10 LC 18 8651
House Bill 961
By: Representatives Benton of the 31st and Harden of the 28th
A BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide for a new charter for the City of Maysville; to provide for
incorporation, boundaries, and powers of the city; to provide for a governing
authority of such city and the powers, duties, authority, election, terms,
vacancies, compensation, expenses, qualifications, prohibitions, conflicts of
interest, and suspension and removal from office relative to members of such
governing authority; to provide for inquiries and investigations; to provide for
oaths, organization, meetings, quorum, voting, rules, and procedures; to provide
for ordinances and codes; to provide for a mayor and mayor tempore and certain
duties, powers, and other matters relative thereto; to provide for
administrative affairs and responsibilities; to provide for boards, commissions,
and authorities; to provide for a city attorney, a city clerk, and other
personnel and matters relating thereto; to provide for rules and regulations; to
provide for a municipal court and the judge or judges thereof and other matters
relative to those judges; to provide for the court´s jurisdiction, powers,
practices, and procedures; to provide for the right of certiorari; to provide
for elections; to provide for taxation, licenses, and fees; to provide for
franchises, service charges, and assessments; to provide for bonded and other
indebtedness; to provide for auditing, accounting, budgeting, and
appropriations; to provide for city contracts and purchasing; to provide for the
conveyance of property and interests therein; to provide for bonds for
officials; to provide for prior ordinances and rules, pending matters, and
existing personnel; to provide for penalties; to provide for definitions and
construction; to provide for other matters relative to the foregoing; to provide
for the specific repeal of certain local Acts; to provide for submission of this
Act for preclearance under the federal Voting Rights Act of 1965, as amended; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
ARTICLE I
INCORPORATION AND POWERS
SECTION 1.10.
Name.
INCORPORATION AND POWERS
SECTION 1.10.
Name.
This
city and the inhabitants thereof are reincorporated by the enactment of this
charter and are hereby constituted and declared a body politic and corporate
under the name and style Maysville, Georgia, and by that name shall have
perpetual succession.
SECTION 1.11.
Corporate boundaries.
Corporate boundaries.
(a) The
boundaries of this city shall be those existing on the effective date of the
adoption of this charter with such alterations as may be made from time to time
in the manner provided by law. The boundaries of this city at all times shall be
shown on a map, a written description, or any combination thereof, to be
retained permanently in the city hall and to be designated, as the case may be:
"Official Map (or Description) of the corporate limits of the City of Maysville,
Georgia." Photographic, typed, or other copies of such map or description
certified by the city clerk shall be admitted as evidence in all courts and
shall have the same force and effect as with the original map or
description.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
(b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace.
SECTION 1.12.
Powers and construction.
Powers and construction.
(a)
This city shall have all powers possible for a city to have under the present or
future constitution and laws of this state as fully and completely as though
they were specifically enumerated in this charter. This city shall have all the
powers of self-government not otherwise prohibited by this charter or by general
law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following:
(1) Animal regulations. To regulate and license or to
prohibit the keeping or running at large of animals and fowl and to provide for
the impoundment of same if in violation of any ordinance or lawful order; to
provide for the disposition by sale, gift, or humane destruction of animals and
fowl when not redeemed as provided by ordinance; and to provide punishment for
violation of ordinances enacted under this charter;
(2) Appropriations and expenditures. To make
appropriations for the support of the government of the city; to authorize the
expenditure of money for any purposes authorized by this charter and for any
purpose for which a municipality is authorized by the laws of the State of
Georgia; and to provide for the payment of expenses of the city;
(3) Building regulation. To regulate and to license the
erection and construction of buildings and all other structures; to adopt
building, housing, plumbing, electrical, gas, and heating and air-conditioning
codes; and to regulate all housing and building trades;
(4) Business regulation and taxation. To levy and to
provide for the collection of regulatory fees and taxes on privileges,
occupations, trades, and professions as authorized by Title 48 of the O.C.G.A.
or such other applicable laws as are or may hereafter be enacted; to permit and
regulate the same; to provide for the manner and method of payment of such
regulatory fees and taxes; and to revoke such permits after due process for
failure to pay any city taxes or fees;
(5) Condemnation. To condemn property, inside or outside
the corporate limits of the city, for present or future use and for any
corporate purpose deemed necessary by the governing authority, utilizing
procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws
as are now or may hereafter be enacted;
(6) Contracts. To enter into contracts and agreements
with other governmental entities and with private persons, firms, and
corporations;
(7) Emergencies. To establish procedures for determining
and proclaiming that an emergency situation exists within or outside the city
and to make and carry out all reasonable provisions deemed necessary to deal
with or meet such an emergency for the protection, safety, health, or well-being
of the citizens of the city;
(8) Environmental protection. To protect and preserve
the natural resources, environment, and vital areas of the state through the
preservation and improvement of air quality, the restoration and maintenance of
water resources, the control of erosion and sedimentation, the management of
solid and hazardous waste, and other necessary actions for the protection of the
environment;
(9) Fire regulations. To fix and establish fire limits
and from time to time to extend, enlarge, or restrict the same; to prescribe
fire safety regulations not inconsistent with general law, relating to both fire
prevention and detection and to fire fighting; and to prescribe penalties and
punishment for violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a
garbage, refuse, and trash collection and disposal and other sanitary service
charge, tax, or fee for such services as may be necessary in the operation of
the city from all individuals, firms, and corporations residing in or doing
business in the city benefiting from such services; to enforce the payment of
such charges, taxes, or fees; and to provide for the manner and method of
collecting such service charges;
(11) General health, safety, and welfare. To define,
regulate, and prohibit any act, practice, conduct, or use of property which is
detrimental to health, sanitation, cleanliness, welfare, and safety of the
inhabitants of the city and to provide for the enforcement of such
standards;
(12) Gifts. To accept or refuse gifts, donations,
bequests, or grants from any source for any purpose related to powers and duties
of the city and the general welfare of its citizens, on such terms and
conditions as the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of
health and sanitation and to provide for the enforcement of such
standards;
(14) Jail sentences. To provide that persons given jail
sentences in the municipal court may work out such sentences in any public works
or on the streets, roads, drains, and other public property in the city; to
provide for commitment of such persons to any jail; or to provide for commitment
of such persons to any county work camp or county jail by agreement with the
appropriate county officials;
(15) Motor vehicles. To regulate the operation of motor
vehicles and exercise control over all traffic, including parking upon or across
the streets, roads, alleys, and walkways of the city;
(16) Municipal agencies and delegation of power. To
create, alter, or abolish departments, boards, offices, commissions, and
agencies of the city and to confer upon such agencies the necessary and
appropriate authority for carrying out all the powers conferred upon or
delegated to the same;
(17) Municipal debts. To appropriate and borrow money
for the payment of debts of the city and to issue bonds for the purpose of
raising revenue to carry out any project, program, or venture authorized by this
charter or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose
of, lease, and hold in trust or otherwise any real, personal, or mixed property,
in fee simple or lesser interest, inside or outside the property limits of the
city;
(19) Municipal property protection. To provide for the
preservation and protection of property and equipment of the city and the
administration and use of same by the public; and to prescribe penalties and
punishment for violations thereof;
(20) Municipal utilities. To acquire, lease, construct,
operate, maintain, sell, and dispose of public utilities, including but not
limited to a system of waterworks, sewers and drains, sewage disposal, gas
works, electric light plants, cable television and other telecommunications,
transportation facilities, public airports, and any other public utility; and to
fix the taxes, charges, rates, fares, fees, assessments, regulations, and
penalties and to provide for the withdrawal of service for refusal or failure to
pay the same;
(21) Nuisance. To define a nuisance and provide for its
abatement whether on public or private property;
(22) Penalties. To provide penalties for violation of
any ordinances adopted pursuant to the authority of this charter and the laws of
the State of Georgia;
(23) Planning and zoning. To provide comprehensive city
planning for development by zoning; and to provide subdivision regulation and
the like as the city council deems necessary and reasonable to ensure a safe,
healthy, and aesthetically pleasing community;
(24) Police and fire protection. To exercise the power
of arrest through duly appointed police officers and to establish, operate, or
contract for a police and a fire-fighting agency;
(25) Public hazards; removal. To provide for the
destruction and removal of any building or other structure which is or may
become dangerous or detrimental to the public;
(26) Public improvements. To provide for the
acquisition, construction, building, operation, and maintenance of public ways,
parks and playgrounds, recreational facilities, cemeteries, markets and market
houses, public buildings, libraries, public housing, airports, hospitals,
terminals, docks, parking facilities, and charitable, cultural, educational,
recreational, conservation, sport, curative, corrective, detentional, penal, and
medical institutions, agencies, and facilities; and to provide any other public
improvements, inside or outside the corporate limits of the city; to regulate
the use of public improvements; and, for such purposes, property may be acquired
by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as
are now or may hereafter be enacted;
(27) Public peace. To provide for the prevention and
punishment of drunkenness, riots, and public disturbances;
(28) Public transportation. To organize and operate such
public transportation systems as are deemed beneficial;
(29) Public utilities and services. To grant franchises
or make contracts for or impose taxes on public utilities and public service
companies and to prescribe the rates, fares, regulations, and standards and
conditions of service applicable to the service to be provided by the franchise
grantee or contractor, insofar as not in conflict with valid regulations of the
Georgia Public Service Commission;
(30) Regulation of roadside areas. To prohibit or
regulate and control the erection, removal, and maintenance of signs,
billboards, trees, shrubs, fences, buildings, and any and all other structures
or obstructions upon or adjacent to the rights of way of streets and roads or
within view thereof, within or abutting the corporate limits of the city; and to
prescribe penalties and punishment for violation of such
ordinances;
(31) Retirement. To provide and maintain a retirement
plan for officers and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow,
establish or change the grade of, abandon or close, construct, pave, curb,
gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean,
prevent erosion of, and light the roads, alleys, and walkways within the
corporate limits of the city; and to grant franchises and rights of way
throughout the streets and roads and over the bridges and viaducts for the use
of public utilities; and to require real estate owners to repair and maintain in
a safe condition the sidewalks adjoining their lots or lands and to impose
penalties for failure to do so;
(33) Sewer fees. To levy a fee, charge, or sewer tax as
necessary to assure the acquiring, constructing, equipping, operating,
maintaining, and extending of a sewage disposal plant and sewerage system and to
levy on those to whom sewers and sewerage systems are made available a sewer
service fee, charge, or sewer tax for the availability or use of the sewers; to
provide for the manner and method of collecting such service charges and for
enforcing payment of the same; and to charge, impose, and collect a sewer
connection fee or fees to those connected with the system;
(34) Solid waste disposal. To provide for the collection
and disposal of garbage, rubbish, and refuse and to regulate the collection and
disposal of garbage, rubbish, and refuse by others; and to provide for the
separate collection of glass, tin, aluminum, cardboard, paper, and other
recyclable materials and to provide for the sale of such items;
(35) Special areas of public regulation. To regulate or
prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of
intoxicating liquors, and the use of firearms; to regulate the transportation,
storage, and use of combustible, explosive, and inflammable materials, the use
of lighting and heating equipment, and any other business or situation which may
be dangerous to persons or property; to regulate and control the conduct of
peddlers and itinerant traders, theatrical performances, exhibitions, and shows
of any kind, by taxation or otherwise; and to license, tax, regulate, or
prohibit professional fortunetelling, palmistry, adult bookstores, and massage
parlors;
(36) Special assessments. To levy and provide for the
collection of special assessments to cover the costs for any public
improvements;
(37) Taxes: ad valorem. To levy and provide for the
assessment, valuation, revaluation, and collection of taxes on all property
subject to taxation;
(38) Taxes: other. To levy and collect such other taxes
as may be allowed now or in the future by law;
(39) Taxicabs. To regulate and license vehicles operated
for hire in the city; to limit the number of such vehicles; to require the
operators thereof to be licensed; to require public liability insurance on such
vehicles in the amounts to be prescribed by ordinance; and to regulate the
parking of such vehicles;
(40) Urban redevelopment. To organize and operate an
urban redevelopment program; and
(41) Other powers. To exercise and enjoy all other
powers, functions, rights, privileges, and immunities necessary or desirable to
promote or protect the safety, health, peace, security, good order, comfort,
convenience, or general welfare of the city and its inhabitants; and to exercise
all implied powers necessary or desirable to carry into execution all powers
granted in this charter as fully and completely as if such powers were fully
stated in this charter; and to exercise all powers now or in the future
authorized to be exercised by other municipal governments under other laws of
the State of Georgia; and no listing of particular powers in this charter shall
be held to be exclusive of others, nor restrictive of general words and phrases
granting powers, but shall be held to be in addition to such powers unless
expressly prohibited to municipalities under the Constitution or applicable laws
of the State of Georgia.
SECTION 1.13.
Exercise of powers.
Exercise of powers.
All
powers, functions, rights, privileges, and immunities of the city, its officers,
agencies, or employees shall be carried into execution as provided by this
charter. If this charter makes no provision, such shall be carried into
execution as provided by ordinance or as provided by pertinent laws of the State
of Georgia.
ARTICLE II
GOVERNMENT STRUCTURE
SECTION 2.10.
City council creation; number; election.
GOVERNMENT STRUCTURE
SECTION 2.10.
City council creation; number; election.
The
legislative authority of the government of this city, except as otherwise
specifically provided in this charter, shall be vested in a city council to be
composed of a mayor and four councilmembers. The city council established in
this charter shall in all respects be a successor to and continuation of the
city governing authority under prior law. The mayor and councilmembers shall be
elected in the manner provided by general law and this charter.
SECTION 2.11.
City councilmembers;
terms and qualifications for office.
City councilmembers;
terms and qualifications for office.
(a) The
members of the city council shall serve for terms of four years and until their
respective successors are elected and qualified. The term of office of each
member of the city council shall begin on the first day of January immediately
following the election of such member unless general law authorizes or requires
the term to begin at the first organizational meeting in January or upon some
other date. No person shall be eligible to serve as mayor or councilmember
unless that person shall have been a resident of the city for 12 months prior to
the date of the election of mayor or members of the city council; each shall
continue to reside therein during that person´s period of service and to be
registered and qualified to vote in municipal elections of this
city.
(b) The mayor and councilmembers shall be elected by plurality vote as provided in Section 5.13 of this charter.
(b) The mayor and councilmembers shall be elected by plurality vote as provided in Section 5.13 of this charter.
SECTION 2.12.
Vacancy; filling of vacancies.
Vacancy; filling of vacancies.
(a)
Vacancies—The office of mayor or councilmember shall become vacant upon the
occurrence of any event specified by the Constitution of the State of Georgia,
Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter
be enacted.
(b) Filling of vacancies—A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted.
(b) Filling of vacancies—A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment if less than 12 months remain in the unexpired term, otherwise by an election as provided for in Section 5.14 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A. or such other laws as are or may hereafter be enacted.
SECTION 2.13.
Compensation and expenses.
Compensation and expenses.
The
mayor and councilmembers shall receive compensation and expenses for their
services as provided by ordinance.
SECTION 2.14.
Conflicts of interest; holding other offices.
Conflicts of interest; holding other offices.
(a)
Elected and appointed officers of the city are trustees and servants of the
residents of the city and shall act in a fiduciary capacity for the benefit of
such residents.
(b) Conflict of interest—No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(b) Conflict of interest—No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a
financial or other personal interest, direct or indirect, which is incompatible
with the proper discharge of that person´s official duties or which would tend
to impair the independence of the person´s judgment or action in the performance
of those official duties;
(2) Engage in or accept private employment or render
services for private interests when such employment or service is incompatible
with the proper discharge of that person´s official duties or would tend to
impair the independence of that person´s judgment or action in the performance
of those official duties;
(3) Disclose confidential information, including
information obtained at meetings which are closed pursuant to Chapter 14 of
Title 50 of the O.C.G.A., concerning the property, government, or affairs of the
governmental body by which the person is engaged without proper legal
authorization or use such information to advance the financial or other private
interest of the person or others;
(4) Accept any valuable gift, whether in the form of
service, loan, thing, or promise, from any person, firm, or corporation which to
the person´s knowledge is interested, directly or indirectly, in any manner
whatsoever, in business dealings with the governmental body by which the person
is engaged; provided, however, that an elected official who is a candidate for
public office may accept campaign contributions and services in connection with
any such campaign;
(5) Represent other private interests in any action or
proceeding against this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or
in the making of any contract with any business or entity in which that person
has a financial interest.
(c)
Disclosure—Any elected official, appointed officer, or employee who shall have
any financial interest, directly or indirectly, in any contract or matter
pending before or within any department of the city shall disclose such interest
to the city council. The mayor or any councilmember who has a financial interest
in any matter pending before the city council shall disclose such interest and
such disclosure shall be entered on the records of the city council, and that
person shall disqualify himself or herself from participating in any decision or
vote relating thereto. Any elected official, appointed officer, or employee of
any agency or political entity to which this charter applies who shall have any
financial interest, directly or indirectly, in any contract or matter pending
before or within such entity shall disclose such interest to the governing body
of such agency or entity.
(d) Use of public property—No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts voidable and rescindable—Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council.
(f) Ineligibility of elected official—Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected.
(g) Political activities of certain officers and employees—No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise.
(h) Penalties for violation—
(d) Use of public property—No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.
(e) Contracts voidable and rescindable—Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council.
(f) Ineligibility of elected official—Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected.
(g) Political activities of certain officers and employees—No appointed officer of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the city shall continue in such employment upon election to any public office in this city or any other public office which is inconsistent, incompatible, or in conflict with the duties of the city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise.
(h) Penalties for violation—
(1) Any city officer or employee who knowingly conceals
such financial interest or knowingly violates any of the requirements of this
section shall be guilty of malfeasance in office or position and shall be deemed
to have forfeited that person´s office or position.
(2) Any officer or employee of the city who shall
forfeit an office or position as described in paragraph (1) of this subsection
shall be ineligible for appointment or election to or employment in a position
in the city government for a period of three years thereafter.
SECTION 2.15.
Inquiries and investigations.
Inquiries and investigations.
Following the adoption of an authorizing resolution, the
city council may make inquiries and investigations into the affairs of the city
and the conduct of any department, office, or agency thereof and for this
purpose may subpoena witnesses, administer oaths, take testimony, and require
the production of evidence. Any person who fails or refuses to obey a lawful
order issued in the exercise of these powers by the city council shall be
punished as provided by ordinance.
SECTION 2.16.
General power and authority of the city council.
General power and authority of the city council.
Except
as otherwise provided by law or this charter, the city council shall be vested
with all the powers of government of this city.
SECTION 2.17.
Organizational meetings.
Organizational meetings.
The
city council shall hold an organizational meeting on the first Monday of each
January following each election. The meeting shall be called to order by the
city clerk and the oath of office shall be administered to the newly elected
members as follows:
"I do solemnly (swear) (affirm) that I will faithfully
perform the duties of (mayor) (councilmember) of this city and that I will
support and defend the charter thereof as well as the Constitution and laws of
the State of Georgia and the United States of America."
SECTION 2.18.
Regular and special meetings.
Regular and special meetings.
(a) The
city council shall hold regular meetings at such times and places as shall be
prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor. Notice of such special meeting shall be served on all councilmembers personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember´s presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
(b) Special meetings of the city council may be held on call of the mayor. Notice of such special meeting shall be served on all councilmembers personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember´s presence. Only the business stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required by law, and notice to the public of special meetings shall be made as fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted.
SECTION 2.19.
Rules of procedure.
Rules of procedure.
(a) The
city council shall adopt its rules of procedure and order of business consistent
with the provisions of this charter and shall provide for keeping a journal of
its proceedings, which shall be a public record.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
(b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.
SECTION 2.20.
Quorum; voting.
Quorum; voting.
Three
councilmembers shall constitute a quorum and shall be authorized to transact
business of the city council. Voting on the adoption of ordinances shall be by
voice vote and the vote shall be recorded in the journal, but any member of the
city council shall have the right to request a roll-call vote and such vote
shall be recorded in the journal. Except as otherwise provided in this charter,
the affirmative vote of three councilmembers shall be required for the adoption
of any ordinance, resolution, or motion. An abstention shall be counted as an
affirmative vote. The mayor shall have the power to vote only to break a
tie.
SECTION 2.21.
Ordinance form; procedures.
Ordinance form; procedures.
(a)
Every proposed ordinance should be introduced in writing and in the form
required for final adoption. No ordinance shall contain a subject which is not
expressed in its title. The enacting clause shall be "It is hereby ordained by
the governing authority of the City of Maysville..." and every ordinance shall
so begin.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.23 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.23 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.
SECTION 2.22.
Action requiring an ordinance.
Action requiring an ordinance.
Acts of
the city council which have the force and effect of law shall be enacted by
ordinance.
SECTION 2.23.
Emergencies.
Emergencies.
(a) To
meet a public emergency affecting life, health, property, or public peace, the
city council may convene on call of the mayor and two councilmembers and
promptly adopt an emergency ordinance, but such ordinance may not levy taxes;
grant, renew, or extend a franchise; regulate the rate charged by any public
utility for its services; or authorize the borrowing of money except for loans
to be repaid within 30 days. An emergency ordinance shall be introduced in the
form prescribed for ordinances generally, except that it shall be plainly
designated as an emergency ordinance and shall contain, after the enacting
clause, a declaration stating that an emergency exists and describing the
emergency in clear and specific terms. An emergency ordinance may be adopted,
with or without amendment, or rejected at the meeting at which it is introduced,
but the affirmative vote of at least three councilmembers shall be required for
adoption. It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically stand repealed 30
days following the date upon which it was adopted, but this shall not prevent
reenactment of the ordinance in the manner specified in this section if the
emergency still exists. An emergency ordinance may also be repealed by adoption
of a repealing ordinance in the same manner specified in this section for
adoption of emergency ordinances.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
(b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted.
SECTION 2.24.
Codes of technical regulations.
Codes of technical regulations.
(a) The
city council may adopt any standard code of technical regulations by reference
thereto in an adopting ordinance. The procedure and requirements governing such
adopting ordinance shall be as prescribed for ordinances generally except that:
(1) the requirements of subsection (b) of Section 2.21 of this charter for
distribution and filing of copies of the ordinance shall be construed to include
copies of any code of technical regulations, as well as the adopting ordinance;
and (2) a copy of each adopted code of technical regulations, as well as the
adopting ordinance, shall be authenticated and recorded by the clerk pursuant to
Section 2.25 of this charter.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.
SECTION 2.25.
Signing; authenticating;
recording; codification; printing.
Signing; authenticating;
recording; codification; printing.
(a) The
clerk shall authenticate by the clerk´s signature and record in full in a
properly indexed book kept for that purpose all ordinances adopted by the city
council.
(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Maysville, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
(b) The city council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as "The Code of the City of Maysville, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council.
(c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.
SECTION 2.26.
Mayor pro tempore.
Mayor pro tempore.
The
mayor shall appoint a councilmember to serve as mayor pro tempore. The mayor pro
tempore shall assume the duties and powers of the mayor during the mayor´s
physical or mental disability or absence. Any such disability or absence shall
be declared by a majority vote of the city council. The mayor pro tempore shall
sign all contracts and ordinances in which the mayor has a disqualifying
financial interest as provided in Section 2.14 of this charter.
SECTION 2.27.
Powers and duties of mayor.
Powers and duties of mayor.
The
mayor shall:
(1) Preside at all meetings of the city
council;
(2) Be the head of the city for the purpose of service
of process and for ceremonial purposes and be the official spokesperson for the
city and the chief advocate of policy;
(3) Have power to administer oaths and to take
affidavits;
(4) Sign as a matter of course on behalf of the city all
written and approved contracts, ordinances, and other instruments executed by
the city which by law are required to be in writing;
(5) Vote on matters before the city council in the case
of a tie and be counted toward a quorum as any other councilmember;
(6) Prepare and submit to the city council a recommended
annual operating budget and recommended capital budget; and
(7) Fulfill such other executive and administrative
duties as the city council shall by ordinance establish.
ARTICLE III
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
Administrative and service departments.
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
Administrative and service departments.
(a)
Except as otherwise provided in this charter, the city council by ordinance
shall prescribe the functions or duties and establish, abolish, alter,
consolidate, or leave vacant all nonelective offices, positions of employment,
departments, and agencies of the city as necessary for the proper administration
of the affairs and government of this city.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director´s department or agency.
(e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications.
(c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance.
(d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director´s department or agency.
(e) All appointed officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointed officers and directors shall be employees at will and subject to removal or suspension at any time by the mayor unless otherwise provided by law or ordinance.
SECTION 3.11.
Boards, commissions, and authorities.
Boards, commissions, and authorities.
(a) The
city council shall create by ordinance such boards, commissions, and authorities
to fulfill any investigative, quasi-judicial, or quasi-legislative function the
city council deems necessary and shall by ordinance establish the composition,
period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member´s office, such oath to be prescribed by ordinance and administered by the mayor.
(g) All board members serve at will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
(b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.
(c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city.
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself or herself to faithfully and impartially perform the duties of that member´s office, such oath to be prescribed by ordinance and administered by the mayor.
(g) All board members serve at will and may be removed at any time by a vote of three members of the city council unless otherwise provided by law.
(h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.
SECTION 3.12.
City attorney.
City attorney.
The
city council shall appoint a city attorney, together with such assistant city
attorneys as may be authorized, and shall provide for the payment of such
attorney or attorneys for services rendered to the city. The city attorney shall
be responsible for providing for the representation and defense of the city in
all litigation in which the city is a party; may be the prosecuting officer in
the municipal court; shall attend the meetings of the city council as directed;
shall advise the city council and other officers and employees of the city
concerning legal aspects of the city´s affairs; and shall perform such other
duties as may be required by virtue of the person´s position as city
attorney.
SECTION 3.13.
City clerk.
City clerk.
The
city council shall appoint a city clerk who shall not be a councilmember. The
city clerk shall be custodian of the official city seal and city records;
maintain city council records required by this charter; and perform such other
duties as may be required by the city council.
SECTION 3.14.
Position classification and pay plans.
Position classification and pay plans.
The
mayor shall be responsible for the preparation of a position classification and
pay plan which shall be submitted to the city council for approval. Such plan
may apply to all employees of the city and any of its agencies, departments,
boards, commissions, or authorities. When a pay plan has been adopted, the city
council shall not increase or decrease the salary range applicable to any
position except by amendment of such pay plan. For purposes of this section, all
elected and appointed city officials are not city employees.
SECTION 3.15.
Personnel policies.
Personnel policies.
All
employees serve at will and may be removed from office at any time unless
otherwise provided by ordinance.
ARTICLE IV
JUDICIAL BRANCH
SECTION 4.10.
Creation; name.
JUDICIAL BRANCH
SECTION 4.10.
Creation; name.
There
shall be a court to be known as the Municipal Court of the City of
Maysville.
SECTION 4.11.
Chief judge; associate judge.
Chief judge; associate judge.
(a) The
municipal court shall be presided over by a chief judge and such part-time,
full-time, or stand-by judges as shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person´s ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this charter.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia, and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person´s ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.19 of this charter.
SECTION 4.12.
Convening.
Convening.
The
municipal court shall be convened at regular intervals as provided by
ordinance.
SECTION 4.13.
Jurisdiction; powers.
Jurisdiction; powers.
(a) The
municipal court shall try and punish violations of this charter, all city
ordinances, and such other violations as provided by law.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1,000.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for ten days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person´s appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant´s sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $1,000.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for ten days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.
(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person´s appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and the defendant´s sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.
SECTION 4.14.
Certiorari.
Certiorari.
The
right of certiorari from the decision and judgment of the municipal court shall
exist in all criminal cases and ordinance violation cases, and such certiorari
shall be obtained under the sanction of a judge of the superior court of the
county having jurisdiction under the laws of the State of Georgia regulating the
granting and issuance of writs of certiorari.
SECTION 4.15.
Rules for court.
Rules for court.
With
the approval of the city council, the judge shall have full power and authority
to make reasonable rules and regulations necessary and proper to secure the
efficient and successful administration of the municipal court; provided,
however, that the city council may adopt in part or in toto the rules and
regulations applicable to municipal courts. The rules and regulations made or
adopted shall be filed with the city clerk, shall be available for public
inspection, and, upon request, a copy shall be furnished to all defendants in
municipal court proceedings at least 48 hours prior to said
proceedings.
ARTICLE V
ELECTIONS AND REMOVAL
SECTION 5.10.
Applicability of general law.
ELECTIONS AND REMOVAL
SECTION 5.10.
Applicability of general law.
All
primaries and elections shall be held and conducted in accordance with Chapter 2
of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter
amended.
SECTION 5.11.
Regular elections; time for holding.
Regular elections; time for holding.
(a)
There shall be a municipal general election on the Tuesday following the first
Monday in November, 2011, and every two years thereafter.
(b) The mayor and those members of the city council who are serving as such on December 31, 2009, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office.
(c) For purposes of electing members of the city council, the City of Maysville is divided into four posts to be designated Post No. 1, Post No. 2, Post No. 3, and Post No. 4. Any person seeking election to the city council shall designate the city council post to which he or she seeks election and shall seek election only to the post so designated. The provisions of this section shall not be construed as requiring the division of the territory of the city into council districts or the establishment of council districts. The person receiving a plurality of votes cast in the entire city for that office shall be elected.
(d) The members of the city council shall be elected as provided in this subsection. The mayor and the members from Post No. 2 and Post No. 4 under the staggered election system shall be elected at the general election on the Tuesday next following the first Monday in November, 2011. The mayor and those members of the city council elected thereto from Post No. 2 and Post No. 4 in 2011 shall take office the first day of January immediately following that election and shall serve for terms of office which expire December 31, 2015, and upon the election and qualification of their respective successors. The members from Post No. 1 and Post No. 3 under the staggered election system shall be elected at the general election on the Tuesday next following the first Monday in November, 2011. The members of the city council elected thereto from Post No. 1 and Post No. 3 in 2011 shall take office the first day of January immediately following that election and shall serve one two-year term of office which will expire December 31, 2013, and upon the election and qualification of their respective successors. The members from Post No.1 and Post No. 3 shall then be elected for a full four-year term at the municipal general election in November, 2013, held pursuant to subsection (a) of this section. Those and all future successors to the mayor and members of the city council whose terms of office are to expire shall be elected at the time of the municipal general election provided for in subsection (a) of this section immediately preceding the expiration of such terms, shall take office the first day of January immediately following the election, and shall serve for terms of office of four years each. The mayor and members of the city council shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
(b) The mayor and those members of the city council who are serving as such on December 31, 2009, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office.
(c) For purposes of electing members of the city council, the City of Maysville is divided into four posts to be designated Post No. 1, Post No. 2, Post No. 3, and Post No. 4. Any person seeking election to the city council shall designate the city council post to which he or she seeks election and shall seek election only to the post so designated. The provisions of this section shall not be construed as requiring the division of the territory of the city into council districts or the establishment of council districts. The person receiving a plurality of votes cast in the entire city for that office shall be elected.
(d) The members of the city council shall be elected as provided in this subsection. The mayor and the members from Post No. 2 and Post No. 4 under the staggered election system shall be elected at the general election on the Tuesday next following the first Monday in November, 2011. The mayor and those members of the city council elected thereto from Post No. 2 and Post No. 4 in 2011 shall take office the first day of January immediately following that election and shall serve for terms of office which expire December 31, 2015, and upon the election and qualification of their respective successors. The members from Post No. 1 and Post No. 3 under the staggered election system shall be elected at the general election on the Tuesday next following the first Monday in November, 2011. The members of the city council elected thereto from Post No. 1 and Post No. 3 in 2011 shall take office the first day of January immediately following that election and shall serve one two-year term of office which will expire December 31, 2013, and upon the election and qualification of their respective successors. The members from Post No.1 and Post No. 3 shall then be elected for a full four-year term at the municipal general election in November, 2013, held pursuant to subsection (a) of this section. Those and all future successors to the mayor and members of the city council whose terms of office are to expire shall be elected at the time of the municipal general election provided for in subsection (a) of this section immediately preceding the expiration of such terms, shall take office the first day of January immediately following the election, and shall serve for terms of office of four years each. The mayor and members of the city council shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.
SECTION 5.12.
Nonpartisan elections.
Nonpartisan elections.
Political parties shall not conduct primaries for city
offices and all names of candidates for city offices shall be listed without
party designations.
SECTION 5.13.
Election by plurality.
Election by plurality.
The
person receiving a plurality of the votes cast for any city office shall be
elected.
SECTION 5.14.
Special elections; vacancies.
Special elections; vacancies.
In the
event that the office of mayor or councilmember shall become vacant as provided
in Section 2.12 of this charter, the city council or those remaining shall order
a special election to fill the balance of the unexpired term of such official;
provided, however, if such vacancy occurs within 12 months of the expiration of
the term of that office, the city council or those remaining shall appoint a
successor for the remainder of the term. In all other respects, the special
election shall be held and conducted in accordance with Chapter 2 of Title 21 of
the O.C.G.A., the "Georgia Election Code," as now or hereafter
amended.
SECTION 5.15.
Other provisions.
Other provisions.
Except
as otherwise provided by this charter, the city council shall, by ordinance,
prescribe such rules and regulations as it deems appropriate to fulfill any
options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia
Election Code."
SECTION 5.16.
Removal of officers.
Removal of officers.
(a) The
mayor, councilmembers, or other appointed officers provided for in this charter
shall be removed from office for any one or more of the causes provided in Title
45 of the O.C.G.A. or such other applicable laws as are or may hereafter be
enacted.
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods:
(1) Following a hearing at which an impartial panel
shall render a decision. In the event an elected officer is sought to be removed
by the action of the city council, such officer shall be entitled to a written
notice specifying the ground or grounds for removal and to a public hearing
which shall be held not less than ten days after the service of such written
notice. The city council shall provide by ordinance for the manner in which such
hearings shall be held. Any elected officer sought to be removed from office as
herein provided shall have the right of appeal from the decision of the city
council to the superior court of the county having jurisdiction. Such appeal
shall be governed by the same rules as govern appeals to the superior court from
the probate court; or
(2) By an order of the superior court of the county
having jurisdiction following a hearing on a complaint seeking such removal
brought by any resident of the City of Maysville.
ARTICLE VI
FINANCE
SECTION 6.10.
Property tax.
FINANCE
SECTION 6.10.
Property tax.
The
city council may assess, levy, and collect an ad valorem tax on all real and
personal property within the corporate limits of the city that is subject to
such taxation by the state and county. This tax is for the purpose of raising
revenues to defray the costs of operating the city government, of providing
governmental services, for the repayment of principal and interest on general
obligations, and for any other public purpose as determined by the city council
in its discretion.
SECTION 6.11.
Millage rate; due dates; payment methods.
Millage rate; due dates; payment methods.
The
city council by ordinance shall establish a millage rate for the city property
tax, a due date, and the time period within which these taxes must be paid. The
city council by ordinance may provide for the payment of these taxes by
installments or in one lump sum, as well as authorize the voluntary payment of
taxes prior to the time when due.
SECTION 6.12.
Occupation and business taxes.
Occupation and business taxes.
The
city council by ordinance shall have the power to levy such occupation or
business taxes as are not denied by law. The city council may classify
businesses, occupations, or professions for the purpose of such taxation in any
way which may be lawful and may compel the payment of such taxes as provided in
Section 6.18 of this charter.
SECTION 6.13.
Regulatory fees; permits.
Regulatory fees; permits.
The
city council by ordinance shall have the power to require businesses or
practitioners doing business within this city to obtain a permit for such
activity from the city and pay a reasonable regulatory fee for such permit as
provided by general law. Such fees shall reflect the total cost to the city of
regulating the activity and, if unpaid, shall be collected as provided in
Section 6.18 of this charter.
SECTION 6.14.
Franchises.
Franchises.
(a) The
city council shall have the power to grant franchises for the use of this city´s
streets and alleys for the purposes of railroads, street railways, telephone
companies, electric companies, electric membership corporations, cable
television and other telecommunications companies, gas companies, transportation
companies, and other similar organizations. The city council shall determine the
duration, terms, whether the same shall be exclusive or nonexclusive, and the
consideration for such franchises; provided, however, no franchise shall be
granted for a period in excess of 35 years and no franchise shall be granted
unless the city receives just and adequate compensation therefor. The city
council shall provide for the registration of all franchises with the city clerk
in a registration book kept by the city clerk. The city council may provide by
ordinance for the registration within a reasonable time of all franchises
previously granted.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city´s streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
(b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city´s streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations.
SECTION 6.15.
Service charges.
Service charges.
The
city council by ordinance shall have the power to assess and collect fees,
charges, and tolls for sewers, sanitary and health services, or any other
services provided or made available within and outside the corporate limits of
the city for the total cost to the city of providing or making available such
services. If unpaid, such charges shall be collected as provided in Section 6.18
of this charter.
SECTION 6.16.
Special assessments.
Special assessments.
The
city council by ordinance shall have the power to assess and collect the cost of
constructing, reconstructing, widening, or improving any public way, street,
sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances
from the abutting property owners under such terms and conditions as are
reasonable. If unpaid, such charges shall be collected as provided in Section
6.18 of this charter.
SECTION 6.17.
Construction; other taxes and fees.
Construction; other taxes and fees.
This
city shall be empowered to levy any other tax or fee allowed now or hereafter by
law, and the specific mention of any right, power, or authority in this article
shall not be construed as limiting in any way the general powers of this city to
govern its local affairs.
SECTION 6.18.
Collection of delinquent taxes and fees.
Collection of delinquent taxes and fees.
The
city council by ordinance may provide generally for the collection of delinquent
taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of
this charter by whatever reasonable means as are not precluded by law. This
shall include providing for the dates when the taxes or fees are due; late
penalties or interest; issuance and execution of fi. fas.; creation and
priority of liens; making delinquent taxes and fees personal debts of the
persons required to pay the taxes or fees imposed; revoking city permits for
failure to pay any city taxes or fees; and providing for the assignment or
transfer of tax executions.
SECTION 6.19.
General obligation bonds.
General obligation bonds.
The
city council shall have the power to issue bonds for the purpose of raising
revenue to carry out any project, program, or venture authorized under this
charter or the laws of the state. Such bonding authority shall be exercised in
accordance with the laws governing bond issuance by municipalities in effect at
the time said issue is undertaken.
SECTION 6.20.
Revenue bonds.
Revenue bonds.
Revenue
bonds may be issued by the city council as state law now or hereafter provides.
Such bonds are to be paid out of any revenue produced by the project, program,
or venture for which they were issued.
SECTION 6.21.
Short-term loans.
Short-term loans.
The
city may obtain short-term loans and must repay such loans not later than
December 31 of each year, unless otherwise provided by law.
SECTION 6.22.
Lease-purchase contracts.
Lease-purchase contracts.
The
city may enter into multiyear lease, purchase, or lease-purchase contracts for
the acquisition of goods, materials, real and personal property, services, and
supplies, provided the contract terminates without further obligation on the
part of the municipality at the close of the calendar year in which it was
executed and at the close of each succeeding calendar year for which it may be
renewed. Contracts must be executed in accordance with the requirements of Code
Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may
hereafter be enacted.
SECTION 6.23.
Fiscal year.
Fiscal year.
The
city council shall set the fiscal year by ordinance. This fiscal year shall
constitute the budget year and the year for financial accounting and reporting
of each and every office, department, agency, and activity of the city
government.
SECTION 6.24.
Preparation of budgets.
Preparation of budgets.
The
city council shall provide an ordinance on the procedures and requirements for
the preparation and execution of an annual operating budget, a capital
improvement plan, and a capital budget, including requirements as to the scope,
content, and form of such budgets and plans.
SECTION 6.25.
Submission of operating budget to city council.
Submission of operating budget to city council.
On or
before a date fixed by the city council but not later than 45 days prior to the
beginning of each fiscal year, the mayor shall submit to the city council a
proposed operating budget for the ensuing fiscal year. The budget shall be
accompanied by a message from the mayor containing a statement of the general
fiscal policies of the city, the important features of the budget, explanations
of major changes recommended for the next fiscal year, a general summary of the
budget, and other pertinent comments and information. The operating budget and
the capital budget provided for in Section 6.29 of this charter, the budget
message, and all supporting documents shall be filed in the office of the city
clerk and shall be open to public inspection.
SECTION 6.26.
Action by city council on budget.
Action by city council on budget.
(a) The
city council may amend the operating budget proposed by the mayor, except that
the budget as finally amended and adopted must provide for all expenditures
required by state law or by other provisions of this charter and for all debt
service requirements for the ensuing fiscal year. The total appropriations from
any fund shall not exceed the estimated fund balance, reserves, and
revenues.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than December 31 of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter.
(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.
SECTION 6.27.
Tax levies.
Tax levies.
The
city council shall levy by ordinance such taxes as are necessary. The taxes and
tax rates set by such ordinance shall be such that reasonable estimates of
revenues from such levy shall at least be sufficient, together with other
anticipated revenues, fund balances, and applicable reserves, to equal the total
amount appropriated for each of the several funds set forth in the annual
operating budget for defraying the expenses of the general government of this
city.
SECTION 6.28.
Changes in appropriations.
Changes in appropriations.
The
city council by ordinance may make changes in the appropriations contained in
the current operating budget at any regular meeting or special or emergency
meeting called for such purpose, but any additional appropriations may be made
only from an existing unexpended surplus.
SECTION 6.29.
Capital budget.
Capital budget.
(a) On
or before the date fixed by the city council, but not later than 45 days prior
to the beginning of each fiscal year, the mayor shall submit to the city council
a proposed capital improvements plan with a recommended capital budget
containing the means of financing the improvements proposed for the ensuing
fiscal year. The city council shall have power to accept, with or without
amendments, or reject the proposed plan and proposed budget. The city council
shall not authorize an expenditure for the construction of any building,
structure, work, or improvement unless the appropriations for such project are
included in the capital budget, except to meet a public emergency as provided in
Section 2.23 of this charter.
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.
SECTION 6.30.
Independent audits.
Independent audits.
There
shall be an annual independent audit of all city accounts, funds, and financial
transactions by a certified public accountant selected by the city council. The
audit shall be conducted according to generally accepted auditing principles.
Any audit of any funds by the state or federal governments may be accepted as
satisfying the requirements of this charter. Copies of annual audit reports
shall be available at printing costs to the public.
SECTION 6.31.
Contracting procedures.
Contracting procedures.
No
contract with the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn by or submitted and reviewed by the city
attorney and, as a matter of course, is signed by the city attorney to indicate
such drafting or review; and
(3) It is made or authorized by the city council and
such approval is entered in the city council journal of proceedings pursuant to
Section 2.20 of this charter.
SECTION 6.32.
Centralized purchasing.
Centralized purchasing.
The
city council shall by ordinance prescribe procedures for a system of centralized
purchasing for the city.
SECTION 6.33.
Sale and lease of city property.
Sale and lease of city property.
(a) The
city council may sell and convey or lease any real or personal property owned or
held by the city for governmental or other purposes as now or hereafter provided
by law.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner´s property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner´s property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.
ARTICLE VII
GENERAL PROVISIONS
SECTION 7.10.
Bonds for officials.
GENERAL PROVISIONS
SECTION 7.10.
Bonds for officials.
The
officers and employees of this city, both elected and appointed, shall execute
such surety or fidelity bonds in such amounts and upon such terms and conditions
as the city council shall from time to time require by ordinance or as may be
provided by law.
SECTION 7.11.
Prior ordinances.
Prior ordinances.
All
ordinances, resolutions, rules, and regulations now in force in the city not
inconsistent with this charter are declared valid and of full effect and force
until amended or repealed by the city council.
SECTION 7.12.
Existing personnel and officers.
Existing personnel and officers.
Except
as specifically provided otherwise by this charter, all personnel and officers
of the city and their rights, privileges, and powers shall continue beyond the
time this charter takes effect unless the existing city council shall pass a
transition ordinance detailing the changes in personnel and appointed officers
required or desired and arranging such titles, rights, privileges, and powers as
may be required or desired to allow a reasonable transition.
SECTION 7.13.
Pending matters.
Pending matters.
Except
as specifically provided otherwise by this charter, all rights, claims, actions,
orders, contracts, and legal or administrative proceedings shall continue and
any such ongoing work or cases shall be completed by such city agencies,
personnel, or offices as may be provided by the city council.
SECTION 7.14.
Construction.
Construction.
(a)
Section captions in this charter are informative only and are not to be
considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.
SECTION 7.15.
Specific repealer.
Specific repealer.
The
following Acts and amendatory Acts are repealed in their entirety:
(1) An Act entitled "An Act to revise, consolidate, and
amend the several Acts incorporating the Town of Maysville," approved August 17,
1909 (Ga. L. 1909, p. 1110), and all amendatory Acts thereto;
(2) An Act revising, consolidating, and amending the
several Acts incorporating the Town of Maysville so as to reincorporate the City
of Maysville, approved May 18, 2007 (Ga. L. 2007, p. 3995); and
(3) An Act amending an Act revising, consolidating, and
amending the several Acts incorporating the Town of Maysville so as to
reincorporate the City of Maysville, approved May 6, 2009 (Ga. L. 2009, p.
3683).
SECTION 7.16.
Preclearance.
Preclearance.
The
governing authority of the City of Maysville shall through its legal counsel
cause this Act to be submitted for preclearance under the federal Voting Rights
Act of 1965, as amended; and such submission shall be made to the United States
Department of Justice or filed with the appropriate court no later than 45 days
after the date on which this Act is approved by the Governor or otherwise
becomes law without such approval.
SECTION 7.17.
General repealer.
General repealer.
All
laws and parts of laws in conflict with this Act are repealed.