Georgia 2023-2024 Regular Session

Georgia Senate Bill SB333 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 ~~SB 333/AP~~
	1	+	24 LC 47 2744S (SCS)
2	2		Senate Bill 333
3	3		By: Senators Dixon of the 45th and Still of the 48th
4		-	AS PASSED
	4	+	AS PASSED SENATE
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		To incorporate the City of Mulberry; to provide a charter; to provide for legislative findings;
8	8		1
9	9		to provide for boundaries and powers of the city; to provide for a governing authority of such2
10	10		city and the powers, duties, authority, election, terms, term limits, vacancies, compensation,3
11	11		expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from4
12	12		office relative to members of such governing authority; to provide for inquiries and5
13	13		investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and6
14	14		procedures; to provide for ordinances and codes; to provide additional notice and hearing7
15	15		requirements; to provide for a mayor, mayor pro tempore, and certain duties, powers, and8
16	16		other matters relative thereto; to prohibit council interference with administration; to provide9
17	17		for administrative affairs and responsibilities; to provide for boards, commissions, and10
18	18		authorities; to provide for a city attorney, a city clerk, and other personnel and matters11
19	19		relating thereto; to provide for rules and regulations; to provide for a municipal court and the12
20	20		judge or judges thereof and other matters relative to those judges; to provide for the court's13
21	21		jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to14
22	22		provide for elections; to provide for taxation, licenses, and fees; to provide for special15
23	23		assessments; to provide for bonded and other indebtedness; to provide for auditing,16
24	24		accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to17
25	25		provide for the conveyance of property and interests therein; to provide for bonds for18
26		-	officials; to provide for prior ordinances and rules, pending matters, and existing personnel;19
	26	+	S. B. 333
	27	+	- 1 - 24 LC 47 2744S (SCS)
	28	+	officials; to provide for prior ordinances and rules, pending matters, and existing personnel;
	29	+	19
27	30		to provide for penalties; to provide for definitions and construction; to provide for other20
28		-	S. B. 333
29		-	- 1 - 24 SB 333/AP
30		-	matters relative to the foregoing; to provide for a referendum, effective dates, and automatic
31		-	21
	31	+	matters relative to the foregoing; to provide for a referendum, effective dates, and automatic21
32	32		repeal; to provide for mandatory execution of election and judicial remedies regarding failure22
33	33		to comply; to provide effective dates and transitional provisions governing the transfer of23
34	34		various functions and responsibilities from Gwinnett County to the City of Mulberry; to24
35	35		provide for severability; to provide for effective dates; to repeal conflicting laws; and for25
36	36		other purposes.26
37	37		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:27
38	38		ARTICLE I.28
39	39		INCORPORATION AND POWERS29
40	40		SECTION 1.10.30
41	41		Legislative findings.31
42	42		The General Assembly of Georgia determines and finds that certain portions of32
43	43		unincorporated northeastern Gwinnett County would benefit from gaining local control over33
44	44		planning and zoning in their community through the creation of a municipal corporation34
45	45		offering limited services, including planning and zoning, storm-water collection and disposal,35
46	46		and code enforcement. The General Assembly of Georgia further determines and finds that36
47	47		the citizens of such a municipal corporation would be best served by a limited municipal37
48	48		government that cannot collect property taxes from its residents and that any other38
49	49		nonproperty tax revenue sources be neutral with respect to cost burdens on homeowners.39
50	50		S. B. 333
51		-	- 2 - 24 ~~SB 333/AP~~
	51	+	- 2 - 24 LC 47 2744S (SCS)
52	52		SECTION 1.11.
53	53		40
54	54		Name.41
55	55		This Act shall constitute the charter of the City of Mulberry. The city and the inhabitants42
56	56		thereof are constituted and declared a body politic and corporate under the name and style43
57	57		"City of Mulberry, Georgia," and by that name shall have perpetual succession.44
58	58		SECTION 1.12.45
59	59		City motto.46
60	60		The motto of the City of Mulberry shall be "Non Sibi Sed Aliis."47
61	61		SECTION 1.13.48
62	62		Corporate boundaries.49
63	63		(a) The boundaries of this city shall be those set forth and described in Appendix A of this50
64	64		charter, and said Appendix A is incorporated into and made a part of this charter. The51
65	65		boundaries of this city at all times shall be shown on a map, a written description, or any52
66	66		combination thereof, to be retained permanently in the office of the city clerk and to be53
67	67		designated, as the case may be: "Official Map (or Description) of the corporate limits of54
68	68		the City of Mulberry, Georgia." Photographic, typed, or other copies of such map or55
69	69		description certified by the city clerk shall be admitted as evidence in all courts and shall56
70	70		have the same force and effect as with the original map or description.57
71	71		(b) The city council may provide for the redrawing of any such map by ordinance to reflect58
72	72		lawful changes in the corporate boundaries. A redrawn map shall supersede for all59
73	73		purposes the entire map or maps which it is designated to replace.60
74	74		S. B. 333
75		-	- 3 - 24 ~~SB 333/AP~~
	75	+	- 3 - 24 LC 47 2744S (SCS)
76	76		SECTION 1.14.
77	77		61
78	78		Powers and construction.62
79	79		(a) This city shall have all the powers possible for a city to have under the present or future63
80	80		Constitution or laws of this state as fully and completely as though they were specifically64
81	81		enumerated in this charter, except that the city shall not have the power to assess, levy, or65
82	82		collect ad valorem taxes on real or personal property within the corporate limits of the city.66
83	83		This city shall have all the powers of self-government not otherwise prohibited by this67
84	84		charter or by general law.68
85	85		(b) The city shall exercise the powers granted to it under the present or future Constitution69
86	86		and laws of this state for the purposes of providing planning and zoning, code adoption and70
87	87		enforcement, and storm-water collection and disposal and those items related to the71
88	88		provision of such services and for the general administration of the city in providing such72
89	89		services.73
90	90		(c) The provision of services and exercise of powers enumerated in this Section of this74
91	91		charter may be provided by the city contracting with service providers via75
92	92		intergovernmental agreements or contracts with private parties.76
93	93		(d) The powers of this city shall be construed liberally in favor of the city. The specific77
94	94		mention or failure to mention powers shall not be construed as limiting in any way the78
95	95		powers of this city.79
96	96		SECTION 1.15.80
97	97		Examples of powers.81
98	98		Reserved.82
99	99		S. B. 333
100		-	- 4 - 24 ~~SB 333/AP~~
	100	+	- 4 - 24 LC 47 2744S (SCS)
101	101		SECTION 1.16.
102	102		83
103	103		Exercise of powers.84
104	104		(a) All powers, functions, rights, privileges, and immunities of the city, its officers, agencies,85
105	105		or employees shall be carried into execution as provided by this charter. If this charter makes86
106	106		no provision, such powers, functions, rights, privileges, and immunities shall be carried into87
107	107		execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.88
108	108		(b) No amendment to this Act by the city council pursuant to the home rule powers granted89
109	109		by Chapter 35 of Title 36 of the O.C.G.A. shall be enforceable except upon ratification of90
110	110		such amendment by the registered voters of the city at a referendum held by the governing91
111	111		authority of the city and upon certification of the results of such referendum by the Secretary92
112	112		of State.93
113	113		ARTICLE II.94
114	114		GOVERNMENT STRUCTURE95
115	115		SECTION 2.10.96
116	116		City council creation; number; election.97
117	117		The governing authority of the city, except as otherwise specifically provided in this charter,98
118	118		shall be vested in a city council to be composed of five councilmembers. The99
119	119		councilmembers shall be elected in the manner provided by this charter.100
120	120		S. B. 333
121		-	- 5 - 24 ~~SB 333/AP~~
	121	+	- 5 - 24 LC 47 2744S (SCS)
122	122		SECTION 2.11.
123	123		101
124	124		City councilmembers;102
125	125		Terms and qualifications for office.103
126	126		(a) Except as otherwise provided in Article VIII of this charter for the initial terms of104
127	127		office, the members of the city council shall serve for terms of four years and until their105
128	128		respective successors are elected and qualified. The term of office of each councilmember106
129	129		shall begin on the first day of January immediately following the election of such107
130	130		councilmember unless general law authorizes or requires the term to begin at the first108
131	131		organizational meeting in January or upon some other date. No person shall be eligible to109
132	132		serve as councilmember unless that person shall have been a resident of the city for 12110
133	133		months prior to the date of the election of councilmembers; each shall continue to reside111
134	134		therein during that person's period of service and to be registered and qualified to vote in112
135	135		municipal elections of this city. No person shall serve more than two consecutive terms113
136	136		as a councilmember.114
137	137		(b) For the purposes of electing members of the city council, the city is divided into five115
138	138		districts. One councilmember residing in each district shall be elected from by the electors116
139	139		of the city residing in such district. The five numbered districts are described in Appendix117
140	140		B attached to and made a part of this Act and further identified as "User: H104 Plan Name:118
141	141		Mulberry-Dist-2024 Plan Type: Local:".119
142	142		(c)(1) For the purposes of such plan:120
143	143		(A) The term "VTD" shall mean and describe the same geographical boundaries as121
144	144		provided in the report of the Bureau of the Census for the United States decennial122
145	145		census of 2020 for the State of Georgia. The separate numeric designations in a district123
146	146		description which are underneath a VTD heading shall mean and describe individual124
147	147		Blocks within a VTD as provided in the report of the Bureau of the Census for the125
148	148		United States decennial census of 2020 for the State of Georgia; and126
149	149		S. B. 333
150		-	- 6 - 24 ~~SB 333/AP~~
	150	+	- 6 - 24 LC 47 2744S (SCS)
151	151		(B) Except as otherwise provided in the description of any district, whenever the
152	152		127
153	153		description of any district refers to a named city, it shall mean the geographical128
154	154		boundaries of that city as shown on the census maps for the United States decennial129
155	155		census of 2020 for the State of Georgia.130
156	156		(2) Any part of the City of Mulberry as described in Appendix B which is not included131
157	157		in any district described in this plan shall be included within that district contiguous to132
158	158		such part which contains the least population according to the United States decennial133
159	159		census of 2020 for the State of Georgia.134
160	160		(3) Any part of the City of Mulberry as described in Appendix B as being included in a135
161	161		particular district shall nevertheless not be included within such district if such part is not136
162	162		contiguous to such district. Such noncontiguous part shall instead be included within that137
163	163		district contiguous to such part which contains the least population according to the138
164	164		United States decennial census of 2020 for the State of Georgia.139
165	165		(4) If any area included within the descriptions of District 1, District 2, District 3,140
166	166		District 4, or District 5 is on the effective date of this Act within the municipal boundaries141
167	167		of another municipality or within a county other than Gwinnett County, such area shall142
168	168		not be included within the district descriptions of such districts.143
169	169		SECTION 2.12.144
170	170		Vacancy; filling of vacancies; suspensions.145
171	171		(a) Vacancies. The office of councilmember shall become vacant upon such person's146
172	172		failing or ceasing to reside in the city, death, resignation, forfeiture of office, or upon the147
173	173		occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such148
174	174		other applicable laws as are or may hereafter be enacted.149
175	175		(b) Filling of vacancies. A vacancy in the office of councilmember shall be filled for the150
176	176		remainder of the unexpired term, if any, by appointment by the remaining councilmembers151
177	177		S. B. 333
178		-	- 7 - 24 ~~SB 333/AP~~
	178	+	- 7 - 24 LC 47 2744S (SCS)
179	179		if less than 12 months remain in the unexpired term, otherwise by an election as provided
180	180		152
181	181		for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws153
182	182		as are or may hereafter be enacted.154
183	183		(c) Suspension. Upon the suspension from office of councilmember in any manner155
184	184		authorized by the general laws of the State of Georgia, the city council or those remaining156
185	185		shall appoint a successor for the duration of the suspension. If the suspension becomes157
186	186		permanent, then the office shall become vacant and shall be filled for the remainder of the158
187	187		unexpired term, if any, as provided for in this charter.159
188	188		SECTION 2.13.160
189	189		Compensation and expenses.161
190	190		(a) The mayor shall receive an initial salary of $9,000 per year. Each councilmember shall162
191	191		receive an initial salary of $8,000.00 per year. The councilmembers shall be paid in equal163
192	192		monthly installments from the funds of the municipality.164
193	193		(b) The councilmembers may alter such compensation for their services as provided by165
194	194		law.166
195	195		(c) The councilmembers shall be reimbursed for actual expenses necessarily incurred in167
196	196		connection with their service.168
197	197		SECTION 2.14.169
198	198		Conflicts of interest; holding other offices.170
199	199		(a) Elected and appointed officers of the city are trustees and servants of the residents of171
200	200		the city and shall act in a fiduciary capacity for the benefit of such residents.172
201	201		(b) Conflict of interest. No elected official, appointed officer, or employee of the city or173
202	202		any agency or political entity to which this charter applies shall knowingly:174
203	203		S. B. 333
204		-	- 8 - 24 ~~SB 333/AP~~
	204	+	- 8 - 24 LC 47 2744S (SCS)
205	205		(1) Engage in any business or transaction or have a financial or other personal interest,
206	206		175
207	207		direct or indirect, which is incompatible with the proper discharge of that person's official176
208	208		duties or which would tend to impair the independence of that person's judgment or177
209	209		action in the performance of that person's official duties;178
210	210		(2) Engage in or accept private employment or render services for private interests when179
211	211		such employment or service is incompatible with the proper discharge of that person's180
212	212		official duties or would tend to impair the independence of that person's judgment or181
213	213		action in the performance of that person's official duties;182
214	214		(3) Disclose confidential information, including information obtained at meetings which183
215	215		are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,184
216	216		government, or affairs of the governmental body by which that person is engaged without185
217	217		proper legal authorization or use such information to advance the financial or other186
218	218		private interest of that person or others;187
219	219		(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise,188
220	220		from any person, firm, or corporation which to that person's knowledge is interested,189
221	221		directly or indirectly, in any manner whatsoever, in business dealings with the190
222	222		governmental body by which that person is engaged; provided, however, that an elected191
223	223		official who is a candidate for public office may accept campaign contributions and192
224	224		services in connection with any such campaign;193
225	225		(5) Represent other private interests in any action or proceeding against this city or any194
226	226		portion of its government; or195
227	227		(6) Vote or otherwise participate in the negotiation or in the making of any contract with196
228	228		any business or entity in which that person has a financial interest.197
229	229		(c) Disclosure. Any elected official, appointed officer, or employee who shall have any198
230	230		financial interest, directly or indirectly, in any contract or matter pending before or within199
231	231		any department of the city shall disclose such interest to the city council. Any200
232	232		councilmember who has a financial interest in any matter pending before the city council201
233	233		S. B. 333
234		-	- 9 - 24 ~~SB 333/AP~~
	234	+	- 9 - 24 LC 47 2744S (SCS)
235	235		shall disclose such interest and such disclosure shall be entered on the records of the city
236	236		202
237	237		council, and that person shall disqualify himself or herself from participating in any203
238	238		decision or vote relating thereto. Any elected official, appointed officer, or employee of204
239	239		any agency or political entity to which this charter applies who shall have any financial205
240	240		interest, directly or indirectly, in any contract or matter pending before or within such206
241	241		entity shall disclose such interest to the governing body of such agency or entity.207
242	242		(d) Use of public property. No elected official, appointed officer, or employee of the city208
243	243		or any agency or entity to which this charter applies shall use property owned by such209
244	244		governmental entity for personal benefit, convenience, or profit except in accordance with210
245	245		policies promulgated by the city council or the governing body of such agency or entity.211
246	246		(e) Contracts voidable and rescindable. Any violation of this section which occurs with212
247	247		the knowledge, express or implied, of a party to a contract or sale shall render such contract213
248	248		or sale voidable at the option of the city council.214
249	249		(f) Ineligibility of elected official. Except where authorized by law, no councilmember215
250	250		shall hold any other elective or compensated appointive office in the city or otherwise be216
251	251		employed by said government or any agency thereof during the term for which that person217
252	252		was elected. No former councilmember shall hold any compensated appointive office in218
253	253		the city until one year after the expiration of the term for which that person was elected.219
254	254		(g) Political activities of certain officers and employees. No appointed officer and no220
255	255		employee of the city shall continue in such employment upon qualifying as a candidate for221
256	256		nomination or election to any public office. No employee of the city shall continue in such222
257	257		employment upon election to any public office in this city or any other public office which223
258	258		is inconsistent, incompatible, or in conflict with the duties of the city employee. Such224
259	259		determination shall be made by the city council either immediately upon election or at any225
260	260		time such conflict may arise.226
261	261		(h) Penalties for violation.227
262	262		S. B. 333
263		-	- 10 - 24 ~~SB 333/AP~~
	263	+	- 10 - 24 LC 47 2744S (SCS)
264	264		(1) Any city officer or employee who knowingly conceals such financial interest or
265	265		228
266	266		knowingly violates any of the requirements of this section shall be guilty of malfeasance229
267	267		in office or position and shall be deemed to have forfeited that person's office or position.230
268	268		(2) Any officer or employee of the city who shall forfeit that person's office or position231
269	269		as described in paragraph (1) of this subsection shall be ineligible for appointment or232
270	270		election to or employment in a position in the city government for a period of three years233
271	271		thereafter.234
272	272		SECTION 2.15.235
273	273		Inquiries and investigations.236
274	274		Following the adoption of an authorizing resolution, the city council may make inquiries and237
275	275		investigations into the affairs of the city and conduct of any department, office, or agency238
276	276		thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and239
277	277		require the production of evidence. Any person who fails or refuses to obey a lawful order240
278	278		issued in the exercise of these powers by the city council shall be punished as may be241
279	279		provided by ordinance.242
280	280		SECTION 2.16.243
281	281		General power and authority of the city council.244
282	282		(a) Except as otherwise provided by law or this charter, the city council shall be vested245
283	283		with all the powers of government of this city.246
284	284		(b) In addition to all other powers conferred upon it by law, the council shall have the247
285	285		authority to adopt and provide for the execution of such ordinances, resolutions, rules, and248
286	286		regulations, not inconsistent with this charter and the Constitution and the laws of the State249
287	287		of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,250
288	288		S. B. 333
289		-	- 11 - 24 ~~SB 333/AP~~
	289	+	- 11 - 24 LC 47 2744S (SCS)
290	290		protection of life and property, health, welfare, sanitation, comfort, convenience,
291	291		251
292	292		prosperity, or well-being of the inhabitants of the City of Mulberry and may enforce such252
293	293		ordinances by imposing penalties for violation thereof.253
294	294		SECTION 2.17.254
295	295		Organizational meetings.255
296	296		Unless otherwise provided by ordinance, the city council shall hold an organizational256
297	297		meeting on the first Tuesday in January of each even-numbered year. The meeting shall be257
298	298		called to order by the city clerk and the oath of office shall be administered to the newly258
299	299		elected councilmembers as follows:259
300	300		"I do solemnly (swear) (affirm) that I will faithfully perform the duties of councilmember260
301	301		of this city and that I will support and defend the charter thereof as well as the Constitution261
302	302		and laws of the State of Georgia and the United States of America."262
303	303		SECTION 2.18.263
304	304		Meetings.264
305	305		(a) The city council shall hold regular meetings at such times and places as shall be265
306	306		prescribed by ordinance.266
307	307		(b) Special meetings of the city council may be held on call of the mayor or three267
308	308		councilmembers. Notice of such special meeting shall be served on all other268
309	309		councilmembers personally, or by telephone personally, at least 48 hours in advance of the269
310	310		meeting. Such notice to councilmembers shall not be required if all councilmembers are270
311	311		present when the special meeting is called. Such notice of any special meeting may be271
312	312		waived by a councilmember in writing before or after such a meeting and attendance at the272
313	313		meeting shall also constitute a waiver of notice on any business transacted in such273
314	314		S. B. 333
315		-	- 12 - 24 ~~SB 333/AP~~
	315	+	- 12 - 24 LC 47 2744S (SCS)
316	316		councilmember's presence. Only the business stated in the call may be transacted at the
317	317		274
318	318		special meeting.275
319	319		(c) All meetings of the city council shall be public to the extent required by law, and notice276
320	320		to the public of special meetings shall be made as fully as is reasonably possible as277
321	321		provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or278
322	322		may hereafter be enacted.279
323	323		SECTION 2.19.280
324	324		Rules of procedure.281
325	325		(a) The city council shall adopt its rules of procedure and order of business consistent with282
326	326		the provisions of this charter and shall provide for keeping of a journal of its proceedings,283
327	327		which shall be a public record.284
328	328		(b) All committees and committee chairpersons and officers of the city council shall be285
329	329		appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have286
330	330		the power to appoint new members to any committee at any time.287
331	331		SECTION 2.20.288
332	332		Quorum; voting.289
333	333		Three councilmembers shall constitute a quorum and shall be authorized to transact290
334	334		business of the city council. Voting on the adoption of ordinances shall be by voice vote291
335	335		and the vote shall be recorded in the journal, but any councilmember shall have the right292
336	336		to request a roll-call vote and such vote shall be recorded in the journal. Except as293
337	337		otherwise provided in this charter, the affirmative vote of three councilmembers shall be294
338	338		required for the adoption of any ordinance, resolution, or motion. An abstention shall be295
339	339		S. B. 333
340		-	- 13 - 24 ~~SB 333/AP~~
	340	+	- 13 - 24 LC 47 2744S (SCS)
341	341		counted as an affirmative vote; provided, however, that an abstention required by
342	342		296
343	343		Section 2.14 of this charter shall not count as either an affirmative or negative vote.297
344	344		SECTION 2.21.298
345	345		Ordinance form; procedures.299
346	346		(a) Every proposed ordinance shall be introduced in writing and in the form required for300
347	347		final adoption. No ordinance shall contain a subject which is not expressed in its title. The301
348	348		enacting clause shall be "It is hereby ordained by the governing authority of the City of302
349	349		Mulberry..." and every ordinance shall so begin.303
350	350		(b) An ordinance may be introduced by any councilmember and be read at a regular or304
351	351		special meeting of the city council. Ordinances shall be considered and adopted or rejected305
352	352		by the city council in accordance with the rules which it shall establish; provided, however,306
353	353		that an ordinance shall not be adopted the same day it is introduced, except for emergency307
354	354		ordinances provided for in Section 2.23 of this charter. Upon introduction of any308
355	355		ordinance, the clerk shall as soon as possible distribute a copy to each councilmember and309
356	356		shall file a reasonable number of copies in the office of the clerk and at such other public310
357	357		places as the city council may designate.311
358	358		SECTION 2.22.312
359	359		Action requiring an ordinance.313
360	360		(a) Acts of the city council which have the force and effect of law shall be enacted by314
361	361		ordinance.315
362	362		S. B. 333
363		-	- 14 - 24 ~~SB 333/AP~~
	363	+	- 14 - 24 LC 47 2744S (SCS)
364	364		(b) In addition to any other notice or hearing provision of state law, prior to the adoption
365	365		316
366	366		of any ordinance or resolution changing any rate of taxation, amending the city's land use317
367	367		plan, or approving the issuance of a general obligation or revenue bond the city shall:318
368	368		(1) Publish notice of such proposed action for two consecutive weeks in the legal organ319
369	369		of the county;320
370	370		(2) Publish notice of such proposed action on any and all websites and social media321
371	371		accounts maintained by the city; and322
372	372		(3) Conduct two public hearings on the proposed actions.323
373	373		SECTION 2.23.324
374	374		Emergencies.325
375	375		(a) To meet a public emergency affecting life, health, property, or public peace, the city326
376	376		council may convene on call of the mayor or three councilmembers and may promptly327
377	377		adopt an emergency ordinance, but such ordinance may not levy taxes; regulate the rate328
378	378		charged by any public utility for its services; or authorize the borrowing of money except329
379	379		for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the330
380	380		form prescribed for ordinances generally, except that it shall be plainly designated as an331
381	381		emergency ordinance and shall contain, after the enacting clause, a declaration stating that332
382	382		an emergency exists and describing the emergency in clear and specific terms. An333
383	383		emergency ordinance may be adopted, with or without amendment, or rejected at the334
384	384		meeting at which it is introduced, but the affirmative vote of at least three councilmembers335
385	385		shall be required for adoption. It shall become effective upon adoption or at such later time336
386	386		as it may specify. Every emergency ordinance shall automatically stand repealed 30 days337
387	387		following the date upon which it was adopted, but this shall not prevent reenactment of the338
388	388		ordinance in the manner specified in this section if the emergency still exists. An339
389	389		S. B. 333
390		-	- 15 - 24 ~~SB 333/AP~~
	390	+	- 15 - 24 LC 47 2744S (SCS)
391	391		emergency ordinance may also be repealed by adoption of a repealing ordinance in the
392	392		340
393	393		same manner specified in this section for adoption of emergency ordinances.341
394	394		(b) Such meetings shall be open to the public to the extent required by law and notice to342
395	395		the public of emergency meetings shall be made as fully as is reasonably possible in343
396	396		accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as344
397	397		are or may hereafter be enacted.345
398	398		SECTION 2.24.346
399	399		Codes of technical regulations.347
400	400		(a) The city council may adopt any standard code of technical regulations by reference348
401	401		thereto in an adopting ordinance. The procedure and requirements governing such349
402	402		adopting ordinance shall be as prescribed for ordinances generally except that: (1) the350
403	403		requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of351
404	404		copies of the ordinance shall be construed to include copies of any code of technical352
405	405		regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of353
406	406		technical regulations, as well as the adopting ordinance, shall be authenticated and recorded354
407	407		by the clerk pursuant to Section 2.25 of this charter.355
408	408		(b) Copies of any adopted code of technical regulations shall be made available by the356
409	409		clerk for inspection by the public.357
410	410		SECTION 2.25.358
411	411		Signing; authenticating;359
412	412		recording; codification; printing.360
413	413		(a) The clerk shall authenticate by the clerk's signature and record in full in a properly361
414	414		indexed book kept for that purpose all ordinances adopted by the city council.362
415	415		S. B. 333
416		-	- 16 - 24 ~~SB 333/AP~~
	416	+	- 16 - 24 LC 47 2744S (SCS)
417	417		(b) The city council shall provide for the preparation of a general codification of all the
418	418		363
419	419		ordinances of the city having the force and effect of law. The general codification shall be364
420	420		adopted by the city council by ordinance and shall be published promptly, together with365
421	421		all amendments thereto and such codes of technical regulations and other rules and366
422	422		regulations as the city council may specify. This compilation shall be known and cited367
423	423		officially as "The Code of the City of Mulberry, Georgia." Copies of the code shall be368
424	424		furnished to all officers, departments, and agencies of the city and made available for369
425	425		purchase by the public at a reasonable price as fixed by the city council.370
426	426		(c) The city council shall cause each ordinance and each amendment to this charter to be371
427	427		printed promptly following its adoption, and the printed ordinances and charter372
428	428		amendments shall be made available for purchase by the public at reasonable prices to be373
429	429		fixed by the city council. Following publication of the first code under this charter and at374
430	430		all times thereafter, the ordinances and charter amendments shall be printed in substantially375
431	431		the same style as the code currently in effect and shall be suitable in form for incorporation376
432	432		therein. The city council shall make such further arrangements as deemed desirable with377
433	433		reproduction and distribution of any current changes in or additions to codes of technical378
434	434		regulations and other rules and regulations included in the code.379
435	435		SECTION 2.26.380
436	436		City manager; appointment; qualifications; compensation.381
437	437		Reserved.382
438	438		SECTION 2.27.383
439	439		Removal of city manager.384
440	440		Reserved.385
441	441		S. B. 333
442		-	- 17 - 24 ~~SB 333/AP~~
	442	+	- 17 - 24 LC 47 2744S (SCS)
443	443		SECTION 2.28.
444	444		386
445	445		Acting city manager.387
446	446		Reserved.388
447	447		SECTION 2.29.389
448	448		Powers and duties of the city manager.390
449	449		Reserved.391
450	450		SECTION 2.30.392
451	451		Council interference with administration.393
452	452		The city council shall act in all matters as a body, and no councilmember shall seek394
453	453		individually to influence the official acts of any officer or employee of the city, or direct or395
454	454		request the appointment of any person to, or his or her removal from, any office or position396
455	455		of employment, or to interfere in any way with the performance of the duties by city officers397
456	456		or employees.398
457	457		SECTION 2.31.399
458	458		Appointment of mayor; forfeiture.400
459	459		The mayor of the city shall be appointed from among the councilmembers by a majority vote401
460	460		of the councilmembers at the first regular meeting after the newly elected councilmembers402
461	461		have taken office following each election and the mayor shall be subject to removal and403
462	462		replacement at any time by a majority vote of the councilmembers.404
463	463		S. B. 333
464		-	- 18 - 24 ~~SB 333/AP~~
	464	+	- 18 - 24 LC 47 2744S (SCS)
465	465		SECTION 2.32.
466	466		405
467	467		Mayor pro tem.406
468	468		The city council at the first regular meeting after the newly elected councilmembers have407
469	469		taken office following each election shall elect a councilmember to serve as mayor pro tem.408
470	470		The mayor pro tem shall be elected by a majority vote of the city council. The mayor pro409
471	471		tem shall assume the duties and powers of the mayor during the mayor's physical or mental410
472	472		disability, suspension from office, or absence. Any such disability of the mayor shall be411
473	473		declared by a majority vote of the city council. The mayor pro tem shall sign all contracts412
474	474		and ordinances in which the mayor has a disqualifying financial interest as provided in413
475	475		Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall be entitled to414
476	476		vote as a member of the council.415
477	477		SECTION 2.33.416
478	478		Powers and duties of mayor.417
479	479		The mayor shall:418
480	480		(1) Preside at all meetings of the city council;419
481	481		(2) Be the head of the city for the purpose of service of process and for ceremonial420
482	482		purposes, and be the official spokesperson for the city and the chief advocate of policy;421
483	483		(3) Have the power to administer oaths and to take affidavits;422
484	484		(4) Sign as a matter of course on behalf of the city all written and approved contracts,423
485	485		ordinances, resolutions, and other instruments executed by the city which by law are424
486	486		required to be in writing;425
487	487		(5) Vote on matters before the city council; and426
488	488		(6) Prepare and submit to the city council a recommended annual operating budget and427
489	489		recommended capital budget.428
490	490		S. B. 333
491		-	- 19 - 24 ~~SB 333/AP~~
	491	+	- 19 - 24 LC 47 2744S (SCS)
492	492		ARTICLE III.
493	493		429
494	494		ADMINISTRATIVE AFFAIRS430
495	495		SECTION 3.10.431
496	496		Administrative and service departments.432
497	497		(a) Except as otherwise provided in this charter, the city council by ordinance shall433
498	498		prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant434
499	499		all nonelective offices, positions of employment, departments, and agencies of the city as435
500	500		necessary for the proper administration of the affairs and government of this city.436
501	501		(b) Except as otherwise provided by this charter or by law, the directors of departments437
502	502		and other appointed officers of the city shall be appointed solely on the basis of their438
503	503		respective administrative and professional qualifications.439
504	504		(c) All appointed officers and directors of departments shall receive such compensation440
505	505		as prescribed by ordinance.441
506	506		(d) There shall be a director of each department or agency who shall be its principal442
507	507		officer. Each director shall, subject to the direction and supervision of the city council, be443
508	508		responsible for the administration and direction of the affairs and operations of that444
509	509		director's department or agency.445
510	510		(e) All appointed officers and directors shall be employees at will and subject to removal446
511	511		or suspension at any time by the city council otherwise provided by law or ordinance447
512	512		S. B. 333
513		-	- 20 - 24 ~~SB 333/AP~~
	513	+	- 20 - 24 LC 47 2744S (SCS)
514	514		SECTION 3.11.
515	515		448
516	516		Boards, commissions, and authorities.449
517	517		(a) The city council shall create by ordinance such boards, commissions, and authorities450
518	518		to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council451
519	519		deems necessary and shall by ordinance establish the composition, period of existence,452
520	520		duties, and powers thereof.453
521	521		(b) All members of boards, commissions, and authorities of the city shall be appointed by454
522	522		the city council for such terms of office and in such manner as shall be provided by455
523	523		ordinance, except where other appointing authority, terms of office, or manner of456
524	524		appointment is prescribed by this charter or by law.457
525	525		(c) The city council by ordinance may provide for the compensation and reimbursement458
526	526		for actual and necessary expenses of the members of any board, commission, or authority.459
527	527		(d) Except as otherwise provided by charter or by law, no member of any board,460
528	528		commission, or authority shall hold any elective office in the city.461
529	529		(e) Any vacancy on a board, commission, or authority of the city shall be filled for the462
530	530		unexpired term in the manner prescribed in this charter for original appointment, except as463
531	531		otherwise provided by this charter or by law.464
532	532		(f) No member of a board, commission, or authority shall assume office until that person465
533	533		has executed and filed with the clerk of the city an oath obligating that person to perform466
534	534		faithfully and impartially the duties of that person's office; such oath shall be prescribed467
535	535		by ordinance and administered by the mayor.468
536	536		(g) All members of boards, commissions, or authorities of the city serve at will and may469
537	537		be removed at any time by the city council unless otherwise provided by law.470
538	538		(h) Except as otherwise provided by this charter or by law, each board, commission, or471
539	539		authority of the city shall elect one of its members as chairperson and one member as vice472
540	540		chairperson and may elect as its secretary one of its own members or may appoint as473
541	541		S. B. 333
542		-	- 21 - 24 ~~SB 333/AP~~
	542	+	- 21 - 24 LC 47 2744S (SCS)
543	543		secretary an employee of the city. Each board, commission, or authority of the city
544	544		474
545	545		government may establish such bylaws, rules, and regulations, not inconsistent with this475
546	546		charter, ordinances of the city, or law, as it deems appropriate and necessary for the476
547	547		fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and477
548	548		regulations shall be filed with the clerk of the city.478
549	549		SECTION 3.12.479
550	550		City attorney.480
551	551		The city council shall appoint a city attorney, together with such assistant city attorneys as481
552	552		may be authorized, and shall provide for the payment of such attorney or attorneys for482
553	553		services rendered to the city. The city attorney shall be responsible for providing for the483
554	554		representation and defense of the city in all litigation in which the city is a party; may be the484
555	555		prosecuting officer in the municipal court; shall attend the meetings of the city council as485
556	556		directed; shall advise the city council and other officers and employees of the city concerning486
557	557		legal aspects of the city's affairs; and shall perform such other duties as may be required by487
558	558		virtue of such person's position as city attorney.488
559	559		SECTION 3.13.489
560	560		City clerk.490
561	561		The city council shall appoint a city clerk who shall not be a councilmember. The city clerk491
562	562		shall be custodian of the official city seal and city records; maintain city council records492
563	563		required by this charter; and perform such other duties as may be required by the city493
564	564		council.494
565	565		S. B. 333
566		-	- 22 - 24 ~~SB 333/AP~~
	566	+	- 22 - 24 LC 47 2744S (SCS)
567	567		SECTION 3.14.
568	568		495
569	569		Position classification and pay plans.496
570	570		The mayor shall be responsible for the preparation of a position classification and pay plan497
571	571		which shall be submitted to the city council for approval. Such plan may apply to all498
572	572		employees of the city and any of its agencies, departments, boards, commissions, or499
573	573		authorities. When a pay plan has been adopted, the city council shall not increase or decrease500
574	574		the salary range applicable to any position except by amendment of such pay plan. For501
575	575		purposes of this section, all elected and appointed city officials are not city employees.502
576	576		SECTION 3.15.503
577	577		Personnel policies.504
578	578		(a) All employees serve at will and may be removed from office at any time unless505
579	579		otherwise provided by ordinance.506
580	580		(b) No person who has an immediate family member sitting on the city council shall be507
581	581		eligible for employment by the city or for appointment to any board or authority of the city.508
582	582		As used in this paragraph, the term "immediate family member" means a spouse, child,509
583	583		sibling, or parent or the spouse of a child, sibling, or parent.510
584	584		ARTICLE IV.511
585	585		JUDICIAL BRANCH512
586	586		SECTION 4.10.513
587	587		Creation; name.514
588	588		There shall be a court to be known as the Municipal Court of the City of Mulberry.515
589	589		S. B. 333
590		-	- 23 - 24 ~~SB 333/AP~~
	590	+	- 23 - 24 LC 47 2744S (SCS)
591	591		SECTION 4.11.
592	592		516
593	593		Chief judge; associate judge.517
594	594		(a) The municipal court shall be presided over by a chief judge and such part-time,518
595	595		full-time, or stand-by judges as shall be provided by ordinance.519
596	596		(b) No person shall be qualified or eligible to serve as a judge on the municipal court520
597	597		unless that person shall have attained the age of 21 years and shall be a member of the State521
598	598		Bar of Georgia and shall possess all qualifications required by law. All judges shall be522
599	599		appointed by the city council and shall serve a term as provided by law and until a523
600	600		successor is appointed and qualified.524
601	601		(c) Compensation of the judges shall be fixed by ordinance.525
602	602		(d) Judges may be removed from office as provided by law.526
603	603		(e) Before assuming office, each judge shall take an oath, given by the mayor, that such527
604	604		judge will honestly and faithfully discharge the duties of the judge's office to the best of528
605	605		the judge's ability and without fear, favor, or partiality. The oath shall be entered upon the529
606	606		minutes of the city council journal required in Section 2.19 of this charter.530
607	607		SECTION 4.12.531
608	608		Convening.532
609	609		The municipal court shall be convened at regular intervals as provided by ordinance.533
610	610		SECTION 4.13.534
611	611		Jurisdiction; powers.535
612	612		(a) The municipal court shall try and punish violations of this charter and city ordinances.536
613	613		S. B. 333
614		-	- 24 - 24 ~~SB 333/AP~~
	614	+	- 24 - 24 LC 47 2744S (SCS)
615	615		(b) The municipal court shall have authority to punish those in its presence for contempt,
616	616		537
617	617		provided that such punishment shall not exceed $200.00 or ten days in jail.538
618	618		(c) The municipal court may fix punishment for offenses within its jurisdiction not539
619	619		exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and540
620	620		imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as541
621	621		now or hereafter provided by law.542
622	622		(d) The municipal court shall have authority to establish a schedule of fees to defray the543
623	623		cost of operation and shall be entitled to reimbursement of the cost of meals, transportation,544
624	624		and caretaking of prisoners bound over to superior courts for violations of state law.545
625	625		(e) The municipal court shall have authority to establish bail and recognizances to ensure546
626	626		the presence of those charged with violations before such court and shall have discretionary547
627	627		authority to accept cash or personal or real property as surety for the appearance of persons548
628	628		charged with violations. Whenever any person shall give bail for that person's appearance549
629	629		and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited by550
630	630		the judge presiding at such time and an execution issued thereon by serving the defendant551
631	631		and the defendant's sureties with a rule nisi at least two days before a hearing on the rule552
632	632		nisi. In the event that cash or property is accepted in lieu of bond for security for the553
633	633		appearance of a defendant at trial, and if such defendant fails to appear at the time and554
634	634		place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited555
635	635		to the city, or the property so deposited shall have a lien against it for the value forfeited556
636	636		which lien shall be enforceable in the same manner and to the same extent as a lien for city557
637	637		property taxes.558
638	638		(f) The municipal court shall have the same authority as superior courts to compel the559
639	639		production of evidence in the possession of any party; to enforce obedience to its orders,560
640	640		judgments, and sentences; and to administer such oaths as are necessary.561
641	641		S. B. 333
642		-	- 25 - 24 ~~SB 333/AP~~
	642	+	- 25 - 24 LC 47 2744S (SCS)
643	643		(g) The municipal court may compel the presence of all parties necessary to a proper
644	644		562
645	645		disposal of each case by the issuance of summonses, subpoenas, and warrants which may563
646	646		be served as executed by any officer as authorized by this charter or by law.564
647	647		(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest565
648	648		of persons charged with offenses against any ordinance of the city, and each judge of the566
649	649		municipal court shall have the same authority as a magistrate of the state to issue warrants567
650	650		for offenses against state laws committed within the city.568
651	651		SECTION 4.14.569
652	652		Certiorari.570
653	653		The right of certiorari from the decision and judgment of the municipal court shall exist in571
654	654		all criminal cases and ordinance violation cases, and such certiorari shall be obtained under572
655	655		the sanction of a judge of the Superior Court of Gwinnett County under the laws of the State573
656	656		of Georgia regulating the granting and issuance of writs of certiorari.574
657	657		SECTION 4.15.575
658	658		Rules for court.576
659	659		With the approval of the city council, the judge shall have full power and authority to make577
660	660		reasonable rules and regulations necessary and proper to secure the efficient and successful578
661	661		administration of the municipal court; provided, however, that the city council may adopt in579
662	662		part or in toto the rules and regulations applicable to municipal courts. The rules and580
663	663		regulations made or adopted shall be filed with the city clerk, shall be available for public581
664	664		inspection, and, upon request, a copy shall be furnished to all defendants in municipal court582
665	665		proceedings at least 48 hours prior to such proceedings.583
666	666		S. B. 333
667		-	- 26 - 24 ~~SB 333/AP~~
	667	+	- 26 - 24 LC 47 2744S (SCS)
668	668		ARTICLE V.
669	669		584
670	670		ELECTIONS AND REMOVAL585
671	671		SECTION 5.10.586
672	672		Applicability of general law.587
673	673		All primaries and elections shall be held and conducted in accordance with Chapter 2 of588
674	674		Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended.589
675	675		SECTION 5.11.590
676	676		Regular elections; time for holding.591
677	677		Except as otherwise provided in Article VIII of this charter for the initial elections, there592
678	678		shall be a municipal general election every four years in odd-numbered years on the Tuesday593
679	679		next following the first Monday in November. There shall be elected five councilmembers594
680	680		at each election so that a continuing body is created.595
681	681		SECTION 5.12.596
682	682		Nonpartisan elections.597
683	683		Political parties shall not conduct primaries for city offices and all names of candidates for598
684	684		city offices shall be listed without party labels.599
685	685		SECTION 5.13.600
686	686		Election by majority.601
687	687		The candidate receiving a majority of the votes cast for any city office shall be elected.602
688	688		S. B. 333
689		-	- 27 - 24 ~~SB 333/AP~~
	689	+	- 27 - 24 LC 47 2744S (SCS)
690	690		SECTION 5.14.
691	691		603
692	692		Special elections; vacancies.604
693	693		In the event that the office of councilmember shall become vacant as provided in605
694	694		Section 2.12 of this charter, the city council or those councilmembers remaining shall order606
695	695		a special election to fill the balance of the unexpired term of such official; provided,607
696	696		however, that, if such vacancy occurs within 12 months of the expiration of the term of that608
697	697		office, the city council or those members remaining shall appoint a successor for the609
698	698		remainder of the term. In all other respects, the special election shall be held and conducted610
699	699		in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as611
700	700		now or hereafter amended.612
701	701		SECTION 5.15.613
702	702		Other provisions.614
703	703		Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe615
704	704		such rules and regulations as it deems appropriate to fulfill any options and duties under616
705	705		Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code."617
706	706		SECTION 5.16.618
707	707		Removal of officers.619
708	708		(a) A councilmember or other appointed officers provided for in this charter shall be620
709	709		removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A.621
710	710		or such other applicable laws as are or may hereafter be enacted.622
711	711		(b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished623
712	712		by one of the following methods:624
713	713		S. B. 333
714		-	- 28 - 24 ~~SB 333/AP~~
	714	+	- 28 - 24 LC 47 2744S (SCS)
715	715		(1) Following a hearing at which an impartial panel shall render a decision. In the event
716	716		625
717	717		an elected officer is sought to be removed by the action of the city council, such officer626
718	718		shall be entitled to a written notice specifying the ground or grounds for removal and to627
719	719		a public hearing which shall be held not less than ten days after the service of such628
720	720		written notice. The city council shall provide by ordinance for the manner in which such629
721	721		hearings shall be held. Any elected officer sought to be removed from office as provided630
722	722		in this section shall have the right of appeal from the decision of the city council to the631
723	723		Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as632
724	724		govern appeals to the superior court from the probate court; or633
725	725		(2) By an order of the Superior Court of Gwinnett County following a hearing on a634
726	726		complaint seeking such removal brought by any resident of the City of Mulberry.635
727	727		ARTICLE VI.636
728	728		FINANCE637
729	729		SECTION 6.10.638
730	730		Property tax.639
731	731		The city council shall not assess, levy, or collect any ad valorem taxes on any real or personal640
732	732		property within the corporate limits of the city.641
733	733		SECTION 6.11.642
734	734		Millage rate and due dates.643
735	735		The city council shall not establish a millage rate in excess of 0 mills.644
736	736		S. B. 333
737		-	- 29 - 24 ~~SB 333/AP~~
	737	+	- 29 - 24 LC 47 2744S (SCS)
738	738		SECTION 6.12.
739	739		645
740	740		Occupation and business taxes.646
741	741		The city council by ordinance shall have the power to levy such occupation or business taxes647
742	742		as are not denied by law. The city council may classify businesses, occupations, or648
743	743		professions for the purpose of such taxation in any way which may be lawful and may649
744	744		compel the payment of such taxes as provided in Section 6.18 of this charter.650
745	745		SECTION 6.13.651
746	746		Licenses; permits; fees.652
747	747		The city council by ordinance shall have the power to require businesses or practitioners653
748	748		doing business in this city to obtain a permit for such activity from the city and pay a654
749	749		regulatory fee for such permit as provided by general law. Such fees shall reflect the total655
750	750		cost to the city of regulating the activity and, if unpaid, shall be collected as provided in656
751	751		Section 6.18 of this charter.657
752	752		SECTION 6.14.658
753	753		Franchises.659
754	754		Reserved.660
755	755		SECTION 6.15.661
756	756		Service charges.662
757	757		Reserved.663
758	758		S. B. 333
759		-	- 30 - 24 ~~SB 333/AP~~
	759	+	- 30 - 24 LC 47 2744S (SCS)
760	760		SECTION 6.16.
761	761		664
762	762		Special assessments.665
763	763		The city council by ordinance shall have the power to assess and collect the cost of666
764	764		constructing, reconstructing, widening, or improving any public way, street, sidewalk,667
765	765		curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property668
766	766		owners. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter.669
767	767		SECTION 6.17.670
768	768		Construction; other taxes.671
769	769		Reserved.672
770	770		SECTION 6.18.673
771	771		Collection of delinquent taxes and fees.674
772	772		The city council by ordinance may provide generally for the collection of delinquent taxes,675
773	773		fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by676
774	774		whatever reasonable means as are not precluded by law. This shall include providing for the677
775	775		dates when the taxes or fees are due; late penalties or interest; issuance and execution of678
776	776		fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the679
777	777		persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any680
778	778		city taxes or fees; and providing for the assignment or transfer of tax executions.681
779	779		S. B. 333
780		-	- 31 - 24 ~~SB 333/AP~~
	780	+	- 31 - 24 LC 47 2744S (SCS)
781	781		SECTION 6.19.
782	782		682
783	783		General obligation bonds.683
784	784		The city council shall have the power to issue bonds for the purpose of raising revenue to684
785	785		carry out any project, program, or venture authorized under this charter or the laws of the685
786	786		state. Such bonding authority shall be exercised in accordance with the laws governing bond686
787	787		issuance by municipalities in effect at the time said issue is undertaken.687
788	788		SECTION 6.20.688
789	789		Revenue bonds.689
790	790		Revenue bonds may be issued by the city council as state law now or hereafter provides.690
791	791		Such bonds are to be paid out of any revenue produced by the project, program, or venture691
792	792		for which they were issued.692
793	793		SECTION 6.21.693
794	794		Short-term loans.694
795	795		The city may obtain short-term loans and must repay such loans not later than December 31695
796	796		of each year, unless otherwise provided by law.696
797	797		SECTION 6.22.697
798	798		Lease-purchase contracts.698
799	799		The city may enter into multiyear lease, purchase, or lease-purchase contracts for the699
800	800		acquisition of goods, materials, real and personal property, services, and supplies, provided700
801	801		the contract terminates without further obligation on the part of the municipality at the close701
802	802		S. B. 333
803		-	- 32 - 24 ~~SB 333/AP~~
	803	+	- 32 - 24 LC 47 2744S (SCS)
804	804		of the calendar year in which it was executed and at the close of each succeeding calendar
805	805		702
806	806		year for which it may be renewed. Contracts must be executed in accordance with the703
807	807		requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are704
808	808		or may hereafter be enacted.705
809	809		SECTION 6.23.706
810	810		Fiscal year.707
811	811		The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the708
812	812		budget year and the year for financial accounting and reporting of each and every office,709
813	813		department, agency, and activity of the city government.710
814	814		SECTION 6.24.711
815	815		Budget ordinance.712
816	816		The city council shall provide an ordinance on the procedures and requirements for the713
817	817		preparation and execution of an annual operating budget, a capital improvement plan, and714
818	818		a capital budget, including requirements as to the scope, content, and form of such budgets715
819	819		and plans. The city council shall also comply with the budgeting and auditing provisions of716
820	820		Chapter 81 of Title 36 of the O.C.G.A.717
821	821		SECTION 6.25.718
822	822		Operating budget.719
823	823		On or before a date fixed by the city council but not later than 60 days prior to the beginning720
824	824		of each fiscal year, the mayor shall submit to the city council a proposed operating budget721
825	825		for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor722
826	826		S. B. 333
827		-	- 33 - 24 ~~SB 333/AP~~
	827	+	- 33 - 24 LC 47 2744S (SCS)
828	828		containing a statement of the general fiscal policies of the city, the important features of the
829	829		723
830	830		budget, explanations of major changes recommended for the next fiscal year, a general724
831	831		summary of the budget, and other pertinent comments and information. The operating725
832	832		budget and the capital budget provided for in Section 6.29 of this charter, the budget726
833	833		message, and all supporting documents shall be filed in the office of the city clerk and shall727
834	834		be open to public inspection.728
835	835		SECTION 6.26.729
836	836		Action by city council on budget.730
837	837		(a) The councilmembers may amend the operating budget proposed by the mayor, except731
838	838		that the budget as finally amended and adopted must provide for all expenditures required732
839	839		by state law or by other provisions of this charter and for all debt service requirements for733
840	840		the ensuing fiscal year. The total appropriations from any fund shall not exceed the734
841	841		estimated fund balance, reserves, and revenues.735
842	842		(b) The city council by ordinance shall adopt the final operating budget for the ensuing736
843	843		fiscal year not later than 15 days prior to the end of the current fiscal year. If the city737
844	844		council fails to adopt the budget by said date, the amounts appropriated for operation for738
845	845		the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a739
846	846		month-to-month basis, with all items prorated accordingly, until such time as the city740
847	847		council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the741
848	848		form of an appropriations ordinance setting out the estimated revenues in detail by sources742
849	849		and making appropriations according to fund and by organizational unit, purpose, or743
850	850		activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of744
851	851		this charter.745
852	852		(c) The amount set out in the adopted operating budget for each organizational unit shall746
853	853		constitute the annual appropriation for such, and no expenditure shall be made or747
854	854		S. B. 333
855		-	- 34 - 24 ~~SB 333/AP~~
	855	+	- 34 - 24 LC 47 2744S (SCS)
856	856		encumbrance created in excess of the otherwise unencumbered balance of the
857	857		748
858	858		appropriations or allotment thereof to which it is chargeable.749
859	859		SECTION 6.27.750
860	860		Levy of taxes.751
861	861		The city council shall levy by ordinance such taxes as are necessary and consistent with this752
862	862		Act. The taxes and tax rates set by such ordinance shall be such that reasonable estimates753
863	863		of revenues from such levy shall at least be sufficient, together with other anticipated754
864	864		revenues, fund balances, and applicable reserves, to equal the total amount appropriated for755
865	865		each of the several funds set forth in the annual operating budget for defraying the expenses756
866	866		of the general government of this city.757
867	867		SECTION 6.28.758
868	868		Changes in appropriations.759
869	869		The city council by ordinance may make changes in the appropriations contained in the760
870	870		current operating budget at any regular meeting or special or emergency meeting called for761
871	871		such purpose, but any additional appropriations may be made only from an existing762
872	872		unexpended surplus.763
873	873		SECTION 6.29.764
874	874		Capital improvements.765
875	875		(a) On or before the date fixed by the city council, but not later than 60 days prior to the766
876	876		beginning of each fiscal year, the mayor shall submit to the city council a proposed capital767
877	877		improvements plan with a recommended capital budget containing the means of financing768
878	878		S. B. 333
879		-	- 35 - 24 ~~SB 333/AP~~
	879	+	- 35 - 24 LC 47 2744S (SCS)
880	880		the improvements proposed for the ensuing fiscal year. The city council shall have power
881	881		769
882	882		to accept, with or without amendments, or reject the proposed plan and budget. The city770
883	883		council shall not authorize an expenditure for the construction of any building, structure,771
884	884		work, or improvement unless the appropriations for such project are included in the capital772
885	885		budget, except to meet a public emergency as provided in Section 2.23 of this charter.773
886	886		(b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal774
887	887		year not later than December 15 of each year. No appropriation provided for in a prior775
888	888		capital budget shall lapse until the purpose for which the appropriation was made shall776
889	889		have been accomplished or abandoned; provided, however, that the mayor may submit777
890	890		amendments to the capital budget at any time during the fiscal year, accompanied by778
891	891		recommendations. Any such amendments to the capital budget shall become effective only779
892	892		upon adoption by ordinance.780
893	893		SECTION 6.30.781
894	894		Audits.782
895	895		There shall be an annual independent audit of all city accounts, funds, and financial783
896	896		transactions by a certified public accountant selected by the city council. The audit shall be784
897	897		conducted according to generally accepted auditing principles. Any audit of any funds by785
898	898		the state or federal governments may be accepted as satisfying the requirements of this786
899	899		charter. Copies of annual audit reports shall be available at printing costs to the public.787
900	900		SECTION 6.31.788
901	901		Procurement and property management.789
902	902		No contract with the city shall be binding on the city unless:790
903	903		(1) It is in writing;791
904	904		S. B. 333
905		-	- 36 - 24 ~~SB 333/AP~~
	905	+	- 36 - 24 LC 47 2744S (SCS)
906	906		(2) It is drawn by or submitted and reviewed by the city attorney and, as a matter of
907	907		792
908	908		course, is signed by the city attorney to indicate such drafting or review; and793
909	909		(3) It is made or authorized by the city council and such approval is entered in the city794
910	910		council journal of proceedings pursuant to Section 2.19 of this charter.795
911	911		SECTION 6.32.796
912	912		Purchasing.797
913	913		The city council shall by ordinance prescribe procedures for a system of centralized798
914	914		purchasing for the city.799
915	915		SECTION 6.33.800
916	916		Sale and lease of property.801
917	917		(a) The city council may sell and convey or lease any real or personal property owned or802
918	918		held by the city for governmental or other purposes as now or hereafter provided by law.803
919	919		(b) The city council may quitclaim any rights it may have in property not needed for public804
920	920		purposes upon report by the mayor and adoption of a resolution, both finding that the805
921	921		property is not needed for public or other purposes and that the interest of the city has no806
922	922		readily ascertainable monetary value.807
923	923		(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place808
924	924		of the city a small parcel or tract of land is cut off or separated by such work from a larger809
925	925		tract or boundary of land owned by the city, the city council may authorize the mayor to810
926	926		sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining811
927	927		property owner or owners where such sale and conveyance facilitates the highest and best812
928	928		use of the abutting owner's property. Included in the sales contract shall be a provision for813
929	929		the rights of way of said street, avenue, alley, or public place. Each abutting property814
930	930		S. B. 333
931		-	- 37 - 24 ~~SB 333/AP~~
	931	+	- 37 - 24 LC 47 2744S (SCS)
932	932		owner shall be notified of the availability of the property and given the opportunity to
933	933		815
934	934		purchase said property under such terms and conditions as set out by ordinance. All deeds816
935	935		and conveyances heretofore and hereafter so executed and delivered shall convey all title817
936	936		and interest the city has in such property, notwithstanding the fact that no public sale after818
937	937		advertisement was or is hereafter made.819
938	938		SECTION 6.34.820
939	939		Apportionment of revenue.821
940	940		Except as otherwise agreed pursuant to Chapter 70 of Title 36 of the O.C.G.A., the city is822
941	941		authorized to pay all revenues collected by Gwinnett County on behalf of the city to the823
942	942		county in exchange for continuation of services during the transition period provided in824
943	943		Section 8.11 of this charter and beyond, with the exception of fines collected in municipal825
944	944		court.826
945	945		ARTICLE VII.827
946	946		GENERAL PROVISIONS828
947	947		SECTION 7.10.829
948	948		Bonds for officials.830
949	949		The officers and employees of this city, both elected and appointed, shall execute such surety831
950	950		or fidelity bonds in such amounts and upon such terms and conditions as the city council832
951	951		shall from time to time require by ordinance or as may be provided by law.833
952	952		S. B. 333
953		-	- 38 - 24 ~~SB 333/AP~~
	953	+	- 38 - 24 LC 47 2744S (SCS)
954	954		SECTION 7.11.
955	955		834
956	956		Construction and definitions.835
957	957		(a) Section captions in this charter are informative only and are not to be considered as a836
958	958		part thereof.837
959	959		(b) The word "shall" is mandatory and the word "may" is permissive.838
960	960		(c) The singular shall include the plural, the masculine shall include the feminine, and vice839
961	961		versa.840
962	962		ARTICLE VIII.841
963	963		REFERENDUM AND INITIAL ELECTIONS842
964	964		SECTION 8.10.843
965	965		Referendum and initial election.844
966	966		(a) The election superintendent of Gwinnett County shall call a special election for the845
967	967		purpose of submitting this Act to the qualified voters of the proposed City of Mulberry for846
968	968		approval or rejection. The superintendent shall set the date of such election concurrent847
969	969		with the general primary election in 2024. The superintendent shall issue the call for such848
970	970		election at least 30 days prior to the date thereof. The superintendent shall cause the date849
971	971		and purpose of the election to be published once a week for two weeks immediately850
972	972		preceding the date thereof in the official organ of Gwinnett County. The ballot shall have851
973	973		written or printed thereon the words:852
974	974		"( ) YES853
975	975		( ) NO854
976	976		Shall the Act incorporating the City of Mulberry in Gwinnett County
977	977		according to the charter contained in the Act be approved?"
978	978		All persons desiring to vote for approval of the Act shall vote "Yes," and those persons
979	979		855
980	980		desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes856
981	981		S. B. 333
982		-	- 39 - 24 ~~SB 333/AP~~
	982	+	- 39 - 24 LC 47 2744S (SCS)
983	983		cast on such question are for approval of the Act, it shall become of full force and effect
984	984		857
985	985		as provided in Section 8.11 of this charter, otherwise it shall be void and of no force and858
986	986		effect.859
987	987		The initial expense of such election shall be borne by Gwinnett County. Within two years860
988	988		after the elections if the incorporation is approved, the City of Mulberry shall reimburse861
989	989		Gwinnett County for the actual cost of printing and personnel services for such election and862
990	990		for the initial election of the councilmembers pursuant to this charter. It shall be the863
991	991		election superintendent's duty to certify the result thereof to the Secretary of State. The864
992	992		provisions of this section shall be mandatory upon the election superintendent and are not865
993	993		intended as directory. If the election superintendent fails or refuses to comply with this866
994	994		section, any elector of Gwinnett County may apply for a writ of mandamus to compel the867
995	995		election superintendent to perform his or her duties under this section. If the court finds868
996	996		that the election superintendent has not complied with this section, the court shall fashion869
997	997		appropriate relief requiring the election superintendent to call and conduct such election870
998	998		on the date required by this section or on the next date authorized for special elections871
999	999		provided for in Code Section 21-2-540 of the O.C.G.A.872
1000	1000		(b) For the purposes of the referendum election provided for in subsection (a) of this873
1001	1001		section and for the purposes of the special election of the City of Mulberry to be held on874
1002	1002		the Tuesday after the first Monday in November, 2024, the qualified electors of the City875
1003	1003		of Mulberry shall be those qualified electors of Gwinnett County residing within the876
1004	1004		corporate limits of the City of Mulberry as described by Appendix A of this charter. At877
1005	1005		subsequent municipal elections, the qualified electors of the City of Mulberry shall be878
1006	1006		determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A. known as the879
1007	1007		"Georgia Election Code." For the purpose of electing the initial councilmembers at the880
1008	1008		special election of the City of Mulberry to be held on the Tuesday after the first Monday881
1009	1009		in November, 2024, a person shall be eligible to serve as a councilmember if that person882
1010	1010		S. B. 333
1011		-	- 40 - 24 ~~SB 333/AP~~
	1011	+	- 40 - 24 LC 47 2744S (SCS)
1012	1012		has been a resident of the area described in Appendix A for 12 months prior to the date of
1013	1013		883
1014	1014		such election.884
1015	1015		(c) Only for the purposes of holding and conducting the referendum election provided for885
1016	1016		in subsection (a) of this section and holding the special election of the City of Mulberry to886
1017	1017		be held on the Tuesday after the first Monday in November, 2024, the election887
1018	1018		superintendent of Gwinnett County is vested with the powers and duties of the election888
1019	1019		superintendent of the City of Mulberry and the powers and duties of the governing889
1020	1020		authority of the City of Mulberry.890
1021	1021		SECTION 8.11.891
1022	1022		Effective dates and transition.892
1023	1023		(a) The provisions of this Act necessary for the referendum election provided for in893
1024	1024		Section 8.10 of this charter shall become effective immediately upon this Act's approval894
1025	1025		by the Governor or upon its becoming law without such approval.895
1026	1026		(b) Those provisions of this Act necessary for the special election provided for in896
1027	1027		Section 8.13 of this charter shall be effective upon the certification of the results of the897
1028	1028		referendum election provided for by Section 8.10 of this charter if this Act is approved at898
1029	1029		such referendum election.899
1030	1030		(c) Except as provided in Section 8.10 of this charter, the remaining provisions of this Act900
1031	1031		shall become of full force and effect for all purposes at 12:00 Midnight on January 1, 2025,901
1032	1032		except that the initial councilmembers shall take office immediately following their902
1033	1033		election and the certification thereof and by action of a quorum may prior to 12:00903
1034	1034		Midnight on January 1, 2025, meet and take actions binding on the city.904
1035	1035		(d) A period of time will be needed for an orderly transition of various government905
1036	1036		functions from Gwinnett County to the City of Mulberry. Accordingly there shall be a906
1037	1037		transition period beginning on the date the initial councilmembers take office under this907
1038	1038		S. B. 333
1039		-	- 41 - 24 ~~SB 333/AP~~
	1039	+	- 41 - 24 LC 47 2744S (SCS)
1040	1040		charter, and ending at 12:00 Midnight on December 31, 2026. During such transition
1041	1041		908
1042	1042		period, all provisions of this charter shall be effective as law, but not all provisions of this909
1043	1043		charter shall be implemented.910
1044	1044		(e) During such transition period, Gwinnett County shall continue to provide within the911
1045	1045		territorial limits of the city all government services and functions which Gwinnett County912
1046	1046		provided in that area during the years 2023 and 2024 and at the same actual cost, except913
1047	1047		to the extent otherwise provided in this section and except that the governing authority of914
1048	1048		Gwinnett County shall make no modifications to the zoning of any property located within915
1049	1049		the city during such transition period; provided, however, that upon at least 60 days' prior916
1050	1050		written notice to Gwinnett County by the City of Mulberry, responsibility for any such917
1051	1051		service or function shall be transferred to the City of Mulberry. During the transition918
1052	1052		period, the city shall remain within the Gwinnett County special services district, but shall919
1053	1053		be removed from such district at the conclusion of such period. Beginning920
1054	1054		December 1, 2025, the City of Mulberry shall collect taxes, fees, assessments, fines and921
1055	1055		forfeitures, and other moneys within the territorial limits of the city in the same manner as922
1056	1056		authorized immediately prior to the effective date of this section; provided, however, that923
1057	1057		upon at least 60 days' prior written notice to Gwinnett County by the City of Mulberry, the924
1058	1058		authority to collect any tax, fee, assessment, fine or forfeiture, or other moneys shall remain925
1059	1059		with Gwinnett County after December 1, 2025, until such time as Gwinnett County926
1060	1060		receives subsequent notice from the City of Mulberry that such authority shall be927
1061	1061		transferred to the City of Mulberry.928
1062	1062		(f) During the transition period, the governing authority of the City of Mulberry:929
1063	1063		(1) Shall hold regular meetings and may hold special meetings as provided in this930
1064	1064		charter;931
1065	1065		(2) May enact ordinances and resolutions as provided in this charter;932
1066	1066		(3) May amend this charter by home rule action as provided by general law;933
1067	1067		(4) May accept gifts and grants;934
1068	1068		S. B. 333
1069		-	- 42 - 24 ~~SB 333/AP~~
	1069	+	- 42 - 24 LC 47 2744S (SCS)
1070	1070		(5) May borrow money and incur indebtedness to the extent authorized by this charter
1071	1071		935
1072	1072		and general law;936
1073	1073		(6) Reserved;937
1074	1074		(7) May establish a fiscal year and budget;938
1075	1075		(8) May create, alter, or abolish departments, boards, offices, commissions, and agencies939
1076	1076		of the city; appoint and remove officers and employees; and exercise all necessary or940
1077	1077		appropriate personnel and management functions; and941
1078	1078		(9) May generally exercise any power granted by this charter or general law, except to942
1079	1079		the extent that a power is specifically and integrally related to the provision of a943
1080	1080		governmental service, function, or responsibility not yet provided or carried out by the944
1081	1081		city.945
1082	1082		(g) Except as otherwise provided in this section, during the transition period, the946
1083	1083		Municipal Court of the City of Mulberry shall not exercise its jurisdiction. During the947
1084	1084		transition period, all ordinances of Gwinnett County shall remain applicable within the948
1085	1085		territorial limits of the city and the appropriate court or courts of Gwinnett County shall949
1086	1086		retain jurisdiction to enforce such ordinances. However, by mutual agreement and950
1087	1087		concurrent resolutions and ordinances if needed Gwinnett County and the City of Mulberry951
1088	1088		may during the transition period transfer all or part of such regulatory authority and the952
1089	1089		appropriate court jurisdiction to the City of Mulberry. Any transfer of jurisdiction to the953
1090	1090		City of Mulberry during or at the end of the transition period shall not in and of itself abate954
1091	1091		any judicial proceeding pending in Gwinnett County or the pending prosecution of any955
1092	1092		violation of any ordinance of Gwinnett County.956
1093	1093		(h) During the transition period, the governing authority of the City of Mulberry may at957
1094	1094		any time, without the necessity of any agreement by Gwinnett County, commence to958
1095	1095		exercise its code enforcement and planning and zoning powers; provided, however, that the959
1096	1096		city shall give the county notice of the date on which the city will assume the exercise of960
1097	1097		such powers. Upon the governing authority of the City of Mulberry commencing to961
1098	1098		S. B. 333
1099		-	- 43 - 24 ~~SB 333/AP~~
	1099	+	- 43 - 24 LC 47 2744S (SCS)
1100	1100		exercise its code enforcement and planning and zoning powers, the Municipal Court of the
1101	1101		962
1102	1102		City of Mulberry shall immediately have jurisdiction to enforce the code enforcement and963
1103	1103		planning and zoning ordinances of the city. The provisions of this subsection shall control964
1104	1104		over any conflicting provisions of any other subsection of this section.965
1105	1105		(i) Effective upon the termination of the transition period, subsections (b) through (h) of966
1106	1106		this section shall cease to apply except for the last sentence of subsection (g) which shall967
1107	1107		remain effective. Effective upon the termination of the transition period, the City of968
1108	1108		Mulberry shall be a full functioning municipal corporation and subject to all general laws969
1109	1109		of this state.970
1110	1110		SECTION 8.12.971
1111	1111		Directory nature of dates.972
1112	1112		Unless otherwise provided for in this charter, it is the intention of the General Assembly that973
1113	1113		this Act be construed as directory rather than mandatory with respect to any date prescribed974
1114	1114		in this Act. If it is necessary to delay any action called for in this Act for providential cause975
1115	1115		or any other reason, it is the intention of the General Assembly that the action be delayed976
1116	1116		rather than abandoned. Any delay in performing any action under this Act, whether for cause977
1117	1117		or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the978
1118	1118		generality of the foregoing it is specifically provided that:979
1119	1119		(1) If it is not possible to hold the referendum election provided for in Section 8.10 of980
1120	1120		this charter on the date specified in that section, then such referendum shall be held as981
1121	1121		soon thereafter as is reasonably practicable; and982
1122	1122		(2) If it is not possible to hold the first election provided for in Section 8.13 of this983
1123	1123		charter on the date specified in that section, then there shall be a special election for the984
1124	1124		initial members of the governing authority to be held as soon thereafter as is reasonably985
1125	1125		S. B. 333
1126		-	- 44 - 24 ~~SB 333/AP~~
	1126	+	- 44 - 24 LC 47 2744S (SCS)
1127	1127		practicable, and the commencement of the initial terms of office shall be delayed
1128	1128		986
1129	1129		accordingly.987
1130	1130		SECTION 8.13.988
1131	1131		Special election.989
1132	1132		(a) The first election for councilmembers shall be a special election held on the Tuesday990
1133	1133		after the first Monday in November, 2024. At such election, the first councilmembers shall991
1134	1134		be elected to serve for the initial terms of office specified in subsection (b) of this section.992
1135	1135		Thereafter, the time for holding regular municipal elections shall be on the Tuesday next993
1136	1136		following the first Monday in November of each odd-numbered year beginning in 2025.994
1137	1137		The successors to the first initial councilmembers and future successors shall take office995
1138	1138		at the first organizational meeting in January immediately following their election and shall996
1139	1139		serve for terms of four years and until their respective successors are elected and qualified.997
1140	1140		(b) The initial councilmembers elected by a majority vote of the qualified electors of the998
1141	1141		city from the five districts shall serve a term of office through December 31, 2027, and999
1142	1142		until their respective successors are elected and qualified. Thereafter, successors to such1000
1143	1143		initial councilmembers shall serve four-year terms of office and until their respective1001
1144	1144		successors are elected and qualified.1002
1145	1145		S. B. 333
1146		-	- 45 - 24 ~~SB 333/AP~~
	1146	+	- 45 - 24 LC 47 2744S (SCS)
1147	1147		ARTICLE IX.
1148	1148		1003
1149	1149		GENERAL REPEALER1004
1150	1150		SECTION 9.10.1005
1151	1151		General repealer.1006
1152	1152		All laws and parts of laws in conflict with this Act are repealed.1007
1153	1153		S. B. 333
1154		-	- 46 - 24 ~~SB 333/AP~~
	1154	+	- 46 - 24 LC 47 2744S (SCS)
1155	1155		APPENDIX A
1156	1156		1008
1157	1157		LEGAL DESCRIPTION1009
1158	1158		CITY OF MULBERRY, GEORGIA1010
1159	1159		User: H104 1011
1160	1160		Plan Name: Mulberry-City-2024 1012
1161	1161		Plan Type: Local 1013
1162	1162		VTD DUNCANS A1014
1163	1163		VTD DUNCANS B1015
1164	1164		VTD DUNCANS C1016
1165	1165		VTD DUNCANS D1017
1166	1166		Block 050615 1018
1167	1167		1000 1012 1019
1168	1168		Block 050616 1020
1169	1169		1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 2000 20011021
1170	1170		2002 2003 2004 2005 1022
1171	1171		Block 050617 1023
1172	1172		4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4012 40211024
1173	1173		4022 4023 5032 1025
1174	1174		VTD PUCKETTS C1026
1175	1175		Block 050615 1027
1176	1176		1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 10181028
1177	1177		2000 2001 2002 2003 1029
1178	1178		Block 050635 1030
1179	1179		1003 1004 1005 1006 1007 1031
1180	1180		S. B. 333
1181		-	- 47 - 24 ~~SB 333/AP~~
	1181	+	- 47 - 24 LC 47 2744S (SCS)
1182	1182		Block 050636
1183	1183		1032
1184	1184		1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1033
1185	1185		VTD ROCKYCREEK A1034
1186	1186		Block 050619 1035
1187	1187		1006 1009 1010 1013 1014 1015 1016 1017 1020 1021 1022 30001036
1188	1188		3001 3002 3003 3006 3007 3008 3010 1037
1189	1189		Block 050628 1038
1190	1190		1000 1001 2000 2001 2002 2003 2004 2005 2006 2007 2008 30001039
1191	1191		3001 3002 1040
1192	1192		S. B. 333
1193		-	- 48 - 24 ~~SB 333/AP~~
	1193	+	- 48 - 24 LC 47 2744S (SCS)
1194	1194		APPENDIX B
1195	1195		1041
1196	1196		City Council Districts1042
1197	1197		User: H104 1043
1198	1198		Plan Name: Mulberry-Dist-2024 1044
1199	1199		Plan Type: Local1045
1200	1200		District 0011046
1201	1201		County Gwinnett GA 1047
1202	1202		VTD DUNCANS D1048
1203	1203		Block 050615 1049
1204	1204		1000 1012 1050
1205	1205		Block 050616 1051
1206	1206		1003 1004 1006 1007 1008 1009 1010 1052
1207	1207		VTD PUCKETTS C1053
1208	1208		Block 050615 1054
1209	1209		1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 10181055
1210	1210		2000 2001 2002 2003 1056
1211	1211		Block 050635 1057
1212	1212		1003 1004 1005 1006 1007 1058
1213	1213		Block 050636 1059
1214	1214		1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1060
1215	1215		District 0021061
1216	1216		County Gwinnett GA 1062
1217	1217		VTD DUNCANS B1063
1218	1218		Block 050617 1064
1219	1219		2000 2001 2002 2003 2004 2005 2006 3000 3001 3002 3007 40131065
1220	1220		S. B. 333
1221		-	- 49 - 24 ~~SB 333/AP~~
	1221	+	- 49 - 24 LC 47 2744S (SCS)
1222	1222		4014 4015 4016 4018 4019 4020 4024 4025
1223	1223		1066
1224	1224		VTD DUNCANS D1067
1225	1225		Block 050616 1068
1226	1226		1000 1001 1002 2000 2001 2002 2003 2004 2005 1069
1227	1227		Block 050617 1070
1228	1228		4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4012 40211071
1229	1229		4022 4023 5032 1072
1230	1230		District 0031073
1231	1231		County Gwinnett GA 1074
1232	1232		VTD DUNCANS A1075
1233	1233		VTD DUNCANS C1076
1234	1234		Block 050620 1077
1235	1235		1000 1001 1002 1003 1004 1005 1006 1007 1078
1236	1236		District 0041079
1237	1237		County Gwinnett GA 1080
1238	1238		VTD DUNCANS B1081
1239	1239		Block 050618 1082
1240	1240		1000 1001 1002 1003 1004 1083
1241	1241		Block 050619 1084
1242	1242		1000 1001 1002 1003 1004 1005 1007 1008 1012 2000 2001 20021085
1243	1243		2003 2004 1086
1244	1244		VTD DUNCANS C1087
1245	1245		Block 050618 1088
1246	1246		2000 2001 2002 3000 3001 3002 3003 3004 1089
1247	1247		Block 050619 1090
1248	1248		S. B. 333
1249		-	- 50 - 24 ~~SB 333/AP~~
	1249	+	- 50 - 24 LC 47 2744S (SCS)
1250	1250		2005 2006 3004 3005
1251	1251		1091
1252	1252		VTD ROCKYCREEK A1092
1253	1253		Block 050619 1093
1254	1254		1010 1013 1014 1015 1016 1017 1094
1255	1255		District 0051095
1256	1256		County Gwinnett GA 1096
1257	1257		VTD ROCKYCREEK A1097
1258	1258		Block 050619 1098
1259	1259		1006 1009 1020 1021 1022 3000 3001 3002 3003 3006 3007 30081099
1260	1260		3010 1100
1261	1261		Block 050628 1101
1262	1262		1000 1001 2000 2001 2002 2003 2004 2005 2006 2007 2008 30001102
1263	1263		3001 3002 1103
1264	1264		S. B. 333
1265		-	- 51 - 24 ~~SB 333/AP~~
	1265	+	- 51 - 24 LC 47 2744S (SCS)
1266	1266		APPENDIX C
1267	1267		1104
1268	1268		CERTIFICATE AS TO MINIMUM STANDARDS1105
1269	1269		FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION1106
1270	1270		I, Clint Dixon, Georgia State Senator from the 45th District and the author of this bill1107
1271	1271		introduced at the 2024 regular session of the General Assembly of Georgia, which grants an1108
1272	1272		original municipal charter to the City of Mulberry, do hereby certify that this bill is in1109
1273	1273		compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A.1110
1274	1274		in that the area embraced within the original incorporation in this bill is in all respects in1111
1275	1275		compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. 1112
1276	1276		This certificate is executed to conform to the requirements of Code Section 36-31-5 of the1113
1277	1277		O.C.G.A.1114
1278	1278		So certified this ___________ day of ________________, 2023.1115
1279	1279		________________________________1116
1280	1280		1117
1281	1281		Honorable Clint Dixon1118
1282	1282		Senator, 45th District1119
1283	1283		Georgia State Senate1120
1284	1284		S. B. 333
1285	1285		- 52 -