16 codification shall be adopted by the city council by
15-17 ordinance and shall be published promptly, together with all
15-18 amendments thereto and such codes of technical regulations
15-19 and other rules and regulations as the city council may
15-20 specify. This compilation shall be known and cited
15-21 officially as "The Code of the City of Cuthbert, Georgia."
15-22 Copies of the code shall be furnished to all officers,
15-23 departments, and agencies of the city and made available for
15-24 purchase by the public at a reasonable price as fixed by the
15-25 city council.
15-26 (c) The city council shall cause each ordinance and each
15-27 amendment to this charter to be printed promptly following
15-28 its adoption, and the printed ordinances and charter
15-29 amendments shall be made available for purchase by the
15-30 public at reasonable prices to be fixed by the city council.
15-31 Following publication of the first code under this charter
15-32 and at all times thereafter, the ordinances and charter
15-33 amendments shall be printed in substantially the same style
15-34 as the code currently in effect and shall be suitable in
15-35 form for incorporation therein. The city council shall make
15-36 such further arrangements as deemed desirable with
15-37 reproduction and distribution of any current changes in or
15-38 additions to codes of technical regulations and other rules
15-39 and regulations included in the code.
-15-
16- 1 SECTION 2.27.
16- 2 Election of mayor; forfeiture; compensation.
16- 3 The mayor shall be elected and shall serve for a term of
16- 4 four years and until a successor is elected and qualified.
16- 5 The mayor shall be a qualified elector of this city and
16- 6 shall have been a resident of the city for 12 months
16- 7 preceding the election. The mayor shall continue to reside
16- 8 in this city during the period of service. The mayor shall
16- 9 forfeit the office on the same grounds and under the same
16-10 procedure as for councilmembers. The compensation of the
16-11 mayor shall be established in the same manner as for
16-12 councilmembers.
16-13 SECTION 2.28.
16-14 Powers and duties of mayor.
16-15 The mayor shall:
16-16 (1) Preside at all meetings of the city council;
16-17 (2) Be the head of the city for the purpose of service
16-18 of process and for ceremonial purposes and be the
16-19 official spokesperson for the city and the chief
16-20 advocate of policy;
16-21 (3) Have the power to administer oaths and to take
16-22 affidavits; and
16-23 (4) Sign as a matter of course on behalf of the city all
16-24 written and approved contracts, ordinances, and other
16-25 instruments executed by the city which by law are
16-26 required to be in writing.
16-27 SECTION 2.29.
16-28 Mayor pro tempore; selection; duties.
16-29 By a majority vote, the city council shall elect a
16-30 councilmember to serve as mayor pro tempore. In the mayor's
16-31 absence, the mayor pro tempore shall preside at meetings of
16-32 the city council and shall assume the duties and powers of
16-33 the mayor upon the mayor's physical or mental disability;
16-34 provided that the mayor pro tempore shall vote as a member
16-35 of the council at all times when serving as herein provided.
16-36 SECTION 2.30.
16-37 City manager; appointment;
16-38 qualifications; compensation.
16-39 The city council shall appoint a city manager for an
16-40 indefinite term and shall fix the city manager's
-16-
17- 1 compensation. The city manager shall be appointed solely on
17- 2 the basis of executive and administrative qualifications.
17- 3 SECTION 2.31.
17- 4 Removal of city manager.
17- 5 The city manager is employed at will and may be summarily
17- 6 removed from office at any time by the city council.
17- 7 SECTION 2.32.
17- 8 Acting city manager.
17- 9 By letter filed with the city clerk, the city manager may
17-10 designate, subject to approval of the city council, a
17-11 qualified city administrative officer to exercise the powers
17-12 and perform the duties of city manager during the city
17-13 manager's temporary absence or physical or mental
17-14 disability. During such absence or disability, the city
17-15 council may revoke such designation at any time and appoint
17-16 another officer of the city to serve until the city manager
17-17 shall return or the city manager's disability shall cease.
17-18 SECTION 2.33.
17-19 Powers and duties of the city manager.
17-20 The city manager shall be the chief executive and
17-21 administrative officer of the city. The city manager shall
17-22 be responsible to the city council for the administration of
17-23 all city affairs placed in the city manager's charge by or
17-24 under this charter. As the chief executive and
17-25 administrative officer, the city manager shall:
17-26 (1) Recommend for the approval of the city council the
17-27 hiring, suspension, or dismissal of all employees
17-28 holding the position of department head for the various
17-29 departments so designated by the city council;
17-30 (2) Appoint, suspend, or remove all city employees and
17-31 administrative officers, other than department heads
17-32 which the city manager appoints, except as otherwise
17-33 provided by law or personnel ordinances adopted pursuant
17-34 to this charter. The city manager may authorize any
17-35 administrative officer who is subject to the city
17-36 manager's direction and supervision to exercise these
17-37 powers with respect to subordinates in that officer's
17-38 department, office, or agency;
17-39 (3) Direct and supervise the administration of all
17-40 departments, offices, and agencies of the city, except
17-41 as otherwise provided by this charter or by law;
-17-
18- 1 (4) Attend all city council meetings, except for closed
18- 2 meetings held for the purposes of deliberating on the
18- 3 appointment, discipline, or removal of the city manager,
18- 4 and have the right to take part in discussion but not
18- 5 vote;
18- 6 (5) See that all laws, provisions of this charter, and
18- 7 acts of the city council, subject to enforcement by the
18- 8 city manager or by officers subject to the city
18- 9 manager's direction and supervision, are faithfully
18-10 executed;
18-11 (6) Prepare and submit the annual operating budget and
18-12 capital budget to the city council;
18-13 (7) Submit to the city council and make available to the
18-14 public a complete report on the finances and
18-15 administrative activities of the city as of the end of
18-16 each fiscal year;
18-17 (8) Make such other reports as the city council may
18-18 require concerning the operations of city departments,
18-19 offices, and agencies subject to the city manager's
18-20 direction and supervision;
18-21 (9) Keep the city council fully advised as to the
18-22 financial condition and future needs of the city, and
18-23 make such recommendations to the city council concerning
18-24 the affairs of the city as the city manager deems
18-25 desirable; and
18-26 (10) Perform other such duties as are specified in this
18-27 charter or as may be required by the city council.
18-28 SECTION 2.34.
18-29 Council's interference with administration.
18-30 Except for the purpose of inquiries and investigations under
18-31 Section 2.15 of this charter, the city council or its
18-32 members shall deal with city officers and employees who are
18-33 subject to the direction and supervision of the city manager
18-34 solely through the city manager, and neither the city
18-35 council nor its members shall give orders to any such
18-36 officer or employee, either publicly or privately.
-18-
19- 1 ADMINISTRATIVE AFFAIRS
19- 2 SECTION 3.10.
19- 3 Administrative and service departments.
19- 4 (a) Except as otherwise provided in this charter, the city
19- 5 council by ordinance shall prescribe the functions or duties
19- 6 and establish, abolish, alter, consolidate, or leave vacant
19- 7 all nonelective offices, positions of employment,
19- 8 departments, and agencies of the city as necessary for the
19- 9 proper administration of the affairs and government of this
19-10 city.
19-11 (b) Except as otherwise provided by this charter or by law,
19-12 the directors of city departments and other appointed
19-13 officers of the city shall be appointed solely on the basis
19-14 of their respective administrative and professional
19-15 qualifications.
19-16 (c) All appointed officers and directors of departments
19-17 shall receive such compensation as prescribed by ordinance.
19-18 (d) There shall be a director of each department or agency
19-19 who shall be its principal officer. Each director shall,
19-20 subject to the direction and supervision of the city
19-21 manager, be responsible for the administration and direction
19-22 of the affairs and operations of that director's department
19-23 or agency.
19-24 (e) All appointed officers, directors, and department heads
19-25 under the supervision of the city manager shall be nominated
19-26 by the city manager with confirmation of appointment by the
19-27 mayor and city council. All appointed officers, directors,
19-28 and department heads shall be employees at will and subject
19-29 to removal or suspension at any time by the city manager
19-30 unless otherwise provided by law or ordinance.
19-31 SECTION 3.11.
19-32 Boards, commissions, and authorities.
19-33 (a) The city council shall create by ordinance such boards,
19-34 commissions, and authorities to fulfill any investigative,
19-35 quasi-judicial, or quasi-legislative function the city
19-36 council deems necessary and shall by ordinance establish the
19-37 composition, period of existence, duties, and powers
19-38 thereof.
19-39 (b) All members of boards, commissions, and authorities of
19-40 the city shall be appointed by the city council for such
-19-
20- 1 terms of office and in such manner as shall be provided by
20- 2 ordinance, except where other appointing authority, terms of
20- 3 office, or manner of appointment is prescribed by this
20- 4 charter or by law.
20- 5 (c) The city council by ordinance may provide for the
20- 6 compensation and reimbursement for actual and necessary
20- 7 expenses of the members of any board, commission, or
20- 8 authority.
20- 9 (d) Except as otherwise provided by this charter or by law,
20-10 no member of any board, commission, or authority shall hold
20-11 any elective office in the city.
20-12 (e) Any vacancy on a board, commission, or authority of the
20-13 city shall be filled for the unexpired term in the manner
20-14 prescribed in this charter for original appointment, except
20-15 as otherwise provided by this charter or by law.
20-16 (f) No member of a board, commission, or authority shall
20-17 assume office until that person has executed and filed with
20-18 the clerk of the city an oath obligating that person to
20-19 perform faithfully and impartially the duties of that
20-20 member's office. Such oath shall be prescribed by ordinance
20-21 and administered by the mayor.
20-22 (g) All board members serve at will and may be removed at
20-23 any time by a vote of four members of the city council
20-24 unless otherwise provided by law.
20-25 (h) Except as otherwise provided by this charter or by law,
20-26 each board, commission, or authority of the city shall elect
20-27 one of its members as chair and one member as vice chair and
20-28 may elect as its secretary one of its own members or may
20-29 appoint as secretary an employee of the city. Each board,
20-30 commission, or authority of the city government may
20-31 establish such bylaws, rules, and regulations, not
20-32 inconsistent with this charter, ordinances of the city, or
20-33 law, as it deems appropriate and necessary for the
20-34 fulfillment of its duties or the conduct of its affairs.
20-35 Copies of such bylaws, rules, and regulations shall be filed
20-36 with the city clerk.
20-37 SECTION 3.12.
20-38 City attorney.
20-39 The city council shall appoint a city attorney, together
20-40 with such assistant city attorneys as may be authorized, and
20-41 shall provide for the payment of such attorney or attorneys
20-42 for services rendered to the city. The city attorney shall
-20-
21- 1 be responsible for providing for the representation and
21- 2 defense of the city in all litigation in which the city is a
21- 3 party; may be the prosecuting officer in the municipal
21- 4 court; shall attend the meetings of the city council as
21- 5 directed; shall advise the city council and other officers
21- 6 and employees of the city concerning legal aspects of the
21- 7 city's affairs; and shall perform such other duties as may
21- 8 be required by virtue of such person's position as city
21- 9 attorney.
21-10 SECTION 3.13.
21-11 The city council shall appoint a city clerk who shall not be
21-12 a councilmember. The city clerk shall be custodian of the
21-13 official city seal and city records; maintain city council
21-14 records required by this charter; and perform such other
21-15 duties as may be required by the city council.
21-16 SECTION 3.14.
21-17 Personnel policies.
21-18 All employees serve at will and may be removed from office
21-19 at any time unless otherwise provided by ordinance.
21-20 JUDICIAL BRANCH
21-21 SECTION 4.10.
21-22 Municipal court; creation.
21-23 There shall be a court to be known as the Municipal Court of
21-24 the City of Cuthbert.
21-25 SECTION 4.11.
21-26 Chief judge; associate judge.
21-27 (a) The municipal court shall be presided over by a chief
21-28 judge and such part-time, full-time, or stand-by judges as
21-29 shall be provided by ordinance.
21-30 (b) No person shall be qualified or eligible to serve as a
21-31 judge on the municipal court unless that person shall have
21-32 attained the age of 21 years, shall be a member of the State
21-33 Bar of Georgia, and shall possess all qualifications
21-34 required by law. Each judge shall be appointed by the city
21-35 council and shall serve until a successor is appointed and
21-36 qualified.
21-37 (c) Compensation of the judges shall be fixed by ordinance.
-21-
22- 1 (d) Judges serve at will and may be removed from office at
22- 2 any time by the city council unless otherwise provided by
22- 3 ordinance.
22- 4 (e) Before assuming office, each judge shall take an oath,
22- 5 given by the mayor, that the judge will honestly and
22- 6 faithfully discharge the duties of the office to the best of
22- 7 that person's ability and without fear, favor, or
22- 8 partiality. The oath shall be entered upon the minutes of
22- 9 the city council journal required in Section 2.20 of this
22-10 charter.
22-11 SECTION 4.12.
22-12 The municipal court shall be convened at regular intervals
22-13 as provided by ordinance.
22-14 SECTION 4.13.
22-15 Jurisdiction; powers.
22-16 (a) The municipal court shall try and punish violations of
22-17 this charter, all city ordinances, and such other violations
22-18 as provided by law.
22-19 (b) The municipal court shall have authority to punish those
22-20 in its presence for contempt, provided that such punishment
22-21 shall not exceed $200.00 or ten days in jail.
22-22 (c) The municipal court may fix punishment for offenses
22-23 within its jurisdiction not exceeding a fine of $1,000.00 or
22-24 imprisonment for 180 days or both such fine and imprisonment
22-25 or may fix punishment by fine, imprisonment, or alternative
22-26 sentencing, as now or hereafter provided by law.
22-27 (d) The municipal court shall have authority to establish a
22-28 schedule of fees to defray the cost of operation and shall
22-29 be entitled to reimbursement of the cost of meals,
22-30 transportation, and caretaking of prisoners bound over to
22-31 superior courts for violations of state law.
22-32 (e) The municipal court shall have authority to establish
22-33 bail and recognizances to ensure the presence of those
22-34 charged with violations before said court and shall have
22-35 discretionary authority to accept cash or personal or real
22-36 property as surety for the appearance of persons charged
22-37 with violations. Whenever any person shall give bail for
22-38 that person's appearance and shall fail to appear at the
22-39 time fixed for trial, the bond shall be forfeited by the
22-40 judge presiding at such time and an execution issued thereon
-22-
23- 1 by serving the defendant and the defendant's sureties with a
23- 2 rule nisi at least two days before a hearing on the rule
23- 3 nisi. In the event that cash or property is accepted in
23- 4 lieu of bond for security for the appearance of a defendant
23- 5 at trial, and if such defendant fails to appear at the time
23- 6 and place fixed for trial, the cash so deposited shall be on
23- 7 order of the judge declared forfeited to the city, or the
23- 8 property so deposited shall have a lien against it for the
23- 9 value forfeited which lien shall be enforceable in the same
23-10 manner and to the same extent as a lien for city property
23-11 taxes.
23-12 (f) The municipal court shall have the same authority as
23-13 superior courts to compel the production of evidence in the
23-14 possession of any party; to enforce obedience to its orders,
23-15 judgments, and sentences; and to administer such oaths as
23-16 are necessary.
23-17 (g) The municipal court may compel the presence of all
23-18 parties necessary to a proper disposal of each case by the
23-19 issuance of summonses, subpoenas, and warrants which may be
23-20 served as executed by any officer as authorized by this
23-21 charter or by law.
23-22 (h) Each judge of the municipal court shall be authorized to
23-23 issue warrants for the arrest of persons charged with
23-24 offenses against any ordinance of the city, and each judge
23-25 of the municipal court shall have the same authority as a
23-26 magistrate of the state to issue warrants for offenses
23-27 against state laws committed within the city.
23-28 SECTION 4.14.
23-29 The right of certiorari from the decision and judgment of
23-30 the municipal court shall exist in all criminal cases and
23-31 ordinance violation cases, and such certiorari shall be
23-32 obtained under the sanction of a judge of the Superior Court
23-33 of Randolph County under the laws of the State of Georgia
23-34 regulating the granting and issuance of writs of certiorari.
23-35 SECTION 4.15.
23-36 Rules for court.
23-37 With the approval of the city council, the judge of the
23-38 municipal court shall have full power and authority to make
23-39 reasonable rules and regulations necessary and proper to
23-40 secure the efficient and successful administration of the
23-41 municipal court; provided, however, that the city council
-23-
24- 1 may adopt in part or in toto the rules and regulations
24- 2 applicable to municipal courts. The rules and regulations
24- 3 made or adopted shall be filed with the city clerk, shall be
24- 4 available for public inspection, and, upon request, a copy
24- 5 shall be furnished to all defendants in municipal court
24- 6 proceedings at least 48 hours prior to such proceedings.
24- 7 ELECTIONS AND REMOVAL
24- 8 SECTION 5.10.
24- 9 Applicability of general law.
24-10 All primaries and elections shall be held and conducted in
24-11 accordance with Chapter 2 of Title 21 of the Official Code
24-12 of Georgia Annotated, the "Georgia Election Code," as now or
24-13 hereafter amended.
24-14 SECTION 5.11.
24-15 Regular elections; time for holding.
24-16 (a) On Tuesday next following the first Monday in November,
24-17 1999, successors to the three councilmembers whose terms
24-18 expire on December 31, 1999, shall be elected for an initial
24-19 term of office expiring on December 31, 2003, or until their
24-20 respective successors are elected and qualified.
24-21 (b) On Tuesday next following the first Monday in November,
24-22 2000, successors to the mayor and three councilmembers whose
24-23 terms expire on December 31, 2000, shall be elected for an
24-24 initial term of office expiring on December 31, 2001, or
24-25 until their respective successors are elected and qualified.
24-26 (c) Except as otherwise provided for the initial terms of
24-27 office specified in subsections (a) and (b) of this section,
24-28 the general municipal election for the election of the mayor
24-29 and councilmembers shall be conducted on the Tuesday next
24-30 following the first Monday in November in each odd-numbered
24-31 year. Successors shall be elected to those offices the
24-32 terms of which will expire on December 31 of such year. All
24-33 persons elected to such offices shall take office on January
24-34 1 immediately following the date of the municipal election;
24-35 and, except for the initial terms specified in subsections
24-36 (a) and (b) of this section, the mayor and councilmembers
24-37 shall have terms of office of four years and until their
24-38 respective successors are elected and qualified.
-24-
25- 1 SECTION 5.12.
25- 2 Nonpartisan elections.
25- 3 Political parties shall not conduct primaries for city
25- 4 offices and all names of candidates for city offices shall
25- 5 be listed without party designations.
25- 6 SECTION 5.13.
25- 7 Election by plurality.
25- 8 The person receiving a plurality of the votes cast for any
25- 9 city office shall be elected.
25-10 SECTION 5.14.
25-11 Special elections; vacancies.
25-12 In the event that the office of mayor or councilmember shall
25-13 become vacant as provided in Section 2.12 of this charter,
25-14 the city council or those remaining shall appoint a
25-15 successor for the remainder of the term, provided that less
25-16 than six months remain in the unexpired term. In all other
25-17 respects, the special election shall be held and conducted
25-18 in accordance with Chapter 2 of Title 21 of the Official
25-19 Code of Georgia Annotated, the "Georgia Election Code," as
25-20 now or hereafter amended.
25-21 SECTION 5.15.
25-22 Other provisions.
25-23 Except as otherwise provided by this charter, the city
25-24 council shall, by ordinance, prescribe such rules and
25-25 regulations as it deems appropriate to fulfill any options
25-26 and duties under Chapter 2 of Title 21 of the Official Code
25-27 of Georgia Annotated, the "Georgia Election Code."
25-28 SECTION 5.16.
25-29 Removal of officers.
25-30 (a) The mayor, councilmembers, or other appointed officers
25-31 provided for in this charter shall be removed from office
25-32 for any one or more of the causes provided in Title 45 of
25-33 the Official Code of Georgia Annotated or such other
25-34 applicable laws as are or may hereafter be enacted.
25-35 (b) Removal of an officer pursuant to subsection (a) of this
25-36 section shall be accomplished by one of the following
25-37 methods:
25-38 (1) Following a hearing at which an impartial panel
25-39 shall render a decision. In the event an elected officer
25-40 is sought to be removed by the action of the city
-25-
26- 1 council, such officer shall be entitled to a written
26- 2 notice specifying the ground or grounds for removal and
26- 3 to a public hearing which shall be held not less than
26- 4 ten days after the service of such written notice. The
26- 5 city council shall provide by ordinance for the manner
26- 6 in which such hearings shall be held. Any elected
26- 7 officer sought to be removed from office as provided in
26- 8 this section shall have the right of appeal from the
26- 9 decision of the city council to the Superior Court of
26-10 Randolph County. Such appeal shall be governed by the
26-11 same rules as govern appeals to the superior court from
26-12 the probate court; or
26-13 (2) By an order of the Superior Court of Randolph County
26-14 following a hearing on a complaint seeking such removal
26-15 brought by any resident of the City of Cuthbert.
26-16 SECTION 6.10.
26-17 Property tax.
26-18 The city council may assess, levy, and collect an ad valorem
26-19 tax on all real and personal property within the corporate
26-20 limits of the city that is subject to such taxation by the
26-21 state and county. This tax is for the purpose of raising
26-22 revenues to defray the costs of operating the city
26-23 government, of providing governmental services, for the
26-24 repayment of principal and interest on general obligations,
26-25 and for any other public purpose as determined by the city
26-26 council in its discretion.
26-27 SECTION 6.11.
26-28 Millage rate; due dates; payment methods.
26-29 The city council by ordinance shall establish a millage rate
26-30 for the city property tax, a due date, and the time period
26-31 within which these taxes must be paid. The city council by
26-32 ordinance may provide for the payment of these taxes by
26-33 installments or in one lump sum, as well as authorize the
26-34 voluntary payment of taxes prior to the time when due.
26-35 SECTION 6.12.
26-36 Occupation and business taxes.
26-37 The city council by ordinance shall have the power to levy
26-38 such occupation or business taxes as are not denied by law.
26-39 The city council may classify businesses, occupations, or
26-40 professions for the purpose of such taxation in any way
-26-
27- 1 which may be lawful and may compel the payment of such taxes
27- 2 as provided in Section 6.18 of this charter.
27- 3 SECTION 6.13.
27- 4 Regulatory fees; permits.
27- 5 The city council by ordinance shall have the power to
27- 6 require businesses or practitioners doing business in this
27- 7 city to obtain a permit for such activity from the city and
27- 8 pay a reasonable regulatory fee for such permit as provided
27- 9 by general law. Such fees shall reflect the total cost to
27-10 the city of regulating the activity and, if unpaid, shall be
27-11 collected as provided in Section 6.18 of this charter.
27-12 SECTION 6.14.
27-13 (a) The city council shall have the power to grant
27-14 franchises for the use of this city's streets and alleys for
27-15 the purposes of railroads, street railways, telephone
27-16 companies, electric companies, electric membership
27-17 corporations, cable television and other telecommunications
27-18 companies, gas companies, transportation companies, and
27-19 other similar organizations. The city council shall
27-20 determine the duration, terms, whether the same shall be
27-21 exclusive or nonexclusive, and the consideration for such
27-22 franchises; provided, however, no franchise shall be granted
27-23 for a period in excess of 35 years and no franchise shall be
27-24 granted unless the city receives just and adequate
27-25 compensation therefor. The city council shall provide for
27-26 the registration of all franchises with the city clerk in a
27-27 registration book kept by the city clerk. The city council
27-28 may provide by ordinance for the registration within a
27-29 reasonable time of all franchises previously granted.
27-30 (b) If no franchise agreement is in effect, the city council
27-31 has the authority to impose a tax on gross receipts for the
27-32 use of this city's streets and alleys for the purposes of
27-33 railroads, street railways, telephone companies, electric
27-34 companies, electric membership corporations, cable
27-35 television and other telecommunications companies, gas
27-36 companies, transportation companies, and other similar
27-37 organizations.
27-38 SECTION 6.15.
27-39 Service charges.
27-40 The city council by ordinance shall have the power to assess
27-41 and collect fees, charges, and tolls for sewers, sanitary
-27-
28- 1 and health services, or any other services provided or made
28- 2 available within and outside the corporate limits of the
28- 3 city for the total cost to the city of providing or making
28- 4 available such services. If unpaid, such charges shall be
28- 5 collected as provided in Section 6.18 of this charter.
28- 6 SECTION 6.16.
28- 7 Special assessments.
28- 8 The city council by ordinance shall have the power to assess
28- 9 and collect the cost of constructing, reconstructing,
28-10 widening, or improving any public way, street, sidewalk,
28-11 curbing, gutters, sewers, or other utility mains and
28-12 appurtenances from the abutting property owners under such
28-13 terms and conditions as are reasonable. If unpaid, such
28-14 charges shall be collected as provided in Section 6.18 of
28-15 this charter.
28-16 SECTION 6.17.
28-17 Construction; other taxes and fees.
28-18 This city shall be empowered to levy any other tax or fee
28-19 allowed now or hereafter by law, and the specific mention of
28-20 any right, power, or authority in this article shall not be
28-21 construed as limiting in any way the general powers of this
28-22 city to govern its local affairs.
28-23 SECTION 6.18.
28-24 Collection of delinquent taxes and fees.
28-25 The city council by ordinance may provide generally for the
28-26 collection of delinquent taxes, fees, or other revenue due
28-27 the city under Sections 6.10 through 6.17 of this charter by
28-28 whatever reasonable means as are not precluded by law. This
28-29 shall include providing for the dates when the taxes or fees
28-30 are due; late penalties or interest; issuance and execution
28-31 of fi. fas.; creation and priority of liens; making
28-32 delinquent taxes and fees the personal debts of the persons
28-33 required to pay the taxes or fees imposed; revoking city
28-34 permits for failure to pay any city taxes or fees; and
28-35 providing for the assignment or transfer of tax executions.
28-36 SECTION 6.19.
28-37 General obligation bonds.
28-38 The city council shall have the power to issue bonds for the
28-39 purpose of raising revenue to carry out any project,
28-40 program, or venture authorized under this charter or the
28-41 laws of the state. Such bonding authority shall be
28-42 exercised in accordance with the laws governing bond
-28-
29- 1 issuance by municipalities in effect at the time such issue
29- 2 is undertaken.
29- 3 SECTION 6.20.
29- 4 Revenue bonds.
29- 5 Revenue bonds may be issued by the city council as state law
29- 6 now or hereafter provides. Such bonds are to be paid out of
29- 7 any revenue produced by the project, program, or venture for
29- 8 which they were issued.
29- 9 SECTION 6.21.
29-10 Short-term loans.
29-11 The city may obtain short-term loans and must repay such
29-12 loans not later than December 31 of each year, unless
29-13 otherwise provided by law.
29-14 SECTION 6.22.
29-15 Lease-purchase contracts.
29-16 The city may enter into multiyear lease, purchase, or
29-17 lease-purchase contracts for the acquisition of goods,
29-18 materials, real and personal property, services, and
29-19 supplies, provided the contract terminates without further
29-20 obligation on the part of the municipality at the close of
29-21 the calendar year in which it was executed and at the close
29-22 of each succeeding calendar year for which it may be
29-23 renewed. Contracts must be executed in accordance with the
29-24 requirements of Code Section 36-60-13 of the Official Code
29-25 of Georgia Annotated or other such applicable laws as are or
29-26 may hereafter be enacted.
29-27 SECTION 6.23.
29-28 The city council shall set the fiscal year by ordinance.
29-29 This fiscal year shall constitute the budget year and the
29-30 year for financial accounting and reporting of each and
29-31 every office, department, agency, and activity of the city
29-32 government.
29-33 SECTION 6.24.
29-34 Preparation of budgets.
29-35 The city council shall provide an ordinance on the
29-36 procedures and requirements for the preparation and
29-37 execution of an annual operating budget, a capital
29-38 improvement plan, and a capital budget, including
29-39 requirements as to the scope, content, and form of such
29-40 budgets and plans.
-29-
30- 1 SECTION 6.25.
30- 2 Submission of operating budget
30- 3 to city council.
30- 4 On or before a date fixed by the city council but not later
30- 5 than 60 days prior to the beginning of each fiscal year, the
30- 6 city manager shall submit to the city council a proposed
30- 7 operating budget for the ensuing fiscal year. The budget
30- 8 shall be accompanied by a message from the mayor containing
30- 9 a statement of the general fiscal policies of the city, the
30-10 important features of the budget, explanations of major
30-11 changes recommended for the next fiscal year, a general
30-12 summary of the budget, and such other pertinent comments and
30-13 information. The operating budget and the capital budget
30-14 provided for by Section 6.29 of this charter, the budget
30-15 message, and all supporting documents shall be filed in the
30-16 office of the city clerk and shall be open to public
30-17 inspection.
30-18 SECTION 6.26.
30-19 Action by city council on budget.
30-20 (a) The city council may amend the operating budget proposed
30-21 by the mayor, except that the budget as finally amended and
30-22 adopted must provide for all expenditures required by state
30-23 law or by other provisions of this charter and for all debt
30-24 service requirements for the ensuing fiscal year, and the
30-25 total appropriations from any fund shall not exceed the
30-26 estimated fund balance, reserves, and revenues.
30-27 (b) The city council by ordinance shall adopt the final
30-28 operating budget for the ensuing fiscal year not later than
30-29 the first day of the ensuing fiscal year. If the city
30-30 council fails to adopt the budget by this date, the amounts
30-31 appropriated for operation for the current fiscal year shall
30-32 be deemed adopted for the ensuing fiscal year on a
30-33 month-to-month basis, with all items prorated accordingly,
30-34 until such time as the city council adopts a budget for the
30-35 ensuing fiscal year. Adoption of the budget shall take the
30-36 form of an appropriations ordinance setting out the
30-37 estimated revenues in detail by sources and making
30-38 appropriations according to fund and by organizational unit,
30-39 purpose, or activity as set out in the budget preparation
30-40 ordinance adopted pursuant to Section 6.24 of this charter.
30-41 (c) The amount set out in the adopted operating budget for
30-42 each organizational unit shall constitute the annual
30-43 appropriation for such, and no expenditure shall be made or
-30-
31- 1 encumbrance created in excess of the otherwise unencumbered
31- 2 balance of the appropriations or allotment thereof to which
31- 3 it is chargeable.
31- 4 SECTION 6.27.
31- 5 The city council shall levy by ordinance such taxes as are
31- 6 necessary. The taxes and tax rates set by such ordinance
31- 7 shall be such that reasonable estimates of revenues from
31- 8 such levy shall at least be sufficient, together with other
31- 9 anticipated revenues, fund balances, and applicable
31-10 reserves, to equal the total amount appropriated for each of
31-11 the several funds set forth in the annual operating budget
31-12 for defraying the expenses of the general government of this
31-13 city.
31-14 SECTION 6.28.
31-15 Changes in appropriations.
31-16 The city council by ordinance may make changes in the
31-17 appropriations contained in the current operating budget at
31-18 any regular meeting or special or emergency meeting called
31-19 for such purpose, but any additional appropriations may be
31-20 made only from an existing unexpended surplus.
31-21 SECTION 6.29.
31-22 Submission of capital improvements
31-23 budget to city council.
31-24 (a) On or before the date fixed by the city council, but not
31-25 later than 60 days prior to the beginning of each fiscal
31-26 year, the city manager shall submit to the city council a
31-27 proposed capital improvements plan with a recommended
31-28 capital budget containing the means of financing the
31-29 improvements proposed for the ensuing fiscal year. The city
31-30 council shall have power to accept, with or without
31-31 amendments, or reject the proposed plan and budget. The
31-32 city council shall not authorize an expenditure for the
31-33 construction of any building, structure, work, or
31-34 improvement unless the appropriations for such project are
31-35 included in the capital budget, except to meet a public
31-36 emergency as provided in Section 2.24 of this charter.
31-37 (b) The city council shall adopt by ordinance the final
31-38 capital budget for the ensuing fiscal year not later than
31-39 the first day of the ensuing fiscal year. No appropriation
31-40 provided for in a prior capital budget shall lapse until the
31-41 purpose for which the appropriation was made shall have been
-31-
32- 1 accomplished or abandoned; provided, however, the mayor may
32- 2 submit amendments to the capital budget at any time during
32- 3 the fiscal year, accompanied by recommendations. Any such
32- 4 amendments to the capital budget shall become effective only
32- 5 upon adoption by ordinance.
32- 6 SECTION 6.30.
32- 7 Independent audits.
32- 8 There shall be an annual independent audit of all city
32- 9 accounts, funds, and financial transactions by a certified
32-10 public accountant selected by the city council. The audit
32-11 shall be conducted according to generally accepted auditing
32-12 principles. Any audit of any funds by the state or federal
32-13 governments may be accepted as satisfying the requirements
32-14 of this charter. Copies of annual audit reports shall be
32-15 available at printing costs to the public.
32-16 SECTION 6.31.
32-17 Contracting procedures.
32-18 No contract with the city shall be binding on the city
32-19 unless:
32-20 (1) It is in writing;
32-21 (2) It is drawn by or submitted to and reviewed by the
32-22 city attorney and, as a matter of course, is signed by
32-23 the city attorney to indicate such drafting or review;
32-24 (3) It is made or authorized by the city council and
32-25 such approval is entered in the city council journal of
32-26 proceedings pursuant to Section 2.21 of this charter;
32-27 and
32-28 (4) It is signed by the mayor and three members of the
32-29 city council or by four members of the city council.
32-30 SECTION 6.32.
32-31 Centralized purchasing.
32-32 The city council shall by ordinance prescribe procedures for
32-33 a system of centralized purchasing for the city.
32-34 SECTION 6.33.
32-35 Sale and lease of city property.
32-36 (a) The city council may sell and convey or lease any real
32-37 or personal property owned or held by the city for
32-38 governmental or other purposes as now or hereafter provided
32-39 by law.
-32-
33- 1 (b) The city council may quitclaim any rights it may have in
33- 2 property not needed for public purposes upon report by the
33- 3 mayor and adoption of a resolution, both finding that the
33- 4 property is not needed for public or other purposes and that
33- 5 the interest of the city has no readily ascertainable
33- 6 monetary value.
33- 7 (c) Whenever in opening, extending, or widening any street,
33- 8 avenue, alley, or public place of the city a small parcel or
33- 9 tract of land is cut off or separated by such work from a
33-10 larger tract or boundary of land owned by the city, the city
33-11 council may authorize the mayor to sell and convey said
33-12 cut-off or separated parcel or tract of land to an abutting
33-13 or adjoining property owner or owners where such sale and
33-14 conveyance facilitates the enjoyment of the highest and best
33-15 use of the abutting owner's property. Included in the sales
33-16 contract shall be a provision for the rights of way of said
33-17 street, avenue, alley, or public place. Each abutting
33-18 property owner shall be notified of the availability of the
33-19 property and given the opportunity to purchase said property
33-20 under such terms and conditions as set out by ordinance.
33-21 All deeds and conveyances heretofore and hereafter so
33-22 executed and delivered shall convey all title and interest
33-23 the city has in such property, notwithstanding the fact that
33-24 no public sale after advertisement was or is hereafter made.
33-25 GENERAL PROVISIONS
33-26 SECTION 7.10.
33-27 Bonds for officials.
33-28 The officers and employees of this city, both elected and
33-29 appointed, shall execute such surety or fidelity bonds in
33-30 such amounts and upon such terms and conditions as the city
33-31 council shall from time to time require by ordinance or as
33-32 may be provided by law.
33-33 SECTION 7.11.
33-34 Prior ordinances.
33-35 All ordinances, resolutions, rules, and regulations now in
33-36 force in the city and not inconsistent with this charter are
33-37 declared valid and of full effect and force until amended or
33-38 repealed by the city council.
-33-
34- 1 SECTION 7.12.
34- 2 Existing personnel and officers.
34- 3 Except as specifically provided otherwise by this charter,
34- 4 all personnel and officers of this city and their rights,
34- 5 privileges, and powers shall continue beyond the time this
34- 6 charter takes effect for a period of 180 days before or
34- 7 during which time the existing city council shall pass a
34- 8 transition ordinance detailing the changes in personnel and
34- 9 appointed officers required or desired and arranging such
34-10 titles, rights, privileges, and powers as may be required or
34-11 desired to allow a reasonable transition.
34-12 SECTION 7.13.
34-13 Pending matters.
34-14 Except as specifically provided otherwise by this charter,
34-15 all rights, claims, actions, orders, contracts, and legal or
34-16 administrative proceedings shall continue and any such
34-17 ongoing work or cases shall be completed by such city
34-18 agencies, personnel, or offices as may be provided by the
34-19 city council.
34-20 SECTION 7.14.
34-21 Construction.
34-22 (a) Section captions in this charter are informative only
34-23 and are not to be considered as a part thereof.
34-24 (b) The word "shall" is mandatory and the word "may" is
34-25 permissive.
34-26 (c) The singular shall include the plural, the masculine
34-27 shall include the feminine, and vice versa.
34-28 SECTION 7.15.
34-29 Severability.
34-30 If any article, section, subsection, paragraph, sentence, or
34-31 part thereof of this charter shall be held to be invalid or
34-32 unconstitutional, such invalidity or unconstitutionality
34-33 shall not affect or impair other parts of this charter
34-34 unless it clearly appears that such other parts are wholly
34-35 and necessarily dependent upon the part held to be invalid
34-36 or unconstitutional, it being the legislative intent in
34-37 enacting this charter that each article, section,
34-38 subsection, paragraph, sentence, or part thereof be enacted
34-39 separately and independent of each other.
34-40 SECTION 7.16.
34-41 Specific repealer.
-34-
35- 1 An Act providing a new charter for the City of Cuthbert,
35- 2 approved April 9, 1963 (Ga. L. 1963, p. 3065), as amended,
35- 3 is repealed in its entirety.
35- 4 SECTION 7.17.
35- 5 Effective date.
35- 6 This charter shall become effective upon its approval by the
35- 7 Governor or upon its becoming law without such approval.
35- 8 SECTION 7.18.
35- 9 General repealer.
35-10 All laws and parts of laws in conflict with this Act are
35-11 repealed.
-35-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/19/99
