24 SB 333/AP
Senate Bill 333
By: Senators Dixon of the 45th and Still of the 48th
AS PASSED
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
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
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matters relative to the foregoing; to provide for a referendum, effective dates, and automatic
21
repeal; to provide for mandatory execution of election and judicial remedies regarding failure22
to comply; to provide effective dates and transitional provisions governing the transfer of23
various functions and responsibilities from Gwinnett County to the City of Mulberry; to24
provide for severability; to provide for effective dates; to repeal conflicting laws; and for25
other purposes.26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:27
ARTICLE I.28
INCORPORATION AND POWERS29
SECTION 1.10.30
Legislative findings.31
The General Assembly of Georgia determines and finds that certain portions of32
unincorporated northeastern Gwinnett County would benefit from gaining local control over33
planning and zoning in their community through the creation of a municipal corporation34
offering limited services, including planning and zoning, storm-water collection and disposal,35
and code enforcement. The General Assembly of Georgia further determines and finds that36
the citizens of such a municipal corporation would be best served by a limited municipal37
government that cannot collect property taxes from its residents and that any other38
nonproperty tax revenue sources be neutral with respect to cost burdens on homeowners.39
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SECTION 1.11.
40
Name.41
This Act shall constitute the charter of the City of Mulberry. The city and the inhabitants42
thereof are constituted and declared a body politic and corporate under the name and style43
"City of Mulberry, Georgia," and by that name shall have perpetual succession.44
SECTION 1.12.45
City motto.46
The motto of the City of Mulberry shall be "Non Sibi Sed Aliis."47
SECTION 1.13.48
Corporate boundaries.49
(a) The boundaries of this city shall be those set forth and described in Appendix A of this50
charter, and said Appendix A is incorporated into and made a part of this charter. The51
boundaries of this city at all times shall be shown on a map, a written description, or any52
combination thereof, to be retained permanently in the office of the city clerk and to be53
designated, as the case may be: "Official Map (or Description) of the corporate limits of54
the City of Mulberry, Georgia." Photographic, typed, or other copies of such map or55
description certified by the city clerk shall be admitted as evidence in all courts and shall56
have the same force and effect as with the original map or description.57
(b) The city council may provide for the redrawing of any such map by ordinance to reflect58
lawful changes in the corporate boundaries. A redrawn map shall supersede for all59
purposes the entire map or maps which it is designated to replace.60
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SECTION 1.14.
61
Powers and construction.62
(a) This city shall have all the powers possible for a city to have under the present or future63
Constitution or laws of this state as fully and completely as though they were specifically64
enumerated in this charter, except that the city shall not have the power to assess, levy, or65
collect ad valorem taxes on real or personal property within the corporate limits of the city.66
This city shall have all the powers of self-government not otherwise prohibited by this67
charter or by general law.68
(b) The city shall exercise the powers granted to it under the present or future Constitution69
and laws of this state for the purposes of providing planning and zoning, code adoption and70
enforcement, and storm-water collection and disposal and those items related to the71
provision of such services and for the general administration of the city in providing such72
services.73
(c) The provision of services and exercise of powers enumerated in this Section of this74
charter may be provided by the city contracting with service providers via75
intergovernmental agreements or contracts with private parties.76
(d) The powers of this city shall be construed liberally in favor of the city. The specific77
mention or failure to mention powers shall not be construed as limiting in any way the78
powers of this city.79
SECTION 1.15.80
Examples of powers.81
Reserved.82
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SECTION 1.16.
83
Exercise of powers.84
(a) All powers, functions, rights, privileges, and immunities of the city, its officers, agencies,85
or employees shall be carried into execution as provided by this charter. If this charter makes86
no provision, such powers, functions, rights, privileges, and immunities shall be carried into87
execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.88
(b) No amendment to this Act by the city council pursuant to the home rule powers granted89
by Chapter 35 of Title 36 of the O.C.G.A. shall be enforceable except upon ratification of90
such amendment by the registered voters of the city at a referendum held by the governing91
authority of the city and upon certification of the results of such referendum by the Secretary92
of State.93
ARTICLE II.94
GOVERNMENT STRUCTURE95
SECTION 2.10.96
City council creation; number; election.97
The governing authority of the city, except as otherwise specifically provided in this charter,98
shall be vested in a city council to be composed of five councilmembers. The99
councilmembers shall be elected in the manner provided by this charter.100
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SECTION 2.11.
101
City councilmembers;102
Terms and qualifications for office.103
(a) Except as otherwise provided in Article VIII of this charter for the initial terms of104
office, the members of the city council shall serve for terms of four years and until their105
respective successors are elected and qualified. The term of office of each councilmember106
shall begin on the first day of January immediately following the election of such107
councilmember unless general law authorizes or requires the term to begin at the first108
organizational meeting in January or upon some other date. No person shall be eligible to109
serve as councilmember unless that person shall have been a resident of the city for 12110
months prior to the date of the election of councilmembers; each shall continue to reside111
therein during that person's period of service and to be registered and qualified to vote in112
municipal elections of this city. No person shall serve more than two consecutive terms113
as a councilmember.114
(b) For the purposes of electing members of the city council, the city is divided into five115
districts. One councilmember residing in each district shall be elected from by the electors116
of the city residing in such district. The five numbered districts are described in Appendix117
B attached to and made a part of this Act and further identified as "User: H104 Plan Name:118
Mulberry-Dist-2024 Plan Type: Local:".119
(c)(1) For the purposes of such plan:120
(A) The term "VTD" shall mean and describe the same geographical boundaries as121
provided in the report of the Bureau of the Census for the United States decennial122
census of 2020 for the State of Georgia. The separate numeric designations in a district123
description which are underneath a VTD heading shall mean and describe individual124
Blocks within a VTD as provided in the report of the Bureau of the Census for the125
United States decennial census of 2020 for the State of Georgia; and126
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(B) Except as otherwise provided in the description of any district, whenever the
127
description of any district refers to a named city, it shall mean the geographical128
boundaries of that city as shown on the census maps for the United States decennial129
census of 2020 for the State of Georgia.130
(2) Any part of the City of Mulberry as described in Appendix B which is not included131
in any district described in this plan shall be included within that district contiguous to132
such part which contains the least population according to the United States decennial133
census of 2020 for the State of Georgia.134
(3) Any part of the City of Mulberry as described in Appendix B as being included in a135
particular district shall nevertheless not be included within such district if such part is not136
contiguous to such district. Such noncontiguous part shall instead be included within that137
district contiguous to such part which contains the least population according to the138
United States decennial census of 2020 for the State of Georgia.139
(4) If any area included within the descriptions of District 1, District 2, District 3,140
District 4, or District 5 is on the effective date of this Act within the municipal boundaries141
of another municipality or within a county other than Gwinnett County, such area shall142
not be included within the district descriptions of such districts.143
SECTION 2.12.144
Vacancy; filling of vacancies; suspensions.145
(a) Vacancies. The office of councilmember shall become vacant upon such person's146
failing or ceasing to reside in the city, death, resignation, forfeiture of office, or upon the147
occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A., or such148
other applicable laws as are or may hereafter be enacted.149
(b) Filling of vacancies. A vacancy in the office of councilmember shall be filled for the150
remainder of the unexpired term, if any, by appointment by the remaining councilmembers151
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if less than 12 months remain in the unexpired term, otherwise by an election as provided
152
for in Section 5.14 of this charter and Titles 21 and 45 of the O.C.G.A. or such other laws153
as are or may hereafter be enacted.154
(c) Suspension. Upon the suspension from office of councilmember in any manner155
authorized by the general laws of the State of Georgia, the city council or those remaining156
shall appoint a successor for the duration of the suspension. If the suspension becomes157
permanent, then the office shall become vacant and shall be filled for the remainder of the158
unexpired term, if any, as provided for in this charter.159
SECTION 2.13.160
Compensation and expenses.161
(a) The mayor shall receive an initial salary of $9,000 per year. Each councilmember shall162
receive an initial salary of $8,000.00 per year. The councilmembers shall be paid in equal163
monthly installments from the funds of the municipality.164
(b) The councilmembers may alter such compensation for their services as provided by165
law.166
(c) The councilmembers shall be reimbursed for actual expenses necessarily incurred in167
connection with their service.168
SECTION 2.14.169
Conflicts of interest; holding other offices.170
(a) Elected and appointed officers of the city are trustees and servants of the residents of171
the city and shall act in a fiduciary capacity for the benefit of such residents.172
(b) Conflict of interest. No elected official, appointed officer, or employee of the city or173
any agency or political entity to which this charter applies shall knowingly:174
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(1) Engage in any business or transaction or have a financial or other personal interest,
175
direct or indirect, which is incompatible with the proper discharge of that person's official176
duties or which would tend to impair the independence of that person's judgment or177
action in the performance of that person's official duties;178
(2) Engage in or accept private employment or render services for private interests when179
such employment or service is incompatible with the proper discharge of that person's180
official duties or would tend to impair the independence of that person's judgment or181
action in the performance of that person's official duties;182
(3) Disclose confidential information, including information obtained at meetings which183
are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,184
government, or affairs of the governmental body by which that person is engaged without185
proper legal authorization or use such information to advance the financial or other186
private interest of that person or others;187
(4) Accept any valuable gift, whether in the form of service, loan, thing, or promise,188
from any person, firm, or corporation which to that person's knowledge is interested,189
directly or indirectly, in any manner whatsoever, in business dealings with the190
governmental body by which that person is engaged; provided, however, that an elected191
official who is a candidate for public office may accept campaign contributions and192
services in connection with any such campaign;193
(5) Represent other private interests in any action or proceeding against this city or any194
portion of its government; or195
(6) Vote or otherwise participate in the negotiation or in the making of any contract with196
any business or entity in which that person has a financial interest.197
(c) Disclosure. Any elected official, appointed officer, or employee who shall have any198
financial interest, directly or indirectly, in any contract or matter pending before or within199
any department of the city shall disclose such interest to the city council. Any200
councilmember who has a financial interest in any matter pending before the city council201
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shall disclose such interest and such disclosure shall be entered on the records of the city
202
council, and that person shall disqualify himself or herself from participating in any203
decision or vote relating thereto. Any elected official, appointed officer, or employee of204
any agency or political entity to which this charter applies who shall have any financial205
interest, directly or indirectly, in any contract or matter pending before or within such206
entity shall disclose such interest to the governing body of such agency or entity.207
(d) Use of public property. No elected official, appointed officer, or employee of the city208
or any agency or entity to which this charter applies shall use property owned by such209
governmental entity for personal benefit, convenience, or profit except in accordance with210
policies promulgated by the city council or the governing body of such agency or entity.211
(e) Contracts voidable and rescindable. Any violation of this section which occurs with212
the knowledge, express or implied, of a party to a contract or sale shall render such contract213
or sale voidable at the option of the city council.214
(f) Ineligibility of elected official. Except where authorized by law, no councilmember215
shall hold any other elective or compensated appointive office in the city or otherwise be216
employed by said government or any agency thereof during the term for which that person217
was elected. No former councilmember shall hold any compensated appointive office in218
the city until one year after the expiration of the term for which that person was elected.219
(g) Political activities of certain officers and employees. No appointed officer and no220
employee of the city shall continue in such employment upon qualifying as a candidate for221
nomination or election to any public office. No employee of the city shall continue in such222
employment upon election to any public office in this city or any other public office which223
is inconsistent, incompatible, or in conflict with the duties of the city employee. Such224
determination shall be made by the city council either immediately upon election or at any225
time such conflict may arise.226
(h) Penalties for violation.227
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(1) Any city officer or employee who knowingly conceals such financial interest or
228
knowingly violates any of the requirements of this section shall be guilty of malfeasance229
in office or position and shall be deemed to have forfeited that person's office or position.230
(2) Any officer or employee of the city who shall forfeit that person's office or position231
as described in paragraph (1) of this subsection shall be ineligible for appointment or232
election to or employment in a position in the city government for a period of three years233
thereafter.234
SECTION 2.15.235
Inquiries and investigations.236
Following the adoption of an authorizing resolution, the city council may make inquiries and237
investigations into the affairs of the city and conduct of any department, office, or agency238
thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and239
require the production of evidence. Any person who fails or refuses to obey a lawful order240
issued in the exercise of these powers by the city council shall be punished as may be241
provided by ordinance.242
SECTION 2.16.243
General power and authority of the city council.244
(a) Except as otherwise provided by law or this charter, the city council shall be vested245
with all the powers of government of this city.246
(b) In addition to all other powers conferred upon it by law, the council shall have the247
authority to adopt and provide for the execution of such ordinances, resolutions, rules, and248
regulations, not inconsistent with this charter and the Constitution and the laws of the State249
of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,250
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protection of life and property, health, welfare, sanitation, comfort, convenience,
251
prosperity, or well-being of the inhabitants of the City of Mulberry and may enforce such252
ordinances by imposing penalties for violation thereof.253
SECTION 2.17.254
Organizational meetings.255
Unless otherwise provided by ordinance, the city council shall hold an organizational256
meeting on the first Tuesday in January of each even-numbered year. The meeting shall be257
called to order by the city clerk and the oath of office shall be administered to the newly258
elected councilmembers as follows:259
"I do solemnly (swear) (affirm) that I will faithfully perform the duties of councilmember260
of this city and that I will support and defend the charter thereof as well as the Constitution261
and laws of the State of Georgia and the United States of America."262
SECTION 2.18.263
Meetings.264
(a) The city council shall hold regular meetings at such times and places as shall be265
prescribed by ordinance.266
(b) Special meetings of the city council may be held on call of the mayor or three267
councilmembers. Notice of such special meeting shall be served on all other268
councilmembers personally, or by telephone personally, at least 48 hours in advance of the269
meeting. Such notice to councilmembers shall not be required if all councilmembers are270
present when the special meeting is called. Such notice of any special meeting may be271
waived by a councilmember in writing before or after such a meeting and attendance at the272
meeting shall also constitute a waiver of notice on any business transacted in such273
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councilmember's presence. Only the business stated in the call may be transacted at the
274
special meeting.275
(c) All meetings of the city council shall be public to the extent required by law, and notice276
to the public of special meetings shall be made as fully as is reasonably possible as277
provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are or278
may hereafter be enacted.279
SECTION 2.19.280
Rules of procedure.281
(a) The city council shall adopt its rules of procedure and order of business consistent with282
the provisions of this charter and shall provide for keeping of a journal of its proceedings,283
which shall be a public record.284
(b) All committees and committee chairpersons and officers of the city council shall be285
appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have286
the power to appoint new members to any committee at any time.287
SECTION 2.20.288
Quorum; voting.289
Three councilmembers shall constitute a quorum and shall be authorized to transact290
business of the city council. Voting on the adoption of ordinances shall be by voice vote291
and the vote shall be recorded in the journal, but any councilmember shall have the right292
to request a roll-call vote and such vote shall be recorded in the journal. Except as293
otherwise provided in this charter, the affirmative vote of three councilmembers shall be294
required for the adoption of any ordinance, resolution, or motion. An abstention shall be295
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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
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(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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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(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
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(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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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