24 LC 44 2506
House Bill 869
By: Representatives Efstration of the 104
th
, McCollum of the 30
th
, and Mughal of the 105
th
A BILL TO BE ENTITLED
AN ACT
To incorporate the City of Mulberry; to provide a charter; to provide for legislative findings;
1
to provide for boundaries and powers of the city; to provide for a governing authority of such2
city and the powers, duties, authority, election, terms, term limits, vacancies, compensation,3
expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from4
office relative to members of such governing authority; to provide for inquiries and5
investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and6
procedures; to provide for ordinances and codes; to provide additional notice and hearing7
requirements; to provide for a mayor, mayor pro tempore, and certain duties, powers, and8
other matters relative thereto; to prohibit council interference with administration; to provide9
for administrative affairs and responsibilities; to provide for boards, commissions, and10
authorities; to provide for a city attorney, a city clerk, and other personnel and matters11
relating thereto; to provide for rules and regulations; to provide for a municipal court and the12
judge or judges thereof and other matters relative to those judges; to provide for the court's13
jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to14
provide for elections; to provide for taxation, licenses, and fees; to provide for special15
assessments; to provide for bonded and other indebtedness; to provide for auditing,16
accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to17
provide for the conveyance of property and interests therein; to provide for bonds for18
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officials; to provide for prior ordinances and rules, pending matters, and existing personnel;
19
to provide for penalties; to provide for definitions and construction; to provide for other20
matters relative to the foregoing; to provide for a referendum, effective dates, and automatic21
repeal; to provide for mandatory execution of election and judicial remedies regarding failure22
to comply; to provide effective dates and transitional provisions governing the transfer of23
various functions and responsibilities from Gwinnett County to the City of Mulberry; to24
provide for severability; to provide for effective dates; to repeal conflicting laws; and for25
other purposes.26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:27
ARTICLE I.28
INCORPORATION AND POWERS29
SECTION 1.10.30
Legislative findings.31
The General Assembly of Georgia determines and finds that certain portions of32
unincorporated northeastern Gwinnett County would benefit from gaining local control over33
planning and zoning in their community through the creation of a municipal corporation34
offering limited services, including planning and zoning, storm-water collection and disposal,35
and code enforcement. The General Assembly of Georgia further determines and finds that36
the citizens of such a municipal corporation would be best served by a limited municipal37
government that cannot collect property taxes from its residents and that any other38
nonproperty tax revenue sources be neutral with respect to cost burdens on homeowners.39
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SECTION 1.11.
40
Name.41
This Act shall constitute the charter of the City of Mulberry. The city and the inhabitants42
thereof are constituted and declared a body politic and corporate under the name and style43
"City of Mulberry, Georgia," and by that name shall have perpetual succession.44
SECTION 1.12.45
City motto.46
The motto of the City of Mulberry shall be "Non Sibi Sed Aliis."47
SECTION 1.13.48
Corporate boundaries.49
(a) The boundaries of this city shall be those set forth and described in Appendix A of this50
charter, and said Appendix A is incorporated into and made a part of this charter. The51
boundaries of this city at all times shall be shown on a map, a written description, or any52
combination thereof, to be retained permanently in the office of the city clerk and to be53
designated, as the case may be: "Official Map (or Description) of the corporate limits of54
the City of Mulberry, Georgia." Photographic, typed, or other copies of such map or55
description certified by the city clerk shall be admitted as evidence in all courts and shall56
have the same force and effect as with the original map or description.57
(b) The city council may provide for the redrawing of any such map by ordinance to reflect58
lawful changes in the corporate boundaries. A redrawn map shall supersede for all59
purposes the entire map or maps which it is designated to replace.60
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SECTION 1.14.
61
Powers and construction.62
(a) This city shall have all the powers possible for a city to have under the present or future63
Constitution or laws of this state as fully and completely as though they were specifically64
enumerated in this charter, except that the city shall not have the power to assess, levy, or65
collect ad valorem taxes on real or personal property within the corporate limits of the city.66
This city shall have all the powers of self-government not otherwise prohibited by this67
charter or by general law.68
(b) The city shall exercise the powers granted to it under the present or future Constitution69
and laws of this state for the purposes of providing planning and zoning, code adoption and70
enforcement, and storm-water collection and disposal and those items related to the71
provision of such services and for the general administration of the city in providing such72
services.73
(c) The provision of services and exercise of powers enumerated in this Section of this74
charter may be provided by the city contracting with service providers via75
intergovernmental agreements or contracts with private parties.76
(d) The powers of this city shall be construed liberally in favor of the city. The specific77
mention or failure to mention powers shall not be construed as limiting in any way the78
powers of this city.79
SECTION 1.15.80
Examples of powers.81
Reserved.82
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SECTION 1.16.
83
Exercise of powers.84
(a) All powers, functions, rights, privileges, and immunities of the city, its officers, agencies,85
or employees shall be carried into execution as provided by this charter. If this charter makes86
no provision, such powers, functions, rights, privileges, and immunities shall be carried into87
execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.88
(b) No amendment to this Act by the city council pursuant to the home rule powers granted89
by Chapter 35 of Title 36 of the O.C.G.A. shall be enforceable except upon ratification of90
such amendment by the registered voters of the city at a referendum held by the governing91
authority of the city and upon certification of the results of such referendum by the Secretary92
of State.93
ARTICLE II.94
GOVERNMENT STRUCTURE95
SECTION 2.10.96
City council creation; number; election.97
The governing authority of the city, except as otherwise specifically provided in this charter,98
shall be vested in a city council to be composed of five councilmembers. The99
councilmembers shall be elected in the manner provided by this charter.100
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SECTION 2.11.
101
City councilmembers;102
Terms and qualifications for office.103
(a) Except as otherwise provided in Article VIII of this charter for the initial terms of104
office, the members of the city council shall serve for terms of four years and until their105
respective successors are elected and qualified. The term of office of each councilmember106
shall begin on the first day of January immediately following the election of such107
councilmember unless general law authorizes or requires the term to begin at the first108
organizational meeting in January or upon some other date. No person shall be eligible to109
serve as councilmember unless that person shall have been a resident of the city for 12110
months prior to the date of the election of councilmembers; each shall continue to reside111
therein during that person's period of service and to be registered and qualified to vote in112
municipal elections of this city. No person shall serve more than two consecutive terms113
as a councilmember.114
(b) For the purposes of electing members of the city council, the city is divided into five115
districts. One councilmember residing in each district shall be elected from by the electors116
of the city residing in such district. The five numbered districts are described in Appendix117
B attached to and made a part of this Act and further identified as "User: H104 Plan Name:118
Mulberry-Dist-2024 Plan Type: Local:".119
(c)(1) For the purposes of such plan:120
(A) The term "VTD" shall mean and describe the same geographical boundaries as121
provided in the report of the Bureau of the Census for the United States decennial122
census of 2020 for the State of Georgia. The separate numeric designations in a district123
description which are underneath a VTD heading shall mean and describe individual124
Blocks within a VTD as provided in the report of the Bureau of the Census for the125
United States decennial census of 2020 for the State of Georgia; and126
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(B) Except as otherwise provided in the description of any district, whenever the
127
description of any district refers to a named city, it shall mean the geographical128
boundaries of that city as shown on the census maps for the United States decennial129
census of 2020 for the State of Georgia.130
(2) Any part of the City of Mulberry as described in Appendix B which is not included131
in any district described in this plan shall be included within that district contiguous to132
such part which contains the least population according to the United States decennial133
census of 2020 for the State of Georgia.134
(3) Any part of the City of Mulberry as described in Appendix B as being included in a135
particular district shall nevertheless not be included within such district if such part is not136
contiguous to such district. Such noncontiguous part shall instead be included within that137
district contiguous to such part which contains the least population according to the138
United States decennial census of 2020 for the State of Georgia.139
(4) If any area included within the descriptions of District 1, District 2, District 3,140
District 4, or District 5 is on the effective date of this Act within the municipal boundaries141
of another municipality or within a county other than Gwinnett County, such area shall142
not be included within the district descriptions of such districts.143
SECTION 2.12.144
Vacancy; filling of vacancies; suspensions.145
(a) Vacancies. The office of councilmember shall become vacant upon such person's146
failing or ceasing to reside in the city, death, resignation, forfeiture of office, or upon the147
occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such148
other applicable laws as are or may hereafter be enacted.149
(b) Filling of vacancies. A vacancy in the office of councilmember shall be filled for the150
remainder of the unexpired term, if any, by appointment by the remaining councilmembers151
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if less than 12 months remain in the unexpired term, otherwise by an election as provided
152
for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws153
as are or may hereafter be enacted.154
(c) Suspension. Upon the suspension from office of councilmember in any manner155
authorized by the general laws of the State of Georgia, the city council or those remaining156
shall appoint a successor for the duration of the suspension. If the suspension becomes157
permanent, then the office shall become vacant and shall be filled for the remainder of the158
unexpired term, if any, as provided for in this charter.159
SECTION 2.13.160
Compensation and expenses.161
(a) The mayor shall receive an initial salary of $9,000 per year. Each councilmember shall162
receive an initial salary of $8,000.00 per year. The councilmembers shall be paid in equal163
monthly installments from the funds of the municipality.164
(b) The councilmembers may alter such compensation for their services as provided by165
law.166
(c) The councilmembers shall be reimbursed for actual expenses necessarily incurred in167
connection with their service.168
SECTION 2.14.169
Conflicts of interest; holding other offices.170
(a) Elected and appointed officers of the city are trustees and servants of the residents of171
the city and shall act in a fiduciary capacity for the benefit of such residents.172
(b) Conflict of interest. No elected official, appointed officer, or employee of the city or173
any agency or political entity to which this charter applies shall knowingly:174
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(1) Engage in any business or transaction or have a financial or other personal interest,
175
direct or indirect, which is incompatible with the proper discharge of that person's official176
duties or which would tend to impair the independence of that person's judgment or177
action in the performance of that person's official duties;178
(2) Engage in or accept private employment or render services for private interests when179
such employment or service is incompatible with the proper discharge of that person's180
official duties or would tend to impair the independence of that person's judgment or181
action in the performance of that person's official duties;182
(3) Disclose confidential information, including information obtained at meetings which183
are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,184
government, or affairs of the governmental body by which that person is engaged without185
proper legal authorization or use such information to advance the financial or other186
private interest of that person or others;187
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise,188
from any person, firm, or corporation which to that person's knowledge is interested,189
directly or indirectly, in any manner whatsoever, in business dealings with the190
governmental body by which that person is engaged; provided, however, that an elected191
official who is a candidate for public office may accept campaign contributions and192
services in connection with any such campaign;193
(5) Represent other private interests in any action or proceeding against this city or any194
portion of its government; or195
(6) Vote or otherwise participate in the negotiation or in the making of any contract with196
any business or entity in which that person has a financial interest.197
(c) Disclosure. Any elected official, appointed officer, or employee who shall have any198
financial interest, directly or indirectly, in any contract or matter pending before or within199
any department of the city shall disclose such interest to the city council. Any200
councilmember who has a financial interest in any matter pending before the city council201
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shall disclose such interest and such disclosure shall be entered on the records of the city
202
council, and that person shall disqualify himself or herself from participating in any203
decision or vote relating thereto. Any elected official, appointed officer, or employee of204
any agency or political entity to which this charter applies who shall have any financial205
interest, directly or indirectly, in any contract or matter pending before or within such206
entity shall disclose such interest to the governing body of such agency or entity.207
(d) Use of public property. No elected official, appointed officer, or employee of the city208
or any agency or entity to which this charter applies shall use property owned by such209
governmental entity for personal benefit, convenience, or profit except in accordance with210
policies promulgated by the city council or the governing body of such agency or entity.211
(e) Contracts voidable and rescindable. Any violation of this section which occurs with212
the knowledge, express or implied, of a party to a contract or sale shall render such contract213
or sale voidable at the option of the city council.214
(f) Ineligibility of elected official. Except where authorized by law, no councilmember215
shall hold any other elective or compensated appointive office in the city or otherwise be216
employed by said government or any agency thereof during the term for which that person217
was elected. No former councilmember shall hold any compensated appointive office in218
the city until one year after the expiration of the term for which that person was elected.219
(g) Political activities of certain officers and employees. No appointed officer and no220
employee of the city shall continue in such employment upon qualifying as a candidate for221
nomination or election to any public office. No employee of the city shall continue in such222
employment upon election to any public office in this city or any other public office which223
is inconsistent, incompatible, or in conflict with the duties of the city employee. Such224
determination shall be made by the city council either immediately upon election or at any225
time such conflict may arise.226
(h) Penalties for violation.227
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(1) Any city officer or employee who knowingly conceals such financial interest or
228
knowingly violates any of the requirements of this section shall be guilty of malfeasance229
in office or position and shall be deemed to have forfeited that person's office or position.230
(2) Any officer or employee of the city who shall forfeit that person's office or position231
as described in paragraph (1) of this subsection shall be ineligible for appointment or232
election to or employment in a position in the city government for a period of three years233
thereafter.234
SECTION 2.15.235
Inquiries and investigations.236
Following the adoption of an authorizing resolution, the city council may make inquiries and237
investigations into the affairs of the city and conduct of any department, office, or agency238
thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and239
require the production of evidence. Any person who fails or refuses to obey a lawful order240
issued in the exercise of these powers by the city council shall be punished as may be241
provided by ordinance.242
SECTION 2.16.243
General power and authority of the city council.244
(a) Except as otherwise provided by law or this charter, the city council shall be vested245
with all the powers of government of this city.246
(b) In addition to all other powers conferred upon it by law, the council shall have the247
authority to adopt and provide for the execution of such ordinances, resolutions, rules, and248
regulations, not inconsistent with this charter and the Constitution and the laws of the State249
of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,250
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protection of life and property, health, welfare, sanitation, comfort, convenience,
251
prosperity, or well-being of the inhabitants of the City of Mulberry and may enforce such252
ordinances by imposing penalties for violation thereof.253
SECTION 2.17.254
Organizational meetings.255
Unless otherwise provided by ordinance, the city council shall hold an organizational256
meeting on the first Tuesday in January of each even-numbered year. The meeting shall be257
called to order by the city clerk and the oath of office shall be administered to the newly258
elected councilmembers as follows:259
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of councilmember260
of this city and that I will support and defend the charter thereof as well as the Constitution261
and laws of the State of Georgia and the United States of America."262
SECTION 2.18.263
Meetings.264
(a) The city council shall hold regular meetings at such times and places as shall be265
prescribed by ordinance.266
(b) Special meetings of the city council may be held on call of the mayor or three267
councilmembers. Notice of such special meeting shall be served on all other268
councilmembers personally, or by telephone personally, at least 48 hours in advance of the269
meeting. Such notice to councilmembers shall not be required if all councilmembers are270
present when the special meeting is called. Such notice of any special meeting may be271
waived by a councilmember in writing before or after such a meeting and attendance at the272
meeting shall also constitute a waiver of notice on any business transacted in such273
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councilmember's presence. Only the business stated in the call may be transacted at the
274
special meeting.275
(c) All meetings of the city council shall be public to the extent required by law, and notice276
to the public of special meetings shall be made as fully as is reasonably possible as277
provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or278
may hereafter be enacted.279
SECTION 2.19.280
Rules of procedure.281
(a) The city council shall adopt its rules of procedure and order of business consistent with282
the provisions of this charter and shall provide for keeping of a journal of its proceedings,283
which shall be a public record.284
(b) All committees and committee chairpersons and officers of the city council shall be285
appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have286
the power to appoint new members to any committee at any time.287
SECTION 2.20.288
Quorum; voting.289
Three councilmembers shall constitute a quorum and shall be authorized to transact290
business of the city council. Voting on the adoption of ordinances shall be by voice vote291
and the vote shall be recorded in the journal, but any councilmember shall have the right292
to request a roll-call vote and such vote shall be recorded in the journal. Except as293
otherwise provided in this charter, the affirmative vote of three councilmembers shall be294
required for the adoption of any ordinance, resolution, or motion. An abstention shall be295
counted as an affirmative vote.296
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SECTION 2.21.
297
Ordinance form; procedures.298
(a) Every proposed ordinance shall be introduced in writing and in the form required for299
final adoption. No ordinance shall contain a subject which is not expressed in its title. The300
enacting clause shall be "It is hereby ordained by the governing authority of the City of301
Mulberry..." and every ordinance shall so begin.302
(b) An ordinance may be introduced by any councilmember and be read at a regular or303
special meeting of the city council. Ordinances shall be considered and adopted or rejected304
by the city council in accordance with the rules which it shall establish; provided, however,305
that an ordinance shall not be adopted the same day it is introduced, except for emergency306
ordinances provided for in Section 2.23 of this charter. Upon introduction of any307
ordinance, the clerk shall as soon as possible distribute a copy to each councilmember and308
shall file a reasonable number of copies in the office of the clerk and at such other public309
places as the city council may designate.310
SECTION 2.22.311
Action requiring an ordinance.312
(a) Acts of the city council which have the force and effect of law shall be enacted by313
ordinance.314
(b) In addition to any other notice or hearing provision of state law, prior to the adoption315
of any ordinance or resolution changing any rate of taxation, amending the city's land use316
plan, or approving the issuance of a general obligation or revenue bond the city shall:317
(1) Publish notice of such proposed action for two consecutive weeks in the legal organ318
of the county;319
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(2) Publish notice of such proposed action on any and all websites and social media
320
accounts maintained by the city; and321
(3) Conduct two public hearings on the proposed actions.322
SECTION 2.23.323
Emergencies.324
(a) To meet a public emergency affecting life, health, property, or public peace, the city325
council may convene on call of the mayor or three councilmembers and may promptly326
adopt an emergency ordinance, but such ordinance may not levy taxes; regulate the rate327
charged by any public utility for its services; or authorize the borrowing of money except328
for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the329
form prescribed for ordinances generally, except that it shall be plainly designated as an330
emergency ordinance and shall contain, after the enacting clause, a declaration stating that331
an emergency exists and describing the emergency in clear and specific terms. An332
emergency ordinance may be adopted, with or without amendment, or rejected at the333
meeting at which it is introduced, but the affirmative vote of at least three councilmembers334
shall be required for adoption. It shall become effective upon adoption or at such later time335
as it may specify. Every emergency ordinance shall automatically stand repealed 30 days336
following the date upon which it was adopted, but this shall not prevent reenactment of the337
ordinance in the manner specified in this section if the emergency still exists. An338
emergency ordinance may also be repealed by adoption of a repealing ordinance in the339
same manner specified in this section for adoption of emergency ordinances.340
(b) Such meetings shall be open to the public to the extent required by law and notice to341
the public of emergency meetings shall be made as fully as is reasonably possible in342
accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as343
are or may hereafter be enacted.344
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SECTION 2.24.
345
Codes of technical regulations.346
(a) The city council may adopt any standard code of technical regulations by reference347
thereto in an adopting ordinance. The procedure and requirements governing such348
adopting ordinance shall be as prescribed for ordinances generally except that: (1) the349
requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of350
copies of the ordinance shall be construed to include copies of any code of technical351
regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of352
technical regulations, as well as the adopting ordinance, shall be authenticated and recorded353
by the clerk pursuant to Section 2.25 of this charter.354
(b) Copies of any adopted code of technical regulations shall be made available by the355
clerk for inspection by the public.356
SECTION 2.25.357
Signing; authenticating;358
recording; codification; printing.359
(a) The clerk shall authenticate by the clerk's signature and record in full in a properly360
indexed book kept for that purpose all ordinances adopted by the city council.361
(b) The city council shall provide for the preparation of a general codification of all the362
ordinances of the city having the force and effect of law. The general codification shall be363
adopted by the city council by ordinance and shall be published promptly, together with364
all amendments thereto and such codes of technical regulations and other rules and365
regulations as the city council may specify. This compilation shall be known and cited366
officially as "The Code of the City of Mulberry, Georgia." Copies of the code shall be367
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furnished to all officers, departments, and agencies of the city and made available for
368
purchase by the public at a reasonable price as fixed by the city council.369
(c) The city council shall cause each ordinance and each amendment to this charter to be370
printed promptly following its adoption, and the printed ordinances and charter371
amendments shall be made available for purchase by the public at reasonable prices to be372
fixed by the city council. Following publication of the first code under this charter and at373
all times thereafter, the ordinances and charter amendments shall be printed in substantially374
the same style as the code currently in effect and shall be suitable in form for incorporation375
therein. The city council shall make such further arrangements as deemed desirable with376
reproduction and distribution of any current changes in or additions to codes of technical377
regulations and other rules and regulations included in the code.378
SECTION 2.26.379
City manager; appointment; qualifications; compensation.380
Reserved.381
SECTION 2.27.382
Removal of city manager.383
Reserved.384
SECTION 2.28.385
Acting city manager.386
Reserved.387
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SECTION 2.29.
388
Powers and duties of the city manager.389
Reserved.390
SECTION 2.30.391
Council interference with administration.392
The city council shall act in all matters as a body, and no councilmember shall seek393
individually to influence the official acts of any officer or employee of the city, or direct or394
request the appointment of any person to, or his or her removal from, any office or position395
of employment, or to interfere in any way with the performance of the duties by city officers396
or employees.397
SECTION 2.31.398
Appointment of mayor; forfeiture.399
The mayor of the city shall be appointed from among the councilmembers by a majority vote400
of the councilmembers at the first regular meeting after the newly elected councilmembers401
have taken office following each election and the mayor shall be subject to removal and402
replacement at any time by a majority vote of the councilmembers.403
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SECTION 2.32.
404
Mayor pro tem.405
The city council at the first regular meeting after the newly elected councilmembers have406
taken office following each election shall elect a councilmember to serve as mayor pro tem.407
The mayor pro tem shall be elected by a majority vote of the city council. The mayor pro408
tem shall assume the duties and powers of the mayor during the mayor's physical or mental409
disability, suspension from office, or absence. Any such disability of the mayor shall be410
declared by a majority vote of the city council. The mayor pro tem shall sign all contracts411
and ordinances in which the mayor has a disqualifying financial interest as provided in412
Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall be entitled to413
vote as a member of the council.414
SECTION 2.33.415
Powers and duties of mayor.416
The mayor shall:417
(1) Preside at all meetings of the city council;418
(2) Be the head of the city for the purpose of service of process and for ceremonial419
purposes, and be the official spokesperson for the city and the chief advocate of policy;420
(3) Have the power to administer oaths and to take affidavits;421
(4) Sign as a matter of course on behalf of the city all written and approved contracts,422
ordinances, resolutions, and other instruments executed by the city which by law are423
required to be in writing;424
(5) Vote on matters before the city council;425
(6) Prepare and submit to the city council a recommended annual operating budget and426
recommended capital budget; and427
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ARTICLE III.
428
ADMINISTRATIVE AFFAIRS429
SECTION 3.10.430
Administrative and service departments.431
(a) Except as otherwise provided in this charter, the city council by ordinance shall432
prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant433
all nonelective offices, positions of employment, departments, and agencies of the city as434
necessary for the proper administration of the affairs and government of this city.435
(b) Except as otherwise provided by this charter or by law, the directors of departments436
and other appointed officers of the city shall be appointed solely on the basis of their437
respective administrative and professional qualifications.438
(c) All appointed officers and directors of departments shall receive such compensation439
as prescribed by ordinance.440
(d) There shall be a director of each department or agency who shall be its principal441
officer. Each director shall, subject to the direction and supervision of the city council, be442
responsible for the administration and direction of the affairs and operations of that443
director's department or agency.444
(e) All appointed officers and directors shall be employees at will and subject to removal445
or suspension at any time by the city council otherwise provided by law or ordinance446
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SECTION 3.11.
447
Boards, commissions, and authorities.448
(a) The city council shall create by ordinance such boards, commissions, and authorities449
to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council450
deems necessary and shall by ordinance establish the composition, period of existence,451
duties, and powers thereof.452
(b) All members of boards, commissions, and authorities of the city shall be appointed by453
the city council for such terms of office and in such manner as shall be provided by454
ordinance, except where other appointing authority, terms of office, or manner of455
appointment is prescribed by this charter or by law.456
(c) The city council by ordinance may provide for the compensation and reimbursement457
for actual and necessary expenses of the members of any board, commission, or authority.458
(d) Except as otherwise provided by charter or by law, no member of any board,459
commission, or authority shall hold any elective office in the city.460
(e) Any vacancy on a board, commission, or authority of the city shall be filled for the461
unexpired term in the manner prescribed in this charter for original appointment, except as462
otherwise provided by this charter or by law.463
(f) No member of a board, commission, or authority shall assume office until that person464
has executed and filed with the clerk of the city an oath obligating that person to perform465
faithfully and impartially the duties of that person's office; such oath shall be prescribed466
by ordinance and administered by the mayor.467
(g) All members of boards, commissions, or authorities of the city serve at will and may468
be removed at any time by the city council unless otherwise provided by law.469
(h) Except as otherwise provided by this charter or by law, each board, commission, or470
authority of the city shall elect one of its members as chairperson and one member as vice471
chairperson and may elect as its secretary one of its own members or may appoint as472
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secretary an employee of the city. Each board, commission, or authority of the city
473
government may establish such bylaws, rules, and regulations, not inconsistent with this474
charter, ordinances of the city, or law, as it deems appropriate and necessary for the475
fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and476
regulations shall be filed with the clerk of the city.477
SECTION 3.12.478
City attorney.479
The city council shall appoint a city attorney, together with such assistant city attorneys as480
may be authorized, and shall provide for the payment of such attorney or attorneys for481
services rendered to the city. The city attorney shall be responsible for providing for the482
representation and defense of the city in all litigation in which the city is a party; may be the483
prosecuting officer in the municipal court; shall attend the meetings of the city council as484
directed; shall advise the city council and other officers and employees of the city concerning485
legal aspects of the city's affairs; and shall perform such other duties as may be required by486
virtue of such person's position as city attorney.487
SECTION 3.13.488
City clerk.489
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk490
shall be custodian of the official city seal and city records; maintain city council records491
required by this charter; and perform such other duties as may be required by the city492
council.493
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SECTION 3.14.
494
Position classification and pay plans.495
The mayor shall be responsible for the preparation of a position classification and pay plan496
which shall be submitted to the city council for approval. Such plan may apply to all497
employees of the city and any of its agencies, departments, boards, commissions, or498
authorities. When a pay plan has been adopted, the city council shall not increase or decrease499
the salary range applicable to any position except by amendment of such pay plan. For500
purposes of this section, all elected and appointed city officials are not city employees.501
SECTION 3.15.502
Personnel policies.503
(a) All employees serve at will and may be removed from office at any time unless504
otherwise provided by ordinance.505
(b) No person who has an immediate family member sitting on the city council shall be506
eligible for employment by the city or for appointment to any board or authority of the city.507
As used in this paragraph, the term "immediate family member" means a spouse, child,508
sibling, or parent or the spouse of a child, sibling, or parent.509
ARTICLE IV.510
JUDICIAL BRANCH511
SECTION 4.10.512
Creation; name.513
There shall be a court to be known as the Municipal Court of the City of Mulberry.514
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SECTION 4.11.
515
Chief judge; associate judge.516
(a) The municipal court shall be presided over by a chief judge and such part-time,517
full-time, or stand-by judges as shall be provided by ordinance.518
(b) No person shall be qualified or eligible to serve as a judge on the municipal court519
unless that person shall have attained the age of 21 years and shall be a member of the State520
Bar of Georgia and shall possess all qualifications required by law. All judges shall be521
appointed by the city council and shall serve a term as provided by law and until a522
successor is appointed and qualified.523
(c) Compensation of the judges shall be fixed by ordinance.524
(d) Judges may be removed from office as provided by law.525
(e) Before assuming office, each judge shall take an oath, given by the mayor, that such526
judge will honestly and faithfully discharge the duties of the judge's office to the best of527
the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the528
minutes of the city council journal required in Section 2.19 of this charter.529
SECTION 4.12.530
Convening.531
The municipal court shall be convened at regular intervals as provided by ordinance.532
SECTION 4.13.533
Jurisdiction; powers.534
(a) The municipal court shall try and punish violations of this charter and city ordinances.535
H. B. 869
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(b) The municipal court shall have authority to punish those in its presence for contempt,
536
provided that such punishment shall not exceed $200.00 or ten days in jail.537
(c) The municipal court may fix punishment for offenses within its jurisdiction not538
exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and539
imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as540
now or hereafter provided by law.541
(d) The municipal court shall have authority to establish a schedule of fees to defray the542
cost of operation and shall be entitled to reimbursement of the cost of meals, transportation,543
and caretaking of prisoners bound over to superior courts for violations of state law.544
(e) The municipal court shall have authority to establish bail and recognizances to ensure545
the presence of those charged with violations before such court and shall have discretionary546
authority to accept cash or personal or real property as surety for the appearance of persons547
charged with violations. Whenever any person shall give bail for that person's appearance548
and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by549
the judge presiding at such time and an execution issued thereon by serving the defendant550
and the defendant's sureties with a rule nisi at least two days before a hearing on the rule551
nisi. In the event that cash or property is accepted in lieu of bond for security for the552
appearance of a defendant at trial, and if such defendant fails to appear at the time and553
place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited554
to the city, or the property so deposited shall have a lien against it for the value forfeited555
which lien shall be enforceable in the same manner and to the same extent as a lien for city556
property taxes.557
(f) The municipal court shall have the same authority as superior courts to compel the558
production of evidence in the possession of any party; to enforce obedience to its orders,559
judgments, and sentences; and to administer such oaths as are necessary.560
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(g) The municipal court may compel the presence of all parties necessary to a proper
561
disposal of each case by the issuance of summonses, subpoenas, and warrants which may562
be served as executed by any officer as authorized by this charter or by law.563
(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest564
of persons charged with offenses against any ordinance of the city, and each judge of the565
municipal court shall have the same authority as a magistrate of the state to issue warrants566
for offenses against state laws committed within the city.567
SECTION 4.14.568
Certiorari.569
The right of certiorari from the decision and judgment of the municipal court shall exist in570
all criminal cases and ordinance violation cases, and such certiorari shall be obtained under571
the sanction of a judge of the Superior Court of Gwinnett County under the laws of the State572
of Georgia regulating the granting and issuance of writs of certiorari.573
SECTION 4.15.574
Rules for court.575
With the approval of the city council, the judge shall have full power and authority to make576
reasonable rules and regulations necessary and proper to secure the efficient and successful577
administration of the municipal court; provided, however, that the city council may adopt in578
part or in toto the rules and regulations applicable to municipal courts. The rules and579
regulations made or adopted shall be filed with the city clerk, shall be available for public580
inspection, and, upon request, a copy shall be furnished to all defendants in municipal court581
proceedings at least 48 hours prior to such proceedings.582
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ARTICLE V.
583
ELECTIONS AND REMOVAL584
SECTION 5.10.585
Applicability of general law.586
All primaries and elections shall be held and conducted in accordance with Chapter 2 of587
Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.588
SECTION 5.11.589
Regular elections; time for holding.590
Except as otherwise provided in Article VIII of this charter for the initial elections, there591
shall be a municipal general election every four years in odd-numbered years on the Tuesday592
next following the first Monday in November. There shall be elected five councilmembers593
at each election so that a continuing body is created.594
SECTION 5.12.595
Nonpartisan elections.596
Political parties shall not conduct primaries for city offices and all names of candidates for597
city offices shall be listed without party labels.598
SECTION 5.13.599
Election by majority.600
The candidate receiving a majority of the votes cast for any city office shall be elected.601
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SECTION 5.14.
602
Special elections; vacancies.603
In the event that the office of councilmember shall become vacant as provided in604
Section 2.12 of this charter, the city council or those councilmembers remaining shall order605
a special election to fill the balance of the unexpired term of such official; provided,606
however, that, if such vacancy occurs within 12 months of the expiration of the term of that607
office, the city council or those members remaining shall appoint a successor for the608
remainder of the term. In all other respects, the special election shall be held and conducted609
in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as610
now or hereafter amended.611
SECTION 5.15.612
Other provisions.613
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe614
such rules and regulations as it deems appropriate to fulfill any options and duties under615
Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."616
SECTION 5.16.617
Removal of officers.618
(a) A councilmember or other appointed officers provided for in this charter shall be619
removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A.620
or such other applicable laws as are or may hereafter be enacted.621
(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished622
by one of the following methods:623
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(1) Following a hearing at which an impartial panel shall render a decision. In the event
624
an elected officer is sought to be removed by the action of the city council, such officer625
shall be entitled to a written notice specifying the ground or grounds for removal and to626
a public hearing which shall be held not less than ten days after the service of such627
written notice. The city council shall provide by ordinance for the manner in which such628
hearings shall be held. Any elected officer sought to be removed from office as provided629
in this section shall have the right of appeal from the decision of the city council to the630
Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as631
govern appeals to the superior court from the probate court; or632
(2) By an order of the Superior Court of Gwinnett County following a hearing on a633
complaint seeking such removal brought by any resident of the City of Mulberry.634
ARTICLE VI.635
FINANCE636
SECTION 6.10.637
Property tax.638
The city council shall not assess, levy, or collect any ad valorem taxes on any real or personal639
property within the corporate limits of the city.640
SECTION 6.11.641
Millage rate and due dates.642
The city council shall not establish a millage rate in excess of 0 mills.643
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SECTION 6.12.
644
Occupation and business taxes.645
The city council by ordinance shall have the power to levy such occupation or business taxes646
as are not denied by law. The city council may classify businesses, occupations, or647
professions for the purpose of such taxation in any way which may be lawful and may648
compel the payment of such taxes as provided in Section 6.18 of this charter.649
SECTION 6.13.650
Licenses; permits; fees.651
The city council by ordinance shall have the power to require businesses or practitioners652
doing business in this city to obtain a permit for such activity from the city and pay a653
regulatory fee for such permit as provided by general law. Such fees shall reflect the total654
cost to the city of regulating the activity and, if unpaid, shall be collected as provided in655
Section 6.18 of this charter.656
SECTION 6.14.657
Franchises.658
Reserved.659
SECTION 6.15.660
Service charges.661
Reserved.662
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SECTION 6.16.
663
Special assessments.664
The city council by ordinance shall have the power to assess and collect the cost of665
constructing, reconstructing, widening, or improving any public way, street, sidewalk,666
curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property667
owners. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.668
SECTION 6.17.669
Construction; other taxes.670
Reserved.671
SECTION 6.18.672
Collection of delinquent taxes and fees.673
The city council by ordinance may provide generally for the collection of delinquent taxes,674
fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by675
whatever reasonable means as are not precluded by law. This shall include providing for the676
dates when the taxes or fees are due; late penalties or interest; issuance and execution of677
fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the678
persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any679
city taxes or fees; and providing for the assignment or transfer of tax executions.680
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SECTION 6.19.
681
General obligation bonds.682
The city council shall have the power to issue bonds for the purpose of raising revenue to683
carry out any project, program, or venture authorized under this charter or the laws of the684
state. Such bonding authority shall be exercised in accordance with the laws governing bond685
issuance by municipalities in effect at the time said issue is undertaken.686
SECTION 6.20.687
Revenue bonds.688
Revenue bonds may be issued by the city council as state law now or hereafter provides.689
Such bonds are to be paid out of any revenue produced by the project, program, or venture690
for which they were issued.691
SECTION 6.21.692
Short-term loans.693
The city may obtain short-term loans and must repay such loans not later than December 31694
of each year, unless otherwise provided by law.695
SECTION 6.22.696
Lease-purchase contracts.697
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the698
acquisition of goods, materials, real and personal property, services, and supplies, provided699
the contract terminates without further obligation on the part of the municipality at the close700
H. B. 869
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of the calendar year in which it was executed and at the close of each succeeding calendar
701
year for which it may be renewed. Contracts must be executed in accordance with the702
requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are703
or may hereafter be enacted.704
SECTION 6.23.705
Fiscal year.706
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the707
budget year and the year for financial accounting and reporting of each and every office,708
department, agency, and activity of the city government.709
SECTION 6.24.710
Budget ordinance.711
The city council shall provide an ordinance on the procedures and requirements for the712
preparation and execution of an annual operating budget, a capital improvement plan, and713
a capital budget, including requirements as to the scope, content, and form of such budgets714
and plans. The city council shall also comply with the budgeting and auditing provisions of715
Chapter 81 of Title 36 of the O.C.G.A.716
SECTION 6.25.717
Operating budget.718
On or before a date fixed by the city council but not later than 60 days prior to the beginning719
of each fiscal year, the mayor shall submit to the city council a proposed operating budget720
for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor721
H. B. 869
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containing a statement of the general fiscal policies of the city, the important features of the
722
budget, explanations of major changes recommended for the next fiscal year, a general723
summary of the budget, and other pertinent comments and information. The operating724
budget and the capital budget provided for in Section 6.29 of this charter, the budget725
message, and all supporting documents shall be filed in the office of the city clerk and shall726
be open to public inspection.727
SECTION 6.26.728
Action by city council on budget.729
(a) The councilmembers may amend the operating budget proposed by the mayor, except730
that the budget as finally amended and adopted must provide for all expenditures required731
by state law or by other provisions of this charter and for all debt service requirements for732
the ensuing fiscal year. The total appropriations from any fund shall not exceed the733
estimated fund balance, reserves, and revenues.734
(b) The city council by ordinance shall adopt the final operating budget for the ensuing735
fiscal year not later than 15 days prior to the end of the current fiscal year. If the city736
council fails to adopt the budget by said date, the amounts appropriated for operation for737
the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a738
month-to-month basis, with all items prorated accordingly, until such time as the city739
council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the740
form of an appropriations ordinance setting out the estimated revenues in detail by sources741
and making appropriations according to fund and by organizational unit, purpose, or742
activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of743
this charter.744
(c) The amount set out in the adopted operating budget for each organizational unit shall745
constitute the annual appropriation for such, and no expenditure shall be made or746
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encumbrance created in excess of the otherwise unencumbered balance of the
747
appropriations or allotment thereof to which it is chargeable.748
SECTION 6.27.749
Levy of taxes.750
The city council shall levy by ordinance such taxes as are necessary and consistent with this751
Act. The taxes and tax rates set by such ordinance shall be such that reasonable estimates752
of revenues from such levy shall at least be sufficient, together with other anticipated753
revenues, fund balances, and applicable reserves, to equal the total amount appropriated for754
each of the several funds set forth in the annual operating budget for defraying the expenses755
of the general government of this city.756
SECTION 6.28.757
Changes in appropriations.758
The city council by ordinance may make changes in the appropriations contained in the759
current operating budget at any regular meeting or special or emergency meeting called for760
such purpose, but any additional appropriations may be made only from an existing761
unexpended surplus.762
SECTION 6.29.763
Capital improvements.764
(a) On or before the date fixed by the city council, but not later than 60 days prior to the765
beginning of each fiscal year, the mayor shall submit to the city council a proposed capital766
improvements plan with a recommended capital budget containing the means of financing767
H. B. 869
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the improvements proposed for the ensuing fiscal year. The city council shall have power
768
to accept, with or without amendments, or reject the proposed plan and budget. The city769
council shall not authorize an expenditure for the construction of any building, structure,770
work, or improvement unless the appropriations for such project are included in the capital771
budget, except to meet a public emergency as provided in Section 2.23 of this charter.772
(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal773
year not later than December 15 of each year. No appropriation provided for in a prior774
capital budget shall lapse until the purpose for which the appropriation was made shall775
have been accomplished or abandoned; provided, however, that the mayor may submit776
amendments to the capital budget at any time during the fiscal year, accompanied by777
recommendations. Any such amendments to the capital budget shall become effective only778
upon adoption by ordinance.779
SECTION 6.30.780
Audits.781
There shall be an annual independent audit of all city accounts, funds, and financial782
transactions by a certified public accountant selected by the city council. The audit shall be783
conducted according to generally accepted auditing principles. Any audit of any funds by784
the state or federal governments may be accepted as satisfying the requirements of this785
charter. Copies of annual audit reports shall be available at printing costs to the public.786
SECTION 6.31.787
Procurement and property management.788
No contract with the city shall be binding on the city unless:789
(1) It is in writing;790
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(2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of
791
course, is signed by the city attorney to indicate such drafting or review; and792
(3) It is made or authorized by the city council and such approval is entered in the city793
council journal of proceedings pursuant to Section 2.19 of this charter.794
SECTION 6.32.795
Purchasing.796
The city council shall by ordinance prescribe procedures for a system of centralized797
purchasing for the city.798
SECTION 6.33.799
Sale and lease of property.800
(a) The city council may sell and convey or lease any real or personal property owned or801
held by the city for governmental or other purposes as now or hereafter provided by law.802
(b) The city council may quitclaim any rights it may have in property not needed for public803
purposes upon report by the mayor and adoption of a resolution, both finding that the804
property is not needed for public or other purposes and that the interest of the city has no805
readily ascertainable monetary value.806
(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place807
of the city a small parcel or tract of land is cut off or separated by such work from a larger808
tract or boundary of land owned by the city, the city council may authorize the mayor to809
sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining810
property owner or owners where such sale and conveyance facilitates the highest and best811
use of the abutting owner's property. Included in the sales contract shall be a provision for812
the rights of way of said street, avenue, alley, or public place. Each abutting property813
H. B. 869
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owner shall be notified of the availability of the property and given the opportunity to
814
purchase said property under such terms and conditions as set out by ordinance. All deeds815
and conveyances heretofore and hereafter so executed and delivered shall convey all title816
and interest the city has in such property, notwithstanding the fact that no public sale after817
advertisement was or is hereafter made.818
SECTION 6.34.819
Apportionment of revenue.820
Except as otherwise agreed pursuant to Chapter 70 of Title 36 of the O.C.G.A., the city is821
authorized to pay all revenues collected by Gwinnett County on behalf of the city to the822
county in exchange for continuation of services during the transition period provided in823
Section 8.11 of this charter and beyond, with the exception of fines collected in municipal824
court.825
ARTICLE VII.826
GENERAL PROVISIONS827
SECTION 7.10.828
Bonds for officials.829
The officers and employees of this city, both elected and appointed, shall execute such surety830
or fidelity bonds in such amounts and upon such terms and conditions as the city council831
shall from time to time require by ordinance or as may be provided by law.832
H. B. 869
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SECTION 7.11.
833
Construction and definitions.834
(a) Section captions in this charter are informative only and are not to be considered as a835
part thereof.836
(b) The word "shall" is mandatory and the word "may" is permissive.837
(c) The singular shall include the plural, the masculine shall include the feminine, and vice838
versa.839
ARTICLE VIII.840
REFERENDUM AND INITIAL ELECTIONS841
SECTION 8.10.842
Referendum and initial election.843
(a) The election superintendent of Gwinnett County shall call a special election for the844
purpose of submitting this Act to the qualified voters of the proposed City of Mulberry for845
approval or rejection. The superintendent shall set the date of such election concurrent846
with the general primary election in 2024. The superintendent shall issue the call for such847
election at least 30 days prior to the date thereof. The superintendent shall cause the date848
and purpose of the election to be published once a week for two weeks immediately849
preceding the date thereof in the official organ of Gwinnett County. The ballot shall have850
written or printed thereon the words:851
"( ) YES852
( ) NO853
Shall the Act incorporating the City of Mulberry in Gwinnett County
according to the charter contained in the Act be approved?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons
854
desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes855
H. B. 869
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cast on such question are for approval of the Act, it shall become of full force and effect
856
as provided in Section 8.11 of this charter, otherwise it shall be void and of no force and857
effect.858
The initial expense of such election shall be borne by Gwinnett County. Within two years859
after the elections if the incorporation is approved, the City of Mulberry shall reimburse860
Gwinnett County for the actual cost of printing and personnel services for such election and861
for the initial election of the councilmembers pursuant to this charter. It shall be the862
election superintendent's duty to certify the result thereof to the Secretary of State. The863
provisions of this section shall be mandatory upon the election superintendent and are not864
intended as directory. If the election superintendent fails or refuses to comply with this865
section, any elector of Gwinnett County may apply for a writ of mandamus to compel the866
election superintendent to perform his or her duties under this section. If the court finds867
that the election superintendent has not complied with this section, the court shall fashion868
appropriate relief requiring the election superintendent to call and conduct such election869
on the date required by this section or on the next date authorized for special elections870
provided for in Code Section 21-2-540 of the O.C.G.A.871
(b) For the purposes of the referendum election provided for in subsection (a) of this872
section and for the purposes of the special election of the City of Mulberry to be held on873
the Tuesday after the first Monday in November, 2024, the qualified electors of the City874
of Mulberry shall be those qualified electors of Gwinnett County residing within the875
corporate limits of the City of Mulberry as described by Appendix A of this charter. At876
subsequent municipal elections, the qualified electors of the City of Mulberry shall be877
determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A. known as the878
"Georgia Election Code."879
(c) Only for the purposes of holding and conducting the referendum election provided for880
in subsection (a) of this section and holding the special election of the City of Mulberry to881
be held on the Tuesday after the first Monday in November, 2024, the election882
H. B. 869
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superintendent of Gwinnett County is vested with the powers and duties of the election
883
superintendent of the City of Mulberry and the powers and duties of the governing884
authority of the City of Mulberry.885
SECTION 8.11.886
Effective dates and transition.887
(a) The provisions of this Act necessary for the referendum election provided for in888
Section 8.10 of this charter shall become effective immediately upon this Act's approval889
by the Governor or upon its becoming law without such approval.890
(b) Those provisions of this Act necessary for the special election provided for in891
Section 8.13 of this charter shall be effective upon the certification of the results of the892
referendum election provided for by Section 8.10 of this charter if this Act is approved at893
such referendum election.894
(c) Except as provided in Section 8.10 of this charter, the remaining provisions of this Act895
shall become of full force and effect for all purposes at 12:00 Midnight on January 1, 2025,896
except that the initial councilmembers shall take office immediately following their897
election and the certification thereof and by action of a quorum may prior to 12:00898
Midnight on January 1, 2025, meet and take actions binding on the city.899
(d) A period of time will be needed for an orderly transition of various government900
functions from Gwinnett County to the City of Mulberry. Accordingly there shall be a901
transition period beginning on the date the initial councilmembers take office under this902
charter, and ending at 12:00 Midnight on December 31, 2026. During such transition903
period, all provisions of this charter shall be effective as law, but not all provisions of this904
charter shall be implemented.905
(e) During such transition period, Gwinnett County shall continue to provide within the906
territorial limits of the city all government services and functions which Gwinnett County907
H. B. 869
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provided in that area during the years 2023 and 2024 and at the same actual cost, except
908
to the extent otherwise provided in this section and except that the governing authority of909
Gwinnett County shall make no modifications to the zoning of any property located within910
the city during such transition period; provided, however, that upon at least 60 days' prior911
written notice to Gwinnett County by the City of Mulberry, responsibility for any such912
service or function shall be transferred to the City of Mulberry. During the transition913
period, the city shall remain within the Gwinnett County special services district, but shall914
be removed from such district at the conclusion of such period. Beginning915
December 1, 2025, the City of Mulberry shall collect taxes, fees, assessments, fines and916
forfeitures, and other moneys within the territorial limits of the city in the same manner as917
authorized immediately prior to the effective date of this section; provided, however, that918
upon at least 60 days' prior written notice to Gwinnett County by the City of Mulberry, the919
authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain920
with Gwinnett County after December 1, 2025, until such time as Gwinnett County921
receives subsequent notice from the City of Mulberry that such authority shall be922
transferred to the City of Mulberry.923
(f) During the transition period, the governing authority of the City of Mulberry:924
(1) Shall hold regular meetings and may hold special meetings as provided in this925
charter;926
(2) May enact ordinances and resolutions as provided in this charter;927
(3) May amend this charter by home rule action as provided by general law;928
(4) May accept gifts and grants;929
(5) May borrow money and incur indebtedness to the extent authorized by this charter930
and general law;931
(6) Reserved;932
(7) May establish a fiscal year and budget;933
H. B. 869
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(8) May create, alter, or abolish departments, boards, offices, commissions, and agencies
934
of the city; appoint and remove officers and employees; and exercise all necessary or935
appropriate personnel and management functions; and936
(9) May generally exercise any power granted by this charter or general law, except to937
the extent that a power is specifically and integrally related to the provision of a938
governmental service, function, or responsibility not yet provided or carried out by the939
city.940
(g) Except as otherwise provided in this section, during the transition period, the941
Municipal Court of the City of Mulberry shall not exercise its jurisdiction. During the942
transition period, all ordinances of Gwinnett County shall remain applicable within the943
territorial limits of the city and the appropriate court or courts of Gwinnett County shall944
retain jurisdiction to enforce such ordinances. However, by mutual agreement and945
concurrent resolutions and ordinances if needed Gwinnett County and the City of Mulberry946
may during the transition period transfer all or part of such regulatory authority and the947
appropriate court jurisdiction to the City of Mulberry. Any transfer of jurisdiction to the948
City of Mulberry during or at the end of the transition period shall not in and of itself abate949
any judicial proceeding pending in Gwinnett County or the pending prosecution of any950
violation of any ordinance of Gwinnett County.951
(h) During the transition period, the governing authority of the City of Mulberry may at952
any time, without the necessity of any agreement by Gwinnett County, commence to953
exercise its code enforcement and planning and zoning powers; provided, however, that the954
city shall give the county notice of the date on which the city will assume the exercise of955
such powers. Upon the governing authority of the City of Mulberry commencing to956
exercise its code enforcement and planning and zoning powers, the Municipal Court of the957
City of Mulberry shall immediately have jurisdiction to enforce the code enforcement and958
planning and zoning ordinances of the city. The provisions of this subsection shall control959
over any conflicting provisions of any other subsection of this section.960
H. B. 869
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(i) Effective upon the termination of the transition period, subsections (b) through (h) of
961
this section shall cease to apply except for the last sentence of subsection (g) which shall962
remain effective. Effective upon the termination of the transition period, the City of963
Mulberry shall be a full functioning municipal corporation and subject to all general laws964
of this state.965
SECTION 8.12.966
Directory nature of dates.967
It is the intention of the General Assembly that this Act be construed as directory rather than968
mandatory with respect to any date prescribed in this Act. If it is necessary to delay any969
action called for in this Act for providential cause or any other reason, it is the intention of970
the General Assembly that the action be delayed rather than abandoned. Any delay in971
performing any action under this Act, whether for cause or otherwise, shall not operate to972
frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is973
specifically provided that:974
(1) If it is not possible to hold the referendum election provided for in Section 8.10 of975
this charter on the date specified in that section, then such referendum shall be held as976
soon thereafter as is reasonably practicable; and977
(2) If it is not possible to hold the first election provided for in Section 8.13 of this978
charter on the date specified in that section, then there shall be a special election for the979
initial members of the governing authority to be held as soon thereafter as is reasonably980
practicable, and the commencement of the initial terms of office shall be delayed981
accordingly.982
H. B. 869
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SECTION 8.13.
983
Special election.984
(a) The first election for councilmembers shall be a special election held on the Tuesday985
after the first Monday in November, 2024. At such election, the first councilmembers shall986
be elected to serve for the initial terms of office specified in subsection (b) of this section.987
Thereafter, the time for holding regular municipal elections shall be on the Tuesday next988
following the first Monday in November of each odd-numbered year beginning in 2025.989
The successors to the first initial councilmembers and future successors shall take office990
at the first organizational meeting in January immediately following their election and shall991
serve for terms of four years and until their respective successors are elected and qualified.992
(b) The initial councilmembers elected by a majority vote of the qualified electors of the993
city from the five districts shall serve a term of office through December 31, 2027, and994
until their respective successors are elected and qualified. Thereafter, successors to such995
initial councilmembers shall serve four-year terms of office and until their respective996
successors are elected and qualified.997
ARTICLE IX.998
GENERAL REPEALER999
SECTION 9.10.1000
General repealer.1001
All laws and parts of laws in conflict with this Act are repealed.1002
H. B. 869
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APPENDIX A
1003
LEGAL DESCRIPTION1004
CITY OF MULBERRY, GEORGIA1005
User: H104 1006
Plan Name: Mulberry-City-2024 1007
Plan Type: Local 1008
VTD DUNCANS A1009
VTD DUNCANS B1010
VTD DUNCANS C1011
VTD DUNCANS D1012
Block 050615 1013
1000 1012 1014
Block 050616 1015
1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 2000 20011016
2002 2003 2004 2005 1017
Block 050617 1018
4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4012 40211019
4022 4023 5032 1020
VTD PUCKETTS C1021
Block 050615 1022
1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 10181023
2000 2001 2002 2003 1024
Block 050635 1025
1003 1004 1005 1006 1007 1026
H. B. 869
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Block 050636
1027
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1028
VTD ROCKYCREEK A1029
Block 050619 1030
1006 1009 1010 1013 1014 1015 1016 1017 1020 1021 1022 30001031
3001 3002 3003 3006 3007 3008 3010 1032
Block 050628 1033
1000 1001 2000 2001 2002 2003 2004 2005 2006 2007 2008 30001034
3001 3002 1035
H. B. 869
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APPENDIX B
1036
City Council Districts1037
User: H104 1038
Plan Name: Mulberry-Dist-2024 1039
Plan Type: Local1040
District 0011041
County Gwinnett GA 1042
VTD DUNCANS D1043
Block 050615 1044
1000 1012 1045
Block 050616 1046
1003 1004 1006 1007 1008 1009 1010 1047
VTD PUCKETTS C1048
Block 050615 1049
1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 10181050
2000 2001 2002 2003 1051
Block 050635 1052
1003 1004 1005 1006 1007 1053
Block 050636 1054
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1055
District 0021056
County Gwinnett GA 1057
VTD DUNCANS B1058
Block 050617 1059
2000 2001 2002 2003 2004 2005 2006 3000 3001 3002 3007 40131060
H. B. 869
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4014 4015 4016 4018 4019 4020 4024 4025
1061
VTD DUNCANS D1062
Block 050616 1063
1000 1001 1002 2000 2001 2002 2003 2004 2005 1064
Block 050617 1065
4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4012 40211066
4022 4023 5032 1067
District 0031068
County Gwinnett GA 1069
VTD DUNCANS A1070
VTD DUNCANS C1071
Block 050620 1072
1000 1001 1002 1003 1004 1005 1006 1007 1073
District 0041074
County Gwinnett GA 1075
VTD DUNCANS B1076
Block 050618 1077
1000 1001 1002 1003 1004 1078
Block 050619 1079
1000 1001 1002 1003 1004 1005 1007 1008 1012 2000 2001 20021080
2003 2004 1081
VTD DUNCANS C1082
Block 050618 1083
2000 2001 2002 3000 3001 3002 3003 3004 1084
Block 050619 1085
H. B. 869
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2005 2006 3004 3005
1086
VTD ROCKYCREEK A1087
Block 050619 1088
1010 1013 1014 1015 1016 1017 1089
District 0051090
County Gwinnett GA 1091
VTD ROCKYCREEK A1092
Block 050619 1093
1006 1009 1020 1021 1022 3000 3001 3002 3003 3006 3007 30081094
3010 1095
Block 050628 1096
1000 1001 2000 2001 2002 2003 2004 2005 2006 2007 2008 30001097
3001 3002 1098
H. B. 869
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APPENDIX C
1099
CERTIFICATE AS TO MINIMUM STANDARDS1100
FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION1101
I, Chuck Efstration, Georgia State Representative from the 104th District and the author of1102
this bill introduced at the 2024 regular session of the General Assembly of Georgia, which1103
grants an original municipal charter to the City of Mulberry, do hereby certify that this bill1104
is in compliance with the minimum standards required by Chapter 31 of Title 36 of the1105
O.C.G.A. in that the area embraced within the original incorporation in this bill is in all1106
respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the1107
O.C.G.A. This certificate is executed to conform to the requirements of Code1108
Section 36-31-5 of the O.C.G.A.1109
So certified this ___________ day of ________________, 2024.1110
________________________________1111
1112
Honorable Chuck Efstration1113
Representative, 104th District1114
Georgia House of Representatives1115
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