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LC 28 7316

By : Senator Kelena Mott

A BILL TO BE ENTITLED
AN ACT

1 To CREATE Izicupaine County; to provide for a charter for


2 Izicupaine County; to provide for incorporation, boundaries, and powers of the county;
to
3 provide for general powers and limitations on powers; to provide for a governing authority
4 of such county and the powers, duties, authority, election, terms, method of filling
vacancies,
5 compensation, expenses, qualifications, prohibitions, and districts relative to members of
6 such governing authority; to provide for inquiries and investigations; to provide for
7 organization and procedures; to provide for ordinances; to provide for the office of mayor
8 and certain duties and powers relative to the office of mayor; to provide for administrative
9 responsibilities; to provide for boards, commissions, and authorities; to provide for a chief
10 administrative officer, a county attorney, a county clerk, a treasurer, a chief county auditor,
and other
11 personnel; to provide for a county court and the judge or judges thereof; to provide for
12 practices and procedures; to provide for ethics and disclosures; to provide for taxation,
13 licenses, and fees; to provide for franchises, service charges, and assessments; to provide
for
14 bonded and other indebtedness; to provide for accounting and budgeting; to provide for
15 purchases; to provide for homestead exemptions; to provide for bonds for officials; to
16 provide for other matters relative to the foregoing; to provide for referenda; to provide for
17 an automatic repeal; to provide effective dates and transitional provisions governing the
18 transfer of various functions and responsibilities from Izicupaine County
19 to provide for severability; to repeal conflicting laws; and for other purposes.

20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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21 ARTICLE I
22 CREATION, INCORPORATION, POWERS
23 SECTION 1.01.
24 Incorporation.

25 This Act shall constitute the charter of the County of Izicupaine. The County of Izicupaine
26 in the County of Izicupaine and the inhabitants thereof, are constituted and declared a
body
27 politic and corporate under the name and style of the "County of Izicupaine" and by that
name
28 shall have perpetual succession, may sue and be sued, plead and be impleaded, in all
courts
29 of law and equity, and in all actions whatsoever, and may have and use a common seal.

30 SECTION 1.02.
31 Corporate boundaries.

32 The boundaries of the County of Izicupaine shall include all unincorporated areas of
Izicupaine
33 County, including the Izicupaine County Industrial District, as such exist on the effective
date
34 of this Act. The boundaries of the county are more particularly described in Appendix
A,
35 attached to and made a part of this charter. The county clerk shall maintain a current map
and
36 written legal description of the corporate boundaries of the county, and such map
and
37 description shall incorporate any changes which may hereafter be made in such corporate
38 boundaries.

39 SECTION 1.03.
40 Powers and construction.

41 (a) The county shall have all powers possible for a county to have under the present or
future
42 Constitution and laws of this state as fully and completely as though they were specifically
43 enumerated in this Act. The county shall have all the powers of self-government not
otherwise
44 prohibited by this Act or by general law.
45 (b) The powers of the county shall be construed liberally in favor of the city. The
specific
46 mention or failure to mention particular powers shall not be construed as limiting in any
way
47 the powers of the county. These powers shall include, but not be limited to, the following:
48 (1) Animal regulations. To regulate and license or to prohibit the keeping or running at
49 large of animals and fowl, and to provide for their impoundment if in violation of any
50 ordinance or lawful order; to provide for the disposition by sale, gift, or humane
51 destruction of animals and fowl when not redeemed as provided by ordinance; and to
52 provide punishment for violation of ordinances enacted hereunder;
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53 (2) Appropriations and expenditures. To make appropriations for the support of the
54 government of the county; to authorize the expenditure of money for any
purposes
55 authorized by this Act and for any purpose for which a municipality is authorized by
the
56 laws of the State of Georgia; and to provide for the payment of expenses of the county;
57 (3) Building regulation. To regulate and to license the erection and construction of
58 buildings and all other structures; to adopt building, housing, plumbing, electrical, gas,
59 and heating and air conditioning codes; and to regulate all housing and building trades
60 to the extent permitted by general law;
61 (4) Business regulation and taxation. To levy and to provide for the collection of
62 regulatory fees and taxes on privileges, occupations, trades, and professions as
authorized
63 by Title 48 of the O.C.G.A., or such other applicable laws as are or may hereafter be
64 enacted; to permit and regulate such fees and taxes; to provide for the manner and
method
65 of payment of such regulatory fees and taxes; and to revoke such permits after due
66 process for failure to pay any county taxes or fees;
67 (5) Condemnation. To condemn property, inside or outside the corporate limits of the
68 county, for present or future use and for any corporate purpose deemed necessary by the
city
69 council, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other
70 applicable laws as are or may hereafter be enacted;
71 (6) Contracts. To enter into contracts and agreements with other governmental entities
72 and with private persons, firms, and corporations;
73 (7) Emergencies. To establish procedures for determining and proclaiming that an
74 emergency situation exists within or outside the county, and to make and carry out
all
75 reasonable provisions deemed necessary to deal with or meet such an emergency for
the
76 protection, safety, health, or well-being of the citizens of the county;
77 (8) Environmental protection. To protect and preserve the natural resources,
78 environment, and vital areas of the county, this region, and this state through
the
79 preservation and improvement of air quality, the restoration and maintenance of water
80 resources, the control of erosion and sedimentation, the management of storm water
and
81 establishment of a storm-water utility, the management of solid and hazardous waste,
and
82 other necessary actions for the protection of the environment;
83 (9) Ethics. To adopt ethics ordinances and regulations governing the conduct of
84 County elected officials, appointed officials, and employees, establishing procedures
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85 for ethics complaints, and setting forth penalties for violations of such rules and
86 procedures;
87 (10) Fire regulations. To fix and establish fire limits and from time to time to extend,
88 enlarge, or restrict such limits; to prescribe fire safety regulations not inconsistent with
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89 general law, relating to both fire prevention and detection and to fire fighting; and to
90 prescribe penalties and punishment for violations thereof;
91 o(11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash
92 collection and disposal and other sanitary service charge, tax, or fee for such services
93 as may be necessary in the operation of the county from all individuals, firms, and
94 corporations residing in or doing business therein benefiting from such services; to
95 enforce the payment of such charges, taxes, or fees; and to provide for the manner and
96 method of collecting such service charges;
97 (12) General health, safety, and welfare. To define, regulate, and prohibit any act,
98 practice, conduct, or use of property which is detrimental to the health, sanitation,
99 cleanliness, welfare, and safety of the inhabitants of the county, and to provide for the
100 enforcement of such standards;
101 (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source
102 for any purpose related to powers and duties of the county and the general welfare of
103 its citizens, on such terms and conditions as the donor or grantor may impose;
104 (14) Health and sanitation. To prescribe standards of health and sanitation and to
105 provide for the enforcement of such standards;
106 (15) Jail sentences. To provide that persons given jail sentences in the county's court
107 may work out such sentences in any public works or on the streets, roads, drains, and
108 other public property of the county; to provide for commitment of such persons to
109 any jail; to provide for the use of pretrial diversion and any alternative sentencing
110 allowed by law; or to provide for commitment of such persons to any county work
111 camp or county jail by agreement with the appropriate county officials;
112 (16) Motor vehicles. To regulate the operation of motor vehicles and exercise control
113 over all traffic, including parking upon or across the streets, roads, alleys, and
114 walkways of the county;
115 (17) County agencies and delegation of power. To create, alter, or abolish
116 departments, boards, offices, commissions, and agencies of the county, and to confer
117 upon such agencies the necessary and appropriate authority for carrying out all the
118 powers conferred upon or delegated to them;
119 (18)County debts. To appropriate and borrow money for the payment of debts of the
120 county and to issue bonds for the purpose of raising revenue to carry out any project,
121 program, or venture authorized by this Act or the laws of the State of Georgia;
122 (19) C o u n t y property ownership. To acquire, dispose of, lease, and hold in trust
123 or otherwise any real, personal, or mixed property, in fee simple or lesser interest,
124 inside outside he property limits of the county;
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(2 e preservation and protection of property and equipment of the


0) county and their administration and use by the public; and to
C prescribe penalties and punishment for violations thereof;
o County utilities. To acquire, lease, construct, operate, maintain, sell,
u and dispose of public utilities, including but not limited to a system
nt of waterworks, sewers and drains, sewage disposal, storm-water
y management, gas works, electric light plants, cable television and
pr other telecommunications, transportation facilities, public airports,
o and any other public utility; to fix taxes, charges, rates, fares, fees,
p assessments, regulations, and penalties; and to provide for the
er withdrawal of service for refusal or failure to pay them; (22)
ty Nuisance. To define a nuisance and provide for its abatement
pr whether on public or private property;
ot (23) Penalties. To provide penalties for violation of any ordinances
e adopted pursuant to the authority of this Act and the laws of the
ct State of Georgia;
io (24) Planning and zoning. To provide comprehensive county
n. planning for development by zoning; and to provide subdivision
T regulation and the like as the city council deems necessary and
o reasonable to ensure a safe, healthy, and esthetically pleasing
pr community. In order to facilitate community input in the planning
o process, the county shall be authorized to create local advisory
vi councils;
d (25) Police and fire protection. To exercise the power of arrest
e through duly appointed police officers; and to establish, operate, or
fo contract for a police and a fire-fighting agency;
r (26) Public hazards: removal. To provide for the destruction and
th removal of any building or other structure which is or may become
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d (27) Public improvements. To provide for the acquisition,


a construction, building, operation, and maintenance of public ways,
n parks and playgrounds, recreational facilities, cemeteries, public
g buildings, libraries, public housing, parking facilities, or charitable,
er cultural, educational, recreational, conservation, sport, detentional,
o penal, and medical institutions, agencies, and facilities; and to
u provide any other public improvements inside or outside the
s corporate limits of the county and to regulate the use of public
or improvements; and for such purposes, property may be acquired by
d condemnation under Title 22 of the O.C.G.A., or such other
et applicable laws as are or may hereafter be enacted;
ri (28) Public peace. To provide for the prevention and punishment of
m loitering, disorderly conduct, drunkenness, riots, and public
e disturbances;
nt (29) Public transportation. To organize and operate such public
al transportation systems as are deemed beneficial;
to
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(3 ses or make contracts for, or impose taxes on, public utilities and
0) public service companies; and to prescribe the rates, fares,
P regulations, and standards and conditions of service applicable to
u the service to be provided by the franchise grantee or contractor,
bl insofar as not in conflict with valid regulations of the Public Service
ic Commission;
ut (31) Regulation of roadside areas. To prohibit or regulate and
ili control the erection, removal, and maintenance of signs, billboards,
ti trees, shrubs, fences, buildings, and any and all other structures or
es obstructions upon or adjacent to the rights of way of streets and
a roads or within view thereof within or abutting the corporate limits
n of the county; and to prescribe penalties and punishment for
d violation of such ordinances;
se (32) Retirement. To provide and maintain a retirement plan for
rv officers and employees of the county;
ic (33) Roadways. To lay out, open, extend, widen, narrow, establish
es or change the grade of, abandon or close, construct, pave, curb,
. gutter, adorn with shade trees, or otherwise improve, maintain,
T repair, clean, prevent erosion of, and light the roads, alleys, and
o walkways within the corporate limits of the county; to grant
gr franchises and rights of way throughout the streets and roads and
a over the bridges and viaducts for the use of public utilities; and to
nt require real estate owners to repair and maintain in a safe condition
fr the sidewalks adjoining their lots or lands and to impose penalties
a for failure to do so;
n (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to
c assure the acquiring, constructing, equipping, operating, maintaining,
hi and extending of a sewage disposal plant and sewerage system, and
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to d sewerage systems are made available a sewer service fee, charge,


le or sewer tax for the availability or use of the sewers; to provide for
v the manner and method of collecting and for enforcing payment of
y such service charges; and to charge, impose, and collect a sewer
o connection fee or fees to those connected with the system;
n (35) Solid waste disposal. To provide for the collection and disposal
th of garbage, rubbish, and refuse and to regulate the collection and
o disposal of garbage, rubbish, and refuse by others; and to provide
se for the separate collection of glass, tin, aluminum, cardboard, paper,
to and other recyclable materials and to provide for the sale of such
w items;
h (36) Special assessments. To levy and provide for the collection of
o special assessments to cover the costs for any public improvements;
m (37) Taxes: ad valorem. To levy and provide for the assessment,
se valuation, revaluation, and collection of taxes on all property subject
w to taxation; provided, however, that, for all years, the millage rate
er imposed for ad valorem taxes on real property shall not exceed
s 13.469 unless a higher limit is recommended by resolution of the city
a council and approved by the qualified voters of the County of
n Izicupaine; provided, further, that, for
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th n 48-8-91 of the O.C.G.A., the millage rate may be adjusted upward


e for the sole purpose of complying with the millage rate rollback
p provisions set forth therein. For the purposes of this paragraph, the
ur term "qualified voters" means those voters of the county who are
p qualified to vote in city elections and cast a vote for or against such
o measure in such referendum. The question to be presented to the
se voters in the referendum on increasing the millage rate shall be "Do
s you approve increasing taxes on residential and nonresidential
of property for County of Izicupaine property owners by raising from
c [current millage rate] to [proposed millage rate] the operating
o budget millage rate, which was capped in the original charter for the
m county?" If such millage rate increase is approved by the qualified
pl voters of the County of Izicupaine voting in the referendum, the new
ia rate shall become the maximum limit until changed again by
n resolution of the city council and approval by a majority of the
c qualified voters of the County of Izicupaine voting in a referendum;
e (38) Taxes: other. To levy and collect such other taxes as may be
w allowed now or in the future by law;
it (39) Taxicabs. To regulate and license vehicles operated for hire in
h the county; to limit the number of such vehicles; to require the
C operators thereof to be licensed; to require public liability insurance
o on such vehicles in the amounts to be prescribed by ordinance; and
d to regulate the parking of such vehicles;
e (40) Urban redevelopment. To organize and operate an urban
redevelopment program;
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(4 ercise and enjoy all other powers, functions, rights, privileges, and
1) immunities necessary or desirable to promote or protect the safety,
O health, peace, security, good order, comfort, convenience, or general
th welfare of the county and its inhabitants; to exercise all implied
er powers necessary or desirable to carry into execution all powers
p granted in this Act as fully and completely as if such powers were
o fully stated herein; and to exercise all powers now or in the future
w authorized to be exercised by other municipal governments under
er other laws of the State of Georgia; and any listing of particular
s. powers in this Act shall not be held to be exclusive of others or
T restrictive of general words and phrases granting powers, but shall
o be held to be in addition to such powers unless expressly prohibited
e to municipalities under the Constitution or applicable laws of the
x State of Georgia.
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Exer
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23 All powers, functions, rights, privileges, and immunities of the city and
2
its officers, agencies, or employees shall be carried into execution as
23
provided by this Act. If this Act makes no provision, such shall be
3
carried into execution as provided by ordinance or as provided by
23
4 pertinent laws of
the State of
23 Georgia.
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ARTICLE II RNMENT STRUCTURE,


G ELECTIONS, AND
O LEGISLATIVE BRANCH
V SECTION 2.01.
E City council creation;
number; election.

24 (a) The legislative authority of the government of the County of


1
Izicupaine, except as otherwise specifically provided in this Act, shall
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be vested in a city council to be composed of a president of city council
2
and seven district councilmembers.
24
3 (b) The mayor and president of city council shall be elected by a
24 majority vote of the qualified electors of the county at large voting at
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the elections of the county.
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(c) Each councilmember shall be elected by a majority vote of the
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qualified electors of his or her respective council district voting at the
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6 elections of the county. For the purpose of electing the seven
24 councilmembers, there shall be seven council districts, designated
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Council Districts 1 through 7, as described in Appendix B of this Act
24
and the accompanying Redistricting Plan Components Report, which
8
are attached to and made a part of this charter. Each person desiring to
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9 offer as a candidate for council member shall designate the council
25 district for which he
0 or she is offering.
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Mayor, president of city council, and city
council members; election, terms, and
qualifications for office.

25 (a) Except as otherwise provided in subsection (c) of this section, the


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mayor, president of city council, and seven members of the city council
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shall serve for terms of four years and until their respective successors
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are elected and qualified. No person shall be eligible to serve as
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8 mayor, president of city council, or council member unless that person
25 shall have been a resident of the area comprising the corporate limits of
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the County of Izicupaine for a continuous period of at least 12 months
26
immediately prior to the date of the election for
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m all continue to reside therein during that person's period of service; and
ay shall continue to be registered and qualified to vote in municipal
or elections of the County of Izicupaine. In addition to the above
, requirements, no person shall be eligible to serve as a council member
pr representing a council district unless that person has been a resident of
es the district such person seeks to represent for a continuous period of at
id least 12 months immediately prior to the date of the election for council
en member and continues to reside in such district during that person's
t period of service.
of (b) The first general municipal elections shall be held on the Tuesday
cit next following the first Monday in November, 2015. Thereafter,
y general municipal elections shall be held on the Tuesday next following
co the first Monday in November in each odd-numbered year following the
un year in which such first municipal election is held.
cil (c) The first mayor, president of city council, and the initial council
, members shall take office on the first day of January, 2016, following
or the first municipal election provided for in subsection (b) of this
co section. The mayor, president of city council, and council members
un serving Council Districts 2, 4, and 6 shall serve initial terms of four
cil years. The council members serving Council Districts 1, 3, 5, and 7
m shall serve initial terms of two years. Their successors shall be elected
e at the municipal election immediately preceding the expiration of their
m terms and shall take office on January 1 for terms of four years. No
be person shall serve as mayor for more than two consecutive terms, but a
r; former mayor may
sh again serve as mayor after the expiration of four years
after leaving office.

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appointment; duties.

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(a city council shall be elected by a majority of qualified electors of the


) city.
T (b) The president of the city council shall:
he (1) Preside at all meetings
of the city council;
pr
(2) Vote on any motion, resolution, ordinance, or other question
es
before the council only as provided in Section 2.11 of this Act and
id
vote on any matter before a committee on which he or she serves;
en
(3) Appoint councilmembers to oversee and report on the
t
functions of the various departments of the county;
of
th (4) Prepare or have prepared an agenda for each meeting of the city

e council which shall include all business submitted by the mayor, any
council member, and the county attorney; and
(5) Appoint the city clerk, subject to
council approval.
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297 SECTION 2.04.


298 Vacancy; filling of vacancies; suspensions.

299 The office of mayor, president of city council, or council member shall become vacant
300 upon the incumbent's death, resignation, forfeiture of office, or removal from office in any
301 manner authorized by this Act or the general laws of the State of Georgia. A vacancy in
302 the office of mayor, president of city council, or council member shall be filled for the
303 remainder of the unexpired term by a special election if such vacancy occurs 12 months or
304 more prior to the expiration of the term of that office. If such vacancy occurs within
305 12 months of the expiration of the term of that office, the city council or those members
306 remaining shall appoint a successor for the remainder of the term. If a vacancy occurs
307 within 12 months of the expiration of the term for mayor, the president of city council
308 shall fill the vacancy for the remainder of the term. If a vacancy occurs within 12 months
309 of the expiration of the term for president of city council, those remaining on the city
310 council shall appoint a successor for the remainder of the term. This provision shall also
311 apply to a temporary vacancy created
by the suspension from office of the mayor, president of city council, or any council
member.

312 SECTION 2.05.


313 Nonpartisan elections.

314 Political parties shall not conduct primaries for city offices and all names of candidates for
315 county offices shall be listed without party designation.

316 SECTION 2.06.


317 Election by majority vote.

318 The candidates for mayor, president of city council, and council member who receive a
319 majority of the votes cast in the applicable election shall be elected to a term of office. In
320 the event no candidate receives a majority of the votes cast in such election, a run-off
321 election shall be held between the candidates receiving the two highest number of votes.
322 Such runoff shall be held at the time specified by state election law, unless such run-off
323 date is postponed by court order.
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324 SECTION 2.07.


325 Applicability of general laws; qualifying; other provisions.

326 All primaries and elections shall be held and conducted in accordance with Chapter 2 of
327 Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.
328 Except as otherwise provided by this Act, the city council shall, by ordinance or resolution,
329 prescribe such rules and regulations as it deems appropriate, including, but not limited to,
330 the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of
331 Title 21
of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.

332 SECTION 2.08.


333 Compensation and expenses.

334 The annual salary of the mayor shall be $70,000.00. The annual salary for each
335 councilmember shall be $17,500.00. The annual salary for the president of the city
336 council shall be $28,500.00. Such salaries shall be paid from municipal funds in equal
337 monthly installments. The city council may provide by ordinance for the provision of
338 insurance, retirement, workers' compensation, and other employee benefits to the mayor,
339 president of city council, and members of the city council and may provide by ordinance
340 for the reimbursement of expenses actually and necessarily incurred by the mayor,
341 president of city council, and members of the city council in carrying out their official
342 duties. The city council may alter the salaries of the mayor, president of the city council,
343 and members of the
city council from time to time in accordance with Code Section 36-35-4 of the O.C.G.A.

344 SECTION 2.09.


345 Inquiries and investigations.

346 The city council may make inquiries and investigations into the affairs of the city and
347 conduct of any department, office, or agency thereof and for this purpose may subpoena
348 witnesses, administer oaths, take testimony, and require the production of evidence. Any
349 person who fails or refuses to obey a lawful order issued in the exercise of these powers
350 by the city council shall be punished as may be provided by ordinance.
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351 SECTION 2.10.


352 Meetings and oath of office.

353 (a) The city council shall meet on the first working day in January immediately following
354 each regular municipal election. The meeting shall be called to order by the president-
355 elect, and the oath of office shall be administered to the newly elected mayor, treasurer,
356 chief city auditor, and council members by a judicial officer authorized to administer
357 oaths. The oath shall, to the extent that it comports with federal and state law, be as
358 follows:
359 "I do solemnly swear or affirm that I will faithfully execute the office of [council
360 member, mayor, or president of city council, as the case may be] of the City of South
361 Fulton, and will to the best of my ability support and defend the Constitution of the
362 United States, the Constitution of Georgia, and the Act, ordinances, and regulations of
363 the Countty of South Fulton. I am not the holder of any unaccounted for public
364 money due this state or any political subdivision or authority thereof. I am not the
365 holder of any office of trust under the government of the United States, any other
366 state, or any foreign state which I by the laws of the State of Georgia am prohibited
367 from holding. I am otherwise qualified to hold this office according to the
368 Constitution and laws of Georgia. I have been a resident of my district and the City of
369 South Fulton for the time required by the Constitution and laws of this state and by the
370 municipal charter. I will perform the duties of my office in the best interest of the City
371 of South Fulton to the best of my ability without fear, favor, affection, reward, or
372 expectation thereof."
373 (b) The city council shall, at least once a month, hold regular meetings at such times and
374 places as prescribed by ordinance. The city council may recess any regular meeting and
375 continue such meeting on any weekday or hour it may fix and may transact any business
376 at such continued meeting as may be transacted at any regular meeting.
377 (c) Special meetings of the council may be held on the call of the mayor, president of city
378 council, or four members of the council. Notice of such special meetings shall be
379 delivered to all members of the city council, president of city council, and mayor
380 personally, by registered mail, or by electronic means, at least 24 hours in advance of the
381 meeting. Such notice to councilmembers shall not be required if the mayor, president of
382 city council, and all councilmembers are present when the special meeting is called.
383 Such notice of any special meeting may be waived by the mayor, president of city
384 council, or a councilmember in writing before or after such a meeting, and attendance at
385 the meeting shall also constitute a waiver of notice. The notice of such special meeting
shall state what business is to be transacted at the special meeting. Only the business
stated in the call may be transacted at the special meeting.
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386 SECTION 2.11.


387 Quorum; voting.

388 Five councilmembers shall constitute a quorum and shall be authorized to transact
389 business for the city council. Voting on the adoption of ordinances shall be taken by voice
390 vote and the yeas and nays shall be recorded in the minutes, but, on the request of any
391 councilmember, there shall be a roll-call vote. In order for any ordinance, resolution,
392 motion, or other action of the city council to be adopted, the measure shall receive at least
393 four affirmative votes and shall receive the affirmative votes of a majority of those
394 voting. No member of the city council shall abstain from voting on any matter properly
395 brought before the council for official action except when such councilmember has a
396 conflict of interest which is disclosed in writing prior to or at the meeting and made a part
397 of the minutes. Any member of the city council present and eligible to vote on a matter
398 and refusing to do so for any reason other than a properly disclosed and recorded conflict
399 of interest shall be deemed to have acquiesced or concurred with the members of the
400 majority who did vote on the question involved. The president of city council shall vote
401 only in the case of a tie or in the case
where his or her vote will provide the affirmative vote required for approval of a matter.

402 SECTION 2.12.


403 General power and authority of the city council.

404 (a) Except as otherwise provided by law or by this Act, the city council shall be vested
405 with all the powers of government of the City of South Fulton as provided by Article I of
406 this Act. (b) In addition to all other powers conferred upon it by law, the city council shall
407 have the authority to adopt and provide for the execution of such ordinances, resolutions,
408 rules, and regulations, not inconsistent with this Act and the Constitution and the laws of
409 the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace,
410 good order, protection of life and property, health, welfare, sanitation, comfort,
411 convenience, prosperity, or well-being of the inhabitants of the City of South Fulton and
412 may enforce such ordinances by imposing penalties for violation thereof.
413 (c) The city council may, by ordinance or resolution, adopt rules and bylaws to govern
414 the conduct of its business, including procedures and penalties for compelling the
415 attendance of absent members. Such rules may include punishment for contemptuous
416 behavior conducted in the presence of the city council.
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417 SECTION 2.13.


418 Administrative and service departments.

419 (a) The city council, by ordinance, may establish, abolish, merge, or consolidate offices,
420 positions of employment, departments, and agencies of the city as it shall deem necessary
421 for the proper administration of the affairs and government of the city. The city council
422 shall prescribe the functions and duties of existing departments, offices, and agencies or
423 of any departments, offices, and agencies hereinafter created or established; may provide
424 that the same person shall fill any number of offices and positions of employment; and
425 may transfer or change the functions and duties of offices, positions of employment,
426 departments, and agencies of the city.
427 (b) The operations and responsibilities of each department now or hereafter established in
428 the city shall be distributed among such divisions or bureaus as may be provided by
429 ordinance of the city council. Each department shall consist of such officers, employees,
430 and positions as may be provided by this Act or by ordinance and shall be subject to the
431 general
supervision and guidance of the mayor and council.

432 SECTION 2.14.


433 Boards, commissions, and authorities.

434 (a) All members of boards, commissions, and authorities of the city shall be nominated
435 by the mayor and shall be confirmed by the city council for such terms of office and such
436 manner of appointment as provided by ordinance, except where other appointing
437 authority, term of office, or manner of appointment is prescribed by this Act or by
438 applicable state law. (b) No member of any board, commission, or authority of the city
439 shall hold any elective office in the city. The president of city council, councilmembers,
440 and mayor, however, may serve as voting ex officio members of such boards,
441 commissions, or authorities.
442 (c) Any vacancy in office of any member of a board, commission, or authority of the city
443 shall be filled for the unexpired term in the manner prescribed for original appointment,
444 except as otherwise provided by this Act or any applicable state law.
445 (d) No member of any board, commission, or authority shall assume office until he or she
446 shall have executed and filed with the designated officer of the city an oath obligating
447 himself or herself to faithfully and impartially perform the duties of his or her office, such
448 oath to be prescribed by ordinance of the council and administered by the mayor.
449 (e) Any member of a board, commission, or authority may be removed from office for
cause by a vote of a majority of the members of the council.
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450 (f) Members of boards, commissions, and authorities may receive such compensation
and
expenses in the performance of their official duties as prescribed by ordinance.
451
(g) Except as otherwise provided by this Act or by applicable state law, each board,
452
commission, or authority of the city government shall elect one of its members as
453
chairperson and one member as vice chairperson for terms of one year and may elect as
454
its secretary one of its own members or may appoint as secretary an employee of the city.
455
Each board, commission, or authority of the city government may establish such bylaws,
456
rules, and regulations not inconsistent with this Act, ordinances of the city, or applicable
457
state law as it deems appropriate and necessary for the conduct of its affairs, copies of
458
which shall be filed with the designated officer of the city.
459

460 SECTION 2.15.


461 Ordinance form; procedures.

462 Every proposed ordinance and resolution shall be introduced in writing, and the city
463 council shall have the authority to approve, disapprove, or amend them. A resolution may
464 be passed at the time it is offered, but an ordinance shall not be adopted until the title of
465 such ordinance shall have been read at two city council meetings, provided that the
466 beginnings of such meetings shall be not less than 24 hours nor more than 60 days apart.
467 This requirement of two readings shall not apply to emergency ordinances or to
468 ordinances adopted at the first
business meeting of the city council in a calendar year.

469 SECTION 2.16.


470 Submission of ordinances to the mayor.

471 (a) Every ordinance, resolution, and other action adopted by the council shall be
472 presented promptly to the mayor. Except for council approval of appointments to
473 committees, boards, and commissions, the employment of any appointed officer, internal
474 affairs, or matters which must be approved by the voters, the mayor may veto any action
475 adopted by the city council. (b) The veto must be exercised no later than the next regular
476 city council meeting following the meeting at which the action was taken. If an action is
477 disapproved, the president of the city council shall submit to the council a written
478 statement of the reasons for the mayor's veto.
479 (c) An action vetoed by the mayor shall automatically be placed on the agenda at the next
480 regular meeting of the city council for reconsideration. If the minimum number of
481 councilmembers necessary to vote on overriding the veto is not present, the action may be
482 continued until the next meeting at which the minimum number of councilmembers is
LC 28 7316

48 present. Such action shall not become effective unless it is readopted


3
by the affirmative votes of at least five members of the city council
48
within 60 days of the veto.
4
48 (d) The mayor may disapprove or reduce any item or items of
5 appropriation in any ordinance or resolution. The approved part or
48 parts of any ordinance or resolution making appropriations shall
6
become law, and the part or parts disapproved or reduced shall not
48
become law unless subsequently passed by the city council over the
7
mayor's veto as provided in this Act.
48
8 (e) If an ordinance or resolution has been signed by the mayor, it shall
48 become effective. If an ordinance or resolution is neither approved nor
9
disapproved by the next regular meeting
49
of the city council, it shall
0 become effective.
49
1
49
2

4 ARTICL
9
3 E III
EXECU
4
9 TIVE
4
BRANC
4
H
9
5 SECTIO
4 N 3.01.
9
6 Executive powers and
duties of the mayor.
LC 28 7316

49
514
7
515
49
8 516
49 517
9
50
0
50
1
50
2
50
3
50
4
50
5
50
6
50
7
50
8
50
9
51
0
51
1
51
2
51
3
LC 28 7316

(a y government and shall be responsible for the efficient and orderly


) administration of the city's affairs. The mayor shall be responsible for
T the enforcement of laws, rules, regulations, ordinances, and franchises
he in the city. The mayor may conduct inquiries and investigations into
m the conduct of the city's affairs and shall have such powers and duties
ay as specified in this Act or as may be provided by ordinance consistent
or with this Act.
sh (b)
Th
all
e
be ma
yo
th
r
e sh
ch all
:
ie
(1) Be the head of the city for the purpose of service of process and
f
for ceremonial purposes and be the official spokesperson for the city
ex
and the advocate of policy;
ec
(2) Sign as a matter of course on behalf of the city all written and
ut
approved contracts, ordinances, resolutions, and other instruments
iv
executed by the city which by law are required to be in writing;
e
(3) See that all laws and ordinances of the city are
of faithfully executed;
fi (4) Obtain long-term and short-term loans in the name of the city
ce when authorized by the city council to do so;
r (5) Name qualified residents of the city to boards and commissions
of with approval of the city council;
th (6) Appoint and employ all necessary employees of the city,
e provided that excepted from this power of appointment are those
cit officers and employees who by this Act are appointed or elected by
LC 28 7316

t city council; and provided, further, that the mayor shall appoint and
h employ all department heads subject to the approval of the city
e council;
LC 28 7316

5 530
1
531
8
532
5
1 533
9
534
5
535
2
0 536
5 537
2
538
1
539
5
2 540
2
541
5
542
2
3 543
5 544
2
545
4
546
5
2 547
5
548
5
2
6
5
2
7
5
2
8
5
2
9
LC 28 7316

(7 officer without the consent of the city council; provided, however,


) that department heads may be removed only with the consent of the
R city council;
e (8) Exercise supervision and control of all departments and all
m divisions created in this Act or that may hereafter be created by the
o city council except as otherwise provided in this Act;
v (9) Recommend to the city council the adoption of such measures
e as the mayor may deem necessary or expedient;
e (10) See that all terms and conditions imposed in favor of the city or
m its inhabitants in any public utility franchise are faithfully kept and
pl performed and upon knowledge of any violation thereof to call such
o violations to the attention of the city attorney, whose duty it shall be
y forthwith to take such steps as are necessary to protect and enforce
ee the same; (11) Make and execute all lawful contracts on behalf of
s the city as to matters within such officer's jurisdiction to the extent
e that such contracts are funded in the city's budget, except such as
m may be otherwise provided by law; provided, however, that no
pl contract purchase or obligation requiring a budget amendment shall
o be valid and binding until after approval of the city council;
y (12) Prepare and submit to the city council, prior to the beginning of
e each fiscal year, a budget of proposed expenditures for the ensuing
d year, showing in as much detail as practicable the amounts allotted
b to each department of the city government and the reasons for such
y estimated expenditures;
s (13) Keep the city council at all times fully advised as to the
u financial condition and needs of the city;
c (14) Make a full written report to the city council on the first of
h each month, unless otherwise directed by the city council, showing
LC 28 7316

th s and expenditures of each department of the city government for


e the preceding month, and a synopsis of such reports shall be
o published by the clerk of the city;
p (15) Fix all salaries and compensation of city employees in
er accordance with the city budget and the city pay and classification
at plan; and
io (16) Fulfill and perform such other duties as are imposed by this
n Act and by duly adopted ordinances.
LC 28 7316
SECTION 3.02.
549
Chief administrative officer; appointment, qualification,
550
and compensation.
551

552 The mayor shall appoint, subject to confirmation by the city council, for an indefinite
553 term an officer whose title shall be chief administrative officer, and the chief
554 administrative officer shall serve at the pleasure of the major and the city council. The
555 chief administrative officer, if appointed, shall be appointed without regard to political
556 beliefs and solely on the basis of his or her executive and administrative qualifications
557 with special reference to his or her educational background and actual experience in, and
558 knowledge of, the duties of office as
hereinafter prescribed.

559 SECTION 3.03.


560 Chief administrative officer.

561 The chief administrative officer shall devote all of his or her working time and attention to
562 the affairs of the city and shall be responsible to the mayor and city council for the proper
563 and efficient administration of the affairs of the city over which such officer has
564 jurisdiction; provided, however, that the city council may by resolution permit the office
565 of chief administrative officer to be a part-time position. The chief administrative
566 officer may recommend to the mayor or city council individuals for appointment or
567 removal as
department heads.

568 SECTION 3.04.


569 Chief administrative officer; removal.

570 (a) The mayor and city council may remove the chief administrative officer from office in
571 accordance with the following procedures:
572 (1) The city council shall adopt by affirmative vote of a majority of all its members a
573 preliminary resolution removing the chief administrative officer and may suspend the
574 chief administrative officer from duty for a period not to exceed 45 days. A copy of
575 the resolution shall be delivered promptly to the chief administrative officer;
576 (2) Within five days after a copy of the resolution is delivered to the chief
577 administrative officer, he or she may file with the city council a written request for a
578 public hearing. This hearing shall be held at a city council meeting not earlier than 15
579 days nor later than
30 days after the request; and
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(3) The city council may adopt a final resolution of removal, which may be made
580
effective immediately, by affirmative vote of four of its members at any time after five
581
days from the date when a copy of the preliminary resolution was delivered to the
582
chief administrative officer, if he or she has not requested a public hearing, or at any
583
time after the public hearing if he or she has requested one.
584
(b) The chief administrative officer shall continue to receive his or her salary until the
585
effective date of a final resolution of removal, and unless he or she has been convicted of
586
a felony at that time, he or she shall be given not less than 60 days' severance pay. The
587
action of the city council in suspending or removing the chief administrative officer shall
588
not be subject to review by any court or agency.
589
(c) If the chief administrative officer becomes disabled and is unable to carry out the
590
duties of the office or if the chief administrative officer dies, then an acting chief
591
administrative officer shall be appointed to perform the duties of the chief administrative
592
officer until the chief administrative officer's disability is removed or until the chief
593
administrative officer is replaced. Removal of the chief administrative officer because of
594
disability shall be carried
595
out in accordance with the provisions of subsection (a) of this section.
LC 28 7316
1532 grants an original municipal charter to the City of South Fulton, do hereby certify that this
1533 bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of
the