Georgia Senate Bill SB562 Engrossed / Bill

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Senate Bill 562
By: Senators Jackson of the 41st, Butler of the 55th, Parent of the 42nd, Davenport of the
44th, Anderson of the 43rd and others 
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend an Act to provide a new charter for the City of Pine Lake, approved April 4, 1991
1
(Ga. L. 1991, p. 3935), as amended, so as to restate the city's charter; to change the corporate2
limits of such city; to transfer powers from the mayor to the city manager and vest additional3
powers in the city manager; to provide for the mayor to vote in case of a tie; to provide for4
appointment and removal of department directors; to provide for elections; to repeal5
conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
An Act to provide a new charter for the City of Pine Lake, approved April 4, 1991 (Ga. L.9
1991, p. 3935) as amended, is amended by striking the charter in its entirety and inserting in10
lieu thereof the following:11
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"ARTICLE I. 
12
INCORPORATION AND POWERS13
Section 1.10.14
Incorporation.15
The City of Pine Lake in DeKalb County is reincorporated by the enactment of this charter16
and is constituted and declared a body politic and corporate under the name of the 'City of17
Pine Lake.'  References in this charter to 'the city' or 'this city' refer to the City of Pine Lake.18
The city shall have perpetual existence.19
Section 1.11.20
Corporate boundaries.21
(a)  The boundaries of this city shall be those existing on the effective date of the adoption22
of this charter with such alterations as may be made from time to time by local law or in23
the manner provided by general state law.  The boundaries of this city at all times shall be24
shown on a map, a written description, or any combination thereof, to be retained25
permanently in the office of the city clerk of the city and to be designated, as the case may26
be: 'Official Map or Description of the Corporate Limits of the City of Pine Lake, Georgia.' 27
Photographic, typed or other copies of such map or description certified by the mayor shall28
be admitted as evidence in all courts and shall have the same force and effect as the original29
map or description.30
(b)  In addition to all other territory included within the corporate limits of said city, the31
corporate limits shall specifically include the following described property:32
(1)  All that tract or parcel of land lying and being in Land Lot 15 of the 18th District of33
DeKalb County, Georgia, known as 4599 Rockbridge Road, under the street numbering34
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system in effect on the effective date of this Act, and being more particularly described
35
according to ALTA/ACSM Survey for Mimms Properties, United Americans Bank, N.A.36
and Chicago Title Insurance Company prepare by Integrated Science Engineering,37
dated May 22, 2001, as follows:38
Beginning at a 1 inch open topped pipe found on the southerly right of way line of39
Rockbridge Road (variable r/w), a distance of 577.6 feet westerly from the center line40
of Rowland Road (variable r/w); running thence south 01 degree 27 minutes 14 seconds41
west a distance of 299.92 feet to a 1 inch open topped pipe found; running thence42
north 88 degree 34 minutes 41 seconds west a distance of 412.57 feet to a 1/2 inch iron43
pin found; running thence north 01 degree 50 minutes 24 seconds east a distance44
of 312.99 feet to an iron pin set on the southerly right-of-way line of Rockbridge Road;45
running thence along said southerly right of way line of Rockbridge Road, and46
following the curvature thereof, an arc distance of 315.39 feet, said arc being subtended47
by a chord bearing south 81 degree 38 minutes 01 seconds east and having a chord48
distance of 312.65 feet, to an iron pin set; running thence north 01 degree 34 minutes 1249
seconds east a distance of 25.00 feet to a 1/2 inch iron pin found; funning thence south50
88 degrees 25 minutes 48 seconds east a distance of 100.03 feet to a 1 inch open top51
pipe found at the point of beginning.52
(2)  All that tract or parcel of land lying and being in Land Lot 15 of the 18th District of53
DeKalb County, Georgia, known as 4687 Rockbridge Road, under the street numbering54
system in effect on the effective date of this Act, being more particularly described as55
follows:56
To find the true point of beginning commence at the point which would be formed at57
the intersection of the southerly right of way line of Rockbridge Road (100 foot right58
of way) with the easterly right of way line of Rowland Road (70 foot right of way), if59
said right of way lines were extended to form a point; running thence in a northeasterly60
direction along the extended southerly right of way line of Rockbridge Road North 88º61
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54' 29" East a distance of 48.87 feet to a point marked by an iron pin located on the
62
southerly right of way line of Rockbridge Road, said point hereinafter referred to as the63
TRUE POINT OF BEGINNING; running thence from the TRUE POINT OF64
BEGINNING as thus established and along the southerly right of way line of65
Rockbridge Road North 88º 54' 29" East a distance of 470.21 feet to a point marked by66
an iron pin located on the southerly right of way line of Rockbridge Road; thence67
leaving said southerly right of way line of Rockbridge Road and running South 01º 05'68
31" East a distance of 240.39 feet to a point marked by an iron pin; thence South 88º69
59' 49" West a distance of 519.46 feet to a point marked by an iron pin located on the70
easterly right of way line of Rowland Road; thence along the easterly right of way line71
of Rowland Road North 01º 00' 00" West a distance of 204.25 feet to a point marked72
by an iron pin located on the easterly right of way line of Rowland Road; thence73
northeasterly along the metered right of way line of the intersection of Rowland Road74
and Rockbridge Road North 53º 04' 19" East a distance of 60.35 feet to a point being75
the TRUE POINT OF BEGINNING, as per boundary and topographic survey for76
C.F.C.  Properties, a division of Cumberland Builders Inc., dated June 18, 1984,77
prepared by Henry E. Harper, Georgia Registered Land Surveyor No. 1321.78
Section 1.12.79
Municipal powers.80
(a)  This city shall have all powers possible for a municipality to have under the present or81
future Constitution and laws of this state as fully and completely as though they were82
specifically enumerated in this charter. This city shall have all the powers of83
self-government not otherwise prohibited by this charter or by general law.84
(b)  The powers of this city shall be construed liberally in favor of the city.  The specific85
mention or failure to mention particular powers shall not be construed as limiting in any86
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way the powers of this city. Said powers shall include, but are not limited to, the
87
following:88
(1)  Air and water pollution.  To regulate the emission of smoke or other exhaust which89
pollutes the air and to prevent the pollution of natural streams which flow within the90
corporate limits of the city;91
(2)  Animal regulations.  To regulate and license or to prohibit the keeping or running at92
large of animals and fowl, and to provide for the impoundment of same if in violation of93
any ordinance or lawful order; to provide for the disposition by sale, gift or humane94
destruction of animals and fowl when not redeemed as provided by ordinance; and to95
provide punishment for violation of ordinances enacted under this paragraph;96
(3)  Appropriations and expenditures.  To make appropriations for the support of the97
government of the city; to authorize the expenditure of money for any purposes98
authorized by this charter and for any purpose for which a municipality is authorized by99
the laws of the State of Georgia; and to provide for the payment of expenses of the city;100
(4)  Building regulation.  To regulate and to license the erection and construction of101
buildings and all other structures; to adopt building, housing, plumbing, electrical, gas,102
and heating and air conditioning codes; and to regulate all housing and building trades;103
(5)  Business regulation and taxation.  To levy and to provide for the collection of license104
fees and taxes on privileges, occupations, trades and professions; to license and regulate105
the same; to provide for the manner and method of payment of such licenses and taxes;106
and to revoke such licenses after due process for failure to pay any city taxes or fees;107
(6)  Condemnation.  To condemn property, inside or outside the corporate limits of the108
city, for present or future use and for any corporate purpose deemed necessary by the109
governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such110
other applicable laws as are or may hereafter be enacted;111
(7)  Contracts.  To enter into contracts and agreements with other governmental entities112
and with private persons, firms and corporations;113
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(8)  Emergencies.  To establish procedures for determining and proclaiming that an
114
emergency situation exists, inside or outside, the city, and to make and carry out all115
reasonable provisions deemed necessary to deal with or meet such an emergency for the116
protection, safety, health or well-being of the citizens of the city;117
(9)  Fire regulations.  To fix and establish fire limits and from time to time to extend,118
enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with119
general law, relating to both fire prevention and detection and to fire fighting; and to120
prescribe penalties and punishment for violations thereof;121
(10)  Garbage fees.  To levy, fix, assess and collect a garbage, refuse and trash collection122
and disposal, and other sanitary service charge, tax or fee for such services as may be123
necessary in the operation of the city from all individuals, firms and corporations residing124
in or doing business within the city benefiting from such services; to enforce the payment125
of such charges, taxes or fees; and to provide for the manner and method of collecting126
such service charges;127
(11)  General health, safety and welfare.  To define, regulate and prohibit any act,128
practice, conduct or use of property which is detrimental to health, sanitation, cleanliness,129
welfare and safety of the inhabitants of the city, and to provide for the enforcement of130
such standards;131
(12)  Gifts.  To accept or refuse gifts, donations, bequests or grants from any source for132
any purpose related to powers and duties of the city and the general welfare of its133
citizens, on such terms and conditions as the donor or grantor may impose;134
(13)  Health and sanitation.  To prescribe standards of health and sanitation within the135
city and to provide for the enforcement of such standards;136
(14)  Jail sentences.  To provide that persons given jail sentences in the municipal court137
may work out such sentences in any public works or on the streets, roads, drains and138
squares in the city; to provide for commitment of such persons to any jail;139
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(15)  Motor vehicles.  To regulate the operation of motor vehicles and exercise control
140
over all traffic, including parking, upon or across the streets, roads, alleys and walkways141
of the city;142
(16) Municipal agencies and delegation of power. To create, alter or abolish143
departments, boards, offices, commissions and agencies of the city, and to confer upon144
such agencies the necessary and appropriate authority for carrying out all the powers145
conferred upon or delegated to the same;146
(17)  Municipal debts.  To appropriate and borrow money for the payment of debts of the147
city and to issue bonds for the purpose of raising revenue to carry out any project,148
program or venture authorized by this charter or the laws of the State of Georgia;149
(18)  Municipal property ownership.  To acquire, dispose of, lease, and hold in trust or150
otherwise any real, personal or mixed property, in fee simple or lesser interest, inside or151
outside the property limits of the city;152
(19)  Municipal property protection.  To provide for the preservation and protection of153
property and equipment of the city and the administration and use of same by the public;154
and to prescribe penalties and punishment for violations thereof;155
(20)  Municipal utilities.  To acquire, lease, construct, operate, maintain, sell and dispose156
of public utilities including, but not limited to, a system of waterworks, sewers and157
drains, sewage disposal, gas works, electric light plants, transportation facilities, public158
airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees,159
assessments, regulations and penalties therefor; and to provide for the withdrawal of160
service for refusal or failure to pay the same; and to authorize the extension of water,161
sewerage, electrical distribution systems and all necessary appurtenances by which said162
utilities distributed, inside and outside the corporate limits of the city; and to provide163
utility services to persons, firms and corporations inside and outside the corporate limits164
of the city;165
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(21)  Nuisances.  To define a nuisance and provide for its abatement whether on public
166
or private property and to prescribe penalties and punishments for maintaining a167
nuisance;168
(22)  Penalties.  To provide penalties for violation of any ordinances adopted pursuant to169
the authority of this charter and the laws of the State of Georgia;170
(23)  Planning and zoning.  To provide comprehensive city planning for development by171
zoning and to provide subdivision regulation and the like as the city council deems172
necessary and reasonable to ensure a safe, healthy and aesthetically pleasing community;173
(24)  Police and fire protection.  To exercise the power of arrest through duly appointed174
police officers and to establish, operate or contract for a police and a fire fighting agency;175
(25)  Public hazards; removal.  To provide for the destruction and removal of any176
building or other structure which is or may become dangerous or detrimental to the177
public;178
(26) Public improvements.  To provide for the acquisition, construction, building,179
operation and maintenance of public ways, parks, playgrounds, recreational facilities,180
cemeteries, markets and market houses, public buildings, libraries, public housing,181
airports, hospitals, terminals, docks, parking facilities or charitable, cultural, educational,182
recreational, conservation, sport, curative, corrective, detentional, penal and medical183
institutions, agencies and facilities; to provide any other public improvements, inside or184
outside the corporate limits of the city; to regulate the use of public improvements; and,185
for such purposes, property may be acquired by condemnation under Title 22 of the186
O.C.G.A., or such other applicable laws as are or may hereafter be enacted;187
(27)  Public peace.  To provide for the prevention and punishment of drunkenness, riots188
and public disturbances;189
(28)  Public transportation.  To organize and operate such public transportation systems190
as are deemed beneficial;191
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(29)  Public utilities and services.  To grant franchises or make contracts for public
192
utilities and public services; and to prescribe the rates, fares, regulations and the standards193
and conditions of service applicable to the service to be provided by the franchise grantee194
or contractor, insofar as they are not in conflict with valid regulations of the public195
service commission;196
(30)  Regulation of roadside areas.  To prohibit or regulate and control the erection,197
removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and198
all other structures or obstructions upon or adjacent to the rights of way of streets and199
roads or within view thereof, inside or abutting the corporate limits of the city and to200
prescribe penalties and punishment for violation of such ordinances;201
(31)  Retirement.  To provide and maintain a retirement plan for officers and employees202
of the city;203
(32)  Roadways.  To lay out, open, extend, widen, narrow, establish or change the grade204
of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise205
improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and206
walkways within the corporate limits of the city; to negotiate and execute leases over,207
through, under, or across any city property or the right of way of any streets, roads, alleys208
and walkways or portion thereof within the corporate limits of the city for bridges,209
passageways or any other purpose or use between buildings on opposite sides of the210
streets and for other bridges, overpasses and underpasses for private use at such location,211
and to charge a rental therefor in such manner as may be provided by ordinance; to212
authorize and control the construction of bridges, overpasses and underpasses within the213
corporate limits of the city; to grant franchises and rights of way throughout the streets214
and roads, and over the bridges and viaducts for the use of public utilities and for private215
use; and to require real estate owners to repair and maintain in a safe condition the216
sidewalks adjoining their lots or lands and to impose penalties for failure to do so;217
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(33)  Sewer fees.  To levy a fee, charge or sewer tax as necessary to assure ensure the
218
acquiring, constructing, equipping, operating, maintaining and extending of a sewage219
disposal plant and sewerage system; to levy on those to whom sewers and sewerage220
systems are made available a sewer service fee, charge or tax for the availability or use221
of the sewers; to provide for the manner and method of collecting such service charges222
and for enforcing payment of the same; and to impose and collect a sewer connection fee223
or fees to those connected with the system;224
(34)  Solid waste disposal.  To provide for the collection and disposal of garbage, rubbish225
and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by226
others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper227
and other recyclable materials and to provide for the sale of such items;228
(35)  Special areas of public regulation.  To regulate or prohibit junk dealers, pawn shops;229
the manufacture, sale or transportation of intoxicating liquors; to regulate the use and sale230
of firearms; to regulate the transportation, storage and use of combustible, explosive and231
inflammable materials, the use of lighting and heating equipment, and any other business232
or situation which may be dangerous to persons or property; to regulate and control the233
conduct of peddlers and itinerant traders, theatrical performances, exhibitions and shows234
of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional235
fortunetelling, palmistry, adult bookstores, and massage parlors;236
(36)  Special assessments.  To levy and provide for the collection of special assessments237
to cover the costs for any public improvement;238
(37)  Taxes: ad valorem.  To levy and provide for the assessment, valuation, revaluation239
and collection of taxes on all property subject to taxation;240
(38)  Taxes: other.  To levy and collect such other taxes as may be allowed now or in the241
future by law;242
(39)  Taxicabs.  To regulate and license vehicles operated for hire in the city; to limit the243
number of such vehicles; to require the operators thereof to be licensed; to require public244
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liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to
245
regulate the parking of such vehicles;246
(40)  Cultural programs.  The power to establish arts and cultural programs for the247
citizens of Pine Lake and to provide for the funding thereof;248
(41)  Urban redevelopment.  To organize and operate an urban redevelopment program;249
and250
(42)  Other powers.  To exercise and enjoy all other powers, functions, rights, privileges251
and immunities necessary or desirable to promote or protect the safety, health, peace,252
security, good order, comfort, convenience or general welfare of the city and its253
inhabitants; to exercise all implied powers necessary to carry into execution all powers254
granted in this charter as fully and completely as if such powers were fully stated herein;255
and to exercise all powers now or in the future authorized to be exercised by other256
municipal governments under other laws of the State of Georgia; and no listing of257
particular powers in this charter shall be held to be exclusive of others, nor restrictive of258
general words and phrases granting powers, but shall be held to be in addition to such259
powers unless expressly prohibited by municipalities under the Constitution or applicable260
laws of the State of Georgia.261
Section 1.13. 262
Exercise of powers.263
All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or264
employees shall be carried into execution as provided by this charter.  If this charter makes265
no provision, such shall be carried into execution as provided by ordinance or as provided266
by pertinent laws of the State of Georgia.267
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ARTICLE II. 
268
GOVERNMENT STRUCTURE269
Section 2.10. 270
City council creation; composition; number; election.271
The legislative authority of the government of this city, except as otherwise specifically272
provided in this charter, shall be vested in a city council to be composed of a mayor and five273
councilmembers.  The mayor and councilmembers shall be elected in the manner provided274
by this charter and general state law.  The city council established shall in all respects be a275
successor to and continuation of the governing authority under prior law.276
Section 2.11. 277
City council terms and qualifications for office.278
The mayor and city councilmembers shall serve for terms of four years and until their279
respective successors are elected and qualified.  No person shall be eligible to serve as mayor280
or councilmember unless he or she shall have been a resident of this city for the period of 12281
continuous months immediately prior to the date of the election in which he or she seeks to282
qualify; each such person shall continue to reside within the city during said period of service283
and shall be registered and qualified to vote in municipal elections in this city.284
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Section 2.12. 
285
Vacancy; filling of vacancies; suspensions.286
(a)  The office of mayor or councilmember shall become vacant upon the incumbent's287
death, resignation, forfeiture of office or removal from office in any manner authorized by288
this charter or the Constitution or general laws of the State of Georgia.289
(b)  A vacancy in the office of mayor or councilmember shall be filled for the remainder290
of the unexpired term, if any, by appointment of a majority of the remaining members of291
the city council if less than 12 months remain in the unexpired term, otherwise, by an292
election as provided for in Section 5 of this charter and Chapter 2 of Title 21 of the293
O.C.G.A., the 'Georgia Election Code,' or such other laws as are or may hereafter be294
enacted.295
(c)  Upon the suspension from office of mayor or councilmember in any manner authorized296
by the general laws of the State of Georgia, the city council or those remaining shall297
appoint a successor for the duration of the suspension. If the suspension becomes298
permanent, then the office shall become vacant and shall be filled for the remainder of the299
unexpired term, if any, as provided for in this charter.300
Section 2.13. 301
Compensation and expenses.302
The mayor and councilmembers shall receive compensation and expenses for their services303
as provided by ordinance.304
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Section 2.14. 
305
Conflicts of interest; holding other offices.306
(a)  No elected official, appointed officer, or employee of the city or any agency or political307
entity to which this charter applies shall knowingly:308
(1)  Engage in any business or transaction, or have a financial or other personal interest,309
direct or indirect, which is incompatible with the proper discharge of his or her official310
duties or which would tend to impair the independence of his or her judgment or action311
in the performance of his or her official duties;312
(2)  Engage in or accept private employment, or render services for private interests when313
such employment or service is incompatible with the proper discharge of his or her314
official duties or would tend to impair the independence of his or her judgment or action315
in the performance of his or her official duties;316
(3)  Disclose confidential information concerning the property, government or affairs of317
the governmental body by which he or she is engaged without proper legal authorization318
or use such information to advance the financial or other private interest of himself or319
herself or others;320
(4)  Accept any valuable gift, whether in the form of service, loan, thing or promise, from321
any person, firm or corporation to which his or her knowledge is interested, directly or322
indirectly, in any manner whatsoever, in business dealings with the governmental body323
by which he or she is engaged; provided, however, that an elected official who is a324
candidate for public office may accept campaign contributions and services in connection325
with any such campaign;326
(5)  Represent other private interests in any action or proceeding against this city or any327
portion of its government; and328
(6)  Vote or otherwise participate in the negotiation or in the making of any contract with329
any business or entity in which he or she has financial interest.330
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(b)  Any elected official, appointed officer or employee who has any private financial
331
interest, directly or indirectly, in any contract or matter pending before or within any332
department of the city shall disclose such private interest to the city council.  The mayor333
or any councilmember who has a private interest in any matter pending before the city334
council shall disclose such private interest and such disclosure shall be entered on the335
records of the city council, and the mayor or such councilmember shall disqualify himself336
or herself from participating in any decision or vote relating thereto.  Any elected official,337
appointed officer, or employee of any agency or political entity to which this charter338
applies who shall have any private financial interest, directly or indirectly, in any contract339
or matter pending before or within such entity shall disclose such private interest to the340
governing body of such agency or entity.341
(c)  No elected official, appointed officer, or employee of the city or any agency or entity342
to which this charter applies shall use property owned by such governmental entity for343
personal benefit, convenience or profit except in accordance with policies promulgated by344
the city council or the governing body of such agency or entity.345
(d)  Any violation of this section which occurs with the knowledge, express or implied, of346
a party to a contract or sale shall render said contract or sale voidable at the option of the347
city council.348
(e)  Except where authorized by law, neither the mayor nor any councilmember shall hold349
any other elective or compensated appointive office in the city or otherwise be employed350
by said government or any agency thereof during the term for which he or she was elected.351
No former mayor and no former councilmember shall hold any compensated appointive352
office in the city until one year after the expiration of the term for which he or she was353
elected.354
(f)  No appointed officer and no employee of the city shall continue in such employment355
upon qualifying as a candidate for nomination or election to any public office if such356
continued employment is incompatible with running for such public office.357
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(g)(1)  Any city officer or employee who knowingly conceals such financial interest or
358
knowingly violates any of the requirements of this section shall be guilty of malfeasance359
in office or position and shall be deemed to have forfeited his or her office or position.360
(2)  Any officer or employee of the city who shall forfeit his or her office or position as361
described in paragraph (1) of this subsection, shall be ineligible for appointment or362
election to or employment in a position in the city government for a period of three years363
thereafter.364
 365
Section 2.15.366
Inquiries and investigations.367
The city council may make inquiries and investigations into the affairs of the city and the368
conduct of any department, office or agency thereof, and for this purpose may subpoena369
witnesses, administer oaths, take testimony and require the production of evidence.  Any370
person who fails or refuses to obey a lawful order issued in the exercise of these powers by371
the city council shall be punished as provided by ordinance.372
Section 2.16. 373
General power and authority.374
Except as otherwise provided by the charter, the city council shall be vested with all the375
powers of government of this city as provided by Article I of this charter.376
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Section 2.17.
377
Eminent domain.378
The city council is empowered to acquire, construct, operate and maintain public ways,379
parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,380
sewers, drains, sewage treatment, water works, electrical systems, gas systems, airports,381
hospitals and charitable, educational, recreational, sport, curative, corrective, detention, penal382
and medical institutions, agencies and facilities, and any other public improvements inside383
or outside the city, and to regulate the use thereof, and for such purposes, property may be384
condemned under procedures established under general law applicable now or as provided385
in the future.386
Section 2.18.387
Organizational meeting.388
The city council shall hold an organizational meeting on the first Tuesday at the first regular389
meeting after January 1 following a regular election each year. The meeting shall be called390
to order by the city clerk and the oath of office shall be administered to the newly elected391
members as follows: 392
'I do swear or affirm that I will faithfully perform the duties of (council member)(mayor)393
for the City of Pine Lake during my term of office; that I am not the holder of any394
unaccounted for public money due the State of Georgia or any political subdivision or395
authority thereof; that I am not the holder of any office of trust under the government of396
the United States or any other state or any foreign state which I may, by the laws of the397
State of Georgia, be prohibited from holding; that I am otherwise qualified to hold the398
office to which I have been elected according to the constitution and laws of Georgia; that399
I will support the Constitution of the United States and of the State of Georgia; that I am400
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a resident of the City of Pine Lake; and I will enforce the charter and ordinances of the City
401
of Pine Lake to the best of my skill and ability.'402
Section 2.19. 403
Regular and special meetings.404
(a)  The city council shall hold regular meetings at such times and places as prescribed by405
ordinance.406
(b)  Special meetings of the city council may be held on call of the mayor or three members407
of the city council not including the mayor.  Notice of such special meetings shall be served408
on all other members personally, or by telephone personally, at least 48 hours in advance409
of the meeting.  Such notice to councilmembers shall not be required if the mayor and all410
councilmembers are present when the special meeting is called.  Such notice of any special411
meeting may be waived by a councilmember in writing before or after such a meeting and412
attendance at the meeting shall also constitute a waiver of notice on any business transacted413
in such councilmember's presence.  Only the business stated in the call may be transacted414
at the special meeting.415
(c)  All meetings of the city council shall be public to the extent required by law and notice416
to the public of special meetings shall be made fully as is reasonably possible two days417
prior to such meetings.418
Section 2.20.419
Procedures.420
(a)  The city council shall adopt its rules of procedure and order of business consistent with421
the provisions of this charter and shall provide for keeping a journal of its proceedings,422
which shall be a public record.423
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(b)  All committees and committee chairpersons and officers of the city council shall be
424
appointed by the mayor and shall serve at the pleasure of the mayor.  The mayor shall have425
the power to appoint new members to any committee at any time.426
Section 2.21. 427
Quorum; voting.428
(a)  Except as otherwise provided in subsection (b) of this section, three councilmembers,429
not including the mayor, shall constitute a quorum and shall be authorized to transact the430
business of the city council.  Voting on the adoption of ordinances shall be by voice vote431
and the vote shall be recorded in the journal, but the mayor or any member of the city432
council shall have the right to request a roll call vote and such vote shall be recorded in the433
journal. Except as otherwise provided in this charter, the affirmative vote of three434
councilmembers shall be required for the adoption of any ordinance, resolution or motion.435
(b)  In the event vacancies in office result in less than a quorum of councilmembers holding436
office, then the remaining councilmembers in office shall constitute a quorum and shall be437
authorized to transact business of the city council.  A vote of a majority of the remaining438
councilmembers shall be required for the adoption of any ordinance, resolution or motion.439
Section 2.22.440
Ordinance form; procedures.441
(a)  Every proposed ordinance should be introduced in writing and in the form required for442
final adoption.  No ordinance shall contain a subject which is not expressed in its title.  The443
enacting clause shall be 'The Council of the City of Pine Lake hereby ordains... ' and every444
ordinance shall so begin.445
S. B. 562
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(b)  An ordinance may be introduced by any councilmember and be read at a regular or
446
special meeting of the city council.  Ordinances shall be considered and adopted or rejected447
by the city council in accordance with the rules which it shall establish; provided, however,448
that an ordinance shall not be adopted the same day it is introduced, except for emergency449
ordinances provided in Section 2.24 of this charter.  Upon introduction of any ordinance,450
the clerk shall as soon as possible distribute a copy to the mayor and to each451
councilmember and shall file a reasonable number of copies in the office of the clerk and452
at such other public places as the city council may designate.453
(c) The reading of the preamble to an ordinance shall be sufficient to meet the454
requirements of a 'read' or 'reading.'  By affirmative vote of a majority of the city council,455
a reading of the ordinance in its entirety shall be required.456
Section 2.23.457
Action requiring an ordinance or resolution.458
Permanent acts of the city council which have the force and effect of law shall be enacted by459
ordinance.  Acts of a temporary nature may be enacted by resolution.460
Section 2.24.461
Emergencies.462
To meet a public emergency affecting life, health, property or public peace, the city council463
may convene on call of the mayor or three councilmembers and promptly adopt an464
emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a465
franchise; regulate the rate charged by any public utility for its services; or authorize the466
borrowing of money except for loans to be repaid within 30 days.  An emergency ordinance467
shall be introduced in the form prescribed for ordinances generally, except that it shall be468
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plainly designated as an emergency ordinance and shall contain, after the enacting clause,
469
a declaration stating that an emergency exists, and describing the emergency in clear and470
specific terms.  An emergency ordinance may be adopted, with or without amendment, or471
rejected at the meeting at which it is introduced, but the affirmative vote of at least three472
councilmembers shall be required for adoption.  It shall become effective upon adoption or473
at such later time as it may specify.  Every emergency ordinance shall automatically stand474
repealed 30 days following the date upon which it was adopted, but this shall not prevent475
reenactment of the ordinance in the manner specified in this section if the emergency476
continues to exist.  An emergency ordinance shall also be repealed by adoption of a repealing477
ordinance in the same manner specified in this section for adoption of emergency ordinances.478
Section 2.25.479
Codes of technical regulations.480
(a)  The city council may adopt any standard code of technical regulations by reference481
thereto in an adopting ordinance. The procedure and requirements governing such482
adopting ordinance shall be as prescribed for ordinances generally except that:483
(1)  The requirements of subsection (b) of Section 2.22 of this charter for distribution and484
filing of copies of the ordinance shall be construed to include copies of any code of485
technical regulations, as well as the adopting ordinance; and486
(2)  A copy of each adopted code of technical regulations, as well as the adopting487
ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of488
this charter.489
(b)  Copies of any adopted code of technical regulations shall be made available by the city490
clerk for review, for distribution or for purchase at a reasonable price.491
S. B. 562
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Section 2.26.
492
Signing; authenticating; recording; codification; printing.493
(a)  The city clerk shall authenticate by his or her signature and record in full in a properly494
indexed book kept for that purpose, all ordinances adopted by the council.495
(b)  The city council shall provide for the preparation of a general codification of all the496
ordinances of the city having the force and effect of law.  The general codification shall be497
adopted by the city council by ordinance and shall be published promptly, together with498
all amendments thereto and such codes of technical regulations and other rules and499
regulations as the city council may specify.  This compilation shall be known and cited500
officially as 'The Code of the City of Pine Lake, Georgia.'  Copies of the code shall be501
furnished to all officers, departments and agencies of the city, and made available for502
purchase by the public at a reasonable price as fixed by the city council.503
(c)  The city council shall cause each ordinance and each amendment to this charter to be504
printed promptly following its adoption, and the printed ordinances and charter505
amendments shall be made available for review by the public without cost and for purchase506
by the public at reasonable prices to be fixed by the city council.  Following publication507
of the first code under this charter and at all times thereafter, the ordinances and charter508
amendments shall be printed in substantially the same style as the code then in effect and509
shall be suitable in form for incorporation within the code.  The city council shall make510
such further arrangements as deemed desirable with reproduction and distribution of any511
changes in or additions to codes of technical regulations and other rules and regulations512
included in the code.513
S. B. 562
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Section 2.27.
514
City manager; appointment; qualifications; compensation; removal.515
The mayor shall appoint a city manager, subject to confirmation by the city council.  The516
mayor and city council shall fix the city manager's compensation.  The city manager shall517
be appointed solely on the basis of that person's administrative, executive, and professional518
qualifications.  Except as otherwise provided by this charter or by law, the city manager shall519
not be subject to termination or removal by the mayor or the city council acting alone, but520
only upon a majority vote of the mayor and city council at a regularly scheduled meeting.521
Section 2.28.522
Powers and duties of the city manager.523
The city manager shall be the chief administrative and executive officer of the city.  The city524
manager shall report to the mayor and be responsible to the city council for the525
administration of all city affairs placed in the city manager's charge by or under this charter.526
As the chief executive and administrative officer, the city manager shall:527
(1)  Appoint and, when the city manager deems it necessary for the good of the city,528
suspend or remove any city employee and administrative officers the city manager529
appoints, except as otherwise provided by law or personnel ordinances adopted pursuant530
to this charter.  The city manager shall authorize any administrative officer who is subject531
to the city manager's direction and supervision to exercise these powers with respect to532
subordinates in that officer's department, office, or agency;533
(2)  Direct and supervise the administration and operation of all departments, offices, and534
agencies of the city, except as otherwise provided by this charter or by law;535
(3)  Shall serve as the director of administration; or delegate such responsibility to any536
administrative officer under the city manager's supervision;537
S. B. 562
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(4)  Attend all city council meetings, except for closed meetings held for the purposes of
538
deliberating on the appointment, discipline, or removal of the city manager or held for the539
purpose of receiving legal advice regarding the city manager, and have the right to take540
part in discussion, but the city manager may not vote;541
(5)  Perform the general duties of treasurer, accountant, and fiscal officer;542
(6)  See that all laws, provisions of this charter, and acts of the city council, subject to543
enforcement by the city manager or by officers subject to the city manager's direction and544
supervision, are faithfully executed;545
(7) Prepare and submit to the city council a recommended operating budget and546
recommended capital budget;547
(8)  Submit to the city council and make available to the public, at least annually, a548
statement covering the financial condition of the city and a report on the administrative549
activities of the city as of the end of each fiscal year;550
(9)  Make such other reports as the city council may require concerning the operations551
of the city departments, offices, and agencies subject to the city manager's direction and552
supervision;553
(10)  Keep the city council advised as to the financial condition and future needs of the554
city, and make such recommendations to the city council concerning the affairs of the city555
as the city manager deems desirable;556
(11)  Provide council with an organizational chart that identifies all directors and the557
departments of city government that have been legally activated;558
(12)  Be responsible for the administration of court service operations, maintenance of559
municipal court records and collection of fines as established by ordinance and state law;560
and561
(13)  Perform other such duties as are specified in this charter or as may be required by562
the city council.563
S. B. 562
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Section 2.29.
564
Acting city manager.565
By letter filed with the city clerk, the city manager shall designate, subject to the approval566
of council, a qualified city administrative officer to exercise the powers and perform the567
duties of city manager during the city manager's temporary absence of 30 days or less.568
During such absence, the city council may revoke such designation at any time and appoint569
another officer of the city to serve until the city manager shall return.  In the case of570
permanent absence or removal of the city manager, the city council shall have the authority571
to appoint or to designate an acting city manager and to affix the acting city manager's572
compensation.  The acting city manager shall be appointed or designated solely on the basis573
of that person's administrative, executive, and professional qualifications.574
Section 2.30.575
Council's interference with administration.576
Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the577
city council or its members shall deal with city officers and employees who are subject to the578
direction and supervision of the city manager solely through the city manager, and neither579
the city council nor its members shall give orders to any such officer or employee, either580
publicly or privately.581
S. B. 562
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Section 2.31.
582
Powers and duties of mayor.583
The mayor shall:584
(1)  Preside at meetings of mayor and council and have the right to take part in the585
deliberations of the city council, but shall not vote on any question except in the case of586
a tie;587
(2)  Serve as head of the city for the purpose of service of process and for ceremonial588
purposes and be the official spokesperson for the city and the chief advocate of policy.589
(3)  Have power to administer oaths and to take affidavits;590
(4)  Sign as a matter of course on behalf of the city all written and approved contracts,591
ordinances, and other instruments executed by the city which by law are required to be592
in writing;593
(5)  Have veto power pursuant to Section 2.33 of this charter;594
(6) Call special meetings of the city council as provided for in subsection (b) of595
Section 2.19 of this charter;596
(7)  Sign all checks for the payment of approved money owed by the city;597
(8)  Approve or disapprove ordinances as provided in Section 2.33 of this charter;598
(9)  Perform such other duties as may be required by law, this charter, or ordinance.599
Section 2.32.600
Limitation on terms of service.601
No mayor elected and qualified for two terms shall be eligible to serve as mayor for the602
succeeding term.603
S. B. 562
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Section 2.33.
604
Submission of ordinances to the mayor; veto power.605
(a)  Every ordinance adopted by the city council shall be presented by the city clerk to the606
mayor.607
(b)  The mayor shall within ten days of receipt of an ordinance return it to the city clerk608
with or without his or her approval, or with his or her disapproval.  If the ordinance is609
neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar610
day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city611
council through the city clerk a written statement of his or her reasons for the veto.  The612
city clerk shall record upon the ordinance the date of its delivery to and receipt from the613
mayor.614
(c)  Ordinances vetoed by the mayor shall be presented by the city clerk to the city council615
at its next regular meeting and shall become law if the city council then or at its next616
regular meeting adopts the ordinance by an affirmative vote of a supermajority of those617
present and voting.  For purposes of overriding a veto by the mayor, the mayor shall not618
vote in the case of a tie.619
(d)  The mayor may disapprove or reduce any item or items of appropriation in any620
ordinance.  The approved part or parts of ordinance making appropriations shall become621
law, and the part or parts disapproved shall not become law unless subsequently passed by622
the city council over the mayor's veto as provided herein.  The reduced part or parts shall623
be presented to city council as though disapproved and shall become law unless overridden624
by the council as provided in subsection (c) of this section.625
S. B. 562
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Section 2.34.
626
Mayor pro tempore; selection; duties.627
By a majority vote of all its member, the city council shall elect a councilmember to serve628
as mayor pro tempore who shall serve at the pleasure of the council.  Such election shall629
occur at the first organizational meeting after each regular election.  When the mayor pro630
tempore is temporarily serving as mayor and is presiding at meetings of the city council, the631
mayor pro tempore shall retain the right to vote as a member of the city council.  During the632
absence of the mayor for any cause, the mayor pro tempore of the city council shall be633
clothed with all the rights and privileges of the mayor so long as such absence shall continue.634
The mayor pro tempore shall sign all contracts and ordinances for which the mayor has a635
disqualifying financial interest as provided in Section 2.14 of this charter.636
ARTICLE III.637
ADMINISTRATIVE AFFAIRS638
Section 3.10.639
Administrative and service departments.640
(a)  Except as otherwise provided in this charter, the city council by ordinance shall641
prescribe the functions or duties and establish, abolish, or alter all nonelective offices as642
necessary for proper administration of the affairs and government of the city.643
(b)  Except as otherwise provided by this charter or by law, the directors of departments644
and other appointed officers of the city shall be appointed solely on the basis of their645
respective administrative and professional qualifications.646
(c)  All appointed officers and directors of departments shall receive such compensation647
as prescribed by the budget adopted by the city council.648
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(d)  There shall be a director of each department.  Each director shall be subject to the
649
direction and supervision of the city manager and shall be responsible for the650
administration, the affairs, and the operation of the director's department.  The city manager651
may serve as director of a department.  An individual may serve as director of more than652
one department.653
(e)  All directors under the supervision of the city manager shall be recommended by the654
city manager for appointment by the city council and may be suspended or terminated by655
the city manager.  The director involved may appeal to the city council within five calendar656
days of the suspension or termination.  After a hearing, the council may override the city657
manager's action by the affirmative vote of a majority of councilmembers present and658
voting. In the event of a tie, the mayor may vote to break the tie.  The following659
administrative officers shall not be considered 'directors' whom the city manager may660
suspend or remove under this section: city attorney, city manager and city clerk; the661
foregoing administrative officers shall only be subject to removal as otherwise allowed662
under this charter or by law.  Acting directors may serve until a quorum of the city council663
affirmatively requests a permanent director to be appointed, subject to regular city council664
approval.  All other appointed directors shall be employees at will unless otherwise provide665
by law or ordinance.666
Section 3.11.667
Boards, commissions and authorities.668
(a)  The city council shall create by ordinance or resolution such boards, commissions and669
authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city670
council deems necessary, and shall by ordinance or resolution establish the composition,671
period of existence duties and powers thereof.672
S. B. 562
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(b)  All members of boards, commissions and authorities of the city shall be appointed by
673
the city council for such terms of office and in such manner as shall be provided by674
ordinance or resolution, except where other appointing authority, terms of office or manner675
of appointment is prescribed by this charter or by law.676
(c)  The city council, by ordinance or resolution, may provide for the compensation and677
reimbursement for actual and necessary expenses of the members of any board,678
commission or authority.679
(d)  Except as otherwise provided by charter, by ordinance or by other law, no member of680
any board, commission or authority shall hold any elective office in the city.681
(e)  Any vacancy on a board, commission, or authority of the city shall be filled for the682
unexpired term in the manner prescribed for the original appointment, except as otherwise683
provided by this charter, by ordinance or by other law.684
(f)  No member of a board, commission or authority shall assume office until such member685
has executed and filed with the clerk of the city an oath obligating to perform faithfully and686
impartially the duties of his or her office, such oath to be prescribed by ordinance and687
administered by the mayor.688
(g)  Any member of a board, commission or authority may be removed from office for689
cause by an affirmative vote of three members of the city council.690
(h)  Except as otherwise provided by this charter or by law, each board, commission or691
authority of the city shall elect one of its members as chairperson and one member as692
vice-chairperson, and may elect as its secretary one of its members or may appoint as693
secretary an employee of the city.  Each board, commission or authority of the city694
government may establish such bylaws, rules and regulations, not inconsistent with this695
charter, an ordinance of the city, or law, as it deems appropriate and necessary for the696
fulfillment of its duties or the conduct of its affairs.  Copies of such bylaws, rules and697
regulations shall be filed with the clerk of the city.698
S. B. 562
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Section 3.12.
699
City attorney.700
The city council shall appoint a city attorney, subject to confirmation by city council,701
together with such assistant city attorneys as may be authorized, and shall provide for the702
payment of such attorney or attorneys for services rendered to the city.  The city attorney703
shall be responsible for representing and defending the city in all litigation in which the city704
is a party; may be the prosecuting officer in the municipal court; shall attend the meetings705
of the council as directed; shall advise the city council, mayor, city manager and other706
officers and employees of the city concerning legal aspects of the city's affairs; and shall707
perform such other duties as may be required of him or her by virtue of such person position708
as city attorney.  Except as otherwise provided by this charter or by law, the city attorney709
shall be subject to termination or removal by a majority vote of the city council at a regularly710
scheduled meeting.  The city manager, as chief executive officer of the city, shall use the711
city's administrative resources to identify candidates and to present recommendations to the712
city council as to appointment of a city attorney.  The recommendation of the manager is713
subject to confirmation by the city council.  The city attorney shall be responsible for714
reviewing and approving all contracts, pursuant to related ordinances.  The city attorney shall715
provide legal advice to the mayor, city council, city manager, chief of police and the city716
clerk upon request of the mayor or city manager except on issues germane to investigations717
of the mayor, whereby authority is given to the mayor pro tempore.718
Section 3.13.719
City clerk.720
The city council shall appoint a city clerk who shall not be a member of the city council.  The721
city clerk shall be the custodian of the official city seal; maintain city council records722
S. B. 562
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required by this charter; and perform such other duties as may be required by the city council
723
and as are imposed upon that officer by state law.  Except as otherwise provided in this724
charter or by law, the city clerk shall not be subject to termination or removal by the mayor725
or the city council acting alone, but only upon the majority vote of the mayor and a726
concurring majority of the city council sitting at a regularly scheduled meeting of the city727
council.  In the event that an appointment is not made to the city clerk position, the city728
manager shall serve as city clerk.729
Section 3.14.730
Administrative affairs.731
(a)  The mayor shall acknowledge the city manager's recommendation of an auditor and732
such recommendation shall be subject to confirmation by the city council.  The auditor733
shall be responsible for auditing and annual revenues and expenditures pursuant to state734
and federal law such recommendation shall be subject to confirmation by the city council.735
The auditor shall be responsible for auditing and annual revenues and expenditures736
pursuant to state and federal law.737
(b)  The city manager shall solicit bids and proposals for city auditing service once every738
three years and shall review those bids and make a recommendation to the mayor and739
council for the purposes of the appointment of the city auditor.740
(c)  The city manager shall solicit bids and proposals for legal services by a qualified741
municipal attorney at least once every five years and shall review those bids and make a742
recommendation to the mayor and council for the purpose of the appointment of the city743
attorney.744
S. B. 562
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Section 3.15.
745
Chief of police.746
The city council shall appoint a chief of police by majority vote of the council.  The chief of747
police and officers under his or her command shall be responsible for the direct enforcement748
of all city ordinances and laws as defined by the city charter and the State of Georgia.  The749
chief of police shall also perform the duties of city marshal to levy all executions in favor of750
the city for taxes, fines, assessments or other pecuniary demands and to advertise and sell751
property levied on, real or personal, for the satisfaction of taxes, assessments or fines in752
accordance with the laws of the State of Georgia governing sheriff's sales.  The chief of753
police shall have the authority which now vests in the sheriffs of this state to place purchasers754
of said property in possession.755
Section 3.16.756
Position classification and pay plans.757
The city manager shall be responsible for the preparation of a position classification and pay758
plan which shall be submitted to the city council for approval. Such plan may apply to all759
employees of the city and any of its agencies, departments, boards, commissions or760
authorities.  When a pay plan has been adopted, the city council shall not increase or decrease761
the salary range applicable to any position except by amendment of such pay plan.  For762
purposes of this section, all elected and appointed city officials are not city employees.763
Section 3.18.764
Personnel policies.765
The city council shall adopt rules and regulations consistent with this charter concerning:766
S. B. 562
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(1)  Hours of work, vacation, sick leave and other leaves of absence, overtime pay and
767
the order and manner in which layoffs shall be effected;768
(2)  Such dismissal hearings as due process may require; and769
(3)  Such other personnel policies and notices as may be necessary to provide for the770
adequate and systematic handling of personnel affairs.771
ARTICLE IV.772
JUDICIAL BRANCH773
Section 4.10.774
Creation; name.775
There shall be a court to be known as the Municipal Court of the City of Pine Lake, Georgia.776
Section 4.11.777
Judges.778
(a)  The municipal court shall be presided over by a chief judge and such part-time,779
full-time or stand-by judges as shall be provided by ordinance. The method of selection780
and terms of such judges shall be provided for by ordinance.781
(b)  No person shall be qualified or eligible to serve as a judge on the municipal court782
unless he or she shall have attained the age of 21 years and shall be a member of the State783
Bar of Georgia.  All judges shall be appointed by the city council.784
(c)  Compensation of the judges shall be fixed by ordinance.785
(d)  Judges may be removed for cause by a vote of three members of the city council.786
(e)  Before assuming office, each judge shall take an oath, given by the mayor, that he or787
he will honestly and faithfully discharge the duties of his or her office to the best of his or788
S. B. 562
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her ability and without fear, favor or partiality.  The oath shall be entered upon the minutes
789
of the city council journal required by Section 2.20 of this charter.790
Section 4.12.791
Convening of court.792
The municipal court shall be convened at regular intervals as provided by ordinance.793
Section 4.13.794
Jurisdiction; powers.795
(a)  The municipal court shall try and punish violations of this charter, all city ordinances796
and such other violations as provided by law.797
(b)  The municipal court shall have authority to punish those in its presence for contempt,798
provided that such punishment shall not exceed a fine of $200.00 or ten days in jail.799
(c)  The municipal court may fix punishment for offenses within its sole jurisdiction not800
exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and801
imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as802
now or hereafter provided by law and may impose any punishment up to the maximums803
specified by general law for offenses with its concurrent jurisdiction.  The jailer of DeKalb804
County is required to receive all such prisoners delivered to him or her by the municipal805
court.806
(d)  The municipal court shall have authority to establish a schedule of fees to defray the807
cost of operation and shall be entitled to reimbursement of the actual cost of meals,808
transportation and caretaking of prisoners bound over to superior courts for violations of809
state law.810
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(e)  The municipal court shall have authority to establish bail and recognizances to ensure
811
the presence of those charged with violations before said court and shall have discretionary812
authority to accept cash or personal or real property as surety for the appearance of persons813
charged with violations.  When any person shall give bail for appearance and shall fail to814
appear at the time fixed for trial, such person's bond shall be forfeited by the judge815
presiding at such time, and an execution issued thereon by serving the defendant and the816
defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi.  In817
the event that cash or property is accepted in lieu of bond for security for the appearance818
of a defendant at trial and if such defendant fails to appear at the time and place fixed for819
trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or820
the property so deposited shall have lien against it for the value forfeited, which lien shall821
be enforceable in the same manner and to the same extent as a lien for city property taxes.822
(f)  The municipal court shall have the same authority as superior courts to compel the823
production of evidence in the possession of any party; to enforce obedience to its orders,824
judgments and sentences; and to administer such oaths as are necessary.825
(g)  The municipal court shall have the authority to bind prisoners over to the appropriate826
court when it appears by probable cause that state law has been violated.827
(h)  Each judge of the municipal court may compel the presence of all parties necessary to828
a proper disposal of each case by the issuance of summonses, subpoenas and warrants829
which may be served as executed by any officer as authorized by this charter or by law.830
(i)  Each judge of the municipal court shall be authorized to issue warrants for the arrest831
of persons charged with offenses against any ordinance of the city, and each judge of the832
municipal court shall have the same authority as a magistrate of the state to issue warrants833
for offenses against state laws committed within the city.834
(j) The municipal court is specifically vested with all the jurisdiction and powers835
throughout the geographic area of this city granted by law to municipal courts and836
S. B. 562
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particularly by such laws as authorize the abatement of nuisances and prosecution of traffic
837
violations.838
(k)  The chief municipal court judge shall perform such other duties as required for proper839
administration of the municipal court.840
Section 4.14.841
Appeal.842
The right of certiorari or appeal from the decision and judgment of the municipal court shall843
exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained844
under the sanction of a judge of the superior court of DeKalb County, under the laws of the845
State of Georgia regulating the granting and issuance of writs of certiorari or appeals from846
municipal courts.847
Section 4.15.848
Rules for court.849
With the approval of the city council, the judge shall have full power and authority to make850
reasonable rules and regulations necessary and proper to secure the efficient and successful851
administration of the municipal court; provided, however, that the city council may adopt in852
part or in toto the rules and regulations applicable to superior courts. The rules and853
regulations made or adopted shall be filed with the city clerk, shall be available for public854
inspection, and, upon request, shall be furnished to all defendants in municipal court855
proceedings at least 48 hours prior to said proceedings.856
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ARTICLE V.
857
ELECTIONS AND REMOVAL858
Section 5.10.859
Applicability of general law.860
All primaries and elections shall be held and conducted in accordance with the Constitution861
and general laws of the State of Georgia.862
Section 5.11.863
Election of the city council and mayor.864
(a)  There shall be a municipal general election on the first Tuesday next following the first865
Monday in November.866
(b)  There shall be elected the mayor and two councilmembers at one election and at every867
other election thereafter.  The remaining city council seats shall be filled at the election868
alternating with the first election so that a continuing body is created as provided for in the869
initial election held under this charter pursuant to Section 7.12 of this charter.870
Section 5.12.871
Nonpartisan elections.872
 873
Political parties shall not conduct primaries for city offices and all names of candidates for874
city offices shall be listed without party designations.875
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Section 5.13.
876
Election by plurality.877
The person receiving a plurality of the votes cast for any city office shall be elected.878
Section 5.14.879
Special elections; vacancies.880
In the event that the office of mayor or councilmember shall become vacant, the city council881
or those remaining shall order a special election to fill the balance of the unexpired term of882
such official; provided, however, that if such vacancy occurs within 12 months of the883
expiration of the term of that office, the city council or those remaining shall appoint a884
successor for the remainder of the term.  In all other respects, the special election shall be885
held and conducted in accordance with applicable general state law as now or hereafter886
amended.887
Section 5.15.888
Other provisions.889
Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe890
such rules and regulations it deems appropriate to fulfill any options and duties under general891
state law.892
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Section 5.16.
893
Removal of officers.894
(a)  The mayor, councilmembers or other appointed officers provided for in this charter895
shall be removed from office for any one or more of the following causes:896
(1)  Incompetence, misfeasance or malfeasance in office;897
(2)  Conviction of a crime involving moral turpitude;898
(3)  Failure at any time to possess any of the qualifications of office as provided by this899
charter or by law;900
(4)  Knowingly violating any express prohibition of this charter;901
(5)  Abandonment of office or neglect to perform the duties thereof;902
(6)  Failure for any other cause to perform the duties of office as required by this charter903
or by state law.904
(b)(1)  Following a charge against an elected official upon one or more of the grounds905
listed in subparagraph (a) of this section, the elected official shall be notified of the906
charges in writing.  The city council, without participation by any charged member, shall907
appoint a committee consisting of five citizens who are not elected officials to conduct908
an investigation of the charges and said commission shall issue a report of its findings to909
the mayor and city council within ten days of its appointment.  The elected official910
charged shall have a right to a public hearing before the city council to be held within ten911
days of receipt by the mayor and city council of the report from the citizens committee.912
The charged elected official shall have the right of counsel, the right to examine913
witnesses, and the power to subpoena persons or physical evidence.  Any elected officer914
sought to be removed from office as herein provided shall have the right of appeal from915
the decision of the city council to the Superior Court of DeKalb County.  Such appeal916
shall be governed by the same rules as govern appeals to the superior court from the917
probate court; or918
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(2)  By petition of recall by the electors of the City of Pine Lake, as provided for by the
919
laws of the State of Georgia.920
(c)  Any mayor or councilmember of the city who shall forfeit his or her office as described921
in paragraphs (a) and (b) of this section shall be ineligible for appointment or election for922
any office in the city government.923
ARTICLE VI.924
FINANCE925
Section 6.10.926
Property tax.927
The city council may assess, levy and collect an ad valorem tax on all real and personal928
property within the corporate limits of the city that is subject to such taxation by the state and929
county.  This tax is for the purpose of raising revenues to defray the costs of operating the930
city government, of providing governmental services, for the repayment of principal and931
interest on general obligations, and for any other public purpose as determined by the city932
council in its discretion.933
Section 6.11.934
Millage rate; due dates; payment methods.935
The city council by ordinance shall establish a millage rate for the city property tax, a due936
date, and the time period within which these taxes must be paid.  The city council by937
ordinance may provide for the payment of these taxes by installments or in one lump sum,938
as well as authorize the voluntary payment of taxes prior to the time when due.939
S. B. 562
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Section 6.12.
940
Occupation and business taxes.941
The city council by ordinance shall have the power to levy such occupation or business taxes942
as are not denied by law.  Such taxes may be levied on both individuals and corporations who943
transact business in this city or who practice or offer to practice any profession or calling to944
the extent such persons have a constitutionally sufficient nexus to this city to be so taxed.945
The city council may classify businesses, occupations, professions or callings for the purpose946
of such taxation in any way which may be lawful and may compel the payment of such taxes947
as provided in Section 6.18 of this charter.948
Section 6.13.949
Licenses; permits; fees.950
The city council by ordinance shall have the power to require any individual or corporation951
who transacts business in this city or who practices or offers to practice any profession or952
calling therein to obtain a license or permit for such activity from the city and pay a953
reasonable fee for such license or permit where such activities are not now regulated by954
general law in such a way as to preclude city regulations.  Such fees may reflect the total cost955
to the city of regulating the activity, and if unpaid, shall be collected as provided in956
Section 6.18 of this charter. The city council by ordinance may establish reasonable957
requirements for obtaining or keeping such licenses as the public health, safety and welfare958
necessitate.959
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Section 6.14.
960
Franchises.961
The city council shall have the power to grant franchises for the use of this city's streets and962
alleys for the purposes of railroads, street railways, telephone companies, electric companies,963
cable television companies, gas companies, transportation companies and other similar964
organizations.  The city council shall determine the duration, terms, whether the same shall965
be exclusive or nonexclusive, and the consideration of such franchises; provided, however,966
that no franchise shall be granted for a period in excess of 35 years and no franchise shall be967
granted unless the city receives just and adequate compensation therefor.  The city council968
may provide by ordinance for the registration within a reasonable time of all franchises969
previously granted.970
Section 6.15.971
Service charges.972
The city council by ordinance shall have the power to assess and collect fees, charges, and973
tolls for sewers, sanitary and health services, or any other services provided or made974
available inside and outside the corporate limits of the city for the total cost to the city of975
providing or making available such services.  If unpaid, such charges shall be collected as976
provided in Section 6.18 of this charter.977
Section 6.16.978
Special assessments.979
The city council by ordinance shall have the power to assess, charge, and collect the cost of980
constructing, reconstructing, widening or improving any public way, street, sidewalk,981
S. B. 562
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curbing, gutters, sewers or other utility mains and appurtenances from the abutting property
982
owners under such terms and conditions as are reasonable.  If unpaid, such charges shall be983
collected as provided in Section 6.18 of this charter.984
Section 6.17.985
Construction; other taxes.986
This city shall be empowered to levy any other tax allowed now or hereafter by law, and the987
specific mention of any right, power or authority in this article shall not be construed as988
limiting in any way the general powers of this city to govern its local affairs.989
Section 6.18.990
Collection of delinquent taxes.991
The city council by ordinance may provide generally for the collection of delinquent taxes,992
fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by993
whatever reasonable means as are not precluded by law.  This shall include providing for the994
dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi.995
fas., creation and priority of liens, making delinquent taxes and fees personal debts of the996
persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay997
any city taxes or fees, and providing for the assignment or transfer of tax executions.998
Section 6.19.999
Borrowing.1000
The city council shall have the power to issue bonds for the purpose of raising revenue to1001
carry out any project, program or venture authorized under this charter or the laws of the1002
S. B. 562
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state.  Such bonding authority shall be exercised in accordance with the laws governing bond
1003
issuance by municipalities in effect at the time said issue is undertaken.1004
Section 6.20.1005
Revenue bonds.1006
Revenue bonds may be issued by the city council as state law now or hereafter provides.1007
Such bonds are to be paid out of any revenue produced by the project, program or venture1008
for which they were issued.1009
Section 6.21.1010
Loans.1011
 1012
The city may obtain short-term loans and must repay such loans not later than December 311013
of each year, unless otherwise provided by law.1014
Section 6.22.1015
Accounting and budgeting.1016
The city council shall set the fiscal year by ordinance.  This fiscal year shall constitute the1017
budget year and the year for financial accounting and reporting of each and every office,1018
department, agency and activity of the city government.1019
S. B. 562
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Section 6.23.
1020
Budget ordinance.1021
The city council shall provide an ordinance on the procedures and requirements for the1022
preparation and execution of an annual operating budget, a capital improvement program,1023
and a capital budget, including requirements as to the scope content, and form of such1024
budgets and programs.1025
Section 6.24.1026
Operating budget.1027
On or before a date fixed by the city council but not later than 45 days prior to the beginning1028
of each fiscal year, the city manager shall submit to the mayor and city council a proposed1029
operating budget for the ensuing fiscal year.  The budget shall be accompanied by a message1030
from the city manager containing a statement of the general fiscal policies of the city, the1031
important features of the budget, explanations of major changes recommended for the next1032
fiscal year, a general summary of the budget, and such other comments and information as1033
the city manager may deem pertinent.  The operating budget, the capital improvement1034
budget, the budget message, and all supporting documents shall be filed in the office of the1035
city clerk and shall be open to public inspection.1036
Section 6.25.1037
Action by city council on budget.1038
(a)  The city council may amend the operating budget proposed by the city manager;1039
provided, however, that the budget as finally amended and adopted must provide all1040
expenditures required by state law or by other provisions of this charter and for all debt1041
S. B. 562
- 46 - 24 LC 47 2899
service requirements for the ensuing fiscal year.  The total appropriations from any fund
1042
shall not exceed the estimated fund balance, reserves, and revenues.1043
(b)  The city council by resolution shall adopt the final operating, budget for the ensuing1044
fiscal year not later than December 27 of each year.  If the city council fails to adopt the1045
budget by said date, the amounts appropriated for operation for the then current fiscal year1046
shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all1047
items prorated accordingly, until such time as the city council adopts a budget for the1048
ensuing fiscal year.  Adoption of the budget shall take the form of an appropriations1049
resolution setting out the estimated revenues in detail by sources and making1050
appropriations according to fund and by organizational unit, purpose or activity as set out1051
in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.1052
(c)  The amount set out in the adopted operating budget or each organizational unit shall1053
constitute the annual appropriation for such, and no expenditure shall be made or1054
encumbrance created in excess of the otherwise unencumbered balance of the1055
appropriations or allotments thereof to which it is chargeable.1056
Section 6.26.1057
Levy of taxes.1058
Following adoption of the operating budget, the city council shall levy by ordinance such1059
taxes as are necessary.  The taxes and tax rates set by such ordinance shall be such that1060
reasonable estimates of revenues from such levy shall at least be sufficient, together with1061
other anticipated revenues, fund balances and applicable reserves, to equal the total amount1062
appropriated for each of the several funds set forth in the annual operating budget for1063
defraying the expense of the general government of this city.1064
S. B. 562
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Section 6.27.
1065
Changes in appropriations.1066
The city council by resolution may make changes in the appropriations contained in the1067
current operating budget at any regular meeting or special or emergency meeting called for1068
such purposes, but any additional appropriations may be made only from an existing1069
unexpended surplus.1070
Section 6.28.1071
Capital improvements budget.1072
(a)  On or before a date fixed by the city council but not later than 45 days prior to the1073
beginning of each fiscal year, the city manager shall submit to the mayor and city council1074
a proposed capital improvement budget with recommendations as to the means of financing1075
the improvements proposed for the ensuing fiscal year.  The city council shall have the1076
power to accept, with or without amendments, or reject the proposed program and proposed1077
means of financing. The city council shall not authorize an expenditure for the1078
construction of any building, structure, work or improvement unless the appropriations for1079
such project are included in the capital improvement budget, except to meet a public1080
emergency as provided in Section 2.24 of this charter.1081
(b)  The city council by resolution shall adopt the final operating budget for the ensuing1082
fiscal year not later than December 27 of each year.  If the city council fails to adopt the1083
budget by said date, the amounts appropriated for operation for the then current fiscal years1084
shall be deemed adopted for the ensuring fiscal year on a month-to-month basis, with all1085
items prorated accordingly, until such time as the city council adopts a budget for the1086
ensuring fiscal year.  Adoption of the budget shall take the form of an appropriations1087
resolution setting out the estimated revenues in detail by sources and making1088
S. B. 562
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appropriations according to fund and by organizational unit, purpose or activity as set out
1089
in the budget preparation ordinance adopted pursuant of Section 6.23 of this charter.1090
Section 6.29.1091
Independent audits.1092
There shall be an annual independent audit of all city accounts, funds, and financial1093
transactions by a certified public accountant selected by the city council.  The audit shall be1094
conducted according to generally accepted accounting principles.  Any audit of any funds by1095
the state or federal government may be accepted as satisfying the requirements of this1096
charter.  Copies of all audit reports shall be available at printing costs to the public.1097
Section 6.30.1098
Contracting procedures.1099
No contract with the city shall be binding on the city unless:1100
(1)  It is in writing;1101
(2)  It is drawn or submitted and reviewed by the city attorney and, as a matter of course,1102
is signed by the city attorney to indicate such drafting or review; and1103
(3)  It is made or authorized by the city council and such approval is entered in the city1104
council journal of proceedings pursuant to Section 2.21 of this charter.1105
Section 6.31.1106
Centralized purchasing.1107
The city council shall by ordinance or resolution prescribe the procedures for a system of1108
centralized purchasing for the city.1109
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Section 6.32.
1110
Sale of city property.1111
(a)  The city council may sell and convey any real or personal property owned or held by1112
the city for governmental or other purposes as not or hereafter provided by law.1113
(b)  The city council may quitclaim any rights it may have in property not needed for public1114
purposes upon report by the mayor and adoption of a resolution, both finding that the1115
property is not needed for public or other purposes and that the interest of the city has no1116
readily ascertainable monetary value.1117
(c)  Whenever in opening, extending or widening any street, avenue, alley or public place1118
of the city a small parcel or tract of land is cut off or separated by such work from a larger1119
tract or boundary of land owned by the city, the city council may authorize the mayor to1120
execute and deliver in the name of the city a deed conveying said cut-off or separated1121
parcel or tract of land to an abutting or adjoining property owner or owners in exchange for1122
rights of way of said street, avenue, alley or public place when such exchange is deemed1123
to be in the best interest of the city.  All deeds and conveyances heretofore and hereafter1124
so executed and delivered shall convey all title and interest the city has in such property,1125
notwithstanding the fact that no public sale after advertisement was or is hereafter made.1126
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ARTICLE VII.
1127
GENERAL PROVISIONS1128
Section 7.10.1129
Bonds for officials.1130
The officers and employees of this city, both elected and appointed, shall execute such surety1131
or fidelity bonds in such amounts and upon such terms and conditions as the city council1132
shall from time to time require by ordinance or as may be provided by law.1133
Section 7.11.1134
Rules and regulations.1135
All ordinances, resolutions, rules and regulations now in force in the city not inconsistent1136
with this charter are declared valid and of full effect and force until amended or repealed by1137
the city council.1138
Section 7.12.1139
First election under this charter; future elections.1140
The first municipal election under this charter shall be held on November 4, 2025, at which1141
time the positions held by Augusta Woods and Jean Bordeaux and one council seat1142
previously held by Mayor Brandy Hall shall be filled.  Such council seats are designated1143
council Posts 3, 4 and 5, respectively.  The positions presently held by Brandy Hall, Jeff1144
Goldberg and Thomas Torrent shall be designated mayor and council Posts 1 and 2,1145
respectively, and shall be retained by them until the regular election date in 2027 unless1146
vacated by them pursuant to provisions of Article 5 of this charter.  All persons giving notice1147
S. B. 562
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of candidacy for a city council seat shall designate the council post being sought.  All council
1148
posts are held 'at large' and represent all residents of Pine Lake.  All registered voters of Pine1149
Lake shall be able to elect candidates of their choice for all city council posts regardless of1150
where they live within the city.1151
Section 7.13.1152
Charter language on other general matters.1153
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1154
contracts and legal or administrative proceedings shall continue and any such ongoing work1155
or cases shall be completed by such city agencies, personnel or offices as may be provided1156
by the city council.1157
Section 7.14.1158
Definitions and construction.1159
(a)  Section captions in this charter are informative only and shall not be considered as a1160
part thereof.1161
(b)  The word 'shall' is mandatory and the word 'may' is permissive.1162
(c)  The singular shall include the plural, the masculine shall include the feminine, and vice1163
versa.1164
Section 7.15.1165
Severability.1166
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1167
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1168
S. B. 562
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or impair other parts of this charter unless it clearly appears that such other parts are wholly
1169
and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1170
legislative intent in enacting this charter that each article, section, subsection, paragraph,1171
sentence or part thereof be enacted separately and independent of each other."1172
SECTION 2.1173
All laws and parts of laws in conflict with this Act are repealed.1174
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