Georgia 2023-2024 Regular Session

Georgia House Bill HB1451 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 47 2896~~/AP~~
2		-	House Bill 1451 ~~(AS PASSED HOUSE AND SENATE)~~
	1	+	24 LC 47 2896
	2	+	House Bill 1451
3	3		By: Representative Franklin of the 160
4	4		th
5	5
6	6		A BILL TO BE ENTITLED
7	7		AN ACT
8	8		To provide a new charter for the City of Brooklet; to provide for incorporation, boundaries,
9	9		1
10	10		and powers of the city; to provide for the exercise of powers and limitations on powers; to2
11	11		provide for a governing authority of such city and the powers, duties, authority, prohibitions,3
12	12		elections, terms, removal from office, method of filling vacancies, compensation, expenses,4
13	13		and qualifications; to provide for conflict of interest and holding other offices; to provide for5
14	14		inquiries and investigations; to provide for organization and meeting procedures; to provide6
15	15		for ordinances; to provide for eminent domain; to provide for codes; to provide for the office7
16	16		of mayor and certain duties and powers relative to the office of mayor; to provide for a8
17	17		mayor pro tempore; to provide for a city manager; to provide for administrative9
18	18		responsibilities; to provide for boards, commissions, and authorities; to provide for a city10
19	19		attorney, city clerk, and other personnel; to provide for the establishment of a municipal court11
20	20		and the judge or judges thereof; to provide for practices and procedures; to provide for12
21	21		taxation, permits, and fees; to provide for franchises, service charges, and assessments; to13
22	22		provide for bonded and other indebtedness; to provide for accounting and budgeting; to14
23	23		provide for contracting and purchasing; to provide for sale of city property; to provide for15
24	24		bonds for officials; to provide for pending matters; to provide for definitions and16
25	25		construction; to provide for severability; to provide for related matters; to repeal specific17
26	26		Acts; to repeal conflicting laws; and for other purposes.18
27	27		H. B. 1451
28		-	- 1 - 24 LC 47 2896~~/AP~~
	28	+	- 1 - 24 LC 47 2896
29	29		ARTICLE I
30	30		19
31	31		INCORPORATION AND POWERS20
32	32		SECTION 1.10.21
33	33		Name.22
34	34		The city and the inhabitants thereof are reincorporated by the enactment of this charter and23
35	35		are hereby constituted and declared a body politic and corporate under the name and style24
36	36		the City of Brooklet, Georgia, and by that name shall have perpetual succession.25
37	37		SECTION 1.11.26
38	38		Corporate boundaries.27
39	39		(a) The boundaries of the city shall be those existing on the effective date of this charter with28
40	40		such alterations as may be made from time to time in the manner provided by law. The29
41	41		boundaries of this city at all times shall be shown on a map, a written description or any30
42	42		combination thereof, to be retained permanently in the office of city clerk, or alternatively,31
43	43		in the office of the zoning administrator, and to be designated, as the case may be: "Official32
44	44		Map of the corporate limits/zoning classifications of the City of Brooklet, Georgia."33
45	45		Photographic, typed, or other copies of such map or description certified by the city clerk34
46	46		shall be admitted as evidence in all courts and shall have the same force and effect as with35
47	47		the original map or description.36
48	48		(b) The mayor and city council may provide for the redrawing of any such map by ordinance37
49	49		to reflect lawful changes in the corporate boundaries or changes in zoning classifications. 38
50	50		All such modifications shall be noted on such map by the zoning administrator. A redrawn39
51	51		map shall supersede for all purposes the entire map or maps which it is designated to replace.40
52	52		H. B. 1451
53		-	- 2 - 24 LC 47 2896~~/AP~~
	53	+	- 2 - 24 LC 47 2896
54	54		SECTION 1.12.
55	55		41
56	56		Powers and construction.42
57	57		(a) The city shall have all powers possible for a municipality to have under the present or43
58	58		future Constitution and laws of this state as fully and completely as though they were44
59	59		specifically enumerated in this charter. The city shall have all the powers of self-government45
60	60		not otherwise prohibited by this charter or by general law.46
61	61		(b) The powers of the city shall be construed liberally in favor the city. The specific47
62	62		mention or failure to mention particular powers shall not be construed as limiting in any way48
63	63		the powers of this city.49
64	64		SECTION 1.13.50
65	65		Examples of powers.51
66	66		(a) Animal regulations. To regulate and license or to prohibit the keeping or running at large52
67	67		of animals and fowl, and to provide for the impoundment of same if in violation of any53
68	68		ordinance or lawful order; to provide for the disposition by sale, gift or humane destruction54
69	69		of animals and fowl when not redeemed as provided by ordinance; and to provide55
70	70		punishment for violation of ordinances enacted hereunder.56
71	71		(b) Appropriations and expenditures. To make appropriations for the support of the57
72	72		government of the city; to authorize the expenditure of money for any purposes authorized58
73	73		by this charter and for any purpose for which a municipality is authorized by the laws of the59
74	74		State of Georgia; and to provide for the payment of expenses of the city.60
75	75		(c) Building regulation. To regulate and to license the erection and construction of buildings61
76	76		and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and62
77	77		heating and air conditioning codes; and to regulate all housing, and building trades.63
78	78		H. B. 1451
79		-	- 3 - 24 LC 47 2896~~/AP~~
	79	+	- 3 - 24 LC 47 2896
80	80		(d) Business regulation and taxation. To levy and to provide for the collection of regulatory
81	81		64
82	82		fees and taxes on privileges, occupations, trades and professions as authorized by Title 4865
83	83		of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit66
84	84		and regulate the same; to provide for the manner and method of payment of such regulatory67
85	85		fees and taxes; and to revoke such permits after due process for failure to pay any city taxes68
86	86		or fees.69
87	87		(e) Condemnation. To condemn property, inside or outside the corporate limits of the city,70
88	88		for present or future use and for any corporate purpose deemed necessary by the governing71
89	89		authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other72
90	90		applicable laws as are or may hereafter be enacted.73
91	91		(f) Contracts. To enter into contracts and agreements with other governmental entities and74
92	92		with private persons, firms and corporations.75
93	93		(g) Emergencies. To establish procedures for determining and proclaiming that an76
94	94		emergency situation exists within or without the city, and to make and carry out all77
95	95		reasonable provisions deemed necessary to deal with or meet such an emergency for the78
96	96		protection, safety, health or well-being of the citizens of the city.79
97	97		(h) Environmental protection. To protect and preserve the natural resources, environment80
98	98		and vital areas of the city, the region, and the state through the preservation and improvement81
99	99		of air quality, the restoration and maintenance of water resources, the control of erosion and82
100	100		sedimentation, the management of stormwater and establishment of a stormwater utility, the83
101	101		management of solid and hazardous waste, and other necessary actions for the protection of84
102	102		the environment.85
103	103		(i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge86
104	104		or restrict the same; to prescribe fire safety regulations not inconsistent with general law,87
105	105		relating to both fire prevention and detection and to fire fighting; and to prescribe penalties88
106	106		and punishment for violations thereof.89
107	107		H. B. 1451
108		-	- 4 - 24 LC 47 2896~~/AP~~
	108	+	- 4 - 24 LC 47 2896
109	109		(j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and
110	110		90
111	111		disposal, and other sanitary service charge, tax, or fee for such services as may be necessary91
112	112		in the operation of the city from all individuals, firms, and corporations residing in or doing92
113	113		business therein benefiting from such services; to enforce the payment of such charges, taxes93
114	114		or fees; and to provide for the manner and method of collecting such service charges.94
115	115		(k) General health, safety and welfare. To define, regulate and prohibit any act, practice,95
116	116		conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and96
117	117		safety of the inhabitants of the city, and to provide for the enforcement of such standards.97
118	118		(l) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any98
119	119		purpose related to powers and duties of the city and the general welfare of its citizens, on99
120	120		such terms and conditions as the donor or grantor may impose.100
121	121		(m) Health and sanitation. To prescribe standards of health and sanitation and to provide101
122	122		for the enforcement of such standards.102
123	123		(n) Jail sentences. To provide that persons given jail sentences in the municipal court may103
124	124		work out such sentences in any public works or on the streets, roads, drains and other public104
125	125		property in the city, to provide for commitment of such persons to any jail, to provide for the105
126	126		use of pretrial diversion and any alternative sentencing allowed by law, or to provide for106
127	127		commitment of such persons to any county work camp or county jail by agreement with the107
128	128		appropriate county officials.108
129	129		(o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over109
130	130		all traffic, including parking upon or across the streets, roads, alleys and walkways of the110
131	131		city.111
132	132		(p) Municipal agencies and delegation of power. To create, alter or abolish departments112
133	133		boards, offices, commissions and agencies of the city, and to confer upon such agencies the113
134	134		necessary and appropriate authority for carrying out all the powers conferred upon or114
135	135		delegated to the same.115
136	136		H. B. 1451
137		-	- 5 - 24 LC 47 2896~~/AP~~
	137	+	- 5 - 24 LC 47 2896
138	138		(q) Municipal debts. To appropriate and borrow money for the payment of debts of the city
139	139		116
140	140		and to issue bonds for the purpose of raising revenue to carry out any project, program or117
141	141		venture authorized by this charter or the laws of the State of Georgia.118
142	142		(r) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or119
143	143		otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or120
144	144		outside the property limits of the city.121
145	145		(s) Municipal property protection. To provide for the preservation and protection of122
146	146		property and equipment of the city, and the administration and use of same by the public; and123
147	147		to prescribe penalties and punishment for violations thereof.124
148	148		(t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell and dispose of125
149	149		public utilities, including, but not limited to, a system of waterworks, sewers and drains,126
150	150		sewage disposal, stormwater management, gas works, electric light plants, cable television127
151	151		and other telecommunications, transportation facilities, public airports, and any other public128
152	152		utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties,129
153	153		and to provide for the withdrawal of service for refusal or failure to pay the same.130
154	154		(u) Nuisance. To define a nuisance and provide for its abatement whether on public or131
155	155		private property.132
156	156		(v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the133
157	157		authority of this charter and the laws of the State of Georgia.134
158	158		(w) Planning and zoning. To provide comprehensive city planning for development by135
159	159		zoning; and to provide subdivision regulation and the like as the mayor and city council136
160	160		deem necessary and reasonable to insure a safe, healthy, and aesthetically pleasing137
161	161		community.138
162	162		(x) Police and fire protection. To exercise the power of arrest through duly appointed police139
163	163		officers, and to establish, operate, or contract for a police and a firefighting agency.140
164	164		(y) Public hazards: removal. To provide for the destruction and removal of any building141
165	165		or other structure which is or may become dangerous or detrimental to the public.142
166	166		H. B. 1451
167		-	- 6 - 24 LC 47 2896~~/AP~~
	167	+	- 6 - 24 LC 47 2896
168	168		(z) Public improvements. To provide for the acquisition, construction, building, operation
169	169		143
170	170		and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries,144
171	171		markets and market houses, public buildings, libraries, public housing, airports, hospitals,145
172	172		terminals, docks, parking facilities, or charitable, cultural, educational, recreational,146
173	173		conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies147
174	174		and facilities; and to provide any other public improvements, inside or outside the corporate148
175	175		limits of the city; to regulate the use of public improvements; and for such purposes, property149
176	176		may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable150
177	177		laws as are or may hereafter be enacted.151
178	178		(aa) Public peace. To provide for the prevention and punishment of loitering, disorderly152
179	179		conduct, drunkenness, riots, and public disturbances.153
180	180		(bb) Public transportation. To organize and operate such public transportation systems as154
181	181		are deemed beneficial.155
182	182		(cc) Public utilities and services. To grant franchises or make contracts for, or impose taxes156
183	183		on public utilities and public service companies; and to prescribe the rates, fares, regulations157
184	184		and standards and conditions of service applicable to the service to be provided by the158
185	185		franchise grantee or contractor, insofar as not in conflict with valid regulations of the public159
186	186		service commission.160
187	187		(dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal,161
188	188		and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other162
189	189		structures or obstructions upon or adjacent to the rights of way of streets and roads or within163
190	190		view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and164
191	191		punishment for violation of such ordinances.165
192	192		(ee) Retirement. To provide and maintain a retirement plan and other employee benefit166
193	193		plans and programs for officers and employees of the city.167
194	194		(ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of,168
195	195		abandon or close, construct, pave, curb, gutter, adorn with share trees, or otherwise improve,169
196	196		H. B. 1451
197		-	- 7 - 24 LC 47 2896~~/AP~~
	197	+	- 7 - 24 LC 47 2896
198	198		maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within
199	199		170
200	200		the corporate limits of the city; and to grant franchises and rights of way throughout the171
201	201		streets and roads, and over the bridges and viaducts for the use of public utilities; and to172
202	202		require real estate owners to repair and maintain in a safe condition the sidewalks adjoining173
203	203		their lots or lands, and to impose penalties for failure to do so.174
204	204		(gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,175
205	205		constructing, equipping, operating, maintaining and extending of a sewage disposal plant and176
206	206		sewerage system, and to levy on those to whom sewers and sewerage systems are made177
207	207		available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to178
208	208		provide for the manner and method of collecting such service charges and for enforcing179
209	209		payment of the same; and to charge, impose and collect a sewer connection fee or fees to180
210	210		those connected with the system.181
211	211		(hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish and182
212	212		refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others;183
213	213		and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other184
214	214		recyclable materials, and to provide for the sale of such items.185
215	215		(ii) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture186
216	216		and sale of intoxicating liquors; to regulate the transportation, storage and use of187
217	217		combustible, explosive and inflammable materials, the use of lighting and heating equipment,188
218	218		and any other business or situation which may be dangerous to persons or property; to189
219	219		regulate and control the conduct of peddlers and itinerant traders, theatrical performances,190
220	220		exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional191
221	221		fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores to certain192
222	222		areas.193
223	223		(jj) Special assessments. To levy and provide for the collection of special assessments to194
224	224		cover the costs for any public improvements.195
225	225		H. B. 1451
226		-	- 8 - 24 LC 47 2896~~/AP~~
	226	+	- 8 - 24 LC 47 2896
227	227		(kk) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and
228	228		196
229	229		collection of taxes on all property subject to taxation.197
230	230		(ll) Taxes: other. To levy and collect such other taxes as may be allowed now or in the198
231	231		future by law.199
232	232		(mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the200
233	233		number of such vehicles; to require the operators thereof to be licensed; to require public201
234	234		liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to202
235	235		regulate the parking of such vehicles.203
236	236		(nn) Urban redevelopment. To organize and operate an urban redevelopment program.204
237	237		(oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges and205
238	238		immunities necessary or desirable to promote or protect the safety, health, peace, security,206
239	239		good order, comfort, convenience, or general welfare of the city and its inhabitants; and to207
240	240		exercise all implied powers necessary or desirable to carry into execution all powers granted208
241	241		in this charter as fully and completely as if such powers were fully stated herein; and to209
242	242		exercise all powers now or in the future authorized to be exercised by other municipal210
243	243		governments under other laws of the State of Georgia; and no listing of particular powers of211
244	244		this charter shall be held to be exclusive of others, nor restrictive of general words and212
245	245		phrases granting powers, but shall be held to be in addition to such powers unless expressly213
246	246		prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.214
247	247		(pp) Advertising and promotion of city. To advertise and promote the advantages of the215
248	248		city, and to encourage and promote tourism and positive exposure for the city, in such216
249	249		manner that shall be determined by the mayor and council of the city, including, but not217
250	250		limited to, the promotion and sponsorship of festivals and parades within the city, and to218
251	251		appropriate funds for such purposes.219
252	252		H. B. 1451
253		-	- 9 - 24 LC 47 2896~~/AP~~
	253	+	- 9 - 24 LC 47 2896
254	254		SECTION 1.14.
255	255		220
256	256		Exercise of powers.221
257	257		All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or222
258	258		employees shall be carried into execution as provided by this charter. If this charter makes223
259	259		no provision, such shall be carried into execution as provided by ordinance or as provided224
260	260		by pertinent laws of the State of Georgia.225
261	261		ARTICLE II226
262	262		GOVERNMENT STRUCTURE227
263	263		SECTION 2.10.228
264	264		Mayor and city council creation; number; election.229
265	265		The municipal government of the City of Brooklet shall consist of the mayor and five230
266	266		councilmembers who are constituted a body corporate under the name and style of the231
267	267		"Mayor and City Council of Brooklet", and by such name they shall have perpetual232
268	268		succession.233
269	269		SECTION 2.11.234
270	270		Terms and qualifications for office.235
271	271		(a) The mayor and councilmembers shall serve for terms of four years and until their236
272	272		respective successors are duly elected and qualified. No person shall be eligible to serve as237
273	273		councilmember unless he or she has been a resident of the city for 12 months immediately238
274	274		preceding the election. The mayor and each member of the city council shall continue to239
275	275		H. B. 1451
276		-	- 10 - 24 LC 47 2896~~/AP~~
	276	+	- 10 - 24 LC 47 2896
277	277		reside within the city during his or her entire term of office and shall be registered and
278	278		240
279	279		qualified to vote in the municipal elections of the city.241
280	280		(b) Persons qualifying for the office of councilmember must have attained the age of 18242
281	281		years.243
282	282		(c) Persons qualifying for the office of mayor must have attained the age of 18 years and244
283	283		must have been a resident of the City of Brooklet for at least 12 months.245
284	284		SECTION 2.12.246
285	285		Designation of council posts.247
286	286		(a) In order to provide for the staggered election of councilmembers, the city council is248
287	287		hereby divided into five councilmember posts: The position presently occupied by249
288	288		Councilman Hubert Keith Roughton is hereby designated councilmember Post No. 1. The250
289	289		position presently occupied by Councilman Bradley Anderson is hereby designated251
290	290		councilmember Post No. 2. The position presently occupied by Councilman Rebecca Kelly252
291	291		is hereby designated councilmember Post No. 3. The position presently occupied by253
292	292		Councilman James Harrison is hereby designated councilmember Post No. 4. The position254
293	293		presently occupied by Councilman Johnathan Graham is hereby designated councilmember255
294	294		Post No. 5.256
295	295		(b) Elections shall be held in the year 2025 and thereafter every four years for the mayor and257
296	296		the councilmembers for Posts 1 and 2, such individuals to be elected for four-year terms of258
297	297		office. Elections shall be held in the year 2027 and thereafter every four years for259
298	298		councilmembers for Posts 3, 4, and 5, such individuals to be elected for four-year terms of260
299	299		office.261
300	300		H. B. 1451
301		-	- 11 - 24 LC 47 2896~~/AP~~
	301	+	- 11 - 24 LC 47 2896
302	302		SECTION 2.13.
303	303		262
304	304		Oath of office.263
305	305		The oath of office to be administered to newly elected members of council and the mayor264
306	306		shall be as follows:265
307	307		"I do solemnly swear or affirm that:266
308	308		I will faithfully execute the office of ________________________ of the City of Brooklet,267
309	309		and to the best of my ability support and defend the Constitution of the United States, the268
310	310		Constitution of Georgia, and the charter, ordinances, and regulations of the City of269
311	311		Brooklet.270
312	312		I am not the holder of any unaccounted for public money due this state or any political271
313	313		subdivision or authority thereof;272
314	314		I am not the holder of any office of trust under the government of the United States, any273
315	315		other state, or any foreign state which by the laws of the State of Georgia I am prohibited274
316	316		from holding;275
317	317		I am otherwise qualified to hold said office according to the Constitution and laws of276
318	318		Georgia;277
319	319		I have been a resident of the City of Brooklet for the time required by the Constitution and278
320	320		the laws of this state;279
321	321		I will perform the duties of my office in the best interest of the City of Brooklet and to the280
322	322		best of my ability without fear, favor, affection, reward or expectation thereof."281
323	323		H. B. 1451
324		-	- 12 - 24 LC 47 2896~~/AP~~
	324	+	- 12 - 24 LC 47 2896
325	325		SECTION 2.14.
326	326		282
327	327		Vacancy declared in office of mayor and council if officer283
328	328		changes residency to one outside city.284
329	329		The mayor and each member of the city council shall reside within the corporate limits of the285
330	330		city during their terms of office. If any officer changes residency to one outside of the city,286
331	331		such office shall be declared vacant.287
332	332		SECTION 2.15.288
333	333		Filling vacancy in office of mayor, member of council.289
334	334		(a) In case of a vacancy in the office of mayor or councilmember caused by death,290
335	335		resignation, failure to elect, or removal of residency, or for any other reason, the city will291
336	336		hold an election to elect a mayor or councilmember for the unexpired term, in accordance292
337	337		with Title 21, Chapter 2, of the O.C.G.A., the "Georgia Election Code."293
338	338		(b) The mayor and councilmembers elected as provided in this section shall take the oath of294
339	339		office prescribed in Section 2.13 before entering upon the duties of office.295
340	340		SECTION 2.16.296
341	341		Mayor pro tempore; selection, function, duties.297
342	342		The city council shall, at its first meeting after election and qualification, elect one of its298
343	343		members as mayor pro tempore, who shall, in the absence or disqualification of the mayor,299
344	344		be the presiding officer of the city council, shall be allowed to vote on all questions, and300
345	345		shall, in the absence or disqualification of the mayor, exercise all the functions of the office301
346	346		of mayor; and all the duties, powers, rights, and privileges conferred by this charter upon the302
347	347		mayor.303
348	348		H. B. 1451
349		-	- 13 - 24 LC 47 2896~~/AP~~
	349	+	- 13 - 24 LC 47 2896
350	350		SECTION 2.17.
351	351		304
352	352		Meetings, minutes, proceedings of council.305
353	353		(a) The city council shall be presided over at its meetings by the mayor or, in his or her306
354	354		absence, by the mayor pro tempore. Three councilmembers shall constitute a quorum and307
355	355		shall be authorized to transact the business of the council. In the event vacancies in office308
356	356		result in less than a quorum of councilmembers holding office, then the remaining309
357	357		councilmembers in office shall constitute a quorum and shall be authorized to transact the310
358	358		business of the mayor and city council. A vote of a majority of the remaining311
359	359		councilmembers shall be required for the adoption of any ordinance, resolution, or motion. 312
360	360		The mayor and city council shall cause to be kept in a well-bound book an accurate record313
361	361		of all its proceedings, by-laws, acts, orders, ordinances, and resolutions, which book shall be314
362	362		fully indexed and open to the public. The mayor and city council shall hold monthly,315
363	363		semi-monthly, or weekly sessions as it may determine, and the mayor, mayor pro tempore,316
364	364		or three councilmembers may cause to be held such other and additional meetings as317
365	365		emergencies may, in their discretion, require.318
366	366		(b) The mayor and city council shall have power and authority to enact such ordinances from319
367	367		time to time as it may deem necessary to enforce the provisions of this charter. Voting on320
368	368		the adoption of ordinances shall be taken by a voice vote and shall be recorded in the official321
369	369		minutes, but any councilmember shall have the right to request a roll-call vote. The322
370	370		affirmative vote of a majority of the members present shall be required for the adoption of323
371	371		any ordinance, resolution, or motion, except as otherwise provided in this charter.324
372	372		(c) The mayor and city council shall hold regular meetings at such times and places as325
373	373		prescribed by ordinance. Unless otherwise modified by ordinance, the regularly scheduled326
374	374		monthly meeting of the mayor and city council shall be at 7:00 P.M. on the third Thursday327
375	375		of each month. Regular monthly meetings may be rescheduled in the event of conflicts or328
376	376		other circumstances.329
377	377		H. B. 1451
378		-	- 14 - 24 LC 47 2896~~/AP~~
	378	+	- 14 - 24 LC 47 2896
379	379		(d) Special meetings of the mayor and city council may be held on call of the mayor or a
380	380		330
381	381		majority of councilmembers. Notice of such special meetings shall be served on all other331
382	382		members personally, or by telephone personally, at least 48 hours in advance of the meeting.332
383	383		Such notice to councilmembers shall not be required of the mayor and all councilmembers333
384	384		who are present when the special meeting is called. Such notice of any special meeting may334
385	385		be waived by a councilmember or mayor in writing before or after such a meeting, and335
386	386		attendance at the meeting shall also constitute a waiver of notice on any business transacted336
387	387		in such councilmember's or mayor's presence. Only the business stated in the call may be337
388	388		transacted at the special meeting.338
389	389		(e) All meetings of the mayor and city council shall be public to the extent required by law339
390	390		and notice to the public of special meetings shall be made fully as is reasonably possible 24340
391	391		hours prior to such meetings.341
392	392		(f) Executive sessions of the mayor and city council may be held for the purpose of342
393	393		conducting business excepted from public access requirements as authorized in Chapter 14343
394	394		of Title 50 of the O.C.G.A., presently in effect, or as may hereafter be amended. Where a344
395	395		meeting of the mayor and city council is devoted in part to matters within the authorized345
396	396		exceptions to public access requirements, any portion of the meeting not subject to any such346
397	397		exceptions shall be open to the public. No executive session shall be held except pursuant347
398	398		to a majority affirmative vote of the mayor and city council taken in a public meeting. The348
399	399		minutes of the public meeting shall reflect the names of the mayor and city councilmembers349
400	400		present, those voting for the executive session and the specific reasons for the executive350
401	401		session. Minutes of the executive session may be maintained by the city clerk upon a351
402	402		majority vote of the mayor and city council. Any such minutes shall be maintained in a352
403	403		confidential file and shall not be subject to disclosure, except that disclosures of such353
404	404		portions of minutes identifying real estate to be acquired by the mayor and city council may354
405	405		only be delayed until such time as the acquisition of the real estate has been completed,355
406	406		terminated, or abandoned or court proceedings have been initiated.356
407	407		H. B. 1451
408		-	- 15 - 24 LC 47 2896~~/AP~~
	408	+	- 15 - 24 LC 47 2896
409	409		(g) All councilmembers except the mayor shall have one vote each. As noted in
410	410		357
411	411		Section 2.18, the mayor shall have one vote if and only if there is a tie in the votes of the358
412	412		other councilmembers.359
413	413		(h) It shall be optional for the mayor and city council to have posted any measure, ordinance,360
414	414		or resolution at such place in the city as it may direct, for the information of the public, or361
415	415		it may have the same published in any newspaper of the city, but failure to so post or publish362
416	416		any ordinance, measure, or resolution shall in no wise operate to render same void.363
417	417		SECTION 2.18.364
418	418		Mayor.365
419	419		(a) The mayor is responsible for the orderly conduct of the meetings. In order to fulfill this366
420	420		duty, the mayor must enforce the rules of procedure that are adopted by the mayor and city367
421	421		council. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor368
422	422		may not introduce motions or second a motion except that the mayor may introduce or369
423	423		second a motion to go into executive session.370
424	424		(b) The mayor shall not vote except in the case of a tie vote among the councilmembers, the371
425	425		mayor may then vote to break the tie. The mayor shall propose appointments to various372
426	426		boards, authorities, councils, and committees, which appointments must be subsequently373
427	427		ratified by majority of the city council, all subject to statutes of general application.374
428	428		(c) The mayor shall:375
429	429		(1) Preside at all meetings of the mayor and city council;376
430	430		(2) Be the head of the city for the purpose of service of process and for ceremonial377
431	431		purposes, and be the official spokesperson for the city and the chief advocate of policy;378
432	432		(3) Have power to administer oaths and to take affidavits; and379
433	433		H. B. 1451
434		-	- 16 - 24 LC 47 2896~~/AP~~
	434	+	- 16 - 24 LC 47 2896
435	435		(4) Sign as a matter of course on behalf of the city all written and approved contracts,
436	436		380
437	437		ordinances, and other instruments executed by the city which by law are required to be in381
438	438		writing.382
439	439		SECTION 2.19.383
440	440		Compensation and expenses.384
441	441		The mayor and councilmembers shall receive compensation and expenses for their services385
442	442		as provided by ordinance.386
443	443		SECTION 2.20.387
444	444		Conflicts of interest; holding other offices; nepotism.388
445	445		(a) Elected and appointed officers of the city are trustees and servants of the residents of the389
446	446		city and shall act in a fiduciary capacity for the benefit of such residents.390
447	447		(b) No elected official, appointed officer, or employee of the city or any agency or political391
448	448		entity to which this charter applies shall knowingly:392
449	449		(1) Engage in any business or transaction, or have a financial or other personal interest,393
450	450		direct or indirect, which is incompatible with the proper discharge of that person's official394
451	451		duties or which would tend to impair the independence of the official's judgment or action395
452	452		in the performance of those official duties;396
453	453		(2) Engage in or accept private employment, or render services for private interests when397
454	454		such employment or service is incompatible with the proper discharge of that person's398
455	455		official duties or would tend to impair the independence of the official's judgment or action399
456	456		in the performance of those official duties;400
457	457		(3) Disclose confidential information, including information obtained at meetings which401
458	458		are closed pursuant to Title 50, Chapter 14 of the O.C.G.A., concerning the property,402
459	459		H. B. 1451
460		-	- 17 - 24 LC 47 2896~~/AP~~
	460	+	- 17 - 24 LC 47 2896
461	461		government, or affairs of the governmental body by which the official is engaged without
462	462		403
463	463		proper legal authorization; or use such information to advance the financial or other private404
464	464		interest of the official or others;405
465	465		(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from406
466	466		any person, firm or corporation which to the official's knowledge is interested, directly or407
467	467		indirectly, in any manner whatsoever, in business dealings with the governmental body by408
468	468		which the official is engaged; provided, however, that an elected official who is a candidate409
469	469		for public office may accept campaign contributions and services in connection with any410
470	470		such campaign;411
471	471		(5) Represent other private interests in any action or proceeding against this city or any412
472	472		portion of its government; or413
473	473		(6) Vote or otherwise participate in the negotiation or in the making of any contract with414
474	474		any business or entity in which the official has a financial interest.415
475	475		(c) Any elected official, appointed officer, or employee who shall have any financial416
476	476		interest, directly or indirectly, in any contract or matter pending before or within any417
477	477		department of the city shall disclose such interest to the mayor and city council. The mayor418
478	478		or any councilmember who has a financial interest in any matter pending before the mayor419
479	479		and city council shall disclose such interest and such disclosure shall be entered on the420
480	480		records of the mayor and city council, and that official shall disqualify himself or herself421
481	481		from participating in any decision or vote relating thereto. Any elected official, appointed422
482	482		officer, or employee of any agency or political entity to which this charter applies who shall423
483	483		have any financial interest, directly or indirectly, in any contract or matter pending before or424
484	484		within such entity shall disclose such interest to the governing body of such agency or entity.425
485	485		(d) No elected official, appointed officer, or employee of the city or any agency or entity to426
486	486		which this charter applies shall use property owned by such governmental entity for personal427
487	487		benefit or profit but shall use such property only in their capacity as an officer or employee428
488	488		of the city.429
489	489		H. B. 1451
490		-	- 18 - 24 LC 47 2896~~/AP~~
	490	+	- 18 - 24 LC 47 2896
491	491		(e) Any violation of this section which occurs with the knowledge, express or implied, of
492	492		430
493	493		a party to a contract or sale shall render said contract or sale voidable at the option of the431
494	494		mayor and city council.432
495	495		(f) Except where authorized by law, neither the mayor nor any councilmember shall hold433
496	496		any other elective or appointive office in the city or otherwise be employed by said434
497	497		government or any agency thereof during the term for which that official was elected. No435
498	498		former mayor and no former councilmember shall hold any appointive office in the city until436
499	499		one year after the expiration of the term for which that official was elected.437
500	500		(g) No appointive officer of the city shall continue in such employment upon qualifying as438
501	501		a candidate for nomination or election to any public office. No employee of the city shall439
502	502		continue in such employment upon qualifying for or election to any public office in this city440
503	503		or any other public office which is inconsistent, incompatible or in conflict with the duties441
504	504		of the city employee. Such determination shall be made by the council either immediately442
505	505		upon election or at any time such conflict may arise.443
506	506		(h)(1) Any city officer or employee who knowingly conceals such financial interest or444
507	507		knowingly violates any of the requirements of this section shall be guilty of malfeasance445
508	508		in office or position and shall be deemed to have forfeited that person's office or position.446
509	509		(2) Any officer or employee of the city who shall forfeit an office or position as described447
510	510		in paragraph (1) of this subsection, shall be ineligible for appointment or election to or448
511	511		employment in a position in the city government for a period of three years thereafter.449
512	512		(i) No immediate family member of the mayor and city council shall be employed by the450
513	513		city during the term for which the mayor or councilmember has been elected.451
514	514		H. B. 1451
515		-	- 19 - 24 LC 47 2896~~/AP~~
	515	+	- 19 - 24 LC 47 2896
516	516		SECTION 2.21.
517	517		452
518	518		Inquiries and investigations.453
519	519		The mayor and city council may make inquiries and investigations into the affairs of the city454
520	520		and the conduct of any department, office or agency thereof, and for this purpose may455
521	521		subpoena witnesses, administer oaths, take testimony, and require the production of456
522	522		evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of457
523	523		these powers by the mayor and city council shall be punished as provided by this charter or458
524	524		ordinance.459
525	525		SECTION 2.22.460
526	526		Rules of procedure.461
527	527		(a) In order for the mayor and city council to take any official action on any subject, a462
528	528		councilmember must propose a main motion. A proposed main motion will not be463
529	529		recognized by the mayor until another councilmember agrees to second the motion. This464
530	530		section does not require the councilmember seconding the motion to support the motion. A465
531	531		councilmember may withdraw a main motion that he or she has made at the time before the466
532	532		council has voted on the motion.467
533	533		(b) After the main motion is recognized by the mayor, the mayor and city council shall468
534	534		debate the motion. The debate shall be managed by the mayor in a manner that is fair to all469
535	535		members. During the course of the debate, councilmembers may introduce subsidiary470
536	536		motions that propose that the mayor and city council take a particular action on a motion, i.e.,471
537	537		to postpone indefinitely, amend, refer to committee, and postpone to a time certain.472
538	538		Subsidiary motions require a second before they can be voted on or debated. Motions to473
539	539		recess and adjourn require a second.474
540	540		(c) Voting on motions shall take place in accordance with the following provisions:475
541	541		H. B. 1451
542		-	- 20 - 24 LC 47 2896~~/AP~~
	542	+	- 20 - 24 LC 47 2896
543	543		(1) If debate has been completed and no other councilmember wishes to speak, the mayor
544	544		476
545	545		can call for the vote. If there are no objections, then the mayor can proceed with the vote;477
546	546		or478
547	547		(2) If the mayor calls for the vote and there is an objection, a councilmember may move479
548	548		to vote immediately, "move the previous question." If this motion is seconded and480
549	549		approved by a two-thirds' vote, debate will stop. The mayor will then read the proposed481
550	550		motion to the council and ask for the votes of the councilmembers.482
551	551		SECTION 2.23.483
552	552		Ordinance form; procedures.484
553	553		(a) All ordinances passed subsequent to the current city code which amend, repeal or in any485
554	554		way affect the current city code must be numbered in accordance with the numbering system486
555	555		of the current city code and printed for inclusion herein. In the case of repealed chapters,487
556	556		sections and subsections or any part thereof, by subsequent ordinances, such repealed488
557	557		portions may be excluded from the city code by omission from reprinted pages affected489
558	558		thereby. The subsequent ordinances as numbered and printed are omitted, in the case of490
559	559		repeal, shall be prima facie evidence of such subsequent ordinances until such time that the491
560	560		current city code and subsequent ordinances numbered or omitted are re-adopted as new code492
561	561		by the mayor and city council.493
562	562		(b) Amendments to any of the provisions of the city code may be made by amending such494
563	563		provision by specific reference to the section number of the code in the following language: 495
564	564		"Section _______ of the Code of Ordinances, City of Brooklet, Georgia, is hereby amended496
565	565		to read as follows …" The new section shall then be set out in full as desired.497
566	566		(c) If a new section not heretofore existing in the city code is to be added, the following498
567	567		language may be used: "The Code of Ordinances, City of Brooklet, Georgia is hereby499
568	568		H. B. 1451
569		-	- 21 - 24 LC 47 2896~~/AP~~
	569	+	- 21 - 24 LC 47 2896
570	570		amended by adding Section (or Article or Chapter) to be numbered _________, which
571	571		500
572	572		Section reads as follows …" The new section may then be set out in full as desired.501
573	573		(d) All sections, articles, chapters or provisions desired to be repealed should be specifically502
574	574		repealed by section, article or chapter number, as the case may be.503
575	575		(e) An ordinance may be introduced by any councilmember and be read at a regular or504
576	576		special meeting of the mayor and city council. Ordinances shall be considered and adopted505
577	577		or rejected by the mayor and city council in accordance with the rules which it shall506
578	578		establish; provided, however, an ordinance shall not be adopted the same day it is introduced,507
579	579		except for emergency ordinances provided in Section 2.25. Upon introduction of any508
580	580		ordinance, the city clerk shall as soon as possible distribute a copy to the mayor and to each509
581	581		councilmember and shall file a reasonable number of copies in the office of the clerk at such510
582	582		other public places as the mayor and city council may designate.511
583	583		SECTION 2.24.512
584	584		Action requiring an ordinance.513
585	585		Acts of the mayor and city council which have the force and effect of law shall be enacted514
586	586		by ordinance.515
587	587		SECTION 2.25.516
588	588		Emergencies.517
589	589		To meet a public emergency affecting life, health, property or public peace, the mayor and518
590	590		city council may convene on call of the mayor or three councilmembers and promptly adopt519
591	591		an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a520
592	592		franchise; regulate the rate charged by any public utility for its services; or authorize the521
593	593		borrowing of money except for loans to be repaid within 30 days. An emergency ordinance522
594	594		H. B. 1451
595		-	- 22 - 24 LC 47 2896~~/AP~~
	595	+	- 22 - 24 LC 47 2896
596	596		shall be introduced in the form prescribed for ordinances generally, except that it shall be
597	597		523
598	598		plainly designated as an emergency ordinance and shall contain, after the enacting clause,524
599	599		a declaration stating that an emergency exists, and describing the emergency in clear and525
600	600		specific terms. An emergency ordinance may be adopted, with or without amendment, or526
601	601		rejected at the meeting at which it is introduced, but the affirmative vote of at least527
602	602		three councilmembers shall be required for adoption. It shall become effective upon528
603	603		adoption or at such later time as it may specify. Every emergency ordinance shall529
604	604		automatically stand repealed 30 days following the date upon which it was adopted, but this530
605	605		shall not prevent reenactment of the ordinance in the manner specified in this section if the531
606	606		emergency still exists. An emergency ordinance may also be repealed by adoption of a532
607	607		repealing ordinance in the same manner specified in this section for adoption of emergency533
608	608		ordinances.534
609	609		SECTION 2.26.535
610	610		Code of technical regulations.536
611	611		(a) The mayor and city council may adopt any standard code of technical regulations by537
612	612		reference thereto in an adopting ordinance. The procedure and requirements governing such538
613	613		adopting ordinance shall be as prescribed for ordinances generally except that:539
614	614		(1) The requirements of Section 2.23 for distribution and filing of copies of the ordinance540
615	615		shall be construed to include copies of any code of technical regulations, as well as the541
616	616		adopting ordinance; and542
617	617		(2) A copy of each adopted code of technical regulations, as well as the adopting543
618	618		ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.27.544
619	619		(b) Copies of any adopted code of technical regulations shall be made available by the city545
620	620		clerk for distribution or for purchase at a reasonable price.546
621	621		H. B. 1451
622		-	- 23 - 24 LC 47 2896~~/AP~~
	622	+	- 23 - 24 LC 47 2896
623	623		SECTION 2.27.
624	624		547
625	625		Signing; authenticating; recording; codification; printing.548
626	626		(a) The city clerk shall authenticate by his or her signature and record in full in a properly549
627	627		indexed book kept for that purpose, all ordinances adopted by the mayor and city council.550
628	628		(b) The mayor and city council shall provide for the preparation of a general codification of551
629	629		all the ordinances of the city having the force and effect of law. The general codification552
630	630		shall be adopted by the mayor and city council by ordinance and shall be published promptly,553
631	631		together with all amendments thereto and such codes of technical regulations and other rules554
632	632		and regulations as the mayor and city council may specify. This compilation shall be known555
633	633		and cited officially as the "The Code of the City of Brooklet, Georgia." Copies of the city556
634	634		code shall be furnished to all officers, departments and agencies of the city, and may be made557
635	635		available for purchase by the public at a reasonable price as fixed by the mayor and city558
636	636		council.559
637	637		SECTION 2.28.560
638	638		General power and authority.561
639	639		(a) Except as otherwise provided by law or this charter, the mayor and city council shall be562
640	640		vested with all the powers of government of this city.563
641	641		(b) In addition to all other powers conferred upon it by law, the mayor and city council shall564
642	642		have the authority to adopt and provide for the execution of such ordinances, resolutions,565
643	643		rules, and regulations, not inconsistent with this charter and the Constitution and the laws of566
644	644		the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good567
645	645		order, protection of life and property, health, welfare, sanitation, comfort, convenience,568
646	646		prosperity, or well-being of the inhabitants of the City of Brooklet and may enforce such569
647	647		ordinances by imposing penalties for violation thereof.570
648	648		H. B. 1451
649		-	- 24 - 24 LC 47 2896~~/AP~~
	649	+	- 24 - 24 LC 47 2896
650	650		SECTION 2.29.
651	651		571
652	652		Eminent domain.572
653	653		The mayor and city council are hereby empowered to acquire, construct, operate and573
654	654		maintain public ways, parks, public grounds, cemeteries, markets, market houses, public574
655	655		buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas575
656	656		systems, airports, hospitals, and charitable, educational, recreational, sport, curative,576
657	657		corrective, detentional, penal, and medical institutions, agencies and facilities, and any other577
658	658		public improvements inside or outside the city, and to regulate the use thereof, and for such578
659	659		purposes, property may be condemned under procedures established under general law579
660	660		applicable now or as provided in the future.580
661	661		SECTION 2.30.581
662	662		City manager; appointment; qualifications; compensation.582
663	663		The mayor and city council shall appoint a city manager, also know as "the manager," for an583
664	664		indefinite term and shall fix the manager's compensation. The manager shall be appointed584
665	665		solely on the basis of executive and administrative qualifications.585
666	666		SECTION 2.31.586
667	667		Removal of city manager.587
668	668		(a) The mayor and city council may remove the manager from office in accordance with the588
669	669		following procedures:589
670	670		(1) The mayor and city council shall adopt by affirmative vote of a majority of all its590
671	671		members a preliminary resolution which must state the reasons for removal and may591
672	672		H. B. 1451
673		-	- 25 - 24 LC 47 2896~~/AP~~
	673	+	- 25 - 24 LC 47 2896
674	674		suspend the manager from duty for a period not to exceed 45 days. A copy of the
675	675		592
676	676		resolution shall be delivered promptly to the manager;593
677	677		(2) Within five days after a copy of the resolution is delivered to the manager, the manager594
678	678		may file with the mayor and city council a written request for a public hearing. This595
679	679		hearing shall be held within 30 days after the request is filed. The manager may file with596
680	680		the mayor and city council a written reply not later than five days before the hearing;597
681	681		(3) If the manager has not requested a public hearing within the time specified in598
682	682		paragraph (2) of this subsection, the mayor and city council may adopt a final resolution599
683	683		for removal, which may be made effective immediately, by an affirmative vote of a600
684	684		majority of all its members. If the manager has requested a public hearing, the mayor and601
685	685		city council may adopt a final resolution for removal, which may be made effective602
686	686		immediately, by an affirmative vote of a majority of all its members at any time after the603
687	687		public hearing.604
688	688		(b) The manager may continue to receive a salary until the effective date of a final resolution605
689	689		of removal.606
690	690		SECTION 2.32.607
691	691		Acting city manager.608
692	692		By letter filed with the city clerk, the manager shall designate, subject to approval of the609
693	693		mayor and city council, a qualified city administrative officer to exercise the powers and610
694	694		perform the duties of manager during the manager's temporary absence or physical or mental611
695	695		disability. During such absence or disability, the mayor and city council may revoke such612
696	696		designation at any time and appoint another officer of the city to serve until the manager shall613
697	697		return or the manager's disability shall cease.614
698	698		H. B. 1451
699		-	- 26 - 24 LC 47 2896~~/AP~~
	699	+	- 26 - 24 LC 47 2896
700	700		SECTION 2.33.
701	701		615
702	702		Powers and duties of the city manager.616
703	703		The city manager shall be the chief executive and administrative officer of the city. The617
704	704		manager shall be responsible to the mayor and city council for the administration of all city618
705	705		affairs placed in the manager's charge by or under this charter. As the chief executive and619
706	706		administrative officer, the manager shall:620
707	707		(1) Appoint and, when the manager deems it necessary for the good of the city, suspend621
708	708		or remove all city employees and administrative officers the manager appoints, except as622
709	709		otherwise provided by law or personnel ordinances adopted pursuant to this charter. The623
710	710		manager may authorize any administrative officer who is subject to the manager's direction624
711	711		and supervision to exercise these powers with respect to subordinates in that officer's625
712	712		department, office or agency;626
713	713		(2) Direct and supervise the administration of all departments, offices and agencies of the627
714	714		city, except as otherwise provided by this charter or by law;628
715	715		(3) Attend all mayor and city council meetings except for closed meetings held for the629
716	716		purposes of deliberating on the appointment, discipline or removal of the city manager and630
717	717		have the right to take part in discussion but not vote;631
718	718		(4) See that all laws, provisions of this charter, and acts of the mayor and city council,632
719	719		subject to enforcement by the manager or by officers subject to the manager's direction and633
720	720		supervision, are faithfully executed;634
721	721		(5) Prepare and submit the annual operating budget and capital budget to the mayor and635
722	722		city council;636
723	723		(6) Submit to the mayor and city council and make available to the public a complete637
724	724		report on the finances and administrative activities of the city as of the end of each fiscal638
725	725		year;639
726	726		H. B. 1451
727		-	- 27 - 24 LC 47 2896~~/AP~~
	727	+	- 27 - 24 LC 47 2896
728	728		(7) Make such other reports as the mayor and city council may require concerning the
729	729		640
730	730		operations of city departments, offices and agencies subject to the manager's direction and641
731	731		supervision;642
732	732		(8) Keep the mayor and city council fully advised as to the financial condition and future643
733	733		needs of the city, and make such recommendations to the mayor and city council644
734	734		concerning the affairs of the city as the manager deems desirable; and645
735	735		(9) Perform other such duties as are specified in this charter or as may be required by the646
736	736		mayor and city council.647
737	737		SECTION 2.34.648
738	738		Council interference with administration.649
739	739		Except for the purpose of inquiries and investigations under Section 2.21, the mayor and city650
740	740		council or its members shall deal with city officers and employees who are subject to the651
741	741		direction and supervision of the manager solely through the manager, and neither the mayor652
742	742		and city council nor its members shall give orders to any such officer or employee, either653
743	743		publicly or privately.654
744	744		ARTICLE III655
745	745		ADMINISTRATIVE AFFAIRS656
746	746		SECTION 3.10.657
747	747		Administrative and service departments.658
748	748		(a) Except as otherwise provided in this charter, the mayor and city council, by ordinance,659
749	749		shall prescribe the functions or duties, and establish, abolish, alter, consolidate or leave660
750	750		H. B. 1451
751		-	- 28 - 24 LC 47 2896~~/AP~~
	751	+	- 28 - 24 LC 47 2896
752	752		vacant all nonelective offices, positions of employment, departments and agencies of the city,
753	753		661
754	754		as necessary for the proper administration of the affairs and government of this city.662
755	755		(b) Except as otherwise provided by this charter or by law, the directors of departments and663
756	756		other appointed officers of the city shall be appointed solely on the basis of their respective664
757	757		administrative and professional qualifications.665
758	758		(c) All appointive officers and directors of departments shall receive such compensation as666
759	759		prescribed by ordinance or resolution.667
760	760		(d) There shall be a director of each department or agency who shall be its principal officer. 668
761	761		Each director shall, subject to the direction and supervision of the city manager, be669
762	762		responsible for the administration and direction of the affairs and operations of that director's670
763	763		department or agency.671
764	764		(e) All appointive officers and directors under the supervision of the city manager shall be672
765	765		nominated by the city manager with confirmation of appointment by the mayor and city673
766	766		council. All appointive officers and directors shall be employees at will and subject to674
767	767		removal or suspension at any time by the city manager unless otherwise provided by law or675
768	768		ordinance.676
769	769		SECTION 3.11.677
770	770		Boards, commissions and authorities.678
771	771		(a) The mayor and city council shall create by ordinance such boards, commissions and679
772	772		authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the mayor680
773	773		and city council deem necessary, and shall by ordinance establish the composition, period681
774	774		of existence, duties and powers thereof.682
775	775		(b) All members of boards, commissions and authorities of the city shall be appointed by the683
776	776		mayor and city council for such terms of office and in such manner as shall be provided by684
777	777		H. B. 1451
778		-	- 29 - 24 LC 47 2896~~/AP~~
	778	+	- 29 - 24 LC 47 2896
779	779		ordinance, except where other appointing authority, terms of office, or manner of
780	780		685
781	781		appointment is prescribed by this charter or by law.686
782	782		(c) The mayor and city council, by ordinance, may provide for the compensation and687
783	783		reimbursement for actual and necessary expenses of the members of any board, commission688
784	784		or authority.689
785	785		(d) Except as otherwise provided by charter or by law, no member of any board, commission690
786	786		or authority shall hold any elective office in the city.691
787	787		(e) Any vacancy on a board, commission, or authority of the city shall be filled for the692
788	788		unexpired term in the manner prescribed herein for original appointment, except as otherwise693
789	789		provided by this charter or by law.694
790	790		(f) No member of a board, commission, or authority shall assume office until that person has695
791	791		executed and filed with the city clerk an oath obligating such member to faithfully and696
792	792		impartially perform the duties of that member's office, such oath to be prescribed by697
793	793		ordinance and administered by the mayor.698
794	794		(g) All board members serve at will and may be removed at any time by a vote of three699
795	795		councilmembers unless otherwise provided by law.700
796	796		(h) Except as otherwise provided by this charter or by law, each board, commission or701
797	797		authority of the city shall elect one of its members as chairperson and one member as vice702
798	798		chairperson, and may elect as its secretary one of its own members or may appoint as703
799	799		secretary an employee of the city. Each board, commission or authority of the city704
800	800		government may establish such bylaws, rules and regulations, not inconsistent with this705
801	801		charter, ordinances of the city, or law, as it deems appropriate and necessary for the706
802	802		fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and707
803	803		regulations shall be filed with the city clerk.708
804	804		H. B. 1451
805		-	- 30 - 24 LC 47 2896~~/AP~~
	805	+	- 30 - 24 LC 47 2896
806	806		SECTION 3.12.
807	807		709
808	808		City attorney.710
809	809		The mayor and city council shall appoint a city attorney, together with such assistant city711
810	810		attorneys as may be authorized, and shall provide for the payment of such attorney or712
811	811		attorneys for services rendered to the city. The city attorney shall be responsible for713
812	812		providing for the representation and defense of the city in all litigation in which the city is714
813	813		a party; may be the prosecuting officer in the municipal court; shall attend the meetings of715
814	814		the mayor and city council as directed; shall advise the mayor and city council and other716
815	815		officers and employees of the city concerning legal aspects of the city's affairs; and shall717
816	816		perform such other duties as may be required by virtue of the person's position as city718
817	817		attorney. The city attorney is not a public official of the city and does not take an oath of719
818	818		office. The city attorney shall at all times be an independent contractor. A law firm, rather720
819	819		than an individual, may be designated as the city attorney.721
820	820		SECTION 3.13.722
821	821		City clerk.723
822	822		The city manager shall appoint a city clerk who shall not be a councilmember. The city clerk724
823	823		shall be custodian of the official city seal and city records; maintain city council records725
824	824		required by this charter; and perform such other duties as may be required by the mayor and726
825	825		city council.727
826	826		H. B. 1451
827		-	- 31 - 24 LC 47 2896~~/AP~~
	827	+	- 31 - 24 LC 47 2896
828	828		SECTION 3.14.
829	829		728
830	830		Position classification and pay plans.729
831	831		The city manager shall be responsible for the preparation of a position classification and pay730
832	832		plan which shall be submitted to the mayor and city council for approval. Such plan may731
833	833		apply to all employees of the city and any of its agencies, departments, boards, commissions732
834	834		or authorities. When a pay plan has been adopted, the mayor and city council shall not733
835	835		increase or decrease the salary range applicable to any position except by amendment of such734
836	836		pay plan. For purposes of this section, all elected and appointed city officials are not city735
837	837		employees.736
838	838		SECTION 3.15.737
839	839		At will employer; advisory rules.738
840	840		(a) The City of Brooklet is an at will employer pursuant to Georgia law. Employees may739
841	841		be terminated at any time with or without cause or advance notice by the city manager. Any740
842	842		rules, regulations or ordinances adopted or practiced with respect to due process and741
843	843		discipline are advisory in nature, and shall not create contractual obligations on the part of742
844	844		employees or the city, and shall not alter the at will employment relationship.743
845	845		(b) The mayor and city council are authorized to enact advisory policies and provisions744
846	846		regarding procedures for discipline and due process with respect to city personnel, provided745
847	847		that such policies and procedures shall be advisory only, and shall not alter the at will746
848	848		employment relationship as provided for in this charter.747
849	849		H. B. 1451
850		-	- 32 - 24 LC 47 2896~~/AP~~
	850	+	- 32 - 24 LC 47 2896
851	851		ARTICLE IV
852	852		748
853	853		JUDICIAL BRANCH749
854	854		SECTION 4.10.750
855	855		Creation; name.751
856	856		There shall be a court to be known as the Municipal Court of the City of Brooklet.752
857	857		SECTION 4.11.753
858	858		Judge of the municipal court of the city of Brooklet.754
859	859		(a) The municipal court shall be presided over by the judge of the City of Brooklet. The755
860	860		judge shall be appointed by the mayor and city council. The judge shall serve a term and756
861	861		may be removed as provided for by general law.757
862	862		(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless758
863	863		he or she shall have attained the age of 21 years and shall be a member of the State Bar of759
864	864		Georgia.760
865	865		(c) Before assuming office, the judge shall take an oath, given by the mayor, that he or she761
866	866		will honestly and faithfully discharge the duties of his or her office to the best of his or her762
867	867		ability and without fear, favor or partiality.763
868	868		SECTION 4.12.764
869	869		Convening.765
870	870		The municipal court shall be convened at regular intervals as determined by the mayor and766
871	871		city council.767
872	872		H. B. 1451
873		-	- 33 - 24 LC 47 2896~~/AP~~
	873	+	- 33 - 24 LC 47 2896
874	874		SECTION 4.13.
875	875		768
876	876		Jurisdiction, powers.769
877	877		(a) The municipal court shall try and punish violations of this charter, all city ordinances,770
878	878		and such other violations as provided by law.771
879	879		(b) The municipal court shall have authority to punish those in its presence for contempt,772
880	880		provided that such punishment shall not be in excess of $200.00 or ten days in jail.773
881	881		(c) The municipal court may fix punishment for offenses within its jurisdiction not774
882	882		exceeding a fine of $1,000.00, or imprisonment for six months, or both such fine and775
883	883		imprisonment, or may fix punishment by fine, imprisonment or alternative sentencing as776
884	884		now, or hereafter provided by law.777
885	885		(d) The municipal court shall have authority to establish bail and recognizances to ensure778
886	886		the presence of those charged with violations before said court, and shall have discretionary779
887	887		authority to accept cash or personal or real property as surety for the appearance of persons780
888	888		charged with violations. Whenever any person shall give bail for that person's appearance781
889	889		and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge782
890	890		presiding at such time, and an execution issued thereon by serving the defendant the783
891	891		defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the784
892	892		event that cash or property is accepted in lieu of bond for security for the appearance of a785
893	893		defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,786
894	894		the cash so deposited shall be on order of the judge declared forfeited to the city, or the787
895	895		property so deposited shall have a lien against it for the value forfeited which lien shall be788
896	896		enforceable in the same manner and to the same extent as a lien for city property taxes.789
897	897		(e) The municipal court shall have the same authority as superior courts to compel the790
898	898		production of evidence in the possession of any party; to enforce obedience to its orders,791
899	899		judgments and sentences; and to administer such oaths as are necessary.792
900	900		H. B. 1451
901		-	- 34 - 24 LC 47 2896~~/AP~~
	901	+	- 34 - 24 LC 47 2896
902	902		(f) The municipal court may compel the presence of all parties necessary to a proper disposal
903	903		793
904	904		of each case by the issuance of summonses, subpoenas, and warrants which may be served794
905	905		and executed by any officer as authorized by this charter or by law.795
906	906		(g) The judge of the municipal court shall be authorized to issue warrants for the arrest of796
907	907		persons charged with offenses against any ordinance of the city, and each judge of the797
908	908		municipal court shall have the same authority as a magistrate of the state to issue warrants798
909	909		for offenses against state laws committed within the city;799
910	910		(h) The municipal court shall have authority to establish a schedule of fees to defray the cost800
911	911		of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and801
912	912		caretaking of prisoners bound over to superior courts for violations of state law;802
913	913		(i) The municipal court judge of the city is authorized to issue warrants for the arrest of all803
914	914		persons charged, upon affidavits made before the judge, with having committed within the804
915	915		limits of the City of Brooklet, offenses against any ordinance of the city or penal law of the805
916	916		state, and to take examination of such persons, and the same to discharge or commit to the806
917	917		county jail or let to bail, according to law, to answer such charge before the court having807
918	918		jurisdiction, all of which warrants shall be addressed to "the Chief of Police of Brooklet,808
919	919		Georgia, or any lawful policeman thereof, and to all and singular the sheriffs, deputy sheriffs,809
920	920		and constables of this state," and any one of the officers shall have the same authority to810
921	921		execute the warrants as the sheriffs of this state have to execute criminal warrants.811
922	922		SECTION 4.14.812
923	923		Appeal.813
924	924		The right of appeal from the decision and judgment of the municipal court shall exist in all814
925	925		criminal cases and ordinance violation cases, and such appeal shall be had pursuant to815
926	926		general law to the Superior Court of Bulloch County.816
927	927		H. B. 1451
928		-	- 35 - 24 LC 47 2896~~/AP~~
	928	+	- 35 - 24 LC 47 2896
929	929		SECTION 4.15.
930	930		817
931	931		Rules of court.818
932	932		With the approval of the mayor and city council, the judge shall have full power and819
933	933		authority to make reasonable rules and regulations necessary and proper to secure the820
934	934		efficient and successful administration of the municipal court; provided, however, that the821
935	935		mayor and city council may adopt in part or in toto the rules and regulations applicable to822
936	936		superior courts.823
937	937		ARTICLE V824
938	938		ELECTIONS AND REMOVAL825
939	939		SECTION 5.10.826
940	940		Applicability of general law.827
941	941		All elections shall be held and conducted in accordance with the Chapter 2 of Title 21 of the828
942	942		O.C.G.A., the "Georgia Election Code" as now or hereafter amended.829
943	943		SECTION 5.11.830
944	944		Nonpartisan elections.831
945	945		Political parties shall not conduct primaries for city offices and all names of candidates for832
946	946		city offices shall be listed without party designations.833
947	947		H. B. 1451
948		-	- 36 - 24 LC 47 2896~~/AP~~
	948	+	- 36 - 24 LC 47 2896
949	949		SECTION 5.12.
950	950		834
951	951		Election by plurality.835
952	952		The person receiving a plurality of the votes cast for any city office shall be elected.836
953	953		SECTION 5.13.837
954	954		Other provisions.838
955	955		Except as otherwise provided by this charter, the mayor and city council shall, by ordinance,839
956	956		prescribe such rules and regulations it deems appropriate to fulfill any options and duties840
957	957		under the Georgia Election Code.841
958	958		SECTION 5.14.842
959	959		Removal of officers.843
960	960		(a) The mayor, councilmembers, or other appointed officers provided for in this charter shall844
961	961		be removed from office for any one or more of the following causes:845
962	962		(1) Incompetence, misfeasance, or malfeasance in office;846
963	963		(2) Conviction of a crime involving moral turpitude;847
964	964		(3) Failure at any time to possess any of the qualifications of office as provided by this848
965	965		charter or by law;849
966	966		(4) Knowingly violating any express prohibition of this charter;850
967	967		(5) Abandonment of office or neglect to perform the duties thereof; or851
968	968		(6) Failure for any other cause to perform the duties of office as required by this charter852
969	969		or by state law.853
970	970		(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished854
971	971		by one of the following methods:855
972	972		H. B. 1451
973		-	- 37 - 24 LC 47 2896~~/AP~~
	973	+	- 37 - 24 LC 47 2896
974	974		(1) By the vote of three councilmembers after an investigative hearing. In the event an
975	975		856
976	976		elected officer is sought to be removed by the action of the mayor and city council, such857
977	977		officer shall be entitled to a written notice specifying the ground or grounds for removal858
978	978		and to a public hearing which shall be held not less than ten days after the service of such859
979	979		written notice. Any elected officer sought to be removed from office as herein provided860
980	980		shall have the right of appeal from the decision of the mayor and city council to the861
981	981		Superior Court of Bulloch County. Such appeal shall be governed by the same rules as862
982	982		govern appeals to the superior court from the probate court; or863
983	983		(2) By an order of the Superior Court of Bulloch County, Georgia, following a hearing on864
984	984		a complaint seeking such removal brought by any resident of the City of Brooklet.865
985	985		ARTICLE VI866
986	986		FINANCE867
987	987		SECTION 6.10.868
988	988		Property tax.869
989	989		The mayor and city council may assess, levy and collect an ad valorem tax on all real and870
990	990		personal property within the corporate limits of the city that is subject to such taxation by the871
991	991		state and county. This tax is for the purpose of raising revenues to defray the costs of872
992	992		operating the city government, of providing governmental services, for the repayment of873
993	993		principal and interest on general obligations, and for any other public purpose as determined874
994	994		by the mayor and city council in their discretion.875
995	995		H. B. 1451
996		-	- 38 - 24 LC 47 2896~~/AP~~
	996	+	- 38 - 24 LC 47 2896
997	997		SECTION 6.11.
998	998		876
999	999		Millage rate; due dates; payment methods.877
1000	1000		The mayor and city council shall establish a millage rate for the city property tax, a due date,878
1001	1001		and the time period within which these taxes must be paid. The mayor and city council, by879
1002	1002		ordinance, may provide for the payment of these taxes by two installments or in one lump880
1003	1003		sum, as well as authorize the voluntary payment of taxes prior to the time when due.881
1004	1004		SECTION 6.12.882
1005	1005		Occupation and business taxes.883
1006	1006		The mayor and city council by ordinance shall have the power to levy such occupation or884
1007	1007		business taxes as are not denied by law. The mayor and city council may classify businesses,885
1008	1008		occupations or professions for the purpose of such taxation in any way which may be lawful886
1009	1009		and may compel the payment of such taxes as provided in Section 6.18.887
1010	1010		SECTION 6.13.888
1011	1011		Regulatory fees; permits.889
1012	1012		The mayor and city council by ordinance shall have the power to require businesses or890
1013	1013		practitioners doing business within this city to obtain a permit for such activity from the city891
1014	1014		and pay a reasonable regulatory fee for such permit as provided by general law. Such fees892
1015	1015		shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be893
1016	1016		collected as provided in Section 6.18.894
1017	1017		H. B. 1451
1018		-	- 39 - 24 LC 47 2896~~/AP~~
	1018	+	- 39 - 24 LC 47 2896
1019	1019		SECTION 6.14.
1020	1020		895
1021	1021		Franchises.896
1022	1022		(a) The mayor and city council shall have the power to grant franchises for the use of this897
1023	1023		city's streets and alleys for the purposes of railroads, street railways, telephone companies,898
1024	1024		electric companies, electric membership corporations, cable television and other899
1025	1025		telecommunications companies, gas companies, transportation companies and other similar900
1026	1026		organizations. The mayor and city council shall determine the duration, terms, whether the901
1027	1027		same shall be exclusive or nonexclusive, and the consideration for such franchises; provided,902
1028	1028		however, no franchise shall be granted for a period in excess of 35 years and no franchise903
1029	1029		shall be granted unless the city receives just and adequate compensation therefor. The mayor904
1030	1030		and city council shall provide for the registration of all franchises with the city clerk in a905
1031	1031		registration book kept by such clerk. The mayor and city council may provide by ordinance906
1032	1032		for the registration within a reasonable time of all franchises previously granted.907
1033	1033		(b) If no franchise agreement is in effect, the mayor and city council have the authority to908
1034	1034		impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of909
1035	1035		railroads, street railways, telephone companies, electric companies, electric membership910
1036	1036		corporations, cable television and other telecommunications companies, gas companies,911
1037	1037		transportation companies and other similar organizations.912
1038	1038		SECTION 6.15.913
1039	1039		Service charges.914
1040	1040		The mayor and city council by ordinance shall have the power to assess and collect fees,915
1041	1041		charges, assessments, and tolls for sewers, sanitary and health services, or any other services916
1042	1042		provided or made available within and without the corporate limits of the city. If unpaid,917
1043	1043		such charges shall be collected as provided in Section 6.18.918
1044	1044		H. B. 1451
1045		-	- 40 - 24 LC 47 2896~~/AP~~
	1045	+	- 40 - 24 LC 47 2896
1046	1046		SECTION 6.16.
1047	1047		919
1048	1048		Special assessments.920
1049	1049		The mayor and city council by ordinance shall have the power to assess and collect the cost921
1050	1050		of constructing, reconstructing, widening, or improving any public way, street, sidewalk,922
1051	1051		curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property923
1052	1052		owners. If unpaid, such charges shall be collected as provided in Section 6.18.924
1053	1053		SECTION 6.17.925
1054	1054		Construction; other taxes and fees.926
1055	1055		The city shall be empowered to levy any other tax or fee allowed now or hereafter by law,927
1056	1056		and the specific mention of any right, power or authority in this article shall not be construed928
1057	1057		as limiting in any way the general powers of this city to govern its local affairs.929
1058	1058		SECTION 6.18.930
1059	1059		Collection of delinquent taxes and fees.931
1060	1060		The mayor and city council, by ordinance, may provide generally for the collection of932
1061	1061		delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by933
1062	1062		whatever reasonable means as are not precluded by law. This shall include providing for the934
1063	1063		dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.935
1064	1064		fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the936
1065	1065		persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any937
1066	1066		city taxes or fees; and providing for the assignment or transfer of tax executions.938
1067	1067		H. B. 1451
1068		-	- 41 - 24 LC 47 2896~~/AP~~
	1068	+	- 41 - 24 LC 47 2896
1069	1069		SECTION 6.19.
1070	1070		939
1071	1071		General obligation bonds.940
1072	1072		The mayor and city council shall have the power to issue bonds for the purpose of raising941
1073	1073		revenue to carry out any project, program or venture authorized under this charter or the laws942
1074	1074		of the state. Such bonding authority shall be exercised in accordance with the laws943
1075	1075		governing bond issuance by municipalities in effect at the time said issue is undertaken.944
1076	1076		SECTION 6.20.945
1077	1077		Revenue bonds.946
1078	1078		Revenue bonds may be issued by the city as state law now or hereafter provides. Such bonds947
1079	1079		are to be paid out of any revenue produced by the project, program or venture for which they948
1080	1080		were issued.949
1081	1081		SECTION 6.21.950
1082	1082		Short-term loans.951
1083	1083		The city may obtain short-term loans and must repay such loans not later than December 31952
1084	1084		of each year, unless otherwise provided by law.953
1085	1085		SECTION 6.22.954
1086	1086		Lease-purchase contracts.955
1087	1087		The city may enter into multi-year lease, purchase or lease-purchase contracts for the956
1088	1088		acquisition of goods, materials, real and personal property, services, and supplies provided957
1089	1089		the contract terminates without further obligation on the part of the municipality at the close958
1090	1090		H. B. 1451
1091		-	- 42 - 24 LC 47 2896~~/AP~~
	1091	+	- 42 - 24 LC 47 2896
1092	1092		of the calendar year in which it was executed and at the close of each succeeding calendar
1093	1093		959
1094	1094		year for which it may be renewed. Contracts must be executed in accordance with the960
1095	1095		requirements of Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or961
1096	1096		may hereafter be enacted.962
1097	1097		SECTION 6.23.963
1098	1098		Fiscal year.964
1099	1099		The mayor and city council shall set the fiscal year by ordinance. This fiscal year shall965
1100	1100		constitute the budget year and the year for financial accounting and reporting of each and966
1101	1101		every office, department, agency and activity of the city government unless otherwise967
1102	1102		provided by state or federal law.968
1103	1103		SECTION 6.24.969
1104	1104		Preparation of budgets.970
1105	1105		The mayor and city council may provide an ordinance on the procedures and requirements971
1106	1106		for the preparation and execution of an annual operating budget, a capital improvement plan972
1107	1107		and a capital budget, including requirements as to the scope, content and form of such973
1108	1108		budgets and plans.974
1109	1109		SECTION 6.25.975
1110	1110		Submission of operating budget to city council.976
1111	1111		On or before a date fixed by the mayor and city council but not later than 60 days prior to the977
1112	1112		beginning of each fiscal year, the city manager shall submit to the mayor and city council a978
1113	1113		proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by979
1114	1114		H. B. 1451
1115		-	- 43 - 24 LC 47 2896~~/AP~~
	1115	+	- 43 - 24 LC 47 2896
1116	1116		a message from the city manager containing a statement of the general fiscal policies of the
1117	1117		980
1118	1118		city, the important features of the budget, explanations of major changes recommended for981
1119	1119		the next fiscal year, a general summary of the budget, and such other pertinent comments and982
1120	1120		information. The operating budget and the capital budget hereinafter provided for, the983
1121	1121		budget message, and all supporting documents shall be filed in the office of the city clerk and984
1122	1122		shall be open to public inspection.985
1123	1123		SECTION 6.26.986
1124	1124		Action by city council on budget.987
1125	1125		(a) The mayor and city council may amend the operating budget proposed by the city988
1126	1126		manager; except, that the budget as finally amended and adopted must provide for all989
1127	1127		expenditures required by state law or by other provisions of this charter and for all debt990
1128	1128		service requirements for the ensuing fiscal year, and the total appropriations from any fund991
1129	1129		shall not exceed the estimated fund balance, reserves, and revenues.992
1130	1130		(b) The mayor and city council shall adopt the final operating budget for the ensuing fiscal993
1131	1131		year not later than the third Thursday of June each year. If the mayor and city council fail994
1132	1132		to adopt the budget by this date, the amounts appropriated for operation for the current fiscal995
1133	1133		year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all996
1134	1134		items prorated accordingly until such time as the mayor and city council adopt a budget for997
1135	1135		the ensuing fiscal year.998
1136	1136		(c) The amount set out in the adopted operating budget for each organizational unit shall999
1137	1137		constitute the annual appropriation for such, and no expenditure shall be made or1000
1138	1138		encumbrance created in excess of the otherwise unencumbered balance of the appropriations1001
1139	1139		or allotment thereof, to which it is chargeable.1002
1140	1140		H. B. 1451
1141		-	- 44 - 24 LC 47 2896~~/AP~~
	1141	+	- 44 - 24 LC 47 2896
1142	1142		SECTION 6.27.
1143	1143		1003
1144	1144		Tax levies.1004
1145	1145		The mayor and city council shall levy by ordinance such taxes as are necessary. The taxes1005
1146	1146		and tax rates set by such ordinances shall be such that reasonable estimates or revenues from1006
1147	1147		such levy shall at least be sufficient, together with other anticipated revenues, fund balances1007
1148	1148		and applicable reserves, to equal the total amount appropriated for each of the several funds1008
1149	1149		set forth in the annual operating budget for defraying the expenses of the general government1009
1150	1150		of this city.1010
1151	1151		SECTION 6.28.1011
1152	1152		Changes in appropriations.1012
1153	1153		The mayor and city council by ordinance may make changes in the appropriations contained1013
1154	1154		in the current operating budget, at any regular meeting, special or emergency meeting called1014
1155	1155		for such purpose, but any additional appropriations may be made only from an existing1015
1156	1156		unexpended surplus.1016
1157	1157		SECTION 6.29.1017
1158	1158		Capital budget.1018
1159	1159		(a) On or before the date fixed by the mayor and city council but no later than 60 days prior1019
1160	1160		to the beginning of each fiscal year, the city manager shall submit to the mayor and city1020
1161	1161		council a proposed capital improvements plan with a recommended capital budget containing1021
1162	1162		the means of financing the improvements proposed for the ensuing fiscal year. The mayor1022
1163	1163		and city council shall have power to accept, with or without amendments, or reject the1023
1164	1164		proposed plan and proposed budget. The mayor and city council shall not authorize an1024
1165	1165		H. B. 1451
1166		-	- 45 - 24 LC 47 2896~~/AP~~
	1166	+	- 45 - 24 LC 47 2896
1167	1167		expenditure for the construction of any building, structure, work or improvement, unless the
1168	1168		1025
1169	1169		appropriations for such project are included in the capital budget, except to meet a public1026
1170	1170		emergency as provided in Section 2.25.1027
1171	1171		(b) The mayor and city council shall adopt the final capital budget for the ensuing fiscal year1028
1172	1172		not later than the third Thursday of June each year. No appropriation provided for in a prior1029
1173	1173		capital budget shall lapse until the purpose for which the appropriation was made shall have1030
1174	1174		been accomplished or abandoned; provided, however, the city manager may submit1031
1175	1175		amendments to the capital budget at any time during the fiscal year, accompanied by1032
1176	1176		recommendations. Any such amendments to the capital budget shall become effective only1033
1177	1177		upon adoption.1034
1178	1178		SECTION 6.30.1035
1179	1179		Independent audit.1036
1180	1180		There shall be an annual independent audit of all city accounts, funds and financial1037
1181	1181		transactions by a certified public accountant selected by the mayor and city council. The1038
1182	1182		audit shall be conducted according to generally accepted auditing principles. Any audit of1039
1183	1183		any funds by the state or federal governments may be accepted as satisfying the requirements1040
1184	1184		of this charter. Copies of annual audit reports shall be available at printing costs to the1041
1185	1185		public.1042
1186	1186		SECTION 6.31.1043
1187	1187		Contracting procedures.1044
1188	1188		No contract with the city shall be binding on the city unless:1045
1189	1189		(1) It is in writing; and1046
1190	1190		H. B. 1451
1191		-	- 46 - 24 LC 47 2896~~/AP~~
	1191	+	- 46 - 24 LC 47 2896
1192	1192		(2) It is made or authorized by the mayor and city council and such approval is entered in
1193	1193		1047
1194	1194		the official minutes of the city council meeting.1048
1195	1195		SECTION 6.32.1049
1196	1196		Centralized purchasing.1050
1197	1197		The mayor and city council shall by ordinance prescribe procedures for a system of1051
1198	1198		centralized purchasing for the city.1052
1199	1199		SECTION 6.33.1053
1200	1200		Sale and lease of city property.1054
1201	1201		(a) The mayor and city council may sell and convey, or lease any real or personal property1055
1202	1202		owned or held by the city for governmental or other purposes as now or hereafter provided1056
1203	1203		by law.1057
1204	1204		(b) The mayor and city council may quitclaim any rights it may have in property not needed1058
1205	1205		for public purposes upon report by the city manager and adoption of a resolution, both1059
1206	1206		finding that the property is not needed for public or other purposes and that the interest of the1060
1207	1207		city has no readily ascertainable monetary value.1061
1208	1208		(c) Whenever in opening, extending or widening any street, avenue, alley or public place of1062
1209	1209		the city, a small parcel or tract of land is cut off or separated by such work from a larger tract1063
1210	1210		or boundary of land owned by the city, the mayor and city council may authorize the city1064
1211	1211		manager to sell and convey said cut off or separated parcel or tract of land to an abutting or1065
1212	1212		adjoining property owner or owners where such sale and conveyance facilitates the1066
1213	1213		enjoyment of the highest and best use of the abutting owner's property. Included in the sales1067
1214	1214		contract shall be a provision for the rights of way of said street, avenue, alley or public place. 1068
1215	1215		Each abutting property owner shall be notified of the availability of the property and given1069
1216	1216		H. B. 1451
1217		-	- 47 - 24 LC 47 2896~~/AP~~
	1217	+	- 47 - 24 LC 47 2896
1218	1218		the opportunity to purchase said property under such terms and conditions as set out by
1219	1219		1070
1220	1220		ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered1071
1221	1221		shall convey all title and interest the city has in such property, notwithstanding the fact that1072
1222	1222		no public sale after advertisement was or is hereafter made.1073
1223	1223		ARTICLE VII1074
1224	1224		GENERAL PROVISIONS1075
1225	1225		SECTION 7.10.1076
1226	1226		Bonds for officials.1077
1227	1227		The officers and employees of this city, both elective and appointive, shall execute such1078
1228	1228		surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor1079
1229	1229		and city council shall from time to time require by ordinance or as may be provided by law.1080
1230	1230		SECTION 7.11.1081
1231	1231		Prior ordinances.1082
1232	1232		All ordinances, resolutions, rules and regulations now in force in the city not inconsistent1083
1233	1233		with this charter are hereby declared valid and of full effect and force until amended or1084
1234	1234		repealed by the mayor and city council including, but not limited to, those presently codified,1085
1235	1235		the same being affirmed by this charter.1086
1236	1236		H. B. 1451
1237		-	- 48 - 24 LC 47 2896~~/AP~~
	1237	+	- 48 - 24 LC 47 2896
1238	1238		SECTION 7.12.
1239	1239		1087
1240	1240		Existing personnel and officers.1088
1241	1241		Except as specifically provided otherwise by this charter, all personnel and officers of the1089
1242	1242		city and their rights, privileges and powers shall continue beyond the time this charter takes1090
1243	1243		effect as if the personnel and officers were appointed, hired, or elected under this charter.1091
1244	1244		SECTION 7.13.1092
1245	1245		Pending matters.1093
1246	1246		Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1094
1247	1247		contracts, and legal or administrative proceedings shall continue and any such ongoing work1095
1248	1248		or cases shall be completed by such city agencies, personnel, or offices as may be provided1096
1249	1249		by the mayor and city council.1097
1250	1250		SECTION 7.14.1098
1251	1251		Construction.1099
1252	1252		(a) Section captions in this charter are informative only and are not to be considered as a part1100
1253	1253		thereof.1101
1254	1254		(b) The word "shall" is mandatory and the word "may" is permissive.1102
1255	1255		(c) The singular shall include the plural, the masculine shall include the feminine, and vice1103
1256	1256		versa.1104
1257	1257		H. B. 1451
1258		-	- 49 - 24 LC 47 2896~~/AP~~
	1258	+	- 49 - 24 LC 47 2896
1259	1259		SECTION 7.15.
1260	1260		1105
1261	1261		Severability.1106
1262	1262		If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1107
1263	1263		held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1108
1264	1264		or impair other parts of this charter unless it clearly appears that such other parts are wholly1109
1265	1265		and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1110
1266	1266		legislative intent in enacting this charter that each article, section, subsection, paragraph,1111
1267	1267		sentence, or part thereof be enacted separately and independent of each other.1112
1268	1268		SECTION 7.16.1113
1269	1269		Specific repealer.1114
1270	1270		An Act incorporating the City of Brooklet in the County of Bulloch, approved May 17, 20041115
1271	1271		(Ga. Laws 2004, p. 3989), is hereby repealed in its entirety and all amendatory acts thereto1116
1272	1272		are likewise repealed in their entirety.1117
1273	1273		SECTION 7.17.1118
1274	1274		General repealer.1119
1275	1275		All other laws and parts of laws in conflict with this Act are repealed.1120
1276	1276		H. B. 1451
1277	1277		- 50 -