Georgia 2023-2024 Regular Session

Georgia House Bill HB869 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	24 LC 44 2506
2	2	House Bill 869
3	3	By: Representatives Efstration of the 104
4	4	th
5	5	, McCollum of the 30
6	6	th
7	7	, and Mughal of the 105
8	8	th
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	To incorporate the City of Mulberry; to provide a charter; to provide for legislative findings;
13	13	1
14	14	to provide for boundaries and powers of the city; to provide for a governing authority of such2
15	15	city and the powers, duties, authority, election, terms, term limits, vacancies, compensation,3
16	16	expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from4
17	17	office relative to members of such governing authority; to provide for inquiries and5
18	18	investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and6
19	19	procedures; to provide for ordinances and codes; to provide additional notice and hearing7
20	20	requirements; to provide for a mayor, mayor pro tempore, and certain duties, powers, and8
21	21	other matters relative thereto; to prohibit council interference with administration; to provide9
22	22	for administrative affairs and responsibilities; to provide for boards, commissions, and10
23	23	authorities; to provide for a city attorney, a city clerk, and other personnel and matters11
24	24	relating thereto; to provide for rules and regulations; to provide for a municipal court and the12
25	25	judge or judges thereof and other matters relative to those judges; to provide for the court's13
26	26	jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to14
27	27	provide for elections; to provide for taxation, licenses, and fees; to provide for special15
28	28	assessments; to provide for bonded and other indebtedness; to provide for auditing,16
29	29	accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to17
30	30	provide for the conveyance of property and interests therein; to provide for bonds for18
31	31	H. B. 869
32	32	- 1 - 24 LC 44 2506
33	33	officials; to provide for prior ordinances and rules, pending matters, and existing personnel;
34	34	19
35	35	to provide for penalties; to provide for definitions and construction; to provide for other20
36	36	matters relative to the foregoing; to provide for a referendum, effective dates, and automatic21
37	37	repeal; to provide for mandatory execution of election and judicial remedies regarding failure22
38	38	to comply; to provide effective dates and transitional provisions governing the transfer of23
39	39	various functions and responsibilities from Gwinnett County to the City of Mulberry; to24
40	40	provide for severability; to provide for effective dates; to repeal conflicting laws; and for25
41	41	other purposes.26
42	42	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:27
43	43	ARTICLE I.28
44	44	INCORPORATION AND POWERS29
45	45	SECTION 1.10.30
46	46	Legislative findings.31
47	47	The General Assembly of Georgia determines and finds that certain portions of32
48	48	unincorporated northeastern Gwinnett County would benefit from gaining local control over33
49	49	planning and zoning in their community through the creation of a municipal corporation34
50	50	offering limited services, including planning and zoning, storm-water collection and disposal,35
51	51	and code enforcement. The General Assembly of Georgia further determines and finds that36
52	52	the citizens of such a municipal corporation would be best served by a limited municipal37
53	53	government that cannot collect property taxes from its residents and that any other38
54	54	nonproperty tax revenue sources be neutral with respect to cost burdens on homeowners.39
55	55	H. B. 869
56	56	- 2 - 24 LC 44 2506
57	57	SECTION 1.11.
58	58	40
59	59	Name.41
60	60	This Act shall constitute the charter of the City of Mulberry. The city and the inhabitants42
61	61	thereof are constituted and declared a body politic and corporate under the name and style43
62	62	"City of Mulberry, Georgia," and by that name shall have perpetual succession.44
63	63	SECTION 1.12.45
64	64	City motto.46
65	65	The motto of the City of Mulberry shall be "Non Sibi Sed Aliis."47
66	66	SECTION 1.13.48
67	67	Corporate boundaries.49
68	68	(a) The boundaries of this city shall be those set forth and described in Appendix A of this50
69	69	charter, and said Appendix A is incorporated into and made a part of this charter. The51
70	70	boundaries of this city at all times shall be shown on a map, a written description, or any52
71	71	combination thereof, to be retained permanently in the office of the city clerk and to be53
72	72	designated, as the case may be: "Official Map (or Description) of the corporate limits of54
73	73	the City of Mulberry, Georgia." Photographic, typed, or other copies of such map or55
74	74	description certified by the city clerk shall be admitted as evidence in all courts and shall56
75	75	have the same force and effect as with the original map or description.57
76	76	(b) The city council may provide for the redrawing of any such map by ordinance to reflect58
77	77	lawful changes in the corporate boundaries. A redrawn map shall supersede for all59
78	78	purposes the entire map or maps which it is designated to replace.60
79	79	H. B. 869
80	80	- 3 - 24 LC 44 2506
81	81	SECTION 1.14.
82	82	61
83	83	Powers and construction.62
84	84	(a) This city shall have all the powers possible for a city to have under the present or future63
85	85	Constitution or laws of this state as fully and completely as though they were specifically64
86	86	enumerated in this charter, except that the city shall not have the power to assess, levy, or65
87	87	collect ad valorem taxes on real or personal property within the corporate limits of the city.66
88	88	This city shall have all the powers of self-government not otherwise prohibited by this67
89	89	charter or by general law.68
90	90	(b) The city shall exercise the powers granted to it under the present or future Constitution69
91	91	and laws of this state for the purposes of providing planning and zoning, code adoption and70
92	92	enforcement, and storm-water collection and disposal and those items related to the71
93	93	provision of such services and for the general administration of the city in providing such72
94	94	services.73
95	95	(c) The provision of services and exercise of powers enumerated in this Section of this74
96	96	charter may be provided by the city contracting with service providers via75
97	97	intergovernmental agreements or contracts with private parties.76
98	98	(d) The powers of this city shall be construed liberally in favor of the city. The specific77
99	99	mention or failure to mention powers shall not be construed as limiting in any way the78
100	100	powers of this city.79
101	101	SECTION 1.15.80
102	102	Examples of powers.81
103	103	Reserved.82
104	104	H. B. 869
105	105	- 4 - 24 LC 44 2506
106	106	SECTION 1.16.
107	107	83
108	108	Exercise of powers.84
109	109	(a) All powers, functions, rights, privileges, and immunities of the city, its officers, agencies,85
110	110	or employees shall be carried into execution as provided by this charter. If this charter makes86
111	111	no provision, such powers, functions, rights, privileges, and immunities shall be carried into87
112	112	execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.88
113	113	(b) No amendment to this Act by the city council pursuant to the home rule powers granted89
114	114	by Chapter 35 of Title 36 of the O.C.G.A. shall be enforceable except upon ratification of90
115	115	such amendment by the registered voters of the city at a referendum held by the governing91
116	116	authority of the city and upon certification of the results of such referendum by the Secretary92
117	117	of State.93
118	118	ARTICLE II.94
119	119	GOVERNMENT STRUCTURE95
120	120	SECTION 2.10.96
121	121	City council creation; number; election.97
122	122	The governing authority of the city, except as otherwise specifically provided in this charter,98
123	123	shall be vested in a city council to be composed of five councilmembers. The99
124	124	councilmembers shall be elected in the manner provided by this charter.100
125	125	H. B. 869
126	126	- 5 - 24 LC 44 2506
127	127	SECTION 2.11.
128	128	101
129	129	City councilmembers;102
130	130	Terms and qualifications for office.103
131	131	(a) Except as otherwise provided in Article VIII of this charter for the initial terms of104
132	132	office, the members of the city council shall serve for terms of four years and until their105
133	133	respective successors are elected and qualified. The term of office of each councilmember106
134	134	shall begin on the first day of January immediately following the election of such107
135	135	councilmember unless general law authorizes or requires the term to begin at the first108
136	136	organizational meeting in January or upon some other date. No person shall be eligible to109
137	137	serve as councilmember unless that person shall have been a resident of the city for 12110
138	138	months prior to the date of the election of councilmembers; each shall continue to reside111
139	139	therein during that person's period of service and to be registered and qualified to vote in112
140	140	municipal elections of this city. No person shall serve more than two consecutive terms113
141	141	as a councilmember.114
142	142	(b) For the purposes of electing members of the city council, the city is divided into five115
143	143	districts. One councilmember residing in each district shall be elected from by the electors116
144	144	of the city residing in such district. The five numbered districts are described in Appendix117
145	145	B attached to and made a part of this Act and further identified as "User: H104 Plan Name:118
146	146	Mulberry-Dist-2024 Plan Type: Local:".119
147	147	(c)(1) For the purposes of such plan:120
148	148	(A) The term "VTD" shall mean and describe the same geographical boundaries as121
149	149	provided in the report of the Bureau of the Census for the United States decennial122
150	150	census of 2020 for the State of Georgia. The separate numeric designations in a district123
151	151	description which are underneath a VTD heading shall mean and describe individual124
152	152	Blocks within a VTD as provided in the report of the Bureau of the Census for the125
153	153	United States decennial census of 2020 for the State of Georgia; and126
154	154	H. B. 869
155	155	- 6 - 24 LC 44 2506
156	156	(B) Except as otherwise provided in the description of any district, whenever the
157	157	127
158	158	description of any district refers to a named city, it shall mean the geographical128
159	159	boundaries of that city as shown on the census maps for the United States decennial129
160	160	census of 2020 for the State of Georgia.130
161	161	(2) Any part of the City of Mulberry as described in Appendix B which is not included131
162	162	in any district described in this plan shall be included within that district contiguous to132
163	163	such part which contains the least population according to the United States decennial133
164	164	census of 2020 for the State of Georgia.134
165	165	(3) Any part of the City of Mulberry as described in Appendix B as being included in a135
166	166	particular district shall nevertheless not be included within such district if such part is not136
167	167	contiguous to such district. Such noncontiguous part shall instead be included within that137
168	168	district contiguous to such part which contains the least population according to the138
169	169	United States decennial census of 2020 for the State of Georgia.139
170	170	(4) If any area included within the descriptions of District 1, District 2, District 3,140
171	171	District 4, or District 5 is on the effective date of this Act within the municipal boundaries141
172	172	of another municipality or within a county other than Gwinnett County, such area shall142
173	173	not be included within the district descriptions of such districts.143
174	174	SECTION 2.12.144
175	175	Vacancy; filling of vacancies; suspensions.145
176	176	(a) Vacancies. The office of councilmember shall become vacant upon such person's146
177	177	failing or ceasing to reside in the city, death, resignation, forfeiture of office, or upon the147
178	178	occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such148
179	179	other applicable laws as are or may hereafter be enacted.149
180	180	(b) Filling of vacancies. A vacancy in the office of councilmember shall be filled for the150
181	181	remainder of the unexpired term, if any, by appointment by the remaining councilmembers151
182	182	H. B. 869
183	183	- 7 - 24 LC 44 2506
184	184	if less than 12 months remain in the unexpired term, otherwise by an election as provided
185	185	152
186	186	for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws153
187	187	as are or may hereafter be enacted.154
188	188	(c) Suspension. Upon the suspension from office of councilmember in any manner155
189	189	authorized by the general laws of the State of Georgia, the city council or those remaining156
190	190	shall appoint a successor for the duration of the suspension. If the suspension becomes157
191	191	permanent, then the office shall become vacant and shall be filled for the remainder of the158
192	192	unexpired term, if any, as provided for in this charter.159
193	193	SECTION 2.13.160
194	194	Compensation and expenses.161
195	195	(a) The mayor shall receive an initial salary of $9,000 per year. Each councilmember shall162
196	196	receive an initial salary of $8,000.00 per year. The councilmembers shall be paid in equal163
197	197	monthly installments from the funds of the municipality.164
198	198	(b) The councilmembers may alter such compensation for their services as provided by165
199	199	law.166
200	200	(c) The councilmembers shall be reimbursed for actual expenses necessarily incurred in167
201	201	connection with their service.168
202	202	SECTION 2.14.169
203	203	Conflicts of interest; holding other offices.170
204	204	(a) Elected and appointed officers of the city are trustees and servants of the residents of171
205	205	the city and shall act in a fiduciary capacity for the benefit of such residents.172
206	206	(b) Conflict of interest. No elected official, appointed officer, or employee of the city or173
207	207	any agency or political entity to which this charter applies shall knowingly:174
208	208	H. B. 869
209	209	- 8 - 24 LC 44 2506
210	210	(1) Engage in any business or transaction or have a financial or other personal interest,
211	211	175
212	212	direct or indirect, which is incompatible with the proper discharge of that person's official176
213	213	duties or which would tend to impair the independence of that person's judgment or177
214	214	action in the performance of that person's official duties;178
215	215	(2) Engage in or accept private employment or render services for private interests when179
216	216	such employment or service is incompatible with the proper discharge of that person's180
217	217	official duties or would tend to impair the independence of that person's judgment or181
218	218	action in the performance of that person's official duties;182
219	219	(3) Disclose confidential information, including information obtained at meetings which183
220	220	are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,184
221	221	government, or affairs of the governmental body by which that person is engaged without185
222	222	proper legal authorization or use such information to advance the financial or other186
223	223	private interest of that person or others;187
224	224	(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise,188
225	225	from any person, firm, or corporation which to that person's knowledge is interested,189
226	226	directly or indirectly, in any manner whatsoever, in business dealings with the190
227	227	governmental body by which that person is engaged; provided, however, that an elected191
228	228	official who is a candidate for public office may accept campaign contributions and192
229	229	services in connection with any such campaign;193
230	230	(5) Represent other private interests in any action or proceeding against this city or any194
231	231	portion of its government; or195
232	232	(6) Vote or otherwise participate in the negotiation or in the making of any contract with196
233	233	any business or entity in which that person has a financial interest.197
234	234	(c) Disclosure. Any elected official, appointed officer, or employee who shall have any198
235	235	financial interest, directly or indirectly, in any contract or matter pending before or within199
236	236	any department of the city shall disclose such interest to the city council. Any200
237	237	councilmember who has a financial interest in any matter pending before the city council201
238	238	H. B. 869
239	239	- 9 - 24 LC 44 2506
240	240	shall disclose such interest and such disclosure shall be entered on the records of the city
241	241	202
242	242	council, and that person shall disqualify himself or herself from participating in any203
243	243	decision or vote relating thereto. Any elected official, appointed officer, or employee of204
244	244	any agency or political entity to which this charter applies who shall have any financial205
245	245	interest, directly or indirectly, in any contract or matter pending before or within such206
246	246	entity shall disclose such interest to the governing body of such agency or entity.207
247	247	(d) Use of public property. No elected official, appointed officer, or employee of the city208
248	248	or any agency or entity to which this charter applies shall use property owned by such209
249	249	governmental entity for personal benefit, convenience, or profit except in accordance with210
250	250	policies promulgated by the city council or the governing body of such agency or entity.211
251	251	(e) Contracts voidable and rescindable. Any violation of this section which occurs with212
252	252	the knowledge, express or implied, of a party to a contract or sale shall render such contract213
253	253	or sale voidable at the option of the city council.214
254	254	(f) Ineligibility of elected official. Except where authorized by law, no councilmember215
255	255	shall hold any other elective or compensated appointive office in the city or otherwise be216
256	256	employed by said government or any agency thereof during the term for which that person217
257	257	was elected. No former councilmember shall hold any compensated appointive office in218
258	258	the city until one year after the expiration of the term for which that person was elected.219
259	259	(g) Political activities of certain officers and employees. No appointed officer and no220
260	260	employee of the city shall continue in such employment upon qualifying as a candidate for221
261	261	nomination or election to any public office. No employee of the city shall continue in such222
262	262	employment upon election to any public office in this city or any other public office which223
263	263	is inconsistent, incompatible, or in conflict with the duties of the city employee. Such224
264	264	determination shall be made by the city council either immediately upon election or at any225
265	265	time such conflict may arise.226
266	266	(h) Penalties for violation.227
267	267	H. B. 869
268	268	- 10 - 24 LC 44 2506
269	269	(1) Any city officer or employee who knowingly conceals such financial interest or
270	270	228
271	271	knowingly violates any of the requirements of this section shall be guilty of malfeasance229
272	272	in office or position and shall be deemed to have forfeited that person's office or position.230
273	273	(2) Any officer or employee of the city who shall forfeit that person's office or position231
274	274	as described in paragraph (1) of this subsection shall be ineligible for appointment or232
275	275	election to or employment in a position in the city government for a period of three years233
276	276	thereafter.234
277	277	SECTION 2.15.235
278	278	Inquiries and investigations.236
279	279	Following the adoption of an authorizing resolution, the city council may make inquiries and237
280	280	investigations into the affairs of the city and conduct of any department, office, or agency238
281	281	thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and239
282	282	require the production of evidence. Any person who fails or refuses to obey a lawful order240
283	283	issued in the exercise of these powers by the city council shall be punished as may be241
284	284	provided by ordinance.242
285	285	SECTION 2.16.243
286	286	General power and authority of the city council.244
287	287	(a) Except as otherwise provided by law or this charter, the city council shall be vested245
288	288	with all the powers of government of this city.246
289	289	(b) In addition to all other powers conferred upon it by law, the council shall have the247
290	290	authority to adopt and provide for the execution of such ordinances, resolutions, rules, and248
291	291	regulations, not inconsistent with this charter and the Constitution and the laws of the State249
292	292	of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,250
293	293	H. B. 869
294	294	- 11 - 24 LC 44 2506
295	295	protection of life and property, health, welfare, sanitation, comfort, convenience,
296	296	251
297	297	prosperity, or well-being of the inhabitants of the City of Mulberry and may enforce such252
298	298	ordinances by imposing penalties for violation thereof.253
299	299	SECTION 2.17.254
300	300	Organizational meetings.255
301	301	Unless otherwise provided by ordinance, the city council shall hold an organizational256
302	302	meeting on the first Tuesday in January of each even-numbered year. The meeting shall be257
303	303	called to order by the city clerk and the oath of office shall be administered to the newly258
304	304	elected councilmembers as follows:259
305	305	"I do solemnly (swear) (affirm) that I will faithfully perform the duties of councilmember260
306	306	of this city and that I will support and defend the charter thereof as well as the Constitution261
307	307	and laws of the State of Georgia and the United States of America."262
308	308	SECTION 2.18.263
309	309	Meetings.264
310	310	(a) The city council shall hold regular meetings at such times and places as shall be265
311	311	prescribed by ordinance.266
312	312	(b) Special meetings of the city council may be held on call of the mayor or three267
313	313	councilmembers. Notice of such special meeting shall be served on all other268
314	314	councilmembers personally, or by telephone personally, at least 48 hours in advance of the269
315	315	meeting. Such notice to councilmembers shall not be required if all councilmembers are270
316	316	present when the special meeting is called. Such notice of any special meeting may be271
317	317	waived by a councilmember in writing before or after such a meeting and attendance at the272
318	318	meeting shall also constitute a waiver of notice on any business transacted in such273
319	319	H. B. 869
320	320	- 12 - 24 LC 44 2506
321	321	councilmember's presence. Only the business stated in the call may be transacted at the
322	322	274
323	323	special meeting.275
324	324	(c) All meetings of the city council shall be public to the extent required by law, and notice276
325	325	to the public of special meetings shall be made as fully as is reasonably possible as277
326	326	provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or278
327	327	may hereafter be enacted.279
328	328	SECTION 2.19.280
329	329	Rules of procedure.281
330	330	(a) The city council shall adopt its rules of procedure and order of business consistent with282
331	331	the provisions of this charter and shall provide for keeping of a journal of its proceedings,283
332	332	which shall be a public record.284
333	333	(b) All committees and committee chairpersons and officers of the city council shall be285
334	334	appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have286
335	335	the power to appoint new members to any committee at any time.287
336	336	SECTION 2.20.288
337	337	Quorum; voting.289
338	338	Three councilmembers shall constitute a quorum and shall be authorized to transact290
339	339	business of the city council. Voting on the adoption of ordinances shall be by voice vote291
340	340	and the vote shall be recorded in the journal, but any councilmember shall have the right292
341	341	to request a roll-call vote and such vote shall be recorded in the journal. Except as293
342	342	otherwise provided in this charter, the affirmative vote of three councilmembers shall be294
343	343	required for the adoption of any ordinance, resolution, or motion. An abstention shall be295
344	344	counted as an affirmative vote.296
345	345	H. B. 869
346	346	- 13 - 24 LC 44 2506
347	347	SECTION 2.21.
348	348	297
349	349	Ordinance form; procedures.298
350	350	(a) Every proposed ordinance shall be introduced in writing and in the form required for299
351	351	final adoption. No ordinance shall contain a subject which is not expressed in its title. The300
352	352	enacting clause shall be "It is hereby ordained by the governing authority of the City of301
353	353	Mulberry..." and every ordinance shall so begin.302
354	354	(b) An ordinance may be introduced by any councilmember and be read at a regular or303
355	355	special meeting of the city council. Ordinances shall be considered and adopted or rejected304
356	356	by the city council in accordance with the rules which it shall establish; provided, however,305
357	357	that an ordinance shall not be adopted the same day it is introduced, except for emergency306
358	358	ordinances provided for in Section 2.23 of this charter. Upon introduction of any307
359	359	ordinance, the clerk shall as soon as possible distribute a copy to each councilmember and308
360	360	shall file a reasonable number of copies in the office of the clerk and at such other public309
361	361	places as the city council may designate.310
362	362	SECTION 2.22.311
363	363	Action requiring an ordinance.312
364	364	(a) Acts of the city council which have the force and effect of law shall be enacted by313
365	365	ordinance.314
366	366	(b) In addition to any other notice or hearing provision of state law, prior to the adoption315
367	367	of any ordinance or resolution changing any rate of taxation, amending the city's land use316
368	368	plan, or approving the issuance of a general obligation or revenue bond the city shall:317
369	369	(1) Publish notice of such proposed action for two consecutive weeks in the legal organ318
370	370	of the county;319
371	371	H. B. 869
372	372	- 14 - 24 LC 44 2506
373	373	(2) Publish notice of such proposed action on any and all websites and social media
374	374	320
375	375	accounts maintained by the city; and321
376	376	(3) Conduct two public hearings on the proposed actions.322
377	377	SECTION 2.23.323
378	378	Emergencies.324
379	379	(a) To meet a public emergency affecting life, health, property, or public peace, the city325
380	380	council may convene on call of the mayor or three councilmembers and may promptly326
381	381	adopt an emergency ordinance, but such ordinance may not levy taxes; regulate the rate327
382	382	charged by any public utility for its services; or authorize the borrowing of money except328
383	383	for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the329
384	384	form prescribed for ordinances generally, except that it shall be plainly designated as an330
385	385	emergency ordinance and shall contain, after the enacting clause, a declaration stating that331
386	386	an emergency exists and describing the emergency in clear and specific terms. An332
387	387	emergency ordinance may be adopted, with or without amendment, or rejected at the333
388	388	meeting at which it is introduced, but the affirmative vote of at least three councilmembers334
389	389	shall be required for adoption. It shall become effective upon adoption or at such later time335
390	390	as it may specify. Every emergency ordinance shall automatically stand repealed 30 days336
391	391	following the date upon which it was adopted, but this shall not prevent reenactment of the337
392	392	ordinance in the manner specified in this section if the emergency still exists. An338
393	393	emergency ordinance may also be repealed by adoption of a repealing ordinance in the339
394	394	same manner specified in this section for adoption of emergency ordinances.340
395	395	(b) Such meetings shall be open to the public to the extent required by law and notice to341
396	396	the public of emergency meetings shall be made as fully as is reasonably possible in342
397	397	accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as343
398	398	are or may hereafter be enacted.344
399	399	H. B. 869
400	400	- 15 - 24 LC 44 2506
401	401	SECTION 2.24.
402	402	345
403	403	Codes of technical regulations.346
404	404	(a) The city council may adopt any standard code of technical regulations by reference347
405	405	thereto in an adopting ordinance. The procedure and requirements governing such348
406	406	adopting ordinance shall be as prescribed for ordinances generally except that: (1) the349
407	407	requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of350
408	408	copies of the ordinance shall be construed to include copies of any code of technical351
409	409	regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of352
410	410	technical regulations, as well as the adopting ordinance, shall be authenticated and recorded353
411	411	by the clerk pursuant to Section 2.25 of this charter.354
412	412	(b) Copies of any adopted code of technical regulations shall be made available by the355
413	413	clerk for inspection by the public.356
414	414	SECTION 2.25.357
415	415	Signing; authenticating;358
416	416	recording; codification; printing.359
417	417	(a) The clerk shall authenticate by the clerk's signature and record in full in a properly360
418	418	indexed book kept for that purpose all ordinances adopted by the city council.361
419	419	(b) The city council shall provide for the preparation of a general codification of all the362
420	420	ordinances of the city having the force and effect of law. The general codification shall be363
421	421	adopted by the city council by ordinance and shall be published promptly, together with364
422	422	all amendments thereto and such codes of technical regulations and other rules and365
423	423	regulations as the city council may specify. This compilation shall be known and cited366
424	424	officially as "The Code of the City of Mulberry, Georgia." Copies of the code shall be367
425	425	H. B. 869
426	426	- 16 - 24 LC 44 2506
427	427	furnished to all officers, departments, and agencies of the city and made available for
428	428	368
429	429	purchase by the public at a reasonable price as fixed by the city council.369
430	430	(c) The city council shall cause each ordinance and each amendment to this charter to be370
431	431	printed promptly following its adoption, and the printed ordinances and charter371
432	432	amendments shall be made available for purchase by the public at reasonable prices to be372
433	433	fixed by the city council. Following publication of the first code under this charter and at373
434	434	all times thereafter, the ordinances and charter amendments shall be printed in substantially374
435	435	the same style as the code currently in effect and shall be suitable in form for incorporation375
436	436	therein. The city council shall make such further arrangements as deemed desirable with376
437	437	reproduction and distribution of any current changes in or additions to codes of technical377
438	438	regulations and other rules and regulations included in the code.378
439	439	SECTION 2.26.379
440	440	City manager; appointment; qualifications; compensation.380
441	441	Reserved.381
442	442	SECTION 2.27.382
443	443	Removal of city manager.383
444	444	Reserved.384
445	445	SECTION 2.28.385
446	446	Acting city manager.386
447	447	Reserved.387
448	448	H. B. 869
449	449	- 17 - 24 LC 44 2506
450	450	SECTION 2.29.
451	451	388
452	452	Powers and duties of the city manager.389
453	453	Reserved.390
454	454	SECTION 2.30.391
455	455	Council interference with administration.392
456	456	The city council shall act in all matters as a body, and no councilmember shall seek393
457	457	individually to influence the official acts of any officer or employee of the city, or direct or394
458	458	request the appointment of any person to, or his or her removal from, any office or position395
459	459	of employment, or to interfere in any way with the performance of the duties by city officers396
460	460	or employees.397
461	461	SECTION 2.31.398
462	462	Appointment of mayor; forfeiture.399
463	463	The mayor of the city shall be appointed from among the councilmembers by a majority vote400
464	464	of the councilmembers at the first regular meeting after the newly elected councilmembers401
465	465	have taken office following each election and the mayor shall be subject to removal and402
466	466	replacement at any time by a majority vote of the councilmembers.403
467	467	H. B. 869
468	468	- 18 - 24 LC 44 2506
469	469	SECTION 2.32.
470	470	404
471	471	Mayor pro tem.405
472	472	The city council at the first regular meeting after the newly elected councilmembers have406
473	473	taken office following each election shall elect a councilmember to serve as mayor pro tem.407
474	474	The mayor pro tem shall be elected by a majority vote of the city council. The mayor pro408
475	475	tem shall assume the duties and powers of the mayor during the mayor's physical or mental409
476	476	disability, suspension from office, or absence. Any such disability of the mayor shall be410
477	477	declared by a majority vote of the city council. The mayor pro tem shall sign all contracts411
478	478	and ordinances in which the mayor has a disqualifying financial interest as provided in412
479	479	Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall be entitled to413
480	480	vote as a member of the council.414
481	481	SECTION 2.33.415
482	482	Powers and duties of mayor.416
483	483	The mayor shall:417
484	484	(1) Preside at all meetings of the city council;418
485	485	(2) Be the head of the city for the purpose of service of process and for ceremonial419
486	486	purposes, and be the official spokesperson for the city and the chief advocate of policy;420
487	487	(3) Have the power to administer oaths and to take affidavits;421
488	488	(4) Sign as a matter of course on behalf of the city all written and approved contracts,422
489	489	ordinances, resolutions, and other instruments executed by the city which by law are423
490	490	required to be in writing;424
491	491	(5) Vote on matters before the city council;425
492	492	(6) Prepare and submit to the city council a recommended annual operating budget and426
493	493	recommended capital budget; and427
494	494	H. B. 869
495	495	- 19 - 24 LC 44 2506
496	496	ARTICLE III.
497	497	428
498	498	ADMINISTRATIVE AFFAIRS429
499	499	SECTION 3.10.430
500	500	Administrative and service departments.431
501	501	(a) Except as otherwise provided in this charter, the city council by ordinance shall432
502	502	prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant433
503	503	all nonelective offices, positions of employment, departments, and agencies of the city as434
504	504	necessary for the proper administration of the affairs and government of this city.435
505	505	(b) Except as otherwise provided by this charter or by law, the directors of departments436
506	506	and other appointed officers of the city shall be appointed solely on the basis of their437
507	507	respective administrative and professional qualifications.438
508	508	(c) All appointed officers and directors of departments shall receive such compensation439
509	509	as prescribed by ordinance.440
510	510	(d) There shall be a director of each department or agency who shall be its principal441
511	511	officer. Each director shall, subject to the direction and supervision of the city council, be442
512	512	responsible for the administration and direction of the affairs and operations of that443
513	513	director's department or agency.444
514	514	(e) All appointed officers and directors shall be employees at will and subject to removal445
515	515	or suspension at any time by the city council otherwise provided by law or ordinance446
516	516	H. B. 869
517	517	- 20 - 24 LC 44 2506
518	518	SECTION 3.11.
519	519	447
520	520	Boards, commissions, and authorities.448
521	521	(a) The city council shall create by ordinance such boards, commissions, and authorities449
522	522	to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council450
523	523	deems necessary and shall by ordinance establish the composition, period of existence,451
524	524	duties, and powers thereof.452
525	525	(b) All members of boards, commissions, and authorities of the city shall be appointed by453
526	526	the city council for such terms of office and in such manner as shall be provided by454
527	527	ordinance, except where other appointing authority, terms of office, or manner of455
528	528	appointment is prescribed by this charter or by law.456
529	529	(c) The city council by ordinance may provide for the compensation and reimbursement457
530	530	for actual and necessary expenses of the members of any board, commission, or authority.458
531	531	(d) Except as otherwise provided by charter or by law, no member of any board,459
532	532	commission, or authority shall hold any elective office in the city.460
533	533	(e) Any vacancy on a board, commission, or authority of the city shall be filled for the461
534	534	unexpired term in the manner prescribed in this charter for original appointment, except as462
535	535	otherwise provided by this charter or by law.463
536	536	(f) No member of a board, commission, or authority shall assume office until that person464
537	537	has executed and filed with the clerk of the city an oath obligating that person to perform465
538	538	faithfully and impartially the duties of that person's office; such oath shall be prescribed466
539	539	by ordinance and administered by the mayor.467
540	540	(g) All members of boards, commissions, or authorities of the city serve at will and may468
541	541	be removed at any time by the city council unless otherwise provided by law.469
542	542	(h) Except as otherwise provided by this charter or by law, each board, commission, or470
543	543	authority of the city shall elect one of its members as chairperson and one member as vice471
544	544	chairperson and may elect as its secretary one of its own members or may appoint as472
545	545	H. B. 869
546	546	- 21 - 24 LC 44 2506
547	547	secretary an employee of the city. Each board, commission, or authority of the city
548	548	473
549	549	government may establish such bylaws, rules, and regulations, not inconsistent with this474
550	550	charter, ordinances of the city, or law, as it deems appropriate and necessary for the475
551	551	fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and476
552	552	regulations shall be filed with the clerk of the city.477
553	553	SECTION 3.12.478
554	554	City attorney.479
555	555	The city council shall appoint a city attorney, together with such assistant city attorneys as480
556	556	may be authorized, and shall provide for the payment of such attorney or attorneys for481
557	557	services rendered to the city. The city attorney shall be responsible for providing for the482
558	558	representation and defense of the city in all litigation in which the city is a party; may be the483
559	559	prosecuting officer in the municipal court; shall attend the meetings of the city council as484
560	560	directed; shall advise the city council and other officers and employees of the city concerning485
561	561	legal aspects of the city's affairs; and shall perform such other duties as may be required by486
562	562	virtue of such person's position as city attorney.487
563	563	SECTION 3.13.488
564	564	City clerk.489
565	565	The city council shall appoint a city clerk who shall not be a councilmember. The city clerk490
566	566	shall be custodian of the official city seal and city records; maintain city council records491
567	567	required by this charter; and perform such other duties as may be required by the city492
568	568	council.493
569	569	H. B. 869
570	570	- 22 - 24 LC 44 2506
571	571	SECTION 3.14.
572	572	494
573	573	Position classification and pay plans.495
574	574	The mayor shall be responsible for the preparation of a position classification and pay plan496
575	575	which shall be submitted to the city council for approval. Such plan may apply to all497
576	576	employees of the city and any of its agencies, departments, boards, commissions, or498
577	577	authorities. When a pay plan has been adopted, the city council shall not increase or decrease499
578	578	the salary range applicable to any position except by amendment of such pay plan. For500
579	579	purposes of this section, all elected and appointed city officials are not city employees.501
580	580	SECTION 3.15.502
581	581	Personnel policies.503
582	582	(a) All employees serve at will and may be removed from office at any time unless504
583	583	otherwise provided by ordinance.505
584	584	(b) No person who has an immediate family member sitting on the city council shall be506
585	585	eligible for employment by the city or for appointment to any board or authority of the city.507
586	586	As used in this paragraph, the term "immediate family member" means a spouse, child,508
587	587	sibling, or parent or the spouse of a child, sibling, or parent.509
588	588	ARTICLE IV.510
589	589	JUDICIAL BRANCH511
590	590	SECTION 4.10.512
591	591	Creation; name.513
592	592	There shall be a court to be known as the Municipal Court of the City of Mulberry.514
593	593	H. B. 869
594	594	- 23 - 24 LC 44 2506
595	595	SECTION 4.11.
596	596	515
597	597	Chief judge; associate judge.516
598	598	(a) The municipal court shall be presided over by a chief judge and such part-time,517
599	599	full-time, or stand-by judges as shall be provided by ordinance.518
600	600	(b) No person shall be qualified or eligible to serve as a judge on the municipal court519
601	601	unless that person shall have attained the age of 21 years and shall be a member of the State520
602	602	Bar of Georgia and shall possess all qualifications required by law. All judges shall be521
603	603	appointed by the city council and shall serve a term as provided by law and until a522
604	604	successor is appointed and qualified.523
605	605	(c) Compensation of the judges shall be fixed by ordinance.524
606	606	(d) Judges may be removed from office as provided by law.525
607	607	(e) Before assuming office, each judge shall take an oath, given by the mayor, that such526
608	608	judge will honestly and faithfully discharge the duties of the judge's office to the best of527
609	609	the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the528
610	610	minutes of the city council journal required in Section 2.19 of this charter.529
611	611	SECTION 4.12.530
612	612	Convening.531
613	613	The municipal court shall be convened at regular intervals as provided by ordinance.532
614	614	SECTION 4.13.533
615	615	Jurisdiction; powers.534
616	616	(a) The municipal court shall try and punish violations of this charter and city ordinances.535
617	617	H. B. 869
618	618	- 24 - 24 LC 44 2506
619	619	(b) The municipal court shall have authority to punish those in its presence for contempt,
620	620	536
621	621	provided that such punishment shall not exceed $200.00 or ten days in jail.537
622	622	(c) The municipal court may fix punishment for offenses within its jurisdiction not538
623	623	exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and539
624	624	imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as540
625	625	now or hereafter provided by law.541
626	626	(d) The municipal court shall have authority to establish a schedule of fees to defray the542
627	627	cost of operation and shall be entitled to reimbursement of the cost of meals, transportation,543
628	628	and caretaking of prisoners bound over to superior courts for violations of state law.544
629	629	(e) The municipal court shall have authority to establish bail and recognizances to ensure545
630	630	the presence of those charged with violations before such court and shall have discretionary546
631	631	authority to accept cash or personal or real property as surety for the appearance of persons547
632	632	charged with violations. Whenever any person shall give bail for that person's appearance548
633	633	and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by549
634	634	the judge presiding at such time and an execution issued thereon by serving the defendant550
635	635	and the defendant's sureties with a rule nisi at least two days before a hearing on the rule551
636	636	nisi. In the event that cash or property is accepted in lieu of bond for security for the552
637	637	appearance of a defendant at trial, and if such defendant fails to appear at the time and553
638	638	place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited554
639	639	to the city, or the property so deposited shall have a lien against it for the value forfeited555
640	640	which lien shall be enforceable in the same manner and to the same extent as a lien for city556
641	641	property taxes.557
642	642	(f) The municipal court shall have the same authority as superior courts to compel the558
643	643	production of evidence in the possession of any party; to enforce obedience to its orders,559
644	644	judgments, and sentences; and to administer such oaths as are necessary.560
645	645	H. B. 869
646	646	- 25 - 24 LC 44 2506
647	647	(g) The municipal court may compel the presence of all parties necessary to a proper
648	648	561
649	649	disposal of each case by the issuance of summonses, subpoenas, and warrants which may562
650	650	be served as executed by any officer as authorized by this charter or by law.563
651	651	(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest564
652	652	of persons charged with offenses against any ordinance of the city, and each judge of the565
653	653	municipal court shall have the same authority as a magistrate of the state to issue warrants566
654	654	for offenses against state laws committed within the city.567
655	655	SECTION 4.14.568
656	656	Certiorari.569
657	657	The right of certiorari from the decision and judgment of the municipal court shall exist in570
658	658	all criminal cases and ordinance violation cases, and such certiorari shall be obtained under571
659	659	the sanction of a judge of the Superior Court of Gwinnett County under the laws of the State572
660	660	of Georgia regulating the granting and issuance of writs of certiorari.573
661	661	SECTION 4.15.574
662	662	Rules for court.575
663	663	With the approval of the city council, the judge shall have full power and authority to make576
664	664	reasonable rules and regulations necessary and proper to secure the efficient and successful577
665	665	administration of the municipal court; provided, however, that the city council may adopt in578
666	666	part or in toto the rules and regulations applicable to municipal courts. The rules and579
667	667	regulations made or adopted shall be filed with the city clerk, shall be available for public580
668	668	inspection, and, upon request, a copy shall be furnished to all defendants in municipal court581
669	669	proceedings at least 48 hours prior to such proceedings.582
670	670	H. B. 869
671	671	- 26 - 24 LC 44 2506
672	672	ARTICLE V.
673	673	583
674	674	ELECTIONS AND REMOVAL584
675	675	SECTION 5.10.585
676	676	Applicability of general law.586
677	677	All primaries and elections shall be held and conducted in accordance with Chapter 2 of587
678	678	Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.588
679	679	SECTION 5.11.589
680	680	Regular elections; time for holding.590
681	681	Except as otherwise provided in Article VIII of this charter for the initial elections, there591
682	682	shall be a municipal general election every four years in odd-numbered years on the Tuesday592
683	683	next following the first Monday in November. There shall be elected five councilmembers593
684	684	at each election so that a continuing body is created.594
685	685	SECTION 5.12.595
686	686	Nonpartisan elections.596
687	687	Political parties shall not conduct primaries for city offices and all names of candidates for597
688	688	city offices shall be listed without party labels.598
689	689	SECTION 5.13.599
690	690	Election by majority.600
691	691	The candidate receiving a majority of the votes cast for any city office shall be elected.601
692	692	H. B. 869
693	693	- 27 - 24 LC 44 2506
694	694	SECTION 5.14.
695	695	602
696	696	Special elections; vacancies.603
697	697	In the event that the office of councilmember shall become vacant as provided in604
698	698	Section 2.12 of this charter, the city council or those councilmembers remaining shall order605
699	699	a special election to fill the balance of the unexpired term of such official; provided,606
700	700	however, that, if such vacancy occurs within 12 months of the expiration of the term of that607
701	701	office, the city council or those members remaining shall appoint a successor for the608
702	702	remainder of the term. In all other respects, the special election shall be held and conducted609
703	703	in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as610
704	704	now or hereafter amended.611
705	705	SECTION 5.15.612
706	706	Other provisions.613
707	707	Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe614
708	708	such rules and regulations as it deems appropriate to fulfill any options and duties under615
709	709	Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."616
710	710	SECTION 5.16.617
711	711	Removal of officers.618
712	712	(a) A councilmember or other appointed officers provided for in this charter shall be619
713	713	removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A.620
714	714	or such other applicable laws as are or may hereafter be enacted.621
715	715	(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished622
716	716	by one of the following methods:623
717	717	H. B. 869
718	718	- 28 - 24 LC 44 2506
719	719	(1) Following a hearing at which an impartial panel shall render a decision. In the event
720	720	624
721	721	an elected officer is sought to be removed by the action of the city council, such officer625
722	722	shall be entitled to a written notice specifying the ground or grounds for removal and to626
723	723	a public hearing which shall be held not less than ten days after the service of such627
724	724	written notice. The city council shall provide by ordinance for the manner in which such628
725	725	hearings shall be held. Any elected officer sought to be removed from office as provided629
726	726	in this section shall have the right of appeal from the decision of the city council to the630
727	727	Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as631
728	728	govern appeals to the superior court from the probate court; or632
729	729	(2) By an order of the Superior Court of Gwinnett County following a hearing on a633
730	730	complaint seeking such removal brought by any resident of the City of Mulberry.634
731	731	ARTICLE VI.635
732	732	FINANCE636
733	733	SECTION 6.10.637
734	734	Property tax.638
735	735	The city council shall not assess, levy, or collect any ad valorem taxes on any real or personal639
736	736	property within the corporate limits of the city.640
737	737	SECTION 6.11.641
738	738	Millage rate and due dates.642
739	739	The city council shall not establish a millage rate in excess of 0 mills.643
740	740	H. B. 869
741	741	- 29 - 24 LC 44 2506
742	742	SECTION 6.12.
743	743	644
744	744	Occupation and business taxes.645
745	745	The city council by ordinance shall have the power to levy such occupation or business taxes646
746	746	as are not denied by law. The city council may classify businesses, occupations, or647
747	747	professions for the purpose of such taxation in any way which may be lawful and may648
748	748	compel the payment of such taxes as provided in Section 6.18 of this charter.649
749	749	SECTION 6.13.650
750	750	Licenses; permits; fees.651
751	751	The city council by ordinance shall have the power to require businesses or practitioners652
752	752	doing business in this city to obtain a permit for such activity from the city and pay a653
753	753	regulatory fee for such permit as provided by general law. Such fees shall reflect the total654
754	754	cost to the city of regulating the activity and, if unpaid, shall be collected as provided in655
755	755	Section 6.18 of this charter.656
756	756	SECTION 6.14.657
757	757	Franchises.658
758	758	Reserved.659
759	759	SECTION 6.15.660
760	760	Service charges.661
761	761	Reserved.662
762	762	H. B. 869
763	763	- 30 - 24 LC 44 2506
764	764	SECTION 6.16.
765	765	663
766	766	Special assessments.664
767	767	The city council by ordinance shall have the power to assess and collect the cost of665
768	768	constructing, reconstructing, widening, or improving any public way, street, sidewalk,666
769	769	curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property667
770	770	owners. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.668
771	771	SECTION 6.17.669
772	772	Construction; other taxes.670
773	773	Reserved.671
774	774	SECTION 6.18.672
775	775	Collection of delinquent taxes and fees.673
776	776	The city council by ordinance may provide generally for the collection of delinquent taxes,674
777	777	fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by675
778	778	whatever reasonable means as are not precluded by law. This shall include providing for the676
779	779	dates when the taxes or fees are due; late penalties or interest; issuance and execution of677
780	780	fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the678
781	781	persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any679
782	782	city taxes or fees; and providing for the assignment or transfer of tax executions.680
783	783	H. B. 869
784	784	- 31 - 24 LC 44 2506
785	785	SECTION 6.19.
786	786	681
787	787	General obligation bonds.682
788	788	The city council shall have the power to issue bonds for the purpose of raising revenue to683
789	789	carry out any project, program, or venture authorized under this charter or the laws of the684
790	790	state. Such bonding authority shall be exercised in accordance with the laws governing bond685
791	791	issuance by municipalities in effect at the time said issue is undertaken.686
792	792	SECTION 6.20.687
793	793	Revenue bonds.688
794	794	Revenue bonds may be issued by the city council as state law now or hereafter provides.689
795	795	Such bonds are to be paid out of any revenue produced by the project, program, or venture690
796	796	for which they were issued.691
797	797	SECTION 6.21.692
798	798	Short-term loans.693
799	799	The city may obtain short-term loans and must repay such loans not later than December 31694
800	800	of each year, unless otherwise provided by law.695
801	801	SECTION 6.22.696
802	802	Lease-purchase contracts.697
803	803	The city may enter into multiyear lease, purchase, or lease-purchase contracts for the698
804	804	acquisition of goods, materials, real and personal property, services, and supplies, provided699
805	805	the contract terminates without further obligation on the part of the municipality at the close700
806	806	H. B. 869
807	807	- 32 - 24 LC 44 2506
808	808	of the calendar year in which it was executed and at the close of each succeeding calendar
809	809	701
810	810	year for which it may be renewed. Contracts must be executed in accordance with the702
811	811	requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are703
812	812	or may hereafter be enacted.704
813	813	SECTION 6.23.705
814	814	Fiscal year.706
815	815	The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the707
816	816	budget year and the year for financial accounting and reporting of each and every office,708
817	817	department, agency, and activity of the city government.709
818	818	SECTION 6.24.710
819	819	Budget ordinance.711
820	820	The city council shall provide an ordinance on the procedures and requirements for the712
821	821	preparation and execution of an annual operating budget, a capital improvement plan, and713
822	822	a capital budget, including requirements as to the scope, content, and form of such budgets714
823	823	and plans. The city council shall also comply with the budgeting and auditing provisions of715
824	824	Chapter 81 of Title 36 of the O.C.G.A.716
825	825	SECTION 6.25.717
826	826	Operating budget.718
827	827	On or before a date fixed by the city council but not later than 60 days prior to the beginning719
828	828	of each fiscal year, the mayor shall submit to the city council a proposed operating budget720
829	829	for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor721
830	830	H. B. 869
831	831	- 33 - 24 LC 44 2506
832	832	containing a statement of the general fiscal policies of the city, the important features of the
833	833	722
834	834	budget, explanations of major changes recommended for the next fiscal year, a general723
835	835	summary of the budget, and other pertinent comments and information. The operating724
836	836	budget and the capital budget provided for in Section 6.29 of this charter, the budget725
837	837	message, and all supporting documents shall be filed in the office of the city clerk and shall726
838	838	be open to public inspection.727
839	839	SECTION 6.26.728
840	840	Action by city council on budget.729
841	841	(a) The councilmembers may amend the operating budget proposed by the mayor, except730
842	842	that the budget as finally amended and adopted must provide for all expenditures required731
843	843	by state law or by other provisions of this charter and for all debt service requirements for732
844	844	the ensuing fiscal year. The total appropriations from any fund shall not exceed the733
845	845	estimated fund balance, reserves, and revenues.734
846	846	(b) The city council by ordinance shall adopt the final operating budget for the ensuing735
847	847	fiscal year not later than 15 days prior to the end of the current fiscal year. If the city736
848	848	council fails to adopt the budget by said date, the amounts appropriated for operation for737
849	849	the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a738
850	850	month-to-month basis, with all items prorated accordingly, until such time as the city739
851	851	council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the740
852	852	form of an appropriations ordinance setting out the estimated revenues in detail by sources741
853	853	and making appropriations according to fund and by organizational unit, purpose, or742
854	854	activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of743
855	855	this charter.744
856	856	(c) The amount set out in the adopted operating budget for each organizational unit shall745
857	857	constitute the annual appropriation for such, and no expenditure shall be made or746
858	858	H. B. 869
859	859	- 34 - 24 LC 44 2506
860	860	encumbrance created in excess of the otherwise unencumbered balance of the
861	861	747
862	862	appropriations or allotment thereof to which it is chargeable.748
863	863	SECTION 6.27.749
864	864	Levy of taxes.750
865	865	The city council shall levy by ordinance such taxes as are necessary and consistent with this751
866	866	Act. The taxes and tax rates set by such ordinance shall be such that reasonable estimates752
867	867	of revenues from such levy shall at least be sufficient, together with other anticipated753
868	868	revenues, fund balances, and applicable reserves, to equal the total amount appropriated for754
869	869	each of the several funds set forth in the annual operating budget for defraying the expenses755
870	870	of the general government of this city.756
871	871	SECTION 6.28.757
872	872	Changes in appropriations.758
873	873	The city council by ordinance may make changes in the appropriations contained in the759
874	874	current operating budget at any regular meeting or special or emergency meeting called for760
875	875	such purpose, but any additional appropriations may be made only from an existing761
876	876	unexpended surplus.762
877	877	SECTION 6.29.763
878	878	Capital improvements.764
879	879	(a) On or before the date fixed by the city council, but not later than 60 days prior to the765
880	880	beginning of each fiscal year, the mayor shall submit to the city council a proposed capital766
881	881	improvements plan with a recommended capital budget containing the means of financing767
882	882	H. B. 869
883	883	- 35 - 24 LC 44 2506
884	884	the improvements proposed for the ensuing fiscal year. The city council shall have power
885	885	768
886	886	to accept, with or without amendments, or reject the proposed plan and budget. The city769
887	887	council shall not authorize an expenditure for the construction of any building, structure,770
888	888	work, or improvement unless the appropriations for such project are included in the capital771
889	889	budget, except to meet a public emergency as provided in Section 2.23 of this charter.772
890	890	(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal773
891	891	year not later than December 15 of each year. No appropriation provided for in a prior774
892	892	capital budget shall lapse until the purpose for which the appropriation was made shall775
893	893	have been accomplished or abandoned; provided, however, that the mayor may submit776
894	894	amendments to the capital budget at any time during the fiscal year, accompanied by777
895	895	recommendations. Any such amendments to the capital budget shall become effective only778
896	896	upon adoption by ordinance.779
897	897	SECTION 6.30.780
898	898	Audits.781
899	899	There shall be an annual independent audit of all city accounts, funds, and financial782
900	900	transactions by a certified public accountant selected by the city council. The audit shall be783
901	901	conducted according to generally accepted auditing principles. Any audit of any funds by784
902	902	the state or federal governments may be accepted as satisfying the requirements of this785
903	903	charter. Copies of annual audit reports shall be available at printing costs to the public.786
904	904	SECTION 6.31.787
905	905	Procurement and property management.788
906	906	No contract with the city shall be binding on the city unless:789
907	907	(1) It is in writing;790
908	908	H. B. 869
909	909	- 36 - 24 LC 44 2506
910	910	(2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of
911	911	791
912	912	course, is signed by the city attorney to indicate such drafting or review; and792
913	913	(3) It is made or authorized by the city council and such approval is entered in the city793
914	914	council journal of proceedings pursuant to Section 2.19 of this charter.794
915	915	SECTION 6.32.795
916	916	Purchasing.796
917	917	The city council shall by ordinance prescribe procedures for a system of centralized797
918	918	purchasing for the city.798
919	919	SECTION 6.33.799
920	920	Sale and lease of property.800
921	921	(a) The city council may sell and convey or lease any real or personal property owned or801
922	922	held by the city for governmental or other purposes as now or hereafter provided by law.802
923	923	(b) The city council may quitclaim any rights it may have in property not needed for public803
924	924	purposes upon report by the mayor and adoption of a resolution, both finding that the804
925	925	property is not needed for public or other purposes and that the interest of the city has no805
926	926	readily ascertainable monetary value.806
927	927	(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place807
928	928	of the city a small parcel or tract of land is cut off or separated by such work from a larger808
929	929	tract or boundary of land owned by the city, the city council may authorize the mayor to809
930	930	sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining810
931	931	property owner or owners where such sale and conveyance facilitates the highest and best811
932	932	use of the abutting owner's property. Included in the sales contract shall be a provision for812
933	933	the rights of way of said street, avenue, alley, or public place. Each abutting property813
934	934	H. B. 869
935	935	- 37 - 24 LC 44 2506
936	936	owner shall be notified of the availability of the property and given the opportunity to
937	937	814
938	938	purchase said property under such terms and conditions as set out by ordinance. All deeds815
939	939	and conveyances heretofore and hereafter so executed and delivered shall convey all title816
940	940	and interest the city has in such property, notwithstanding the fact that no public sale after817
941	941	advertisement was or is hereafter made.818
942	942	SECTION 6.34.819
943	943	Apportionment of revenue.820
944	944	Except as otherwise agreed pursuant to Chapter 70 of Title 36 of the O.C.G.A., the city is821
945	945	authorized to pay all revenues collected by Gwinnett County on behalf of the city to the822
946	946	county in exchange for continuation of services during the transition period provided in823
947	947	Section 8.11 of this charter and beyond, with the exception of fines collected in municipal824
948	948	court.825
949	949	ARTICLE VII.826
950	950	GENERAL PROVISIONS827
951	951	SECTION 7.10.828
952	952	Bonds for officials.829
953	953	The officers and employees of this city, both elected and appointed, shall execute such surety830
954	954	or fidelity bonds in such amounts and upon such terms and conditions as the city council831
955	955	shall from time to time require by ordinance or as may be provided by law.832
956	956	H. B. 869
957	957	- 38 - 24 LC 44 2506
958	958	SECTION 7.11.
959	959	833
960	960	Construction and definitions.834
961	961	(a) Section captions in this charter are informative only and are not to be considered as a835
962	962	part thereof.836
963	963	(b) The word "shall" is mandatory and the word "may" is permissive.837
964	964	(c) The singular shall include the plural, the masculine shall include the feminine, and vice838
965	965	versa.839
966	966	ARTICLE VIII.840
967	967	REFERENDUM AND INITIAL ELECTIONS841
968	968	SECTION 8.10.842
969	969	Referendum and initial election.843
970	970	(a) The election superintendent of Gwinnett County shall call a special election for the844
971	971	purpose of submitting this Act to the qualified voters of the proposed City of Mulberry for845
972	972	approval or rejection. The superintendent shall set the date of such election concurrent846
973	973	with the general primary election in 2024. The superintendent shall issue the call for such847
974	974	election at least 30 days prior to the date thereof. The superintendent shall cause the date848
975	975	and purpose of the election to be published once a week for two weeks immediately849
976	976	preceding the date thereof in the official organ of Gwinnett County. The ballot shall have850
977	977	written or printed thereon the words:851
978	978	"( ) YES852
979	979	( ) NO853
980	980	Shall the Act incorporating the City of Mulberry in Gwinnett County
981	981	according to the charter contained in the Act be approved?"
982	982	All persons desiring to vote for approval of the Act shall vote "Yes," and those persons
983	983	854
984	984	desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes855
985	985	H. B. 869
986	986	- 39 - 24 LC 44 2506
987	987	cast on such question are for approval of the Act, it shall become of full force and effect
988	988	856
989	989	as provided in Section 8.11 of this charter, otherwise it shall be void and of no force and857
990	990	effect.858
991	991	The initial expense of such election shall be borne by Gwinnett County. Within two years859
992	992	after the elections if the incorporation is approved, the City of Mulberry shall reimburse860
993	993	Gwinnett County for the actual cost of printing and personnel services for such election and861
994	994	for the initial election of the councilmembers pursuant to this charter. It shall be the862
995	995	election superintendent's duty to certify the result thereof to the Secretary of State. The863
996	996	provisions of this section shall be mandatory upon the election superintendent and are not864
997	997	intended as directory. If the election superintendent fails or refuses to comply with this865
998	998	section, any elector of Gwinnett County may apply for a writ of mandamus to compel the866
999	999	election superintendent to perform his or her duties under this section. If the court finds867
1000	1000	that the election superintendent has not complied with this section, the court shall fashion868
1001	1001	appropriate relief requiring the election superintendent to call and conduct such election869
1002	1002	on the date required by this section or on the next date authorized for special elections870
1003	1003	provided for in Code Section 21-2-540 of the O.C.G.A.871
1004	1004	(b) For the purposes of the referendum election provided for in subsection (a) of this872
1005	1005	section and for the purposes of the special election of the City of Mulberry to be held on873
1006	1006	the Tuesday after the first Monday in November, 2024, the qualified electors of the City874
1007	1007	of Mulberry shall be those qualified electors of Gwinnett County residing within the875
1008	1008	corporate limits of the City of Mulberry as described by Appendix A of this charter. At876
1009	1009	subsequent municipal elections, the qualified electors of the City of Mulberry shall be877
1010	1010	determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A. known as the878
1011	1011	"Georgia Election Code."879
1012	1012	(c) Only for the purposes of holding and conducting the referendum election provided for880
1013	1013	in subsection (a) of this section and holding the special election of the City of Mulberry to881
1014	1014	be held on the Tuesday after the first Monday in November, 2024, the election882
1015	1015	H. B. 869
1016	1016	- 40 - 24 LC 44 2506
1017	1017	superintendent of Gwinnett County is vested with the powers and duties of the election
1018	1018	883
1019	1019	superintendent of the City of Mulberry and the powers and duties of the governing884
1020	1020	authority of the City of Mulberry.885
1021	1021	SECTION 8.11.886
1022	1022	Effective dates and transition.887
1023	1023	(a) The provisions of this Act necessary for the referendum election provided for in888
1024	1024	Section 8.10 of this charter shall become effective immediately upon this Act's approval889
1025	1025	by the Governor or upon its becoming law without such approval.890
1026	1026	(b) Those provisions of this Act necessary for the special election provided for in891
1027	1027	Section 8.13 of this charter shall be effective upon the certification of the results of the892
1028	1028	referendum election provided for by Section 8.10 of this charter if this Act is approved at893
1029	1029	such referendum election.894
1030	1030	(c) Except as provided in Section 8.10 of this charter, the remaining provisions of this Act895
1031	1031	shall become of full force and effect for all purposes at 12:00 Midnight on January 1, 2025,896
1032	1032	except that the initial councilmembers shall take office immediately following their897
1033	1033	election and the certification thereof and by action of a quorum may prior to 12:00898
1034	1034	Midnight on January 1, 2025, meet and take actions binding on the city.899
1035	1035	(d) A period of time will be needed for an orderly transition of various government900
1036	1036	functions from Gwinnett County to the City of Mulberry. Accordingly there shall be a901
1037	1037	transition period beginning on the date the initial councilmembers take office under this902
1038	1038	charter, and ending at 12:00 Midnight on December 31, 2026. During such transition903
1039	1039	period, all provisions of this charter shall be effective as law, but not all provisions of this904
1040	1040	charter shall be implemented.905
1041	1041	(e) During such transition period, Gwinnett County shall continue to provide within the906
1042	1042	territorial limits of the city all government services and functions which Gwinnett County907
1043	1043	H. B. 869
1044	1044	- 41 - 24 LC 44 2506
1045	1045	provided in that area during the years 2023 and 2024 and at the same actual cost, except
1046	1046	908
1047	1047	to the extent otherwise provided in this section and except that the governing authority of909
1048	1048	Gwinnett County shall make no modifications to the zoning of any property located within910
1049	1049	the city during such transition period; provided, however, that upon at least 60 days' prior911
1050	1050	written notice to Gwinnett County by the City of Mulberry, responsibility for any such912
1051	1051	service or function shall be transferred to the City of Mulberry. During the transition913
1052	1052	period, the city shall remain within the Gwinnett County special services district, but shall914
1053	1053	be removed from such district at the conclusion of such period. Beginning915
1054	1054	December 1, 2025, the City of Mulberry shall collect taxes, fees, assessments, fines and916
1055	1055	forfeitures, and other moneys within the territorial limits of the city in the same manner as917
1056	1056	authorized immediately prior to the effective date of this section; provided, however, that918
1057	1057	upon at least 60 days' prior written notice to Gwinnett County by the City of Mulberry, the919
1058	1058	authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain920
1059	1059	with Gwinnett County after December 1, 2025, until such time as Gwinnett County921
1060	1060	receives subsequent notice from the City of Mulberry that such authority shall be922
1061	1061	transferred to the City of Mulberry.923
1062	1062	(f) During the transition period, the governing authority of the City of Mulberry:924
1063	1063	(1) Shall hold regular meetings and may hold special meetings as provided in this925
1064	1064	charter;926
1065	1065	(2) May enact ordinances and resolutions as provided in this charter;927
1066	1066	(3) May amend this charter by home rule action as provided by general law;928
1067	1067	(4) May accept gifts and grants;929
1068	1068	(5) May borrow money and incur indebtedness to the extent authorized by this charter930
1069	1069	and general law;931
1070	1070	(6) Reserved;932
1071	1071	(7) May establish a fiscal year and budget;933
1072	1072	H. B. 869
1073	1073	- 42 - 24 LC 44 2506
1074	1074	(8) May create, alter, or abolish departments, boards, offices, commissions, and agencies
1075	1075	934
1076	1076	of the city; appoint and remove officers and employees; and exercise all necessary or935
1077	1077	appropriate personnel and management functions; and936
1078	1078	(9) May generally exercise any power granted by this charter or general law, except to937
1079	1079	the extent that a power is specifically and integrally related to the provision of a938
1080	1080	governmental service, function, or responsibility not yet provided or carried out by the939
1081	1081	city.940
1082	1082	(g) Except as otherwise provided in this section, during the transition period, the941
1083	1083	Municipal Court of the City of Mulberry shall not exercise its jurisdiction. During the942
1084	1084	transition period, all ordinances of Gwinnett County shall remain applicable within the943
1085	1085	territorial limits of the city and the appropriate court or courts of Gwinnett County shall944
1086	1086	retain jurisdiction to enforce such ordinances. However, by mutual agreement and945
1087	1087	concurrent resolutions and ordinances if needed Gwinnett County and the City of Mulberry946
1088	1088	may during the transition period transfer all or part of such regulatory authority and the947
1089	1089	appropriate court jurisdiction to the City of Mulberry. Any transfer of jurisdiction to the948
1090	1090	City of Mulberry during or at the end of the transition period shall not in and of itself abate949
1091	1091	any judicial proceeding pending in Gwinnett County or the pending prosecution of any950
1092	1092	violation of any ordinance of Gwinnett County.951
1093	1093	(h) During the transition period, the governing authority of the City of Mulberry may at952
1094	1094	any time, without the necessity of any agreement by Gwinnett County, commence to953
1095	1095	exercise its code enforcement and planning and zoning powers; provided, however, that the954
1096	1096	city shall give the county notice of the date on which the city will assume the exercise of955
1097	1097	such powers. Upon the governing authority of the City of Mulberry commencing to956
1098	1098	exercise its code enforcement and planning and zoning powers, the Municipal Court of the957
1099	1099	City of Mulberry shall immediately have jurisdiction to enforce the code enforcement and958
1100	1100	planning and zoning ordinances of the city. The provisions of this subsection shall control959
1101	1101	over any conflicting provisions of any other subsection of this section.960
1102	1102	H. B. 869
1103	1103	- 43 - 24 LC 44 2506
1104	1104	(i) Effective upon the termination of the transition period, subsections (b) through (h) of
1105	1105	961
1106	1106	this section shall cease to apply except for the last sentence of subsection (g) which shall962
1107	1107	remain effective. Effective upon the termination of the transition period, the City of963
1108	1108	Mulberry shall be a full functioning municipal corporation and subject to all general laws964
1109	1109	of this state.965
1110	1110	SECTION 8.12.966
1111	1111	Directory nature of dates.967
1112	1112	It is the intention of the General Assembly that this Act be construed as directory rather than968
1113	1113	mandatory with respect to any date prescribed in this Act. If it is necessary to delay any969
1114	1114	action called for in this Act for providential cause or any other reason, it is the intention of970
1115	1115	the General Assembly that the action be delayed rather than abandoned. Any delay in971
1116	1116	performing any action under this Act, whether for cause or otherwise, shall not operate to972
1117	1117	frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is973
1118	1118	specifically provided that:974
1119	1119	(1) If it is not possible to hold the referendum election provided for in Section 8.10 of975
1120	1120	this charter on the date specified in that section, then such referendum shall be held as976
1121	1121	soon thereafter as is reasonably practicable; and977
1122	1122	(2) If it is not possible to hold the first election provided for in Section 8.13 of this978
1123	1123	charter on the date specified in that section, then there shall be a special election for the979
1124	1124	initial members of the governing authority to be held as soon thereafter as is reasonably980
1125	1125	practicable, and the commencement of the initial terms of office shall be delayed981
1126	1126	accordingly.982
1127	1127	H. B. 869
1128	1128	- 44 - 24 LC 44 2506
1129	1129	SECTION 8.13.
1130	1130	983
1131	1131	Special election.984
1132	1132	(a) The first election for councilmembers shall be a special election held on the Tuesday985
1133	1133	after the first Monday in November, 2024. At such election, the first councilmembers shall986
1134	1134	be elected to serve for the initial terms of office specified in subsection (b) of this section.987
1135	1135	Thereafter, the time for holding regular municipal elections shall be on the Tuesday next988
1136	1136	following the first Monday in November of each odd-numbered year beginning in 2025.989
1137	1137	The successors to the first initial councilmembers and future successors shall take office990
1138	1138	at the first organizational meeting in January immediately following their election and shall991
1139	1139	serve for terms of four years and until their respective successors are elected and qualified.992
1140	1140	(b) The initial councilmembers elected by a majority vote of the qualified electors of the993
1141	1141	city from the five districts shall serve a term of office through December 31, 2027, and994
1142	1142	until their respective successors are elected and qualified. Thereafter, successors to such995
1143	1143	initial councilmembers shall serve four-year terms of office and until their respective996
1144	1144	successors are elected and qualified.997
1145	1145	ARTICLE IX.998
1146	1146	GENERAL REPEALER999
1147	1147	SECTION 9.10.1000
1148	1148	General repealer.1001
1149	1149	All laws and parts of laws in conflict with this Act are repealed.1002
1150	1150	H. B. 869
1151	1151	- 45 - 24 LC 44 2506
1152	1152	APPENDIX A
1153	1153	1003
1154	1154	LEGAL DESCRIPTION1004
1155	1155	CITY OF MULBERRY, GEORGIA1005
1156	1156	User: H104 1006
1157	1157	Plan Name: Mulberry-City-2024 1007
1158	1158	Plan Type: Local 1008
1159	1159	VTD DUNCANS A1009
1160	1160	VTD DUNCANS B1010
1161	1161	VTD DUNCANS C1011
1162	1162	VTD DUNCANS D1012
1163	1163	Block 050615 1013
1164	1164	1000 1012 1014
1165	1165	Block 050616 1015
1166	1166	1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 2000 20011016
1167	1167	2002 2003 2004 2005 1017
1168	1168	Block 050617 1018
1169	1169	4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4012 40211019
1170	1170	4022 4023 5032 1020
1171	1171	VTD PUCKETTS C1021
1172	1172	Block 050615 1022
1173	1173	1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 10181023
1174	1174	2000 2001 2002 2003 1024
1175	1175	Block 050635 1025
1176	1176	1003 1004 1005 1006 1007 1026
1177	1177	H. B. 869
1178	1178	- 46 - 24 LC 44 2506
1179	1179	Block 050636
1180	1180	1027
1181	1181	1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1028
1182	1182	VTD ROCKYCREEK A1029
1183	1183	Block 050619 1030
1184	1184	1006 1009 1010 1013 1014 1015 1016 1017 1020 1021 1022 30001031
1185	1185	3001 3002 3003 3006 3007 3008 3010 1032
1186	1186	Block 050628 1033
1187	1187	1000 1001 2000 2001 2002 2003 2004 2005 2006 2007 2008 30001034
1188	1188	3001 3002 1035
1189	1189	H. B. 869
1190	1190	- 47 - 24 LC 44 2506
1191	1191	APPENDIX B
1192	1192	1036
1193	1193	City Council Districts1037
1194	1194	User: H104 1038
1195	1195	Plan Name: Mulberry-Dist-2024 1039
1196	1196	Plan Type: Local1040
1197	1197	District 0011041
1198	1198	County Gwinnett GA 1042
1199	1199	VTD DUNCANS D1043
1200	1200	Block 050615 1044
1201	1201	1000 1012 1045
1202	1202	Block 050616 1046
1203	1203	1003 1004 1006 1007 1008 1009 1010 1047
1204	1204	VTD PUCKETTS C1048
1205	1205	Block 050615 1049
1206	1206	1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 10181050
1207	1207	2000 2001 2002 2003 1051
1208	1208	Block 050635 1052
1209	1209	1003 1004 1005 1006 1007 1053
1210	1210	Block 050636 1054
1211	1211	1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1055
1212	1212	District 0021056
1213	1213	County Gwinnett GA 1057
1214	1214	VTD DUNCANS B1058
1215	1215	Block 050617 1059
1216	1216	2000 2001 2002 2003 2004 2005 2006 3000 3001 3002 3007 40131060
1217	1217	H. B. 869
1218	1218	- 48 - 24 LC 44 2506
1219	1219	4014 4015 4016 4018 4019 4020 4024 4025
1220	1220	1061
1221	1221	VTD DUNCANS D1062
1222	1222	Block 050616 1063
1223	1223	1000 1001 1002 2000 2001 2002 2003 2004 2005 1064
1224	1224	Block 050617 1065
1225	1225	4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4012 40211066
1226	1226	4022 4023 5032 1067
1227	1227	District 0031068
1228	1228	County Gwinnett GA 1069
1229	1229	VTD DUNCANS A1070
1230	1230	VTD DUNCANS C1071
1231	1231	Block 050620 1072
1232	1232	1000 1001 1002 1003 1004 1005 1006 1007 1073
1233	1233	District 0041074
1234	1234	County Gwinnett GA 1075
1235	1235	VTD DUNCANS B1076
1236	1236	Block 050618 1077
1237	1237	1000 1001 1002 1003 1004 1078
1238	1238	Block 050619 1079
1239	1239	1000 1001 1002 1003 1004 1005 1007 1008 1012 2000 2001 20021080
1240	1240	2003 2004 1081
1241	1241	VTD DUNCANS C1082
1242	1242	Block 050618 1083
1243	1243	2000 2001 2002 3000 3001 3002 3003 3004 1084
1244	1244	Block 050619 1085
1245	1245	H. B. 869
1246	1246	- 49 - 24 LC 44 2506
1247	1247	2005 2006 3004 3005
1248	1248	1086
1249	1249	VTD ROCKYCREEK A1087
1250	1250	Block 050619 1088
1251	1251	1010 1013 1014 1015 1016 1017 1089
1252	1252	District 0051090
1253	1253	County Gwinnett GA 1091
1254	1254	VTD ROCKYCREEK A1092
1255	1255	Block 050619 1093
1256	1256	1006 1009 1020 1021 1022 3000 3001 3002 3003 3006 3007 30081094
1257	1257	3010 1095
1258	1258	Block 050628 1096
1259	1259	1000 1001 2000 2001 2002 2003 2004 2005 2006 2007 2008 30001097
1260	1260	3001 3002 1098
1261	1261	H. B. 869
1262	1262	- 50 - 24 LC 44 2506
1263	1263	APPENDIX C
1264	1264	1099
1265	1265	CERTIFICATE AS TO MINIMUM STANDARDS1100
1266	1266	FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION1101
1267	1267	I, Chuck Efstration, Georgia State Representative from the 104th District and the author of1102
1268	1268	this bill introduced at the 2024 regular session of the General Assembly of Georgia, which1103
1269	1269	grants an original municipal charter to the City of Mulberry, do hereby certify that this bill1104
1270	1270	is in compliance with the minimum standards required by Chapter 31 of Title 36 of the1105
1271	1271	O.C.G.A. in that the area embraced within the original incorporation in this bill is in all1106
1272	1272	respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the1107
1273	1273	O.C.G.A. This certificate is executed to conform to the requirements of Code1108
1274	1274	Section 36-31-5 of the O.C.G.A.1109
1275	1275	So certified this ___________ day of ________________, 2024.1110
1276	1276	________________________________1111
1277	1277	1112
1278	1278	Honorable Chuck Efstration1113
1279	1279	Representative, 104th District1114
1280	1280	Georgia House of Representatives1115
1281	1281	H. B. 869
1282	1282	- 51 -