24 LC 47 2744S (SCS) Senate Bill 333 By: Senators Dixon of the 45th and Still of the 48th AS PASSED SENATE 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 S. B. 333 - 1 - 24 LC 47 2744S (SCS) 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 S. B. 333 - 2 - 24 LC 47 2744S (SCS) 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 S. B. 333 - 3 - 24 LC 47 2744S (SCS) 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 S. B. 333 - 4 - 24 LC 47 2744S (SCS) 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 S. B. 333 - 5 - 24 LC 47 2744S (SCS) 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 S. B. 333 - 6 - 24 LC 47 2744S (SCS) (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 S. B. 333 - 7 - 24 LC 47 2744S (SCS) 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 S. B. 333 - 8 - 24 LC 47 2744S (SCS) (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 S. B. 333 - 9 - 24 LC 47 2744S (SCS) 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 S. B. 333 - 10 - 24 LC 47 2744S (SCS) (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 S. B. 333 - 11 - 24 LC 47 2744S (SCS) 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 S. B. 333 - 12 - 24 LC 47 2744S (SCS) 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 S. B. 333 - 13 - 24 LC 47 2744S (SCS) counted as an affirmative vote; provided, however, that an abstention required by 296 Section 2.14 of this charter shall not count as either an affirmative or negative vote.297 SECTION 2.21.298 Ordinance form; procedures.299 (a) Every proposed ordinance shall be introduced in writing and in the form required for300 final adoption. No ordinance shall contain a subject which is not expressed in its title. The301 enacting clause shall be "It is hereby ordained by the governing authority of the City of302 Mulberry..." and every ordinance shall so begin.303 (b) An ordinance may be introduced by any councilmember and be read at a regular or304 special meeting of the city council. Ordinances shall be considered and adopted or rejected305 by the city council in accordance with the rules which it shall establish; provided, however,306 that an ordinance shall not be adopted the same day it is introduced, except for emergency307 ordinances provided for in Section 2.23 of this charter. Upon introduction of any308 ordinance, the clerk shall as soon as possible distribute a copy to each councilmember and309 shall file a reasonable number of copies in the office of the clerk and at such other public310 places as the city council may designate.311 SECTION 2.22.312 Action requiring an ordinance.313 (a) Acts of the city council which have the force and effect of law shall be enacted by314 ordinance.315 S. B. 333 - 14 - 24 LC 47 2744S (SCS) (b) In addition to any other notice or hearing provision of state law, prior to the adoption 316 of any ordinance or resolution changing any rate of taxation, amending the city's land use317 plan, or approving the issuance of a general obligation or revenue bond the city shall:318 (1) Publish notice of such proposed action for two consecutive weeks in the legal organ319 of the county;320 (2) Publish notice of such proposed action on any and all websites and social media321 accounts maintained by the city; and322 (3) Conduct two public hearings on the proposed actions.323 SECTION 2.23.324 Emergencies.325 (a) To meet a public emergency affecting life, health, property, or public peace, the city326 council may convene on call of the mayor or three councilmembers and may promptly327 adopt an emergency ordinance, but such ordinance may not levy taxes; regulate the rate328 charged by any public utility for its services; or authorize the borrowing of money except329 for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the330 form prescribed for ordinances generally, except that it shall be plainly designated as an331 emergency ordinance and shall contain, after the enacting clause, a declaration stating that332 an emergency exists and describing the emergency in clear and specific terms. An333 emergency ordinance may be adopted, with or without amendment, or rejected at the334 meeting at which it is introduced, but the affirmative vote of at least three councilmembers335 shall be required for adoption. It shall become effective upon adoption or at such later time336 as it may specify. Every emergency ordinance shall automatically stand repealed 30 days337 following the date upon which it was adopted, but this shall not prevent reenactment of the338 ordinance in the manner specified in this section if the emergency still exists. An339 S. B. 333 - 15 - 24 LC 47 2744S (SCS) emergency ordinance may also be repealed by adoption of a repealing ordinance in the 340 same manner specified in this section for adoption of emergency ordinances.341 (b) Such meetings shall be open to the public to the extent required by law and notice to342 the public of emergency meetings shall be made as fully as is reasonably possible in343 accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as344 are or may hereafter be enacted.345 SECTION 2.24.346 Codes of technical regulations.347 (a) The city council may adopt any standard code of technical regulations by reference348 thereto in an adopting ordinance. The procedure and requirements governing such349 adopting ordinance shall be as prescribed for ordinances generally except that: (1) the350 requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of351 copies of the ordinance shall be construed to include copies of any code of technical352 regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of353 technical regulations, as well as the adopting ordinance, shall be authenticated and recorded354 by the clerk pursuant to Section 2.25 of this charter.355 (b) Copies of any adopted code of technical regulations shall be made available by the356 clerk for inspection by the public.357 SECTION 2.25.358 Signing; authenticating;359 recording; codification; printing.360 (a) The clerk shall authenticate by the clerk's signature and record in full in a properly361 indexed book kept for that purpose all ordinances adopted by the city council.362 S. B. 333 - 16 - 24 LC 47 2744S (SCS) (b) The city council shall provide for the preparation of a general codification of all the 363 ordinances of the city having the force and effect of law. The general codification shall be364 adopted by the city council by ordinance and shall be published promptly, together with365 all amendments thereto and such codes of technical regulations and other rules and366 regulations as the city council may specify. This compilation shall be known and cited367 officially as "The Code of the City of Mulberry, Georgia." Copies of the code shall be368 furnished to all officers, departments, and agencies of the city and made available for369 purchase by the public at a reasonable price as fixed by the city council.370 (c) The city council shall cause each ordinance and each amendment to this charter to be371 printed promptly following its adoption, and the printed ordinances and charter372 amendments shall be made available for purchase by the public at reasonable prices to be373 fixed by the city council. Following publication of the first code under this charter and at374 all times thereafter, the ordinances and charter amendments shall be printed in substantially375 the same style as the code currently in effect and shall be suitable in form for incorporation376 therein. The city council shall make such further arrangements as deemed desirable with377 reproduction and distribution of any current changes in or additions to codes of technical378 regulations and other rules and regulations included in the code.379 SECTION 2.26.380 City manager; appointment; qualifications; compensation.381 Reserved.382 SECTION 2.27.383 Removal of city manager.384 Reserved.385 S. B. 333 - 17 - 24 LC 47 2744S (SCS) SECTION 2.28. 386 Acting city manager.387 Reserved.388 SECTION 2.29.389 Powers and duties of the city manager.390 Reserved.391 SECTION 2.30.392 Council interference with administration.393 The city council shall act in all matters as a body, and no councilmember shall seek394 individually to influence the official acts of any officer or employee of the city, or direct or395 request the appointment of any person to, or his or her removal from, any office or position396 of employment, or to interfere in any way with the performance of the duties by city officers397 or employees.398 SECTION 2.31.399 Appointment of mayor; forfeiture.400 The mayor of the city shall be appointed from among the councilmembers by a majority vote401 of the councilmembers at the first regular meeting after the newly elected councilmembers402 have taken office following each election and the mayor shall be subject to removal and403 replacement at any time by a majority vote of the councilmembers.404 S. B. 333 - 18 - 24 LC 47 2744S (SCS) SECTION 2.32. 405 Mayor pro tem.406 The city council at the first regular meeting after the newly elected councilmembers have407 taken office following each election shall elect a councilmember to serve as mayor pro tem.408 The mayor pro tem shall be elected by a majority vote of the city council. The mayor pro409 tem shall assume the duties and powers of the mayor during the mayor's physical or mental410 disability, suspension from office, or absence. Any such disability of the mayor shall be411 declared by a majority vote of the city council. The mayor pro tem shall sign all contracts412 and ordinances in which the mayor has a disqualifying financial interest as provided in413 Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall be entitled to414 vote as a member of the council.415 SECTION 2.33.416 Powers and duties of mayor.417 The mayor shall:418 (1) Preside at all meetings of the city council;419 (2) Be the head of the city for the purpose of service of process and for ceremonial420 purposes, and be the official spokesperson for the city and the chief advocate of policy;421 (3) Have the power to administer oaths and to take affidavits;422 (4) Sign as a matter of course on behalf of the city all written and approved contracts,423 ordinances, resolutions, and other instruments executed by the city which by law are424 required to be in writing;425 (5) Vote on matters before the city council; and426 (6) Prepare and submit to the city council a recommended annual operating budget and427 recommended capital budget.428 S. B. 333 - 19 - 24 LC 47 2744S (SCS) ARTICLE III. 429 ADMINISTRATIVE AFFAIRS430 SECTION 3.10.431 Administrative and service departments.432 (a) Except as otherwise provided in this charter, the city council by ordinance shall433 prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant434 all nonelective offices, positions of employment, departments, and agencies of the city as435 necessary for the proper administration of the affairs and government of this city.436 (b) Except as otherwise provided by this charter or by law, the directors of departments437 and other appointed officers of the city shall be appointed solely on the basis of their438 respective administrative and professional qualifications.439 (c) All appointed officers and directors of departments shall receive such compensation440 as prescribed by ordinance.441 (d) There shall be a director of each department or agency who shall be its principal442 officer. Each director shall, subject to the direction and supervision of the city council, be443 responsible for the administration and direction of the affairs and operations of that444 director's department or agency.445 (e) All appointed officers and directors shall be employees at will and subject to removal446 or suspension at any time by the city council otherwise provided by law or ordinance447 S. B. 333 - 20 - 24 LC 47 2744S (SCS) SECTION 3.11. 448 Boards, commissions, and authorities.449 (a) The city council shall create by ordinance such boards, commissions, and authorities450 to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council451 deems necessary and shall by ordinance establish the composition, period of existence,452 duties, and powers thereof.453 (b) All members of boards, commissions, and authorities of the city shall be appointed by454 the city council for such terms of office and in such manner as shall be provided by455 ordinance, except where other appointing authority, terms of office, or manner of456 appointment is prescribed by this charter or by law.457 (c) The city council by ordinance may provide for the compensation and reimbursement458 for actual and necessary expenses of the members of any board, commission, or authority.459 (d) Except as otherwise provided by charter or by law, no member of any board,460 commission, or authority shall hold any elective office in the city.461 (e) Any vacancy on a board, commission, or authority of the city shall be filled for the462 unexpired term in the manner prescribed in this charter for original appointment, except as463 otherwise provided by this charter or by law.464 (f) No member of a board, commission, or authority shall assume office until that person465 has executed and filed with the clerk of the city an oath obligating that person to perform466 faithfully and impartially the duties of that person's office; such oath shall be prescribed467 by ordinance and administered by the mayor.468 (g) All members of boards, commissions, or authorities of the city serve at will and may469 be removed at any time by the city council unless otherwise provided by law.470 (h) Except as otherwise provided by this charter or by law, each board, commission, or471 authority of the city shall elect one of its members as chairperson and one member as vice472 chairperson and may elect as its secretary one of its own members or may appoint as473 S. B. 333 - 21 - 24 LC 47 2744S (SCS) secretary an employee of the city. Each board, commission, or authority of the city 474 government may establish such bylaws, rules, and regulations, not inconsistent with this475 charter, ordinances of the city, or law, as it deems appropriate and necessary for the476 fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and477 regulations shall be filed with the clerk of the city.478 SECTION 3.12.479 City attorney.480 The city council shall appoint a city attorney, together with such assistant city attorneys as481 may be authorized, and shall provide for the payment of such attorney or attorneys for482 services rendered to the city. The city attorney shall be responsible for providing for the483 representation and defense of the city in all litigation in which the city is a party; may be the484 prosecuting officer in the municipal court; shall attend the meetings of the city council as485 directed; shall advise the city council and other officers and employees of the city concerning486 legal aspects of the city's affairs; and shall perform such other duties as may be required by487 virtue of such person's position as city attorney.488 SECTION 3.13.489 City clerk.490 The city council shall appoint a city clerk who shall not be a councilmember. The city clerk491 shall be custodian of the official city seal and city records; maintain city council records492 required by this charter; and perform such other duties as may be required by the city493 council.494 S. B. 333 - 22 - 24 LC 47 2744S (SCS) SECTION 3.14. 495 Position classification and pay plans.496 The mayor shall be responsible for the preparation of a position classification and pay plan497 which shall be submitted to the city council for approval. Such plan may apply to all498 employees of the city and any of its agencies, departments, boards, commissions, or499 authorities. When a pay plan has been adopted, the city council shall not increase or decrease500 the salary range applicable to any position except by amendment of such pay plan. For501 purposes of this section, all elected and appointed city officials are not city employees.502 SECTION 3.15.503 Personnel policies.504 (a) All employees serve at will and may be removed from office at any time unless505 otherwise provided by ordinance.506 (b) No person who has an immediate family member sitting on the city council shall be507 eligible for employment by the city or for appointment to any board or authority of the city.508 As used in this paragraph, the term "immediate family member" means a spouse, child,509 sibling, or parent or the spouse of a child, sibling, or parent.510 ARTICLE IV.511 JUDICIAL BRANCH512 SECTION 4.10.513 Creation; name.514 There shall be a court to be known as the Municipal Court of the City of Mulberry.515 S. B. 333 - 23 - 24 LC 47 2744S (SCS) SECTION 4.11. 516 Chief judge; associate judge.517 (a) The municipal court shall be presided over by a chief judge and such part-time,518 full-time, or stand-by judges as shall be provided by ordinance.519 (b) No person shall be qualified or eligible to serve as a judge on the municipal court520 unless that person shall have attained the age of 21 years and shall be a member of the State521 Bar of Georgia and shall possess all qualifications required by law. All judges shall be522 appointed by the city council and shall serve a term as provided by law and until a523 successor is appointed and qualified.524 (c) Compensation of the judges shall be fixed by ordinance.525 (d) Judges may be removed from office as provided by law.526 (e) Before assuming office, each judge shall take an oath, given by the mayor, that such527 judge will honestly and faithfully discharge the duties of the judge's office to the best of528 the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the529 minutes of the city council journal required in Section 2.19 of this charter.530 SECTION 4.12.531 Convening.532 The municipal court shall be convened at regular intervals as provided by ordinance.533 SECTION 4.13.534 Jurisdiction; powers.535 (a) The municipal court shall try and punish violations of this charter and city ordinances.536 S. B. 333 - 24 - 24 LC 47 2744S (SCS) (b) The municipal court shall have authority to punish those in its presence for contempt, 537 provided that such punishment shall not exceed $200.00 or ten days in jail.538 (c) The municipal court may fix punishment for offenses within its jurisdiction not539 exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and540 imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as541 now or hereafter provided by law.542 (d) The municipal court shall have authority to establish a schedule of fees to defray the543 cost of operation and shall be entitled to reimbursement of the cost of meals, transportation,544 and caretaking of prisoners bound over to superior courts for violations of state law.545 (e) The municipal court shall have authority to establish bail and recognizances to ensure546 the presence of those charged with violations before such court and shall have discretionary547 authority to accept cash or personal or real property as surety for the appearance of persons548 charged with violations. Whenever any person shall give bail for that person's appearance549 and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by550 the judge presiding at such time and an execution issued thereon by serving the defendant551 and the defendant's sureties with a rule nisi at least two days before a hearing on the rule552 nisi. In the event that cash or property is accepted in lieu of bond for security for the553 appearance of a defendant at trial, and if such defendant fails to appear at the time and554 place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited555 to the city, or the property so deposited shall have a lien against it for the value forfeited556 which lien shall be enforceable in the same manner and to the same extent as a lien for city557 property taxes.558 (f) The municipal court shall have the same authority as superior courts to compel the559 production of evidence in the possession of any party; to enforce obedience to its orders,560 judgments, and sentences; and to administer such oaths as are necessary.561 S. B. 333 - 25 - 24 LC 47 2744S (SCS) (g) The municipal court may compel the presence of all parties necessary to a proper 562 disposal of each case by the issuance of summonses, subpoenas, and warrants which may563 be served as executed by any officer as authorized by this charter or by law.564 (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest565 of persons charged with offenses against any ordinance of the city, and each judge of the566 municipal court shall have the same authority as a magistrate of the state to issue warrants567 for offenses against state laws committed within the city.568 SECTION 4.14.569 Certiorari.570 The right of certiorari from the decision and judgment of the municipal court shall exist in571 all criminal cases and ordinance violation cases, and such certiorari shall be obtained under572 the sanction of a judge of the Superior Court of Gwinnett County under the laws of the State573 of Georgia regulating the granting and issuance of writs of certiorari.574 SECTION 4.15.575 Rules for court.576 With the approval of the city council, the judge shall have full power and authority to make577 reasonable rules and regulations necessary and proper to secure the efficient and successful578 administration of the municipal court; provided, however, that the city council may adopt in579 part or in toto the rules and regulations applicable to municipal courts. The rules and580 regulations made or adopted shall be filed with the city clerk, shall be available for public581 inspection, and, upon request, a copy shall be furnished to all defendants in municipal court582 proceedings at least 48 hours prior to such proceedings.583 S. B. 333 - 26 - 24 LC 47 2744S (SCS) ARTICLE V. 584 ELECTIONS AND REMOVAL585 SECTION 5.10.586 Applicability of general law.587 All primaries and elections shall be held and conducted in accordance with Chapter 2 of588 Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.589 SECTION 5.11.590 Regular elections; time for holding.591 Except as otherwise provided in Article VIII of this charter for the initial elections, there592 shall be a municipal general election every four years in odd-numbered years on the Tuesday593 next following the first Monday in November. There shall be elected five councilmembers594 at each election so that a continuing body is created.595 SECTION 5.12.596 Nonpartisan elections.597 Political parties shall not conduct primaries for city offices and all names of candidates for598 city offices shall be listed without party labels.599 SECTION 5.13.600 Election by majority.601 The candidate receiving a majority of the votes cast for any city office shall be elected.602 S. B. 333 - 27 - 24 LC 47 2744S (SCS) SECTION 5.14. 603 Special elections; vacancies.604 In the event that the office of councilmember shall become vacant as provided in605 Section 2.12 of this charter, the city council or those councilmembers remaining shall order606 a special election to fill the balance of the unexpired term of such official; provided,607 however, that, if such vacancy occurs within 12 months of the expiration of the term of that608 office, the city council or those members remaining shall appoint a successor for the609 remainder of the term. In all other respects, the special election shall be held and conducted610 in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as611 now or hereafter amended.612 SECTION 5.15.613 Other provisions.614 Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe615 such rules and regulations as it deems appropriate to fulfill any options and duties under616 Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."617 SECTION 5.16.618 Removal of officers.619 (a) A councilmember or other appointed officers provided for in this charter shall be620 removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A.621 or such other applicable laws as are or may hereafter be enacted.622 (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished623 by one of the following methods:624 S. B. 333 - 28 - 24 LC 47 2744S (SCS) (1) Following a hearing at which an impartial panel shall render a decision. In the event 625 an elected officer is sought to be removed by the action of the city council, such officer626 shall be entitled to a written notice specifying the ground or grounds for removal and to627 a public hearing which shall be held not less than ten days after the service of such628 written notice. The city council shall provide by ordinance for the manner in which such629 hearings shall be held. Any elected officer sought to be removed from office as provided630 in this section shall have the right of appeal from the decision of the city council to the631 Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as632 govern appeals to the superior court from the probate court; or633 (2) By an order of the Superior Court of Gwinnett County following a hearing on a634 complaint seeking such removal brought by any resident of the City of Mulberry.635 ARTICLE VI.636 FINANCE637 SECTION 6.10.638 Property tax.639 The city council shall not assess, levy, or collect any ad valorem taxes on any real or personal640 property within the corporate limits of the city.641 SECTION 6.11.642 Millage rate and due dates.643 The city council shall not establish a millage rate in excess of 0 mills.644 S. B. 333 - 29 - 24 LC 47 2744S (SCS) SECTION 6.12. 645 Occupation and business taxes.646 The city council by ordinance shall have the power to levy such occupation or business taxes647 as are not denied by law. The city council may classify businesses, occupations, or648 professions for the purpose of such taxation in any way which may be lawful and may649 compel the payment of such taxes as provided in Section 6.18 of this charter.650 SECTION 6.13.651 Licenses; permits; fees.652 The city council by ordinance shall have the power to require businesses or practitioners653 doing business in this city to obtain a permit for such activity from the city and pay a654 regulatory fee for such permit as provided by general law. Such fees shall reflect the total655 cost to the city of regulating the activity and, if unpaid, shall be collected as provided in656 Section 6.18 of this charter.657 SECTION 6.14.658 Franchises.659 Reserved.660 SECTION 6.15.661 Service charges.662 Reserved.663 S. B. 333 - 30 - 24 LC 47 2744S (SCS) SECTION 6.16. 664 Special assessments.665 The city council by ordinance shall have the power to assess and collect the cost of666 constructing, reconstructing, widening, or improving any public way, street, sidewalk,667 curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property668 owners. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.669 SECTION 6.17.670 Construction; other taxes.671 Reserved.672 SECTION 6.18.673 Collection of delinquent taxes and fees.674 The city council by ordinance may provide generally for the collection of delinquent taxes,675 fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by676 whatever reasonable means as are not precluded by law. This shall include providing for the677 dates when the taxes or fees are due; late penalties or interest; issuance and execution of678 fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the679 persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any680 city taxes or fees; and providing for the assignment or transfer of tax executions.681 S. B. 333 - 31 - 24 LC 47 2744S (SCS) SECTION 6.19. 682 General obligation bonds.683 The city council shall have the power to issue bonds for the purpose of raising revenue to684 carry out any project, program, or venture authorized under this charter or the laws of the685 state. Such bonding authority shall be exercised in accordance with the laws governing bond686 issuance by municipalities in effect at the time said issue is undertaken.687 SECTION 6.20.688 Revenue bonds.689 Revenue bonds may be issued by the city council as state law now or hereafter provides.690 Such bonds are to be paid out of any revenue produced by the project, program, or venture691 for which they were issued.692 SECTION 6.21.693 Short-term loans.694 The city may obtain short-term loans and must repay such loans not later than December 31695 of each year, unless otherwise provided by law.696 SECTION 6.22.697 Lease-purchase contracts.698 The city may enter into multiyear lease, purchase, or lease-purchase contracts for the699 acquisition of goods, materials, real and personal property, services, and supplies, provided700 the contract terminates without further obligation on the part of the municipality at the close701 S. B. 333 - 32 - 24 LC 47 2744S (SCS) of the calendar year in which it was executed and at the close of each succeeding calendar 702 year for which it may be renewed. Contracts must be executed in accordance with the703 requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are704 or may hereafter be enacted.705 SECTION 6.23.706 Fiscal year.707 The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the708 budget year and the year for financial accounting and reporting of each and every office,709 department, agency, and activity of the city government.710 SECTION 6.24.711 Budget ordinance.712 The city council shall provide an ordinance on the procedures and requirements for the713 preparation and execution of an annual operating budget, a capital improvement plan, and714 a capital budget, including requirements as to the scope, content, and form of such budgets715 and plans. The city council shall also comply with the budgeting and auditing provisions of716 Chapter 81 of Title 36 of the O.C.G.A.717 SECTION 6.25.718 Operating budget.719 On or before a date fixed by the city council but not later than 60 days prior to the beginning720 of each fiscal year, the mayor shall submit to the city council a proposed operating budget721 for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor722 S. B. 333 - 33 - 24 LC 47 2744S (SCS) containing a statement of the general fiscal policies of the city, the important features of the 723 budget, explanations of major changes recommended for the next fiscal year, a general724 summary of the budget, and other pertinent comments and information. The operating725 budget and the capital budget provided for in Section 6.29 of this charter, the budget726 message, and all supporting documents shall be filed in the office of the city clerk and shall727 be open to public inspection.728 SECTION 6.26.729 Action by city council on budget.730 (a) The councilmembers may amend the operating budget proposed by the mayor, except731 that the budget as finally amended and adopted must provide for all expenditures required732 by state law or by other provisions of this charter and for all debt service requirements for733 the ensuing fiscal year. The total appropriations from any fund shall not exceed the734 estimated fund balance, reserves, and revenues.735 (b) The city council by ordinance shall adopt the final operating budget for the ensuing736 fiscal year not later than 15 days prior to the end of the current fiscal year. If the city737 council fails to adopt the budget by said date, the amounts appropriated for operation for738 the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a739 month-to-month basis, with all items prorated accordingly, until such time as the city740 council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the741 form of an appropriations ordinance setting out the estimated revenues in detail by sources742 and making appropriations according to fund and by organizational unit, purpose, or743 activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of744 this charter.745 (c) The amount set out in the adopted operating budget for each organizational unit shall746 constitute the annual appropriation for such, and no expenditure shall be made or747 S. B. 333 - 34 - 24 LC 47 2744S (SCS) encumbrance created in excess of the otherwise unencumbered balance of the 748 appropriations or allotment thereof to which it is chargeable.749 SECTION 6.27.750 Levy of taxes.751 The city council shall levy by ordinance such taxes as are necessary and consistent with this752 Act. The taxes and tax rates set by such ordinance shall be such that reasonable estimates753 of revenues from such levy shall at least be sufficient, together with other anticipated754 revenues, fund balances, and applicable reserves, to equal the total amount appropriated for755 each of the several funds set forth in the annual operating budget for defraying the expenses756 of the general government of this city.757 SECTION 6.28.758 Changes in appropriations.759 The city council by ordinance may make changes in the appropriations contained in the760 current operating budget at any regular meeting or special or emergency meeting called for761 such purpose, but any additional appropriations may be made only from an existing762 unexpended surplus.763 SECTION 6.29.764 Capital improvements.765 (a) On or before the date fixed by the city council, but not later than 60 days prior to the766 beginning of each fiscal year, the mayor shall submit to the city council a proposed capital767 improvements plan with a recommended capital budget containing the means of financing768 S. B. 333 - 35 - 24 LC 47 2744S (SCS) the improvements proposed for the ensuing fiscal year. The city council shall have power 769 to accept, with or without amendments, or reject the proposed plan and budget. The city770 council shall not authorize an expenditure for the construction of any building, structure,771 work, or improvement unless the appropriations for such project are included in the capital772 budget, except to meet a public emergency as provided in Section 2.23 of this charter.773 (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal774 year not later than December 15 of each year. No appropriation provided for in a prior775 capital budget shall lapse until the purpose for which the appropriation was made shall776 have been accomplished or abandoned; provided, however, that the mayor may submit777 amendments to the capital budget at any time during the fiscal year, accompanied by778 recommendations. Any such amendments to the capital budget shall become effective only779 upon adoption by ordinance.780 SECTION 6.30.781 Audits.782 There shall be an annual independent audit of all city accounts, funds, and financial783 transactions by a certified public accountant selected by the city council. The audit shall be784 conducted according to generally accepted auditing principles. Any audit of any funds by785 the state or federal governments may be accepted as satisfying the requirements of this786 charter. Copies of annual audit reports shall be available at printing costs to the public.787 SECTION 6.31.788 Procurement and property management.789 No contract with the city shall be binding on the city unless:790 (1) It is in writing;791 S. B. 333 - 36 - 24 LC 47 2744S (SCS) (2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of 792 course, is signed by the city attorney to indicate such drafting or review; and793 (3) It is made or authorized by the city council and such approval is entered in the city794 council journal of proceedings pursuant to Section 2.19 of this charter.795 SECTION 6.32.796 Purchasing.797 The city council shall by ordinance prescribe procedures for a system of centralized798 purchasing for the city.799 SECTION 6.33.800 Sale and lease of property.801 (a) The city council may sell and convey or lease any real or personal property owned or802 held by the city for governmental or other purposes as now or hereafter provided by law.803 (b) The city council may quitclaim any rights it may have in property not needed for public804 purposes upon report by the mayor and adoption of a resolution, both finding that the805 property is not needed for public or other purposes and that the interest of the city has no806 readily ascertainable monetary value.807 (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place808 of the city a small parcel or tract of land is cut off or separated by such work from a larger809 tract or boundary of land owned by the city, the city council may authorize the mayor to810 sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining811 property owner or owners where such sale and conveyance facilitates the highest and best812 use of the abutting owner's property. Included in the sales contract shall be a provision for813 the rights of way of said street, avenue, alley, or public place. Each abutting property814 S. B. 333 - 37 - 24 LC 47 2744S (SCS) owner shall be notified of the availability of the property and given the opportunity to 815 purchase said property under such terms and conditions as set out by ordinance. All deeds816 and conveyances heretofore and hereafter so executed and delivered shall convey all title817 and interest the city has in such property, notwithstanding the fact that no public sale after818 advertisement was or is hereafter made.819 SECTION 6.34.820 Apportionment of revenue.821 Except as otherwise agreed pursuant to Chapter 70 of Title 36 of the O.C.G.A., the city is822 authorized to pay all revenues collected by Gwinnett County on behalf of the city to the823 county in exchange for continuation of services during the transition period provided in824 Section 8.11 of this charter and beyond, with the exception of fines collected in municipal825 court.826 ARTICLE VII.827 GENERAL PROVISIONS828 SECTION 7.10.829 Bonds for officials.830 The officers and employees of this city, both elected and appointed, shall execute such surety831 or fidelity bonds in such amounts and upon such terms and conditions as the city council832 shall from time to time require by ordinance or as may be provided by law.833 S. B. 333 - 38 - 24 LC 47 2744S (SCS) SECTION 7.11. 834 Construction and definitions.835 (a) Section captions in this charter are informative only and are not to be considered as a836 part thereof.837 (b) The word "shall" is mandatory and the word "may" is permissive.838 (c) The singular shall include the plural, the masculine shall include the feminine, and vice839 versa.840 ARTICLE VIII.841 REFERENDUM AND INITIAL ELECTIONS842 SECTION 8.10.843 Referendum and initial election.844 (a) The election superintendent of Gwinnett County shall call a special election for the845 purpose of submitting this Act to the qualified voters of the proposed City of Mulberry for846 approval or rejection. The superintendent shall set the date of such election concurrent847 with the general primary election in 2024. The superintendent shall issue the call for such848 election at least 30 days prior to the date thereof. The superintendent shall cause the date849 and purpose of the election to be published once a week for two weeks immediately850 preceding the date thereof in the official organ of Gwinnett County. The ballot shall have851 written or printed thereon the words:852 "( ) YES853 ( ) NO854 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 855 desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes856 S. B. 333 - 39 - 24 LC 47 2744S (SCS) cast on such question are for approval of the Act, it shall become of full force and effect 857 as provided in Section 8.11 of this charter, otherwise it shall be void and of no force and858 effect.859 The initial expense of such election shall be borne by Gwinnett County. Within two years860 after the elections if the incorporation is approved, the City of Mulberry shall reimburse861 Gwinnett County for the actual cost of printing and personnel services for such election and862 for the initial election of the councilmembers pursuant to this charter. It shall be the863 election superintendent's duty to certify the result thereof to the Secretary of State. The864 provisions of this section shall be mandatory upon the election superintendent and are not865 intended as directory. If the election superintendent fails or refuses to comply with this866 section, any elector of Gwinnett County may apply for a writ of mandamus to compel the867 election superintendent to perform his or her duties under this section. If the court finds868 that the election superintendent has not complied with this section, the court shall fashion869 appropriate relief requiring the election superintendent to call and conduct such election870 on the date required by this section or on the next date authorized for special elections871 provided for in Code Section 21-2-540 of the O.C.G.A.872 (b) For the purposes of the referendum election provided for in subsection (a) of this873 section and for the purposes of the special election of the City of Mulberry to be held on874 the Tuesday after the first Monday in November, 2024, the qualified electors of the City875 of Mulberry shall be those qualified electors of Gwinnett County residing within the876 corporate limits of the City of Mulberry as described by Appendix A of this charter. At877 subsequent municipal elections, the qualified electors of the City of Mulberry shall be878 determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A. known as the879 "Georgia Election Code." For the purpose of electing the initial councilmembers at the880 special election of the City of Mulberry to be held on the Tuesday after the first Monday881 in November, 2024, a person shall be eligible to serve as a councilmember if that person882 S. B. 333 - 40 - 24 LC 47 2744S (SCS) has been a resident of the area described in Appendix A for 12 months prior to the date of 883 such election.884 (c) Only for the purposes of holding and conducting the referendum election provided for885 in subsection (a) of this section and holding the special election of the City of Mulberry to886 be held on the Tuesday after the first Monday in November, 2024, the election887 superintendent of Gwinnett County is vested with the powers and duties of the election888 superintendent of the City of Mulberry and the powers and duties of the governing889 authority of the City of Mulberry.890 SECTION 8.11.891 Effective dates and transition.892 (a) The provisions of this Act necessary for the referendum election provided for in893 Section 8.10 of this charter shall become effective immediately upon this Act's approval894 by the Governor or upon its becoming law without such approval.895 (b) Those provisions of this Act necessary for the special election provided for in896 Section 8.13 of this charter shall be effective upon the certification of the results of the897 referendum election provided for by Section 8.10 of this charter if this Act is approved at898 such referendum election.899 (c) Except as provided in Section 8.10 of this charter, the remaining provisions of this Act900 shall become of full force and effect for all purposes at 12:00 Midnight on January 1, 2025,901 except that the initial councilmembers shall take office immediately following their902 election and the certification thereof and by action of a quorum may prior to 12:00903 Midnight on January 1, 2025, meet and take actions binding on the city.904 (d) A period of time will be needed for an orderly transition of various government905 functions from Gwinnett County to the City of Mulberry. Accordingly there shall be a906 transition period beginning on the date the initial councilmembers take office under this907 S. B. 333 - 41 - 24 LC 47 2744S (SCS) charter, and ending at 12:00 Midnight on December 31, 2026. During such transition 908 period, all provisions of this charter shall be effective as law, but not all provisions of this909 charter shall be implemented.910 (e) During such transition period, Gwinnett County shall continue to provide within the911 territorial limits of the city all government services and functions which Gwinnett County912 provided in that area during the years 2023 and 2024 and at the same actual cost, except913 to the extent otherwise provided in this section and except that the governing authority of914 Gwinnett County shall make no modifications to the zoning of any property located within915 the city during such transition period; provided, however, that upon at least 60 days' prior916 written notice to Gwinnett County by the City of Mulberry, responsibility for any such917 service or function shall be transferred to the City of Mulberry. During the transition918 period, the city shall remain within the Gwinnett County special services district, but shall919 be removed from such district at the conclusion of such period. Beginning920 December 1, 2025, the City of Mulberry shall collect taxes, fees, assessments, fines and921 forfeitures, and other moneys within the territorial limits of the city in the same manner as922 authorized immediately prior to the effective date of this section; provided, however, that923 upon at least 60 days' prior written notice to Gwinnett County by the City of Mulberry, the924 authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain925 with Gwinnett County after December 1, 2025, until such time as Gwinnett County926 receives subsequent notice from the City of Mulberry that such authority shall be927 transferred to the City of Mulberry.928 (f) During the transition period, the governing authority of the City of Mulberry:929 (1) Shall hold regular meetings and may hold special meetings as provided in this930 charter;931 (2) May enact ordinances and resolutions as provided in this charter;932 (3) May amend this charter by home rule action as provided by general law;933 (4) May accept gifts and grants;934 S. B. 333 - 42 - 24 LC 47 2744S (SCS) (5) May borrow money and incur indebtedness to the extent authorized by this charter 935 and general law;936 (6) Reserved;937 (7) May establish a fiscal year and budget;938 (8) May create, alter, or abolish departments, boards, offices, commissions, and agencies939 of the city; appoint and remove officers and employees; and exercise all necessary or940 appropriate personnel and management functions; and941 (9) May generally exercise any power granted by this charter or general law, except to942 the extent that a power is specifically and integrally related to the provision of a943 governmental service, function, or responsibility not yet provided or carried out by the944 city.945 (g) Except as otherwise provided in this section, during the transition period, the946 Municipal Court of the City of Mulberry shall not exercise its jurisdiction. During the947 transition period, all ordinances of Gwinnett County shall remain applicable within the948 territorial limits of the city and the appropriate court or courts of Gwinnett County shall949 retain jurisdiction to enforce such ordinances. However, by mutual agreement and950 concurrent resolutions and ordinances if needed Gwinnett County and the City of Mulberry951 may during the transition period transfer all or part of such regulatory authority and the952 appropriate court jurisdiction to the City of Mulberry. Any transfer of jurisdiction to the953 City of Mulberry during or at the end of the transition period shall not in and of itself abate954 any judicial proceeding pending in Gwinnett County or the pending prosecution of any955 violation of any ordinance of Gwinnett County.956 (h) During the transition period, the governing authority of the City of Mulberry may at957 any time, without the necessity of any agreement by Gwinnett County, commence to958 exercise its code enforcement and planning and zoning powers; provided, however, that the959 city shall give the county notice of the date on which the city will assume the exercise of960 such powers. Upon the governing authority of the City of Mulberry commencing to961 S. B. 333 - 43 - 24 LC 47 2744S (SCS) exercise its code enforcement and planning and zoning powers, the Municipal Court of the 962 City of Mulberry shall immediately have jurisdiction to enforce the code enforcement and963 planning and zoning ordinances of the city. The provisions of this subsection shall control964 over any conflicting provisions of any other subsection of this section.965 (i) Effective upon the termination of the transition period, subsections (b) through (h) of966 this section shall cease to apply except for the last sentence of subsection (g) which shall967 remain effective. Effective upon the termination of the transition period, the City of968 Mulberry shall be a full functioning municipal corporation and subject to all general laws969 of this state.970 SECTION 8.12.971 Directory nature of dates.972 Unless otherwise provided for in this charter, it is the intention of the General Assembly that973 this Act be construed as directory rather than mandatory with respect to any date prescribed974 in this Act. If it is necessary to delay any action called for in this Act for providential cause975 or any other reason, it is the intention of the General Assembly that the action be delayed976 rather than abandoned. Any delay in performing any action under this Act, whether for cause977 or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the978 generality of the foregoing it is specifically provided that:979 (1) If it is not possible to hold the referendum election provided for in Section 8.10 of980 this charter on the date specified in that section, then such referendum shall be held as981 soon thereafter as is reasonably practicable; and982 (2) If it is not possible to hold the first election provided for in Section 8.13 of this983 charter on the date specified in that section, then there shall be a special election for the984 initial members of the governing authority to be held as soon thereafter as is reasonably985 S. B. 333 - 44 - 24 LC 47 2744S (SCS) practicable, and the commencement of the initial terms of office shall be delayed 986 accordingly.987 SECTION 8.13.988 Special election.989 (a) The first election for councilmembers shall be a special election held on the Tuesday990 after the first Monday in November, 2024. At such election, the first councilmembers shall991 be elected to serve for the initial terms of office specified in subsection (b) of this section.992 Thereafter, the time for holding regular municipal elections shall be on the Tuesday next993 following the first Monday in November of each odd-numbered year beginning in 2025.994 The successors to the first initial councilmembers and future successors shall take office995 at the first organizational meeting in January immediately following their election and shall996 serve for terms of four years and until their respective successors are elected and qualified.997 (b) The initial councilmembers elected by a majority vote of the qualified electors of the998 city from the five districts shall serve a term of office through December 31, 2027, and999 until their respective successors are elected and qualified. Thereafter, successors to such1000 initial councilmembers shall serve four-year terms of office and until their respective1001 successors are elected and qualified.1002 S. B. 333 - 45 - 24 LC 47 2744S (SCS) ARTICLE IX. 1003 GENERAL REPEALER1004 SECTION 9.10.1005 General repealer.1006 All laws and parts of laws in conflict with this Act are repealed.1007 S. B. 333 - 46 - 24 LC 47 2744S (SCS) APPENDIX A 1008 LEGAL DESCRIPTION1009 CITY OF MULBERRY, GEORGIA1010 User: H104 1011 Plan Name: Mulberry-City-2024 1012 Plan Type: Local 1013 VTD DUNCANS A1014 VTD DUNCANS B1015 VTD DUNCANS C1016 VTD DUNCANS D1017 Block 050615 1018 1000 1012 1019 Block 050616 1020 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 2000 20011021 2002 2003 2004 2005 1022 Block 050617 1023 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4012 40211024 4022 4023 5032 1025 VTD PUCKETTS C1026 Block 050615 1027 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 10181028 2000 2001 2002 2003 1029 Block 050635 1030 1003 1004 1005 1006 1007 1031 S. B. 333 - 47 - 24 LC 47 2744S (SCS) Block 050636 1032 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1033 VTD ROCKYCREEK A1034 Block 050619 1035 1006 1009 1010 1013 1014 1015 1016 1017 1020 1021 1022 30001036 3001 3002 3003 3006 3007 3008 3010 1037 Block 050628 1038 1000 1001 2000 2001 2002 2003 2004 2005 2006 2007 2008 30001039 3001 3002 1040 S. B. 333 - 48 - 24 LC 47 2744S (SCS) APPENDIX B 1041 City Council Districts1042 User: H104 1043 Plan Name: Mulberry-Dist-2024 1044 Plan Type: Local1045 District 0011046 County Gwinnett GA 1047 VTD DUNCANS D1048 Block 050615 1049 1000 1012 1050 Block 050616 1051 1003 1004 1006 1007 1008 1009 1010 1052 VTD PUCKETTS C1053 Block 050615 1054 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 10181055 2000 2001 2002 2003 1056 Block 050635 1057 1003 1004 1005 1006 1007 1058 Block 050636 1059 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1060 District 0021061 County Gwinnett GA 1062 VTD DUNCANS B1063 Block 050617 1064 2000 2001 2002 2003 2004 2005 2006 3000 3001 3002 3007 40131065 S. B. 333 - 49 - 24 LC 47 2744S (SCS) 4014 4015 4016 4018 4019 4020 4024 4025 1066 VTD DUNCANS D1067 Block 050616 1068 1000 1001 1002 2000 2001 2002 2003 2004 2005 1069 Block 050617 1070 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4012 40211071 4022 4023 5032 1072 District 0031073 County Gwinnett GA 1074 VTD DUNCANS A1075 VTD DUNCANS C1076 Block 050620 1077 1000 1001 1002 1003 1004 1005 1006 1007 1078 District 0041079 County Gwinnett GA 1080 VTD DUNCANS B1081 Block 050618 1082 1000 1001 1002 1003 1004 1083 Block 050619 1084 1000 1001 1002 1003 1004 1005 1007 1008 1012 2000 2001 20021085 2003 2004 1086 VTD DUNCANS C1087 Block 050618 1088 2000 2001 2002 3000 3001 3002 3003 3004 1089 Block 050619 1090 S. B. 333 - 50 - 24 LC 47 2744S (SCS) 2005 2006 3004 3005 1091 VTD ROCKYCREEK A1092 Block 050619 1093 1010 1013 1014 1015 1016 1017 1094 District 0051095 County Gwinnett GA 1096 VTD ROCKYCREEK A1097 Block 050619 1098 1006 1009 1020 1021 1022 3000 3001 3002 3003 3006 3007 30081099 3010 1100 Block 050628 1101 1000 1001 2000 2001 2002 2003 2004 2005 2006 2007 2008 30001102 3001 3002 1103 S. B. 333 - 51 - 24 LC 47 2744S (SCS) APPENDIX C 1104 CERTIFICATE AS TO MINIMUM STANDARDS1105 FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION1106 I, Clint Dixon, Georgia State Senator from the 45th District and the author of this bill1107 introduced at the 2024 regular session of the General Assembly of Georgia, which grants an1108 original municipal charter to the City of Mulberry, do hereby certify that this bill is in1109 compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A.1110 in that the area embraced within the original incorporation in this bill is in all respects in1111 compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. 1112 This certificate is executed to conform to the requirements of Code Section 36-31-5 of the1113 O.C.G.A.1114 So certified this ___________ day of ________________, 2023.1115 ________________________________1116 1117 Honorable Clint Dixon1118 Senator, 45th District1119 Georgia State Senate1120 S. B. 333 - 52 -