24 LC 47 2896
House Bill 1451
By: Representative Franklin of the 160
th
A BILL TO BE ENTITLED
AN ACT
To provide a new charter for the City of Brooklet; to provide for incorporation, boundaries,
1
and powers of the city; to provide for the exercise of powers and limitations on powers; to2
provide for a governing authority of such city and the powers, duties, authority, prohibitions,3
elections, terms, removal from office, method of filling vacancies, compensation, expenses,4
and qualifications; to provide for conflict of interest and holding other offices; to provide for5
inquiries and investigations; to provide for organization and meeting procedures; to provide6
for ordinances; to provide for eminent domain; to provide for codes; to provide for the office7
of mayor and certain duties and powers relative to the office of mayor; to provide for a8
mayor pro tempore; to provide for a city manager; to provide for administrative9
responsibilities; to provide for boards, commissions, and authorities; to provide for a city10
attorney, city clerk, and other personnel; to provide for the establishment of a municipal court11
and the judge or judges thereof; to provide for practices and procedures; to provide for12
taxation, permits, and fees; to provide for franchises, service charges, and assessments; to13
provide for bonded and other indebtedness; to provide for accounting and budgeting; to14
provide for contracting and purchasing; to provide for sale of city property; to provide for15
bonds for officials; to provide for pending matters; to provide for definitions and16
construction; to provide for severability; to provide for related matters; to repeal specific17
Acts; to repeal conflicting laws; and for other purposes.18
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ARTICLE I
19
INCORPORATION AND POWERS20
SECTION 1.10.21
Name.22
The city and the inhabitants thereof are reincorporated by the enactment of this charter and23
are hereby constituted and declared a body politic and corporate under the name and style24
the City of Brooklet, Georgia, and by that name shall have perpetual succession.25
SECTION 1.11.26
Corporate boundaries.27
(a) The boundaries of the city shall be those existing on the effective date of this charter with28
such alterations as may be made from time to time in the manner provided by law. The29
boundaries of this city at all times shall be shown on a map, a written description or any30
combination thereof, to be retained permanently in the office of city clerk, or alternatively,31
in the office of the zoning administrator, and to be designated, as the case may be: "Official32
Map of the corporate limits/zoning classifications of the City of Brooklet, Georgia."33
Photographic, typed, or other copies of such map or description certified by the city clerk34
shall be admitted as evidence in all courts and shall have the same force and effect as with35
the original map or description.36
(b) The mayor and city council may provide for the redrawing of any such map by ordinance37
to reflect lawful changes in the corporate boundaries or changes in zoning classifications. 38
All such modifications shall be noted on such map by the zoning administrator. A redrawn39
map shall supersede for all purposes the entire map or maps which it is designated to replace.40
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SECTION 1.12.
41
Powers and construction.42
(a) The city shall have all powers possible for a municipality to have under the present or43
future Constitution and laws of this state as fully and completely as though they were44
specifically enumerated in this charter. The city shall have all the powers of self-government45
not otherwise prohibited by this charter or by general law.46
(b) The powers of the city shall be construed liberally in favor the city. The specific47
mention or failure to mention particular powers shall not be construed as limiting in any way48
the powers of this city.49
SECTION 1.13.50
Examples of powers.51
(a) Animal regulations. To regulate and license or to prohibit the keeping or running at large52
of animals and fowl, and to provide for the impoundment of same if in violation of any53
ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction54
of animals and fowl when not redeemed as provided by ordinance; and to provide55
punishment for violation of ordinances enacted hereunder.56
(b) Appropriations and expenditures. To make appropriations for the support of the57
government of the city; to authorize the expenditure of money for any purposes authorized58
by this charter and for any purpose for which a municipality is authorized by the laws of the59
State of Georgia; and to provide for the payment of expenses of the city.60
(c) Building regulation. To regulate and to license the erection and construction of buildings61
and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and62
heating and air conditioning codes; and to regulate all housing, and building trades.63
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(d) Business regulation and taxation. To levy and to provide for the collection of regulatory
64
fees and taxes on privileges, occupations, trades and professions as authorized by Title 4865
of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit66
and regulate the same; to provide for the manner and method of payment of such regulatory67
fees and taxes; and to revoke such permits after due process for failure to pay any city taxes68
or fees.69
(e) Condemnation. To condemn property, inside or outside the corporate limits of the city,70
for present or future use and for any corporate purpose deemed necessary by the governing71
authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other72
applicable laws as are or may hereafter be enacted.73
(f) Contracts. To enter into contracts and agreements with other governmental entities and74
with private persons, firms and corporations.75
(g) Emergencies. To establish procedures for determining and proclaiming that an76
emergency situation exists within or without the city, and to make and carry out all77
reasonable provisions deemed necessary to deal with or meet such an emergency for the78
protection, safety, health or well-being of the citizens of the city.79
(h) Environmental protection. To protect and preserve the natural resources, environment80
and vital areas of the city, the region, and the state through the preservation and improvement81
of air quality, the restoration and maintenance of water resources, the control of erosion and82
sedimentation, the management of stormwater and establishment of a stormwater utility, the83
management of solid and hazardous waste, and other necessary actions for the protection of84
the environment.85
(i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge86
or restrict the same; to prescribe fire safety regulations not inconsistent with general law,87
relating to both fire prevention and detection and to fire fighting; and to prescribe penalties88
and punishment for violations thereof.89
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(j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and
90
disposal, and other sanitary service charge, tax, or fee for such services as may be necessary91
in the operation of the city from all individuals, firms, and corporations residing in or doing92
business therein benefiting from such services; to enforce the payment of such charges, taxes93
or fees; and to provide for the manner and method of collecting such service charges.94
(k) General health, safety and welfare. To define, regulate and prohibit any act, practice,95
conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and96
safety of the inhabitants of the city, and to provide for the enforcement of such standards.97
(l) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any98
purpose related to powers and duties of the city and the general welfare of its citizens, on99
such terms and conditions as the donor or grantor may impose.100
(m) Health and sanitation. To prescribe standards of health and sanitation and to provide101
for the enforcement of such standards.102
(n) Jail sentences. To provide that persons given jail sentences in the municipal court may103
work out such sentences in any public works or on the streets, roads, drains and other public104
property in the city, to provide for commitment of such persons to any jail, to provide for the105
use of pretrial diversion and any alternative sentencing allowed by law, or to provide for106
commitment of such persons to any county work camp or county jail by agreement with the107
appropriate county officials.108
(o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over109
all traffic, including parking upon or across the streets, roads, alleys and walkways of the110
city.111
(p) Municipal agencies and delegation of power. To create, alter or abolish departments112
boards, offices, commissions and agencies of the city, and to confer upon such agencies the113
necessary and appropriate authority for carrying out all the powers conferred upon or114
delegated to the same.115
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(q) Municipal debts. To appropriate and borrow money for the payment of debts of the city
116
and to issue bonds for the purpose of raising revenue to carry out any project, program or117
venture authorized by this charter or the laws of the State of Georgia.118
(r) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or119
otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or120
outside the property limits of the city.121
(s) Municipal property protection. To provide for the preservation and protection of122
property and equipment of the city, and the administration and use of same by the public; and123
to prescribe penalties and punishment for violations thereof.124
(t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell and dispose of125
public utilities, including, but not limited to, a system of waterworks, sewers and drains,126
sewage disposal, stormwater management, gas works, electric light plants, cable television127
and other telecommunications, transportation facilities, public airports, and any other public128
utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties,129
and to provide for the withdrawal of service for refusal or failure to pay the same.130
(u) Nuisance. To define a nuisance and provide for its abatement whether on public or131
private property.132
(v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the133
authority of this charter and the laws of the State of Georgia.134
(w) Planning and zoning. To provide comprehensive city planning for development by135
zoning; and to provide subdivision regulation and the like as the mayor and city council136
deem necessary and reasonable to insure a safe, healthy, and aesthetically pleasing137
community.138
(x) Police and fire protection. To exercise the power of arrest through duly appointed police139
officers, and to establish, operate, or contract for a police and a firefighting agency.140
(y) Public hazards: removal. To provide for the destruction and removal of any building141
or other structure which is or may become dangerous or detrimental to the public.142
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(z) Public improvements. To provide for the acquisition, construction, building, operation
143
and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries,144
markets and market houses, public buildings, libraries, public housing, airports, hospitals,145
terminals, docks, parking facilities, or charitable, cultural, educational, recreational,146
conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies147
and facilities; and to provide any other public improvements, inside or outside the corporate148
limits of the city; to regulate the use of public improvements; and for such purposes, property149
may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable150
laws as are or may hereafter be enacted.151
(aa) Public peace. To provide for the prevention and punishment of loitering, disorderly152
conduct, drunkenness, riots, and public disturbances.153
(bb) Public transportation. To organize and operate such public transportation systems as154
are deemed beneficial.155
(cc) Public utilities and services. To grant franchises or make contracts for, or impose taxes156
on public utilities and public service companies; and to prescribe the rates, fares, regulations157
and standards and conditions of service applicable to the service to be provided by the158
franchise grantee or contractor, insofar as not in conflict with valid regulations of the public159
service commission.160
(dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal,161
and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other162
structures or obstructions upon or adjacent to the rights of way of streets and roads or within163
view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and164
punishment for violation of such ordinances.165
(ee) Retirement. To provide and maintain a retirement plan and other employee benefit166
plans and programs for officers and employees of the city.167
(ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of,168
abandon or close, construct, pave, curb, gutter, adorn with share trees, or otherwise improve,169
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maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within
170
the corporate limits of the city; and to grant franchises and rights of way throughout the171
streets and roads, and over the bridges and viaducts for the use of public utilities; and to172
require real estate owners to repair and maintain in a safe condition the sidewalks adjoining173
their lots or lands, and to impose penalties for failure to do so.174
(gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,175
constructing, equipping, operating, maintaining and extending of a sewage disposal plant and176
sewerage system, and to levy on those to whom sewers and sewerage systems are made177
available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to178
provide for the manner and method of collecting such service charges and for enforcing179
payment of the same; and to charge, impose and collect a sewer connection fee or fees to180
those connected with the system.181
(hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish and182
refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others;183
and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other184
recyclable materials, and to provide for the sale of such items.185
(ii) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture186
and sale of intoxicating liquors; to regulate the transportation, storage and use of187
combustible, explosive and inflammable materials, the use of lighting and heating equipment,188
and any other business or situation which may be dangerous to persons or property; to189
regulate and control the conduct of peddlers and itinerant traders, theatrical performances,190
exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional191
fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain192
areas.193
(jj) Special assessments. To levy and provide for the collection of special assessments to194
cover the costs for any public improvements.195
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(kk) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and
196
collection of taxes on all property subject to taxation.197
(ll) Taxes: other. To levy and collect such other taxes as may be allowed now or in the198
future by law.199
(mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the200
number of such vehicles; to require the operators thereof to be licensed; to require public201
liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to202
regulate the parking of such vehicles.203
(nn) Urban redevelopment. To organize and operate an urban redevelopment program.204
(oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges and205
immunities necessary or desirable to promote or protect the safety, health, peace, security,206
good order, comfort, convenience, or general welfare of the city and its inhabitants; and to207
exercise all implied powers necessary or desirable to carry into execution all powers granted208
in this charter as fully and completely as if such powers were fully stated herein; and to209
exercise all powers now or in the future authorized to be exercised by other municipal210
governments under other laws of the State of Georgia; and no listing of particular powers of211
this charter shall be held to be exclusive of others, nor restrictive of general words and212
phrases granting powers, but shall be held to be in addition to such powers unless expressly213
prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.214
(pp) Advertising and promotion of city. To advertise and promote the advantages of the215
city, and to encourage and promote tourism and positive exposure for the city, in such216
manner that shall be determined by the mayor and council of the city, including, but not217
limited to, the promotion and sponsorship of festivals and parades within the city, and to218
appropriate funds for such purposes.219
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SECTION 1.14.
220
Exercise of powers.221
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or222
employees shall be carried into execution as provided by this charter. If this charter makes223
no provision, such shall be carried into execution as provided by ordinance or as provided224
by pertinent laws of the State of Georgia.225
ARTICLE II226
GOVERNMENT STRUCTURE227
SECTION 2.10.228
Mayor and city council creation; number; election.229
The municipal government of the City of Brooklet shall consist of the mayor and five230
councilmembers who are constituted a body corporate under the name and style of the231
"Mayor and City Council of Brooklet", and by such name they shall have perpetual232
succession.233
SECTION 2.11.234
Terms and qualifications for office.235
(a) The mayor and councilmembers shall serve for terms of four years and until their236
respective successors are duly elected and qualified. No person shall be eligible to serve as237
councilmember unless he or she has been a resident of the city for 12 months immediately238
preceding the election. The mayor and each member of the city council shall continue to239
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reside within the city during his or her entire term of office and shall be registered and
240
qualified to vote in the municipal elections of the city.241
(b) Persons qualifying for the office of councilmember must have attained the age of 18242
years.243
(c) Persons qualifying for the office of mayor must have attained the age of 18 years and244
must have been a resident of the City of Brooklet for at least 12 months.245
SECTION 2.12.246
Designation of council posts.247
(a) In order to provide for the staggered election of councilmembers, the city council is248
hereby divided into five councilmember posts: The position presently occupied by249
Councilman Hubert Keith Roughton is hereby designated councilmember Post No. 1. The250
position presently occupied by Councilman Bradley Anderson is hereby designated251
councilmember Post No. 2. The position presently occupied by Councilman Rebecca Kelly252
is hereby designated councilmember Post No. 3. The position presently occupied by253
Councilman James Harrison is hereby designated councilmember Post No. 4. The position254
presently occupied by Councilman Johnathan Graham is hereby designated councilmember255
Post No. 5.256
(b) Elections shall be held in the year 2025 and thereafter every four years for the mayor and257
the councilmembers for Posts 1 and 2, such individuals to be elected for four-year terms of258
office. Elections shall be held in the year 2027 and thereafter every four years for259
councilmembers for Posts 3, 4, and 5, such individuals to be elected for four-year terms of260
office.261
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SECTION 2.13.
262
Oath of office.263
The oath of office to be administered to newly elected members of council and the mayor264
shall be as follows:265
"I do solemnly swear or affirm that:266
I will faithfully execute the office of ________________________ of the City of Brooklet,267
and to the best of my ability support and defend the Constitution of the United States, the268
Constitution of Georgia, and the charter, ordinances, and regulations of the City of269
Brooklet.270
I am not the holder of any unaccounted for public money due this state or any political271
subdivision or authority thereof;272
I am not the holder of any office of trust under the government of the United States, any273
other state, or any foreign state which by the laws of the State of Georgia I am prohibited274
from holding;275
I am otherwise qualified to hold said office according to the Constitution and laws of276
Georgia;277
I have been a resident of the City of Brooklet for the time required by the Constitution and278
the laws of this state;279
I will perform the duties of my office in the best interest of the City of Brooklet and to the280
best of my ability without fear, favor, affection, reward or expectation thereof."281
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SECTION 2.14.
282
Vacancy declared in office of mayor and council if officer283
changes residency to one outside city.284
The mayor and each member of the city council shall reside within the corporate limits of the285
city during their terms of office. If any officer changes residency to one outside of the city,286
such office shall be declared vacant.287
SECTION 2.15.288
Filling vacancy in office of mayor, member of council.289
(a) In case of a vacancy in the office of mayor or councilmember caused by death,290
resignation, failure to elect, or removal of residency, or for any other reason, the city will291
hold an election to elect a mayor or councilmember for the unexpired term, in accordance292
with Title 21, Chapter 2, of the O.C.G.A., the "Georgia Election Code."293
(b) The mayor and councilmembers elected as provided in this section shall take the oath of294
office prescribed in Section 2.13 before entering upon the duties of office.295
SECTION 2.16.296
Mayor pro tempore; selection, function, duties.297
The city council shall, at its first meeting after election and qualification, elect one of its298
members as mayor pro tempore, who shall, in the absence or disqualification of the mayor,299
be the presiding officer of the city council, shall be allowed to vote on all questions, and300
shall, in the absence or disqualification of the mayor, exercise all the functions of the office301
of mayor; and all the duties, powers, rights, and privileges conferred by this charter upon the302
mayor.303
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SECTION 2.17.
304
Meetings, minutes, proceedings of council.305
(a) The city council shall be presided over at its meetings by the mayor or, in his or her306
absence, by the mayor pro tempore. Three councilmembers shall constitute a quorum and307
shall be authorized to transact the business of the council. In the event vacancies in office308
result in less than a quorum of councilmembers holding office, then the remaining309
councilmembers in office shall constitute a quorum and shall be authorized to transact the310
business of the mayor and city council. A vote of a majority of the remaining311
councilmembers shall be required for the adoption of any ordinance, resolution, or motion. 312
The mayor and city council shall cause to be kept in a well-bound book an accurate record313
of all its proceedings, by-laws, acts, orders, ordinances, and resolutions, which book shall be314
fully indexed and open to the public. The mayor and city council shall hold monthly,315
semi-monthly, or weekly sessions as it may determine, and the mayor, mayor pro tempore,316
or three councilmembers may cause to be held such other and additional meetings as317
emergencies may, in their discretion, require.318
(b) The mayor and city council shall have power and authority to enact such ordinances from319
time to time as it may deem necessary to enforce the provisions of this charter. Voting on320
the adoption of ordinances shall be taken by a voice vote and shall be recorded in the official321
minutes, but any councilmember shall have the right to request a roll-call vote. The322
affirmative vote of a majority of the members present shall be required for the adoption of323
any ordinance, resolution, or motion, except as otherwise provided in this charter.324
(c) The mayor and city council shall hold regular meetings at such times and places as325
prescribed by ordinance. Unless otherwise modified by ordinance, the regularly scheduled326
monthly meeting of the mayor and city council shall be at 7:00 P.M. on the third Thursday327
of each month. Regular monthly meetings may be rescheduled in the event of conflicts or328
other circumstances.329
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(d) Special meetings of the mayor and city council may be held on call of the mayor or a
330
majority of councilmembers. Notice of such special meetings shall be served on all other331
members personally, or by telephone personally, at least 48 hours in advance of the meeting.332
Such notice to councilmembers shall not be required of the mayor and all councilmembers333
who are present when the special meeting is called. Such notice of any special meeting may334
be waived by a councilmember or mayor in writing before or after such a meeting, and335
attendance at the meeting shall also constitute a waiver of notice on any business transacted336
in such councilmember's or mayor's presence. Only the business stated in the call may be337
transacted at the special meeting.338
(e) All meetings of the mayor and city council shall be public to the extent required by law339
and notice to the public of special meetings shall be made fully as is reasonably possible 24340
hours prior to such meetings.341
(f) Executive sessions of the mayor and city council may be held for the purpose of342
conducting business excepted from public access requirements as authorized in Chapter 14343
of Title 50 of the O.C.G.A., presently in effect, or as may hereafter be amended. Where a344
meeting of the mayor and city council is devoted in part to matters within the authorized345
exceptions to public access requirements, any portion of the meeting not subject to any such346
exceptions shall be open to the public. No executive session shall be held except pursuant347
to a majority affirmative vote of the mayor and city council taken in a public meeting. The348
minutes of the public meeting shall reflect the names of the mayor and city councilmembers349
present, those voting for the executive session and the specific reasons for the executive350
session. Minutes of the executive session may be maintained by the city clerk upon a351
majority vote of the mayor and city council. Any such minutes shall be maintained in a352
confidential file and shall not be subject to disclosure, except that disclosures of such353
portions of minutes identifying real estate to be acquired by the mayor and city council may354
only be delayed until such time as the acquisition of the real estate has been completed,355
terminated, or abandoned or court proceedings have been initiated.356
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(g) All councilmembers except the mayor shall have one vote each. As noted in
357
Section 2.18, the mayor shall have one vote if and only if there is a tie in the votes of the358
other councilmembers.359
(h) It shall be optional for the mayor and city council to have posted any measure, ordinance,360
or resolution at such place in the city as it may direct, for the information of the public, or361
it may have the same published in any newspaper of the city, but failure to so post or publish362
any ordinance, measure, or resolution shall in no wise operate to render same void.363
SECTION 2.18.364
Mayor.365
(a) The mayor is responsible for the orderly conduct of the meetings. In order to fulfill this366
duty, the mayor must enforce the rules of procedure that are adopted by the mayor and city367
council. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor368
may not introduce motions or second a motion except that the mayor may introduce or369
second a motion to go into executive session.370
(b) The mayor shall not vote except in the case of a tie vote among the councilmembers, the371
mayor may then vote to break the tie. The mayor shall propose appointments to various372
boards, authorities, councils, and committees, which appointments must be subsequently373
ratified by majority of the city council, all subject to statutes of general application.374
(c) The mayor shall:375
(1) Preside at all meetings of the mayor and city council;376
(2) Be the head of the city for the purpose of service of process and for ceremonial377
purposes, and be the official spokesperson for the city and the chief advocate of policy;378
(3) Have power to administer oaths and to take affidavits; and379
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(4) Sign as a matter of course on behalf of the city all written and approved contracts,
380
ordinances, and other instruments executed by the city which by law are required to be in381
writing.382
SECTION 2.19.383
Compensation and expenses.384
The mayor and councilmembers shall receive compensation and expenses for their services385
as provided by ordinance.386
SECTION 2.20.387
Conflicts of interest; holding other offices; nepotism.388
(a) Elected and appointed officers of the city are trustees and servants of the residents of the389
city and shall act in a fiduciary capacity for the benefit of such residents.390
(b) No elected official, appointed officer, or employee of the city or any agency or political391
entity to which this charter applies shall knowingly:392
(1) Engage in any business or transaction, or have a financial or other personal interest,393
direct or indirect, which is incompatible with the proper discharge of that person's official394
duties or which would tend to impair the independence of the official's judgment or action395
in the performance of those official duties;396
(2) Engage in or accept private employment, or render services for private interests when397
such employment or service is incompatible with the proper discharge of that person's398
official duties or would tend to impair the independence of the official's judgment or action399
in the performance of those official duties;400
(3) Disclose confidential information, including information obtained at meetings which401
are closed pursuant to Title 50, Chapter 14 of the O.C.G.A., concerning the property,402
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government, or affairs of the governmental body by which the official is engaged without
403
proper legal authorization; or use such information to advance the financial or other private404
interest of the official or others;405
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from406
any person, firm or corporation which to the official's knowledge is interested, directly or407
indirectly, in any manner whatsoever, in business dealings with the governmental body by408
which the official is engaged; provided, however, that an elected official who is a candidate409
for public office may accept campaign contributions and services in connection with any410
such campaign;411
(5) Represent other private interests in any action or proceeding against this city or any412
portion of its government; or413
(6) Vote or otherwise participate in the negotiation or in the making of any contract with414
any business or entity in which the official has a financial interest.415
(c) Any elected official, appointed officer, or employee who shall have any financial416
interest, directly or indirectly, in any contract or matter pending before or within any417
department of the city shall disclose such interest to the mayor and city council. The mayor418
or any councilmember who has a financial interest in any matter pending before the mayor419
and city council shall disclose such interest and such disclosure shall be entered on the420
records of the mayor and city council, and that official shall disqualify himself or herself421
from participating in any decision or vote relating thereto. Any elected official, appointed422
officer, or employee of any agency or political entity to which this charter applies who shall423
have any financial interest, directly or indirectly, in any contract or matter pending before or424
within such entity shall disclose such interest to the governing body of such agency or entity.425
(d) No elected official, appointed officer, or employee of the city or any agency or entity to426
which this charter applies shall use property owned by such governmental entity for personal427
benefit or profit but shall use such property only in their capacity as an officer or employee428
of the city.429
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(e) Any violation of this section which occurs with the knowledge, express or implied, of
430
a party to a contract or sale shall render said contract or sale voidable at the option of the431
mayor and city council.432
(f) Except where authorized by law, neither the mayor nor any councilmember shall hold433
any other elective or appointive office in the city or otherwise be employed by said434
government or any agency thereof during the term for which that official was elected. No435
former mayor and no former councilmember shall hold any appointive office in the city until436
one year after the expiration of the term for which that official was elected.437
(g) No appointive officer of the city shall continue in such employment upon qualifying as438
a candidate for nomination or election to any public office. No employee of the city shall439
continue in such employment upon qualifying for or election to any public office in this city440
or any other public office which is inconsistent, incompatible or in conflict with the duties441
of the city employee. Such determination shall be made by the council either immediately442
upon election or at any time such conflict may arise.443
(h)(1) Any city officer or employee who knowingly conceals such financial interest or444
knowingly violates any of the requirements of this section shall be guilty of malfeasance445
in office or position and shall be deemed to have forfeited that person's office or position.446
(2) Any officer or employee of the city who shall forfeit an office or position as described447
in paragraph (1) of this subsection, shall be ineligible for appointment or election to or448
employment in a position in the city government for a period of three years thereafter.449
(i) No immediate family member of the mayor and city council shall be employed by the450
city during the term for which the mayor or councilmember has been elected.451
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SECTION 2.21.
452
Inquiries and investigations.453
The mayor and city council may make inquiries and investigations into the affairs of the city454
and the conduct of any department, office or agency thereof, and for this purpose may455
subpoena witnesses, administer oaths, take testimony, and require the production of456
evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of457
these powers by the mayor and city council shall be punished as provided by this charter or458
ordinance.459
SECTION 2.22.460
Rules of procedure.461
(a) In order for the mayor and city council to take any official action on any subject, a462
councilmember must propose a main motion. A proposed main motion will not be463
recognized by the mayor until another councilmember agrees to second the motion. This464
section does not require the councilmember seconding the motion to support the motion. A465
councilmember may withdraw a main motion that he or she has made at the time before the466
council has voted on the motion.467
(b) After the main motion is recognized by the mayor, the mayor and city council shall468
debate the motion. The debate shall be managed by the mayor in a manner that is fair to all469
members. During the course of the debate, councilmembers may introduce subsidiary470
motions that propose that the mayor and city council take a particular action on a motion, i.e.,471
to postpone indefinitely, amend, refer to committee, and postpone to a time certain.472
Subsidiary motions require a second before they can be voted on or debated. Motions to473
recess and adjourn require a second.474
(c) Voting on motions shall take place in accordance with the following provisions:475
H. B. 1451
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(1) If debate has been completed and no other councilmember wishes to speak, the mayor
476
can call for the vote. If there are no objections, then the mayor can proceed with the vote;477
or478
(2) If the mayor calls for the vote and there is an objection, a councilmember may move479
to vote immediately, "move the previous question." If this motion is seconded and480
approved by a two-thirds' vote, debate will stop. The mayor will then read the proposed481
motion to the council and ask for the votes of the councilmembers.482
SECTION 2.23.483
Ordinance form; procedures.484
(a) All ordinances passed subsequent to the current city code which amend, repeal or in any485
way affect the current city code must be numbered in accordance with the numbering system486
of the current city code and printed for inclusion herein. In the case of repealed chapters,487
sections and subsections or any part thereof, by subsequent ordinances, such repealed488
portions may be excluded from the city code by omission from reprinted pages affected489
thereby. The subsequent ordinances as numbered and printed are omitted, in the case of490
repeal, shall be prima facie evidence of such subsequent ordinances until such time that the491
current city code and subsequent ordinances numbered or omitted are re-adopted as new code492
by the mayor and city council.493
(b) Amendments to any of the provisions of the city code may be made by amending such494
provision by specific reference to the section number of the code in the following language: 495
"Section _______ of the Code of Ordinances, City of Brooklet, Georgia, is hereby amended496
to read as follows …" The new section shall then be set out in full as desired.497
(c) If a new section not heretofore existing in the city code is to be added, the following498
language may be used: "The Code of Ordinances, City of Brooklet, Georgia is hereby499
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amended by adding Section (or Article or Chapter) to be numbered _________, which
500
Section reads as follows …" The new section may then be set out in full as desired.501
(d) All sections, articles, chapters or provisions desired to be repealed should be specifically502
repealed by section, article or chapter number, as the case may be.503
(e) An ordinance may be introduced by any councilmember and be read at a regular or504
special meeting of the mayor and city council. Ordinances shall be considered and adopted505
or rejected by the mayor and city council in accordance with the rules which it shall506
establish; provided, however, an ordinance shall not be adopted the same day it is introduced,507
except for emergency ordinances provided in Section 2.25. Upon introduction of any508
ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each509
councilmember and shall file a reasonable number of copies in the office of the clerk at such510
other public places as the mayor and city council may designate.511
SECTION 2.24.512
Action requiring an ordinance.513
Acts of the mayor and city council which have the force and effect of law shall be enacted514
by ordinance.515
SECTION 2.25.516
Emergencies.517
To meet a public emergency affecting life, health, property or public peace, the mayor and518
city council may convene on call of the mayor or three councilmembers and promptly adopt519
an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a520
franchise; regulate the rate charged by any public utility for its services; or authorize the521
borrowing of money except for loans to be repaid within 30 days. An emergency ordinance522
H. B. 1451
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shall be introduced in the form prescribed for ordinances generally, except that it shall be
523
plainly designated as an emergency ordinance and shall contain, after the enacting clause,524
a declaration stating that an emergency exists, and describing the emergency in clear and525
specific terms. An emergency ordinance may be adopted, with or without amendment, or526
rejected at the meeting at which it is introduced, but the affirmative vote of at least527
three councilmembers shall be required for adoption. It shall become effective upon528
adoption or at such later time as it may specify. Every emergency ordinance shall529
automatically stand repealed 30 days following the date upon which it was adopted, but this530
shall not prevent reenactment of the ordinance in the manner specified in this section if the531
emergency still exists. An emergency ordinance may also be repealed by adoption of a532
repealing ordinance in the same manner specified in this section for adoption of emergency533
ordinances.534
SECTION 2.26.535
Code of technical regulations.536
(a) The mayor and city council may adopt any standard code of technical regulations by537
reference thereto in an adopting ordinance. The procedure and requirements governing such538
adopting ordinance shall be as prescribed for ordinances generally except that:539
(1) The requirements of Section 2.23 for distribution and filing of copies of the ordinance540
shall be construed to include copies of any code of technical regulations, as well as the541
adopting ordinance; and542
(2) A copy of each adopted code of technical regulations, as well as the adopting543
ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.27.544
(b) Copies of any adopted code of technical regulations shall be made available by the city545
clerk for distribution or for purchase at a reasonable price.546
H. B. 1451
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SECTION 2.27.
547
Signing; authenticating; recording; codification; printing.548
(a) The city clerk shall authenticate by his or her signature and record in full in a properly549
indexed book kept for that purpose, all ordinances adopted by the mayor and city council.550
(b) The mayor and city council shall provide for the preparation of a general codification of551
all the ordinances of the city having the force and effect of law. The general codification552
shall be adopted by the mayor and city council by ordinance and shall be published promptly,553
together with all amendments thereto and such codes of technical regulations and other rules554
and regulations as the mayor and city council may specify. This compilation shall be known555
and cited officially as the "The Code of the City of Brooklet, Georgia." Copies of the city556
code shall be furnished to all officers, departments and agencies of the city, and may be made557
available for purchase by the public at a reasonable price as fixed by the mayor and city558
council.559
SECTION 2.28.560
General power and authority.561
(a) Except as otherwise provided by law or this charter, the mayor and city council shall be562
vested with all the powers of government of this city.563
(b) In addition to all other powers conferred upon it by law, the mayor and city council shall564
have the authority to adopt and provide for the execution of such ordinances, resolutions,565
rules, and regulations, not inconsistent with this charter and the Constitution and the laws of566
the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good567
order, protection of life and property, health, welfare, sanitation, comfort, convenience,568
prosperity, or well-being of the inhabitants of the City of Brooklet and may enforce such569
ordinances by imposing penalties for violation thereof.570
H. B. 1451
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SECTION 2.29.
571
Eminent domain.572
The mayor and city council are hereby empowered to acquire, construct, operate and573
maintain public ways, parks, public grounds, cemeteries, markets, market houses, public574
buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas575
systems, airports, hospitals, and charitable, educational, recreational, sport, curative,576
corrective, detentional, penal, and medical institutions, agencies and facilities, and any other577
public improvements inside or outside the city, and to regulate the use thereof, and for such578
purposes, property may be condemned under procedures established under general law579
applicable now or as provided in the future.580
SECTION 2.30.581
City manager; appointment; qualifications; compensation.582
The mayor and city council shall appoint a city manager, also know as "the manager," for an583
indefinite term and shall fix the manager's compensation. The manager shall be appointed584
solely on the basis of executive and administrative qualifications.585
SECTION 2.31.586
Removal of city manager.587
(a) The mayor and city council may remove the manager from office in accordance with the588
following procedures:589
(1) The mayor and city council shall adopt by affirmative vote of a majority of all its590
members a preliminary resolution which must state the reasons for removal and may591
H. B. 1451
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suspend the manager from duty for a period not to exceed 45 days. A copy of the
592
resolution shall be delivered promptly to the manager;593
(2) Within five days after a copy of the resolution is delivered to the manager, the manager594
may file with the mayor and city council a written request for a public hearing. This595
hearing shall be held within 30 days after the request is filed. The manager may file with596
the mayor and city council a written reply not later than five days before the hearing;597
(3) If the manager has not requested a public hearing within the time specified in598
paragraph (2) of this subsection, the mayor and city council may adopt a final resolution599
for removal, which may be made effective immediately, by an affirmative vote of a600
majority of all its members. If the manager has requested a public hearing, the mayor and601
city council may adopt a final resolution for removal, which may be made effective602
immediately, by an affirmative vote of a majority of all its members at any time after the603
public hearing.604
(b) The manager may continue to receive a salary until the effective date of a final resolution605
of removal.606
SECTION 2.32.607
Acting city manager.608
By letter filed with the city clerk, the manager shall designate, subject to approval of the609
mayor and city council, a qualified city administrative officer to exercise the powers and610
perform the duties of manager during the manager's temporary absence or physical or mental611
disability. During such absence or disability, the mayor and city council may revoke such612
designation at any time and appoint another officer of the city to serve until the manager shall613
return or the manager's disability shall cease.614
H. B. 1451
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SECTION 2.33.
615
Powers and duties of the city manager.616
The city manager shall be the chief executive and administrative officer of the city. The617
manager shall be responsible to the mayor and city council for the administration of all city618
affairs placed in the manager's charge by or under this charter. As the chief executive and619
administrative officer, the manager shall:620
(1) Appoint and, when the manager deems it necessary for the good of the city, suspend621
or remove all city employees and administrative officers the manager appoints, except as622
otherwise provided by law or personnel ordinances adopted pursuant to this charter. The623
manager may authorize any administrative officer who is subject to the manager's direction624
and supervision to exercise these powers with respect to subordinates in that officer's625
department, office or agency;626
(2) Direct and supervise the administration of all departments, offices and agencies of the627
city, except as otherwise provided by this charter or by law;628
(3) Attend all mayor and city council meetings except for closed meetings held for the629
purposes of deliberating on the appointment, discipline or removal of the city manager and630
have the right to take part in discussion but not vote;631
(4) See that all laws, provisions of this charter, and acts of the mayor and city council,632
subject to enforcement by the manager or by officers subject to the manager's direction and633
supervision, are faithfully executed;634
(5) Prepare and submit the annual operating budget and capital budget to the mayor and635
city council;636
(6) Submit to the mayor and city council and make available to the public a complete637
report on the finances and administrative activities of the city as of the end of each fiscal638
year;639
H. B. 1451
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(7) Make such other reports as the mayor and city council may require concerning the
640
operations of city departments, offices and agencies subject to the manager's direction and641
supervision;642
(8) Keep the mayor and city council fully advised as to the financial condition and future643
needs of the city, and make such recommendations to the mayor and city council644
concerning the affairs of the city as the manager deems desirable; and645
(9) Perform other such duties as are specified in this charter or as may be required by the646
mayor and city council.647
SECTION 2.34.648
Council interference with administration.649
Except for the purpose of inquiries and investigations under Section 2.21, the mayor and city650
council or its members shall deal with city officers and employees who are subject to the651
direction and supervision of the manager solely through the manager, and neither the mayor652
and city council nor its members shall give orders to any such officer or employee, either653
publicly or privately.654
ARTICLE III655
ADMINISTRATIVE AFFAIRS656
SECTION 3.10.657
Administrative and service departments.658
(a) Except as otherwise provided in this charter, the mayor and city council, by ordinance,659
shall prescribe the functions or duties, and establish, abolish, alter, consolidate or leave660
H. B. 1451
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vacant all nonelective offices, positions of employment, departments and agencies of the city,
661
as necessary for the proper administration of the affairs and government of this city.662
(b) Except as otherwise provided by this charter or by law, the directors of departments and663
other appointed officers of the city shall be appointed solely on the basis of their respective664
administrative and professional qualifications.665
(c) All appointive officers and directors of departments shall receive such compensation as666
prescribed by ordinance or resolution.667
(d) There shall be a director of each department or agency who shall be its principal officer. 668
Each director shall, subject to the direction and supervision of the city manager, be669
responsible for the administration and direction of the affairs and operations of that director's670
department or agency.671
(e) All appointive officers and directors under the supervision of the city manager shall be672
nominated by the city manager with confirmation of appointment by the mayor and city673
council. All appointive officers and directors shall be employees at will and subject to674
removal or suspension at any time by the city manager unless otherwise provided by law or675
ordinance.676
SECTION 3.11.677
Boards, commissions and authorities.678
(a) The mayor and city council shall create by ordinance such boards, commissions and679
authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the mayor680
and city council deem necessary, and shall by ordinance establish the composition, period681
of existence, duties and powers thereof.682
(b) All members of boards, commissions and authorities of the city shall be appointed by the683
mayor and city council for such terms of office and in such manner as shall be provided by684
H. B. 1451
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ordinance, except where other appointing authority, terms of office, or manner of
685
appointment is prescribed by this charter or by law.686
(c) The mayor and city council, by ordinance, may provide for the compensation and687
reimbursement for actual and necessary expenses of the members of any board, commission688
or authority.689
(d) Except as otherwise provided by charter or by law, no member of any board, commission690
or authority shall hold any elective office in the city.691
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the692
unexpired term in the manner prescribed herein for original appointment, except as otherwise693
provided by this charter or by law.694
(f) No member of a board, commission, or authority shall assume office until that person has695
executed and filed with the city clerk an oath obligating such member to faithfully and696
impartially perform the duties of that member's office, such oath to be prescribed by697
ordinance and administered by the mayor.698
(g) All board members serve at will and may be removed at any time by a vote of three699
councilmembers unless otherwise provided by law.700
(h) Except as otherwise provided by this charter or by law, each board, commission or701
authority of the city shall elect one of its members as chairperson and one member as vice702
chairperson, and may elect as its secretary one of its own members or may appoint as703
secretary an employee of the city. Each board, commission or authority of the city704
government may establish such bylaws, rules and regulations, not inconsistent with this705
charter, ordinances of the city, or law, as it deems appropriate and necessary for the706
fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and707
regulations shall be filed with the city clerk.708
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SECTION 3.12.
709
City attorney.710
The mayor and city council shall appoint a city attorney, together with such assistant city711
attorneys as may be authorized, and shall provide for the payment of such attorney or712
attorneys for services rendered to the city. The city attorney shall be responsible for713
providing for the representation and defense of the city in all litigation in which the city is714
a party; may be the prosecuting officer in the municipal court; shall attend the meetings of715
the mayor and city council as directed; shall advise the mayor and city council and other716
officers and employees of the city concerning legal aspects of the city's affairs; and shall717
perform such other duties as may be required by virtue of the person's position as city718
attorney. The city attorney is not a public official of the city and does not take an oath of719
office. The city attorney shall at all times be an independent contractor. A law firm, rather720
than an individual, may be designated as the city attorney.721
SECTION 3.13.722
City clerk.723
The city manager shall appoint a city clerk who shall not be a councilmember. The city clerk724
shall be custodian of the official city seal and city records; maintain city council records725
required by this charter; and perform such other duties as may be required by the mayor and726
city council.727
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SECTION 3.14.
728
Position classification and pay plans.729
The city manager shall be responsible for the preparation of a position classification and pay730
plan which shall be submitted to the mayor and city council for approval. Such plan may731
apply to all employees of the city and any of its agencies, departments, boards, commissions732
or authorities. When a pay plan has been adopted, the mayor and city council shall not733
increase or decrease the salary range applicable to any position except by amendment of such734
pay plan. For purposes of this section, all elected and appointed city officials are not city735
employees.736
SECTION 3.15.737
At will employer; advisory rules.738
(a) The City of Brooklet is an at will employer pursuant to Georgia law. Employees may739
be terminated at any time with or without cause or advance notice by the city manager. Any740
rules, regulations or ordinances adopted or practiced with respect to due process and741
discipline are advisory in nature, and shall not create contractual obligations on the part of742
employees or the city, and shall not alter the at will employment relationship.743
(b) The mayor and city council are authorized to enact advisory policies and provisions744
regarding procedures for discipline and due process with respect to city personnel, provided745
that such policies and procedures shall be advisory only, and shall not alter the at will746
employment relationship as provided for in this charter.747
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ARTICLE IV
748
JUDICIAL BRANCH749
SECTION 4.10.750
Creation; name.751
There shall be a court to be known as the Municipal Court of the City of Brooklet.752
SECTION 4.11.753
Judge of the municipal court of the city of Brooklet.754
(a) The municipal court shall be presided over by the judge of the City of Brooklet. The755
judge shall be appointed by the mayor and city council. The judge shall serve a term and756
may be removed as provided for by general law.757
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless758
he or she shall have attained the age of 21 years and shall be a member of the State Bar of759
Georgia.760
(c) Before assuming office, the judge shall take an oath, given by the mayor, that he or she761
will honestly and faithfully discharge the duties of his or her office to the best of his or her762
ability and without fear, favor or partiality.763
SECTION 4.12.764
Convening.765
The municipal court shall be convened at regular intervals as determined by the mayor and766
city council.767
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SECTION 4.13.
768
Jurisdiction, powers.769
(a) The municipal court shall try and punish violations of this charter, all city ordinances,770
and such other violations as provided by law.771
(b) The municipal court shall have authority to punish those in its presence for contempt,772
provided that such punishment shall not be in excess of $200.00 or ten days in jail.773
(c) The municipal court may fix punishment for offenses within its jurisdiction not774
exceeding a fine of $1,000.00, or imprisonment for six months, or both such fine and775
imprisonment, or may fix punishment by fine, imprisonment or alternative sentencing as776
now, or hereafter provided by law.777
(d) The municipal court shall have authority to establish bail and recognizances to ensure778
the presence of those charged with violations before said court, and shall have discretionary779
authority to accept cash or personal or real property as surety for the appearance of persons780
charged with violations. Whenever any person shall give bail for that person's appearance781
and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge782
presiding at such time, and an execution issued thereon by serving the defendant the783
defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the784
event that cash or property is accepted in lieu of bond for security for the appearance of a785
defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,786
the cash so deposited shall be on order of the judge declared forfeited to the city, or the787
property so deposited shall have a lien against it for the value forfeited which lien shall be788
enforceable in the same manner and to the same extent as a lien for city property taxes.789
(e) The municipal court shall have the same authority as superior courts to compel the790
production of evidence in the possession of any party; to enforce obedience to its orders,791
judgments and sentences; and to administer such oaths as are necessary.792
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(f) The municipal court may compel the presence of all parties necessary to a proper disposal
793
of each case by the issuance of summonses, subpoenas, and warrants which may be served794
and executed by any officer as authorized by this charter or by law.795
(g) The judge of the municipal court shall be authorized to issue warrants for the arrest of796
persons charged with offenses against any ordinance of the city, and each judge of the797
municipal court shall have the same authority as a magistrate of the state to issue warrants798
for offenses against state laws committed within the city;799
(h) The municipal court shall have authority to establish a schedule of fees to defray the cost800
of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and801
caretaking of prisoners bound over to superior courts for violations of state law;802
(i) The municipal court judge of the city is authorized to issue warrants for the arrest of all803
persons charged, upon affidavits made before the judge, with having committed within the804
limits of the City of Brooklet, offenses against any ordinance of the city or penal law of the805
state, and to take examination of such persons, and the same to discharge or commit to the806
county jail or let to bail, according to law, to answer such charge before the court having807
jurisdiction, all of which warrants shall be addressed to "the Chief of Police of Brooklet,808
Georgia, or any lawful policeman thereof, and to all and singular the sheriffs, deputy sheriffs,809
and constables of this state," and any one of the officers shall have the same authority to810
execute the warrants as the sheriffs of this state have to execute criminal warrants.811
SECTION 4.14.812
Appeal.813
The right of appeal from the decision and judgment of the municipal court shall exist in all814
criminal cases and ordinance violation cases, and such appeal shall be had pursuant to815
general law to the Superior Court of Bulloch County.816
H. B. 1451
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SECTION 4.15.
817
Rules of court.818
With the approval of the mayor and city council, the judge shall have full power and819
authority to make reasonable rules and regulations necessary and proper to secure the820
efficient and successful administration of the municipal court; provided, however, that the821
mayor and city council may adopt in part or in toto the rules and regulations applicable to822
superior courts.823
ARTICLE V824
ELECTIONS AND REMOVAL825
SECTION 5.10.826
Applicability of general law.827
All elections shall be held and conducted in accordance with the Chapter 2 of Title 21 of the828
O.C.G.A., the "Georgia Election Code" as now or hereafter amended.829
SECTION 5.11.830
Nonpartisan elections.831
Political parties shall not conduct primaries for city offices and all names of candidates for832
city offices shall be listed without party designations.833
H. B. 1451
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SECTION 5.12.
834
Election by plurality.835
The person receiving a plurality of the votes cast for any city office shall be elected.836
SECTION 5.13.837
Other provisions.838
Except as otherwise provided by this charter, the mayor and city council shall, by ordinance,839
prescribe such rules and regulations it deems appropriate to fulfill any options and duties840
under the Georgia Election Code.841
SECTION 5.14.842
Removal of officers.843
(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall844
be removed from office for any one or more of the following causes:845
(1) Incompetence, misfeasance, or malfeasance in office;846
(2) Conviction of a crime involving moral turpitude;847
(3) Failure at any time to possess any of the qualifications of office as provided by this848
charter or by law;849
(4) Knowingly violating any express prohibition of this charter;850
(5) Abandonment of office or neglect to perform the duties thereof; or851
(6) Failure for any other cause to perform the duties of office as required by this charter852
or by state law.853
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished854
by one of the following methods:855
H. B. 1451
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(1) By the vote of three councilmembers after an investigative hearing. In the event an
856
elected officer is sought to be removed by the action of the mayor and city council, such857
officer shall be entitled to a written notice specifying the ground or grounds for removal858
and to a public hearing which shall be held not less than ten days after the service of such859
written notice. Any elected officer sought to be removed from office as herein provided860
shall have the right of appeal from the decision of the mayor and city council to the861
Superior Court of Bulloch County. Such appeal shall be governed by the same rules as862
govern appeals to the superior court from the probate court; or863
(2) By an order of the Superior Court of Bulloch County, Georgia, following a hearing on864
a complaint seeking such removal brought by any resident of the City of Brooklet.865
ARTICLE VI866
FINANCE867
SECTION 6.10.868
Property tax.869
The mayor and city council may assess, levy and collect an ad valorem tax on all real and870
personal property within the corporate limits of the city that is subject to such taxation by the871
state and county. This tax is for the purpose of raising revenues to defray the costs of872
operating the city government, of providing governmental services, for the repayment of873
principal and interest on general obligations, and for any other public purpose as determined874
by the mayor and city council in their discretion.875
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SECTION 6.11.
876
Millage rate; due dates; payment methods.877
The mayor and city council shall establish a millage rate for the city property tax, a due date,878
and the time period within which these taxes must be paid. The mayor and city council, by879
ordinance, may provide for the payment of these taxes by two installments or in one lump880
sum, as well as authorize the voluntary payment of taxes prior to the time when due.881
SECTION 6.12.882
Occupation and business taxes.883
The mayor and city council by ordinance shall have the power to levy such occupation or884
business taxes as are not denied by law. The mayor and city council may classify businesses,885
occupations or professions for the purpose of such taxation in any way which may be lawful886
and may compel the payment of such taxes as provided in Section 6.18.887
SECTION 6.13.888
Regulatory fees; permits.889
The mayor and city council by ordinance shall have the power to require businesses or890
practitioners doing business within this city to obtain a permit for such activity from the city891
and pay a reasonable regulatory fee for such permit as provided by general law. Such fees892
shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be893
collected as provided in Section 6.18.894
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SECTION 6.14.
895
Franchises.896
(a) The mayor and city council shall have the power to grant franchises for the use of this897
city's streets and alleys for the purposes of railroads, street railways, telephone companies,898
electric companies, electric membership corporations, cable television and other899
telecommunications companies, gas companies, transportation companies and other similar900
organizations. The mayor and city council shall determine the duration, terms, whether the901
same shall be exclusive or nonexclusive, and the consideration for such franchises; provided,902
however, no franchise shall be granted for a period in excess of 35 years and no franchise903
shall be granted unless the city receives just and adequate compensation therefor. The mayor904
and city council shall provide for the registration of all franchises with the city clerk in a905
registration book kept by such clerk. The mayor and city council may provide by ordinance906
for the registration within a reasonable time of all franchises previously granted.907
(b) If no franchise agreement is in effect, the mayor and city council have the authority to908
impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of909
railroads, street railways, telephone companies, electric companies, electric membership910
corporations, cable television and other telecommunications companies, gas companies,911
transportation companies and other similar organizations.912
SECTION 6.15.913
Service charges.914
The mayor and city council by ordinance shall have the power to assess and collect fees,915
charges, assessments, and tolls for sewers, sanitary and health services, or any other services916
provided or made available within and without the corporate limits of the city. If unpaid,917
such charges shall be collected as provided in Section 6.18.918
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SECTION 6.16.
919
Special assessments.920
The mayor and city council by ordinance shall have the power to assess and collect the cost921
of constructing, reconstructing, widening, or improving any public way, street, sidewalk,922
curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property923
owners. If unpaid, such charges shall be collected as provided in Section 6.18.924
SECTION 6.17.925
Construction; other taxes and fees.926
The city shall be empowered to levy any other tax or fee allowed now or hereafter by law,927
and the specific mention of any right, power or authority in this article shall not be construed928
as limiting in any way the general powers of this city to govern its local affairs.929
SECTION 6.18.930
Collection of delinquent taxes and fees.931
The mayor and city council, by ordinance, may provide generally for the collection of932
delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by933
whatever reasonable means as are not precluded by law. This shall include providing for the934
dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.935
fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the936
persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any937
city taxes or fees; and providing for the assignment or transfer of tax executions.938
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SECTION 6.19.
939
General obligation bonds.940
The mayor and city council shall have the power to issue bonds for the purpose of raising941
revenue to carry out any project, program or venture authorized under this charter or the laws942
of the state. Such bonding authority shall be exercised in accordance with the laws943
governing bond issuance by municipalities in effect at the time said issue is undertaken.944
SECTION 6.20.945
Revenue bonds.946
Revenue bonds may be issued by the city as state law now or hereafter provides. Such bonds947
are to be paid out of any revenue produced by the project, program or venture for which they948
were issued.949
SECTION 6.21.950
Short-term loans.951
The city may obtain short-term loans and must repay such loans not later than December 31952
of each year, unless otherwise provided by law.953
SECTION 6.22.954
Lease-purchase contracts.955
The city may enter into multi-year lease, purchase or lease-purchase contracts for the956
acquisition of goods, materials, real and personal property, services, and supplies provided957
the contract terminates without further obligation on the part of the municipality at the close958
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of the calendar year in which it was executed and at the close of each succeeding calendar
959
year for which it may be renewed. Contracts must be executed in accordance with the960
requirements of Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or961
may hereafter be enacted.962
SECTION 6.23.963
Fiscal year.964
The mayor and city council shall set the fiscal year by ordinance. This fiscal year shall965
constitute the budget year and the year for financial accounting and reporting of each and966
every office, department, agency and activity of the city government unless otherwise967
provided by state or federal law.968
SECTION 6.24.969
Preparation of budgets.970
The mayor and city council may provide an ordinance on the procedures and requirements971
for the preparation and execution of an annual operating budget, a capital improvement plan972
and a capital budget, including requirements as to the scope, content and form of such973
budgets and plans.974
SECTION 6.25.975
Submission of operating budget to city council.976
On or before a date fixed by the mayor and city council but not later than 60 days prior to the977
beginning of each fiscal year, the city manager shall submit to the mayor and city council a978
proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by979
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a message from the city manager containing a statement of the general fiscal policies of the
980
city, the important features of the budget, explanations of major changes recommended for981
the next fiscal year, a general summary of the budget, and such other pertinent comments and982
information. The operating budget and the capital budget hereinafter provided for, the983
budget message, and all supporting documents shall be filed in the office of the city clerk and984
shall be open to public inspection.985
SECTION 6.26.986
Action by city council on budget.987
(a) The mayor and city council may amend the operating budget proposed by the city988
manager; except, that the budget as finally amended and adopted must provide for all989
expenditures required by state law or by other provisions of this charter and for all debt990
service requirements for the ensuing fiscal year, and the total appropriations from any fund991
shall not exceed the estimated fund balance, reserves, and revenues.992
(b) The mayor and city council shall adopt the final operating budget for the ensuing fiscal993
year not later than the third Thursday of June each year. If the mayor and city council fail994
to adopt the budget by this date, the amounts appropriated for operation for the current fiscal995
year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all996
items prorated accordingly until such time as the mayor and city council adopt a budget for997
the ensuing fiscal year.998
(c) The amount set out in the adopted operating budget for each organizational unit shall999
constitute the annual appropriation for such, and no expenditure shall be made or1000
encumbrance created in excess of the otherwise unencumbered balance of the appropriations1001
or allotment thereof, to which it is chargeable.1002
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SECTION 6.27.
1003
Tax levies.1004
The mayor and city council shall levy by ordinance such taxes as are necessary. The taxes1005
and tax rates set by such ordinances shall be such that reasonable estimates or revenues from1006
such levy shall at least be sufficient, together with other anticipated revenues, fund balances1007
and applicable reserves, to equal the total amount appropriated for each of the several funds1008
set forth in the annual operating budget for defraying the expenses of the general government1009
of this city.1010
SECTION 6.28.1011
Changes in appropriations.1012
The mayor and city council by ordinance may make changes in the appropriations contained1013
in the current operating budget, at any regular meeting, special or emergency meeting called1014
for such purpose, but any additional appropriations may be made only from an existing1015
unexpended surplus.1016
SECTION 6.29.1017
Capital budget.1018
(a) On or before the date fixed by the mayor and city council but no later than 60 days prior1019
to the beginning of each fiscal year, the city manager shall submit to the mayor and city1020
council a proposed capital improvements plan with a recommended capital budget containing1021
the means of financing the improvements proposed for the ensuing fiscal year. The mayor1022
and city council shall have power to accept, with or without amendments, or reject the1023
proposed plan and proposed budget. The mayor and city council shall not authorize an1024
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expenditure for the construction of any building, structure, work or improvement, unless the
1025
appropriations for such project are included in the capital budget, except to meet a public1026
emergency as provided in Section 2.25.1027
(b) The mayor and city council shall adopt the final capital budget for the ensuing fiscal year1028
not later than the third Thursday of June each year. No appropriation provided for in a prior1029
capital budget shall lapse until the purpose for which the appropriation was made shall have1030
been accomplished or abandoned; provided, however, the city manager may submit1031
amendments to the capital budget at any time during the fiscal year, accompanied by1032
recommendations. Any such amendments to the capital budget shall become effective only1033
upon adoption.1034
SECTION 6.30.1035
Independent audit.1036
There shall be an annual independent audit of all city accounts, funds and financial1037
transactions by a certified public accountant selected by the mayor and city council. The1038
audit shall be conducted according to generally accepted auditing principles. Any audit of1039
any funds by the state or federal governments may be accepted as satisfying the requirements1040
of this charter. Copies of annual audit reports shall be available at printing costs to the1041
public.1042
SECTION 6.31.1043
Contracting procedures.1044
No contract with the city shall be binding on the city unless:1045
(1) It is in writing; and1046
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(2) It is made or authorized by the mayor and city council and such approval is entered in
1047
the official minutes of the city council meeting.1048
SECTION 6.32.1049
Centralized purchasing.1050
The mayor and city council shall by ordinance prescribe procedures for a system of1051
centralized purchasing for the city.1052
SECTION 6.33.1053
Sale and lease of city property.1054
(a) The mayor and city council may sell and convey, or lease any real or personal property1055
owned or held by the city for governmental or other purposes as now or hereafter provided1056
by law.1057
(b) The mayor and city council may quitclaim any rights it may have in property not needed1058
for public purposes upon report by the city manager and adoption of a resolution, both1059
finding that the property is not needed for public or other purposes and that the interest of the1060
city has no readily ascertainable monetary value.1061
(c) Whenever in opening, extending or widening any street, avenue, alley or public place of1062
the city, a small parcel or tract of land is cut off or separated by such work from a larger tract1063
or boundary of land owned by the city, the mayor and city council may authorize the city1064
manager to sell and convey said cut off or separated parcel or tract of land to an abutting or1065
adjoining property owner or owners where such sale and conveyance facilitates the1066
enjoyment of the highest and best use of the abutting owner's property. Included in the sales1067
contract shall be a provision for the rights of way of said street, avenue, alley or public place. 1068
Each abutting property owner shall be notified of the availability of the property and given1069
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the opportunity to purchase said property under such terms and conditions as set out by
1070
ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered1071
shall convey all title and interest the city has in such property, notwithstanding the fact that1072
no public sale after advertisement was or is hereafter made.1073
ARTICLE VII1074
GENERAL PROVISIONS1075
SECTION 7.10.1076
Bonds for officials.1077
The officers and employees of this city, both elective and appointive, shall execute such1078
surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor1079
and city council shall from time to time require by ordinance or as may be provided by law.1080
SECTION 7.11.1081
Prior ordinances.1082
All ordinances, resolutions, rules and regulations now in force in the city not inconsistent1083
with this charter are hereby declared valid and of full effect and force until amended or1084
repealed by the mayor and city council including, but not limited to, those presently codified,1085
the same being affirmed by this charter.1086
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SECTION 7.12.
1087
Existing personnel and officers.1088
Except as specifically provided otherwise by this charter, all personnel and officers of the1089
city and their rights, privileges and powers shall continue beyond the time this charter takes1090
effect as if the personnel and officers were appointed, hired, or elected under this charter.1091
SECTION 7.13.1092
Pending matters.1093
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1094
contracts, and legal or administrative proceedings shall continue and any such ongoing work1095
or cases shall be completed by such city agencies, personnel, or offices as may be provided1096
by the mayor and city council.1097
SECTION 7.14.1098
Construction.1099
(a) Section captions in this charter are informative only and are not to be considered as a part1100
thereof.1101
(b) The word "shall" is mandatory and the word "may" is permissive.1102
(c) The singular shall include the plural, the masculine shall include the feminine, and vice1103
versa.1104
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SECTION 7.15.
1105
Severability.1106
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1107
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1108
or impair other parts of this charter unless it clearly appears that such other parts are wholly1109
and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1110
legislative intent in enacting this charter that each article, section, subsection, paragraph,1111
sentence, or part thereof be enacted separately and independent of each other.1112
SECTION 7.16.1113
Specific repealer.1114
An Act incorporating the City of Brooklet in the County of Bulloch, approved May 17, 20041115
(Ga. Laws 2004, p. 3989), is hereby repealed in its entirety and all amendatory acts thereto1116
are likewise repealed in their entirety.1117
SECTION 7.17.1118
General repealer.1119
All other laws and parts of laws in conflict with this Act are repealed.1120
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