Georgia 2023-2024 Regular Session

Georgia Senate Bill SB562 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		24 LC 47 2899
2	2		Senate Bill 562
3	3		By: Senators Jackson of the 41st, Butler of the 55th, Parent of the 42nd, Davenport of the
4	4		44th, Anderson of the 43rd and others
5		-	AS PASSED
	5	+	AS PASSED SENATE
6	6		A BILL TO BE ENTITLED
7	7		AN ACT
8	8		To amend an Act to provide a new charter for the City of Pine Lake, approved April 4, 1991
9	9		1
10	10		(Ga. L. 1991, p. 3935), as amended, so as to restate the city's charter; to change the corporate2
11	11		limits of such city; to transfer powers from the mayor to the city manager and vest additional3
12	12		powers in the city manager; to provide for the mayor to vote in case of a tie; to provide for4
13	13		appointment and removal of department directors; to provide for elections; to repeal5
14	14		conflicting laws; and for other purposes.6
15	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
16	16		SECTION 1.8
17	17		An Act to provide a new charter for the City of Pine Lake, approved April 4, 1991 (Ga. L.9
18	18		1991, p. 3935) as amended, is amended by striking the charter in its entirety and inserting in10
19	19		lieu thereof the following:11
20	20		S. B. 562
21	21		- 1 - 24 LC 47 2899
22	22		"ARTICLE I.
23	23		12
24	24		INCORPORATION AND POWERS13
25	25		Section 1.10.14
26	26		Incorporation.15
27	27		The City of Pine Lake in DeKalb County is reincorporated by the enactment of this charter16
28	28		and is constituted and declared a body politic and corporate under the name of the 'City of17
29	29		Pine Lake.' References in this charter to 'the city' or 'this city' refer to the City of Pine Lake.18
30	30		The city shall have perpetual existence.19
31	31		Section 1.11.20
32	32		Corporate boundaries.21
33	33		(a) The boundaries of this city shall be those existing on the effective date of the adoption22
34	34		of this charter with such alterations as may be made from time to time by local law or in23
35	35		the manner provided by general state law. The boundaries of this city at all times shall be24
36	36		shown on a map, a written description, or any combination thereof, to be retained25
37	37		permanently in the office of the city clerk of the city and to be designated, as the case may26
38	38		be: 'Official Map or Description of the Corporate Limits of the City of Pine Lake, Georgia.' 27
39	39		Photographic, typed or other copies of such map or description certified by the mayor shall28
40	40		be admitted as evidence in all courts and shall have the same force and effect as the original29
41	41		map or description.30
42	42		(b) In addition to all other territory included within the corporate limits of said city, the31
43	43		corporate limits shall specifically include the following described property:32
44	44		(1) All that tract or parcel of land lying and being in Land Lot 15 of the 18th District of33
45	45		DeKalb County, Georgia, known as 4599 Rockbridge Road, under the street numbering34
46	46		S. B. 562
47	47		- 2 - 24 LC 47 2899
48	48		system in effect on the effective date of this Act, and being more particularly described
49	49		35
50	50		according to ALTA/ACSM Survey for Mimms Properties, United Americans Bank, N.A.36
51	51		and Chicago Title Insurance Company prepare by Integrated Science Engineering,37
52	52		dated May 22, 2001, as follows:38
53	53		Beginning at a 1 inch open topped pipe found on the southerly right of way line of39
54	54		Rockbridge Road (variable r/w), a distance of 577.6 feet westerly from the center line40
55	55		of Rowland Road (variable r/w); running thence south 01 degree 27 minutes 14 seconds41
56	56		west a distance of 299.92 feet to a 1 inch open topped pipe found; running thence42
57	57		north 88 degree 34 minutes 41 seconds west a distance of 412.57 feet to a 1/2 inch iron43
58	58		pin found; running thence north 01 degree 50 minutes 24 seconds east a distance44
59	59		of 312.99 feet to an iron pin set on the southerly right-of-way line of Rockbridge Road;45
60	60		running thence along said southerly right of way line of Rockbridge Road, and46
61	61		following the curvature thereof, an arc distance of 315.39 feet, said arc being subtended47
62	62		by a chord bearing south 81 degree 38 minutes 01 seconds east and having a chord48
63	63		distance of 312.65 feet, to an iron pin set; running thence north 01 degree 34 minutes 1249
64	64		seconds east a distance of 25.00 feet to a 1/2 inch iron pin found; funning thence south50
65	65		88 degrees 25 minutes 48 seconds east a distance of 100.03 feet to a 1 inch open top51
66	66		pipe found at the point of beginning.52
67	67		(2) All that tract or parcel of land lying and being in Land Lot 15 of the 18th District of53
68	68		DeKalb County, Georgia, known as 4687 Rockbridge Road, under the street numbering54
69	69		system in effect on the effective date of this Act, being more particularly described as55
70	70		follows:56
71	71		To find the true point of beginning commence at the point which would be formed at57
72	72		the intersection of the southerly right of way line of Rockbridge Road (100 foot right58
73	73		of way) with the easterly right of way line of Rowland Road (70 foot right of way), if59
74	74		said right of way lines were extended to form a point; running thence in a northeasterly60
75	75		direction along the extended southerly right of way line of Rockbridge Road North 88º61
76	76		S. B. 562
77	77		- 3 - 24 LC 47 2899
78	78		54' 29" East a distance of 48.87 feet to a point marked by an iron pin located on the
79	79		62
80	80		southerly right of way line of Rockbridge Road, said point hereinafter referred to as the63
81	81		TRUE POINT OF BEGINNING; running thence from the TRUE POINT OF64
82	82		BEGINNING as thus established and along the southerly right of way line of65
83	83		Rockbridge Road North 88º 54' 29" East a distance of 470.21 feet to a point marked by66
84	84		an iron pin located on the southerly right of way line of Rockbridge Road; thence67
85	85		leaving said southerly right of way line of Rockbridge Road and running South 01º 05'68
86	86		31" East a distance of 240.39 feet to a point marked by an iron pin; thence South 88º69
87	87		59' 49" West a distance of 519.46 feet to a point marked by an iron pin located on the70
88	88		easterly right of way line of Rowland Road; thence along the easterly right of way line71
89	89		of Rowland Road North 01º 00' 00" West a distance of 204.25 feet to a point marked72
90	90		by an iron pin located on the easterly right of way line of Rowland Road; thence73
91	91		northeasterly along the metered right of way line of the intersection of Rowland Road74
92	92		and Rockbridge Road North 53º 04' 19" East a distance of 60.35 feet to a point being75
93	93		the TRUE POINT OF BEGINNING, as per boundary and topographic survey for76
94	94		C.F.C. Properties, a division of Cumberland Builders Inc., dated June 18, 1984,77
95	95		prepared by Henry E. Harper, Georgia Registered Land Surveyor No. 1321.78
96	96		Section 1.12.79
97	97		Municipal powers.80
98	98		(a) This city shall have all powers possible for a municipality to have under the present or81
99	99		future Constitution and laws of this state as fully and completely as though they were82
100	100		specifically enumerated in this charter. This city shall have all the powers of83
101	101		self-government not otherwise prohibited by this charter or by general law.84
102	102		(b) The powers of this city shall be construed liberally in favor of the city. The specific85
103	103		mention or failure to mention particular powers shall not be construed as limiting in any86
104	104		S. B. 562
105	105		- 4 - 24 LC 47 2899
106	106		way the powers of this city. Said powers shall include, but are not limited to, the
107	107		87
108	108		following:88
109	109		(1) Air and water pollution. To regulate the emission of smoke or other exhaust which89
110	110		pollutes the air and to prevent the pollution of natural streams which flow within the90
111	111		corporate limits of the city;91
112	112		(2) Animal regulations. To regulate and license or to prohibit the keeping or running at92
113	113		large of animals and fowl, and to provide for the impoundment of same if in violation of93
114	114		any ordinance or lawful order; to provide for the disposition by sale, gift or humane94
115	115		destruction of animals and fowl when not redeemed as provided by ordinance; and to95
116	116		provide punishment for violation of ordinances enacted under this paragraph;96
117	117		(3) Appropriations and expenditures. To make appropriations for the support of the97
118	118		government of the city; to authorize the expenditure of money for any purposes98
119	119		authorized by this charter and for any purpose for which a municipality is authorized by99
120	120		the laws of the State of Georgia; and to provide for the payment of expenses of the city;100
121	121		(4) Building regulation. To regulate and to license the erection and construction of101
122	122		buildings and all other structures; to adopt building, housing, plumbing, electrical, gas,102
123	123		and heating and air conditioning codes; and to regulate all housing and building trades;103
124	124		(5) Business regulation and taxation. To levy and to provide for the collection of license104
125	125		fees and taxes on privileges, occupations, trades and professions; to license and regulate105
126	126		the same; to provide for the manner and method of payment of such licenses and taxes;106
127	127		and to revoke such licenses after due process for failure to pay any city taxes or fees;107
128	128		(6) Condemnation. To condemn property, inside or outside the corporate limits of the108
129	129		city, for present or future use and for any corporate purpose deemed necessary by the109
130	130		governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such110
131	131		other applicable laws as are or may hereafter be enacted;111
132	132		(7) Contracts. To enter into contracts and agreements with other governmental entities112
133	133		and with private persons, firms and corporations;113
134	134		S. B. 562
135	135		- 5 - 24 LC 47 2899
136	136		(8) Emergencies. To establish procedures for determining and proclaiming that an
137	137		114
138	138		emergency situation exists, inside or outside, the city, and to make and carry out all115
139	139		reasonable provisions deemed necessary to deal with or meet such an emergency for the116
140	140		protection, safety, health or well-being of the citizens of the city;117
141	141		(9) Fire regulations. To fix and establish fire limits and from time to time to extend,118
142	142		enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with119
143	143		general law, relating to both fire prevention and detection and to fire fighting; and to120
144	144		prescribe penalties and punishment for violations thereof;121
145	145		(10) Garbage fees. To levy, fix, assess and collect a garbage, refuse and trash collection122
146	146		and disposal, and other sanitary service charge, tax or fee for such services as may be123
147	147		necessary in the operation of the city from all individuals, firms and corporations residing124
148	148		in or doing business within the city benefiting from such services; to enforce the payment125
149	149		of such charges, taxes or fees; and to provide for the manner and method of collecting126
150	150		such service charges;127
151	151		(11) General health, safety and welfare. To define, regulate and prohibit any act,128
152	152		practice, conduct or use of property which is detrimental to health, sanitation, cleanliness,129
153	153		welfare and safety of the inhabitants of the city, and to provide for the enforcement of130
154	154		such standards;131
155	155		(12) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for132
156	156		any purpose related to powers and duties of the city and the general welfare of its133
157	157		citizens, on such terms and conditions as the donor or grantor may impose;134
158	158		(13) Health and sanitation. To prescribe standards of health and sanitation within the135
159	159		city and to provide for the enforcement of such standards;136
160	160		(14) Jail sentences. To provide that persons given jail sentences in the municipal court137
161	161		may work out such sentences in any public works or on the streets, roads, drains and138
162	162		squares in the city; to provide for commitment of such persons to any jail;139
163	163		S. B. 562
164	164		- 6 - 24 LC 47 2899
165	165		(15) Motor vehicles. To regulate the operation of motor vehicles and exercise control
166	166		140
167	167		over all traffic, including parking, upon or across the streets, roads, alleys and walkways141
168	168		of the city;142
169	169		(16) Municipal agencies and delegation of power. To create, alter or abolish143
170	170		departments, boards, offices, commissions and agencies of the city, and to confer upon144
171	171		such agencies the necessary and appropriate authority for carrying out all the powers145
172	172		conferred upon or delegated to the same;146
173	173		(17) Municipal debts. To appropriate and borrow money for the payment of debts of the147
174	174		city and to issue bonds for the purpose of raising revenue to carry out any project,148
175	175		program or venture authorized by this charter or the laws of the State of Georgia;149
176	176		(18) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or150
177	177		otherwise any real, personal or mixed property, in fee simple or lesser interest, inside or151
178	178		outside the property limits of the city;152
179	179		(19) Municipal property protection. To provide for the preservation and protection of153
180	180		property and equipment of the city and the administration and use of same by the public;154
181	181		and to prescribe penalties and punishment for violations thereof;155
182	182		(20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell and dispose156
183	183		of public utilities including, but not limited to, a system of waterworks, sewers and157
184	184		drains, sewage disposal, gas works, electric light plants, transportation facilities, public158
185	185		airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees,159
186	186		assessments, regulations and penalties therefor; and to provide for the withdrawal of160
187	187		service for refusal or failure to pay the same; and to authorize the extension of water,161
188	188		sewerage, electrical distribution systems and all necessary appurtenances by which said162
189	189		utilities distributed, inside and outside the corporate limits of the city; and to provide163
190	190		utility services to persons, firms and corporations inside and outside the corporate limits164
191	191		of the city;165
192	192		S. B. 562
193	193		- 7 - 24 LC 47 2899
194	194		(21) Nuisances. To define a nuisance and provide for its abatement whether on public
195	195		166
196	196		or private property and to prescribe penalties and punishments for maintaining a167
197	197		nuisance;168
198	198		(22) Penalties. To provide penalties for violation of any ordinances adopted pursuant to169
199	199		the authority of this charter and the laws of the State of Georgia;170
200	200		(23) Planning and zoning. To provide comprehensive city planning for development by171
201	201		zoning and to provide subdivision regulation and the like as the city council deems172
202	202		necessary and reasonable to ensure a safe, healthy and aesthetically pleasing community;173
203	203		(24) Police and fire protection. To exercise the power of arrest through duly appointed174
204	204		police officers and to establish, operate or contract for a police and a fire fighting agency;175
205	205		(25) Public hazards; removal. To provide for the destruction and removal of any176
206	206		building or other structure which is or may become dangerous or detrimental to the177
207	207		public;178
208	208		(26) Public improvements. To provide for the acquisition, construction, building,179
209	209		operation and maintenance of public ways, parks, playgrounds, recreational facilities,180
210	210		cemeteries, markets and market houses, public buildings, libraries, public housing,181
211	211		airports, hospitals, terminals, docks, parking facilities or charitable, cultural, educational,182
212	212		recreational, conservation, sport, curative, corrective, detentional, penal and medical183
213	213		institutions, agencies and facilities; to provide any other public improvements, inside or184
214	214		outside the corporate limits of the city; to regulate the use of public improvements; and,185
215	215		for such purposes, property may be acquired by condemnation under Title 22 of the186
216	216		O.C.G.A., or such other applicable laws as are or may hereafter be enacted;187
217	217		(27) Public peace. To provide for the prevention and punishment of drunkenness, riots188
218	218		and public disturbances;189
219	219		(28) Public transportation. To organize and operate such public transportation systems190
220	220		as are deemed beneficial;191
221	221		S. B. 562
222	222		- 8 - 24 LC 47 2899
223	223		(29) Public utilities and services. To grant franchises or make contracts for public
224	224		192
225	225		utilities and public services; and to prescribe the rates, fares, regulations and the standards193
226	226		and conditions of service applicable to the service to be provided by the franchise grantee194
227	227		or contractor, insofar as they are not in conflict with valid regulations of the public195
228	228		service commission;196
229	229		(30) Regulation of roadside areas. To prohibit or regulate and control the erection,197
230	230		removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and198
231	231		all other structures or obstructions upon or adjacent to the rights of way of streets and199
232	232		roads or within view thereof, inside or abutting the corporate limits of the city and to200
233	233		prescribe penalties and punishment for violation of such ordinances;201
234	234		(31) Retirement. To provide and maintain a retirement plan for officers and employees202
235	235		of the city;203
236	236		(32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade204
237	237		of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise205
238	238		improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and206
239	239		walkways within the corporate limits of the city; to negotiate and execute leases over,207
240	240		through, under, or across any city property or the right of way of any streets, roads, alleys208
241	241		and walkways or portion thereof within the corporate limits of the city for bridges,209
242	242		passageways or any other purpose or use between buildings on opposite sides of the210
243	243		streets and for other bridges, overpasses and underpasses for private use at such location,211
244	244		and to charge a rental therefor in such manner as may be provided by ordinance; to212
245	245		authorize and control the construction of bridges, overpasses and underpasses within the213
246	246		corporate limits of the city; to grant franchises and rights of way throughout the streets214
247	247		and roads, and over the bridges and viaducts for the use of public utilities and for private215
248	248		use; and to require real estate owners to repair and maintain in a safe condition the216
249	249		sidewalks adjoining their lots or lands and to impose penalties for failure to do so;217
250	250		S. B. 562
251	251		- 9 - 24 LC 47 2899
252	252		(33) Sewer fees. To levy a fee, charge or sewer tax as necessary to assure ensure the
253	253		218
254	254		acquiring, constructing, equipping, operating, maintaining and extending of a sewage219
255	255		disposal plant and sewerage system; to levy on those to whom sewers and sewerage220
256	256		systems are made available a sewer service fee, charge or tax for the availability or use221
257	257		of the sewers; to provide for the manner and method of collecting such service charges222
258	258		and for enforcing payment of the same; and to impose and collect a sewer connection fee223
259	259		or fees to those connected with the system;224
260	260		(34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish225
261	261		and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by226
262	262		others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper227
263	263		and other recyclable materials and to provide for the sale of such items;228
264	264		(35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops;229
265	265		the manufacture, sale or transportation of intoxicating liquors; to regulate the use and sale230
266	266		of firearms; to regulate the transportation, storage and use of combustible, explosive and231
267	267		inflammable materials, the use of lighting and heating equipment, and any other business232
268	268		or situation which may be dangerous to persons or property; to regulate and control the233
269	269		conduct of peddlers and itinerant traders, theatrical performances, exhibitions and shows234
270	270		of any kind, by taxation or otherwise; and to license, tax, regulate or prohibit professional235
271	271		fortunetelling, palmistry, adult bookstores, and massage parlors;236
272	272		(36) Special assessments. To levy and provide for the collection of special assessments237
273	273		to cover the costs for any public improvement;238
274	274		(37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation239
275	275		and collection of taxes on all property subject to taxation;240
276	276		(38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the241
277	277		future by law;242
278	278		(39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the243
279	279		number of such vehicles; to require the operators thereof to be licensed; to require public244
280	280		S. B. 562
281	281		- 10 - 24 LC 47 2899
282	282		liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to
283	283		245
284	284		regulate the parking of such vehicles;246
285	285		(40) Cultural programs. The power to establish arts and cultural programs for the247
286	286		citizens of Pine Lake and to provide for the funding thereof;248
287	287		(41) Urban redevelopment. To organize and operate an urban redevelopment program;249
288	288		and250
289	289		(42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges251
290	290		and immunities necessary or desirable to promote or protect the safety, health, peace,252
291	291		security, good order, comfort, convenience or general welfare of the city and its253
292	292		inhabitants; to exercise all implied powers necessary to carry into execution all powers254
293	293		granted in this charter as fully and completely as if such powers were fully stated herein;255
294	294		and to exercise all powers now or in the future authorized to be exercised by other256
295	295		municipal governments under other laws of the State of Georgia; and no listing of257
296	296		particular powers in this charter shall be held to be exclusive of others, nor restrictive of258
297	297		general words and phrases granting powers, but shall be held to be in addition to such259
298	298		powers unless expressly prohibited by municipalities under the Constitution or applicable260
299	299		laws of the State of Georgia.261
300	300		Section 1.13. 262
301	301		Exercise of powers.263
302	302		All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or264
303	303		employees shall be carried into execution as provided by this charter. If this charter makes265
304	304		no provision, such shall be carried into execution as provided by ordinance or as provided266
305	305		by pertinent laws of the State of Georgia.267
306	306		S. B. 562
307	307		- 11 - 24 LC 47 2899
308	308		ARTICLE II.
309	309		268
310	310		GOVERNMENT STRUCTURE269
311	311		Section 2.10. 270
312	312		City council creation; composition; number; election.271
313	313		The legislative authority of the government of this city, except as otherwise specifically272
314	314		provided in this charter, shall be vested in a city council to be composed of a mayor and five273
315	315		councilmembers. The mayor and councilmembers shall be elected in the manner provided274
316	316		by this charter and general state law. The city council established shall in all respects be a275
317	317		successor to and continuation of the governing authority under prior law.276
318	318		Section 2.11. 277
319	319		City council terms and qualifications for office.278
320	320		The mayor and city councilmembers shall serve for terms of four years and until their279
321	321		respective successors are elected and qualified. No person shall be eligible to serve as mayor280
322	322		or councilmember unless he or she shall have been a resident of this city for the period of 12281
323	323		continuous months immediately prior to the date of the election in which he or she seeks to282
324	324		qualify; each such person shall continue to reside within the city during said period of service283
325	325		and shall be registered and qualified to vote in municipal elections in this city.284
326	326		S. B. 562
327	327		- 12 - 24 LC 47 2899
328	328		Section 2.12.
329	329		285
330	330		Vacancy; filling of vacancies; suspensions.286
331	331		(a) The office of mayor or councilmember shall become vacant upon the incumbent's287
332	332		death, resignation, forfeiture of office or removal from office in any manner authorized by288
333	333		this charter or the Constitution or general laws of the State of Georgia.289
334	334		(b) A vacancy in the office of mayor or councilmember shall be filled for the remainder290
335	335		of the unexpired term, if any, by appointment of a majority of the remaining members of291
336	336		the city council if less than 12 months remain in the unexpired term, otherwise, by an292
337	337		election as provided for in Section 5 of this charter and Chapter 2 of Title 21 of the293
338	338		O.C.G.A., the 'Georgia Election Code,' or such other laws as are or may hereafter be294
339	339		enacted.295
340	340		(c) Upon the suspension from office of mayor or councilmember in any manner authorized296
341	341		by the general laws of the State of Georgia, the city council or those remaining shall297
342	342		appoint a successor for the duration of the suspension. If the suspension becomes298
343	343		permanent, then the office shall become vacant and shall be filled for the remainder of the299
344	344		unexpired term, if any, as provided for in this charter.300
345	345		Section 2.13. 301
346	346		Compensation and expenses.302
347	347		The mayor and councilmembers shall receive compensation and expenses for their services303
348	348		as provided by ordinance.304
349	349		S. B. 562
350	350		- 13 - 24 LC 47 2899
351	351		Section 2.14.
352	352		305
353	353		Conflicts of interest; holding other offices.306
354	354		(a) No elected official, appointed officer, or employee of the city or any agency or political307
355	355		entity to which this charter applies shall knowingly:308
356	356		(1) Engage in any business or transaction, or have a financial or other personal interest,309
357	357		direct or indirect, which is incompatible with the proper discharge of his or her official310
358	358		duties or which would tend to impair the independence of his or her judgment or action311
359	359		in the performance of his or her official duties;312
360	360		(2) Engage in or accept private employment, or render services for private interests when313
361	361		such employment or service is incompatible with the proper discharge of his or her314
362	362		official duties or would tend to impair the independence of his or her judgment or action315
363	363		in the performance of his or her official duties;316
364	364		(3) Disclose confidential information concerning the property, government or affairs of317
365	365		the governmental body by which he or she is engaged without proper legal authorization318
366	366		or use such information to advance the financial or other private interest of himself or319
367	367		herself or others;320
368	368		(4) Accept any valuable gift, whether in the form of service, loan, thing or promise, from321
369	369		any person, firm or corporation to which his or her knowledge is interested, directly or322
370	370		indirectly, in any manner whatsoever, in business dealings with the governmental body323
371	371		by which he or she is engaged; provided, however, that an elected official who is a324
372	372		candidate for public office may accept campaign contributions and services in connection325
373	373		with any such campaign;326
374	374		(5) Represent other private interests in any action or proceeding against this city or any327
375	375		portion of its government; and328
376	376		(6) Vote or otherwise participate in the negotiation or in the making of any contract with329
377	377		any business or entity in which he or she has financial interest.330
378	378		S. B. 562
379	379		- 14 - 24 LC 47 2899
380	380		(b) Any elected official, appointed officer or employee who has any private financial
381	381		331
382	382		interest, directly or indirectly, in any contract or matter pending before or within any332
383	383		department of the city shall disclose such private interest to the city council. The mayor333
384	384		or any councilmember who has a private interest in any matter pending before the city334
385	385		council shall disclose such private interest and such disclosure shall be entered on the335
386	386		records of the city council, and the mayor or such councilmember shall disqualify himself336
387	387		or herself from participating in any decision or vote relating thereto. Any elected official,337
388	388		appointed officer, or employee of any agency or political entity to which this charter338
389	389		applies who shall have any private financial interest, directly or indirectly, in any contract339
390	390		or matter pending before or within such entity shall disclose such private interest to the340
391	391		governing body of such agency or entity.341
392	392		(c) No elected official, appointed officer, or employee of the city or any agency or entity342
393	393		to which this charter applies shall use property owned by such governmental entity for343
394	394		personal benefit, convenience or profit except in accordance with policies promulgated by344
395	395		the city council or the governing body of such agency or entity.345
396	396		(d) Any violation of this section which occurs with the knowledge, express or implied, of346
397	397		a party to a contract or sale shall render said contract or sale voidable at the option of the347
398	398		city council.348
399	399		(e) Except where authorized by law, neither the mayor nor any councilmember shall hold349
400	400		any other elective or compensated appointive office in the city or otherwise be employed350
401	401		by said government or any agency thereof during the term for which he or she was elected.351
402	402		No former mayor and no former councilmember shall hold any compensated appointive352
403	403		office in the city until one year after the expiration of the term for which he or she was353
404	404		elected.354
405	405		(f) No appointed officer and no employee of the city shall continue in such employment355
406	406		upon qualifying as a candidate for nomination or election to any public office if such356
407	407		continued employment is incompatible with running for such public office.357
408	408		S. B. 562
409	409		- 15 - 24 LC 47 2899
410	410		(g)(1) Any city officer or employee who knowingly conceals such financial interest or
411	411		358
412	412		knowingly violates any of the requirements of this section shall be guilty of malfeasance359
413	413		in office or position and shall be deemed to have forfeited his or her office or position.360
414	414		(2) Any officer or employee of the city who shall forfeit his or her office or position as361
415	415		described in paragraph (1) of this subsection, shall be ineligible for appointment or362
416	416		election to or employment in a position in the city government for a period of three years363
417	417		thereafter.364
418	418		365
419	419		Section 2.15.366
420	420		Inquiries and investigations.367
421	421		The city council may make inquiries and investigations into the affairs of the city and the368
422	422		conduct of any department, office or agency thereof, and for this purpose may subpoena369
423	423		witnesses, administer oaths, take testimony and require the production of evidence. Any370
424	424		person who fails or refuses to obey a lawful order issued in the exercise of these powers by371
425	425		the city council shall be punished as provided by ordinance.372
426	426		Section 2.16. 373
427	427		General power and authority.374
428	428		Except as otherwise provided by the charter, the city council shall be vested with all the375
429	429		powers of government of this city as provided by Article I of this charter.376
430	430		S. B. 562
431	431		- 16 - 24 LC 47 2899
432	432		Section 2.17.
433	433		377
434	434		Eminent domain.378
435	435		The city council is empowered to acquire, construct, operate and maintain public ways,379
436	436		parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,380
437	437		sewers, drains, sewage treatment, water works, electrical systems, gas systems, airports,381
438	438		hospitals and charitable, educational, recreational, sport, curative, corrective, detention, penal382
439	439		and medical institutions, agencies and facilities, and any other public improvements inside383
440	440		or outside the city, and to regulate the use thereof, and for such purposes, property may be384
441	441		condemned under procedures established under general law applicable now or as provided385
442	442		in the future.386
443	443		Section 2.18.387
444	444		Organizational meeting.388
445	445		The city council shall hold an organizational meeting on the first Tuesday at the first regular389
446	446		meeting after January 1 following a regular election each year. The meeting shall be called390
447	447		to order by the city clerk and the oath of office shall be administered to the newly elected391
448	448		members as follows: 392
449	449		'I do swear or affirm that I will faithfully perform the duties of (council member)(mayor)393
450	450		for the City of Pine Lake during my term of office; that I am not the holder of any394
451	451		unaccounted for public money due the State of Georgia or any political subdivision or395
452	452		authority thereof; that I am not the holder of any office of trust under the government of396
453	453		the United States or any other state or any foreign state which I may, by the laws of the397
454	454		State of Georgia, be prohibited from holding; that I am otherwise qualified to hold the398
455	455		office to which I have been elected according to the constitution and laws of Georgia; that399
456	456		I will support the Constitution of the United States and of the State of Georgia; that I am400
457	457		S. B. 562
458	458		- 17 - 24 LC 47 2899
459	459		a resident of the City of Pine Lake; and I will enforce the charter and ordinances of the City
460	460		401
461	461		of Pine Lake to the best of my skill and ability.'402
462	462		Section 2.19. 403
463	463		Regular and special meetings.404
464	464		(a) The city council shall hold regular meetings at such times and places as prescribed by405
465	465		ordinance.406
466	466		(b) Special meetings of the city council may be held on call of the mayor or three members407
467	467		of the city council not including the mayor. Notice of such special meetings shall be served408
468	468		on all other members personally, or by telephone personally, at least 48 hours in advance409
469	469		of the meeting. Such notice to councilmembers shall not be required if the mayor and all410
470	470		councilmembers are present when the special meeting is called. Such notice of any special411
471	471		meeting may be waived by a councilmember in writing before or after such a meeting and412
472	472		attendance at the meeting shall also constitute a waiver of notice on any business transacted413
473	473		in such councilmember's presence. Only the business stated in the call may be transacted414
474	474		at the special meeting.415
475	475		(c) All meetings of the city council shall be public to the extent required by law and notice416
476	476		to the public of special meetings shall be made fully as is reasonably possible two days417
477	477		prior to such meetings.418
478	478		Section 2.20.419
479	479		Procedures.420
480	480		(a) The city council shall adopt its rules of procedure and order of business consistent with421
481	481		the provisions of this charter and shall provide for keeping a journal of its proceedings,422
482	482		which shall be a public record.423
483	483		S. B. 562
484	484		- 18 - 24 LC 47 2899
485	485		(b) All committees and committee chairpersons and officers of the city council shall be
486	486		424
487	487		appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have425
488	488		the power to appoint new members to any committee at any time.426
489	489		Section 2.21. 427
490	490		Quorum; voting.428
491	491		(a) Except as otherwise provided in subsection (b) of this section, three councilmembers,429
492	492		not including the mayor, shall constitute a quorum and shall be authorized to transact the430
493	493		business of the city council. Voting on the adoption of ordinances shall be by voice vote431
494	494		and the vote shall be recorded in the journal, but the mayor or any member of the city432
495	495		council shall have the right to request a roll call vote and such vote shall be recorded in the433
496	496		journal. Except as otherwise provided in this charter, the affirmative vote of three434
497	497		councilmembers shall be required for the adoption of any ordinance, resolution or motion.435
498	498		(b) In the event vacancies in office result in less than a quorum of councilmembers holding436
499	499		office, then the remaining councilmembers in office shall constitute a quorum and shall be437
500	500		authorized to transact business of the city council. A vote of a majority of the remaining438
501	501		councilmembers shall be required for the adoption of any ordinance, resolution or motion.439
502	502		Section 2.22.440
503	503		Ordinance form; procedures.441
504	504		(a) Every proposed ordinance should be introduced in writing and in the form required for442
505	505		final adoption. No ordinance shall contain a subject which is not expressed in its title. The443
506	506		enacting clause shall be 'The Council of the City of Pine Lake hereby ordains... ' and every444
507	507		ordinance shall so begin.445
508	508		S. B. 562
509	509		- 19 - 24 LC 47 2899
510	510		(b) An ordinance may be introduced by any councilmember and be read at a regular or
511	511		446
512	512		special meeting of the city council. Ordinances shall be considered and adopted or rejected447
513	513		by the city council in accordance with the rules which it shall establish; provided, however,448
514	514		that an ordinance shall not be adopted the same day it is introduced, except for emergency449
515	515		ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance,450
516	516		the clerk shall as soon as possible distribute a copy to the mayor and to each451
517	517		councilmember and shall file a reasonable number of copies in the office of the clerk and452
518	518		at such other public places as the city council may designate.453
519	519		(c) The reading of the preamble to an ordinance shall be sufficient to meet the454
520	520		requirements of a 'read' or 'reading.' By affirmative vote of a majority of the city council,455
521	521		a reading of the ordinance in its entirety shall be required.456
522	522		Section 2.23.457
523	523		Action requiring an ordinance or resolution.458
524	524		Permanent acts of the city council which have the force and effect of law shall be enacted by459
525	525		ordinance. Acts of a temporary nature may be enacted by resolution.460
526	526		Section 2.24.461
527	527		Emergencies.462
528	528		To meet a public emergency affecting life, health, property or public peace, the city council463
529	529		may convene on call of the mayor or three councilmembers and promptly adopt an464
530	530		emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a465
531	531		franchise; regulate the rate charged by any public utility for its services; or authorize the466
532	532		borrowing of money except for loans to be repaid within 30 days. An emergency ordinance467
533	533		shall be introduced in the form prescribed for ordinances generally, except that it shall be468
534	534		S. B. 562
535	535		- 20 - 24 LC 47 2899
536	536		plainly designated as an emergency ordinance and shall contain, after the enacting clause,
537	537		469
538	538		a declaration stating that an emergency exists, and describing the emergency in clear and470
539	539		specific terms. An emergency ordinance may be adopted, with or without amendment, or471
540	540		rejected at the meeting at which it is introduced, but the affirmative vote of at least three472
541	541		councilmembers shall be required for adoption. It shall become effective upon adoption or473
542	542		at such later time as it may specify. Every emergency ordinance shall automatically stand474
543	543		repealed 30 days following the date upon which it was adopted, but this shall not prevent475
544	544		reenactment of the ordinance in the manner specified in this section if the emergency476
545	545		continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing477
546	546		ordinance in the same manner specified in this section for adoption of emergency ordinances.478
547	547		Section 2.25.479
548	548		Codes of technical regulations.480
549	549		(a) The city council may adopt any standard code of technical regulations by reference481
550	550		thereto in an adopting ordinance. The procedure and requirements governing such482
551	551		adopting ordinance shall be as prescribed for ordinances generally except that:483
552	552		(1) The requirements of subsection (b) of Section 2.22 of this charter for distribution and484
553	553		filing of copies of the ordinance shall be construed to include copies of any code of485
554	554		technical regulations, as well as the adopting ordinance; and486
555	555		(2) A copy of each adopted code of technical regulations, as well as the adopting487
556	556		ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26 of488
557	557		this charter.489
558	558		(b) Copies of any adopted code of technical regulations shall be made available by the city490
559	559		clerk for review, for distribution or for purchase at a reasonable price.491
560	560		S. B. 562
561	561		- 21 - 24 LC 47 2899
562	562		Section 2.26.
563	563		492
564	564		Signing; authenticating; recording; codification; printing.493
565	565		(a) The city clerk shall authenticate by his or her signature and record in full in a properly494
566	566		indexed book kept for that purpose, all ordinances adopted by the council.495
567	567		(b) The city council shall provide for the preparation of a general codification of all the496
568	568		ordinances of the city having the force and effect of law. The general codification shall be497
569	569		adopted by the city council by ordinance and shall be published promptly, together with498
570	570		all amendments thereto and such codes of technical regulations and other rules and499
571	571		regulations as the city council may specify. This compilation shall be known and cited500
572	572		officially as 'The Code of the City of Pine Lake, Georgia.' Copies of the code shall be501
573	573		furnished to all officers, departments and agencies of the city, and made available for502
574	574		purchase by the public at a reasonable price as fixed by the city council.503
575	575		(c) The city council shall cause each ordinance and each amendment to this charter to be504
576	576		printed promptly following its adoption, and the printed ordinances and charter505
577	577		amendments shall be made available for review by the public without cost and for purchase506
578	578		by the public at reasonable prices to be fixed by the city council. Following publication507
579	579		of the first code under this charter and at all times thereafter, the ordinances and charter508
580	580		amendments shall be printed in substantially the same style as the code then in effect and509
581	581		shall be suitable in form for incorporation within the code. The city council shall make510
582	582		such further arrangements as deemed desirable with reproduction and distribution of any511
583	583		changes in or additions to codes of technical regulations and other rules and regulations512
584	584		included in the code.513
585	585		S. B. 562
586	586		- 22 - 24 LC 47 2899
587	587		Section 2.27.
588	588		514
589	589		City manager; appointment; qualifications; compensation; removal.515
590	590		The mayor shall appoint a city manager, subject to confirmation by the city council. The516
591	591		mayor and city council shall fix the city manager's compensation. The city manager shall517
592	592		be appointed solely on the basis of that person's administrative, executive, and professional518
593	593		qualifications. Except as otherwise provided by this charter or by law, the city manager shall519
594	594		not be subject to termination or removal by the mayor or the city council acting alone, but520
595	595		only upon a majority vote of the mayor and city council at a regularly scheduled meeting.521
596	596		Section 2.28.522
597	597		Powers and duties of the city manager.523
598	598		The city manager shall be the chief administrative and executive officer of the city. The city524
599	599		manager shall report to the mayor and be responsible to the city council for the525
600	600		administration of all city affairs placed in the city manager's charge by or under this charter.526
601	601		As the chief executive and administrative officer, the city manager shall:527
602	602		(1) Appoint and, when the city manager deems it necessary for the good of the city,528
603	603		suspend or remove any city employee and administrative officers the city manager529
604	604		appoints, except as otherwise provided by law or personnel ordinances adopted pursuant530
605	605		to this charter. The city manager shall authorize any administrative officer who is subject531
606	606		to the city manager's direction and supervision to exercise these powers with respect to532
607	607		subordinates in that officer's department, office, or agency;533
608	608		(2) Direct and supervise the administration and operation of all departments, offices, and534
609	609		agencies of the city, except as otherwise provided by this charter or by law;535
610	610		(3) Shall serve as the director of administration; or delegate such responsibility to any536
611	611		administrative officer under the city manager's supervision;537
612	612		S. B. 562
613	613		- 23 - 24 LC 47 2899
614	614		(4) Attend all city council meetings, except for closed meetings held for the purposes of
615	615		538
616	616		deliberating on the appointment, discipline, or removal of the city manager or held for the539
617	617		purpose of receiving legal advice regarding the city manager, and have the right to take540
618	618		part in discussion, but the city manager may not vote;541
619	619		(5) Perform the general duties of treasurer, accountant, and fiscal officer;542
620	620		(6) See that all laws, provisions of this charter, and acts of the city council, subject to543
621	621		enforcement by the city manager or by officers subject to the city manager's direction and544
622	622		supervision, are faithfully executed;545
623	623		(7) Prepare and submit to the city council a recommended operating budget and546
624	624		recommended capital budget;547
625	625		(8) Submit to the city council and make available to the public, at least annually, a548
626	626		statement covering the financial condition of the city and a report on the administrative549
627	627		activities of the city as of the end of each fiscal year;550
628	628		(9) Make such other reports as the city council may require concerning the operations551
629	629		of the city departments, offices, and agencies subject to the city manager's direction and552
630	630		supervision;553
631	631		(10) Keep the city council advised as to the financial condition and future needs of the554
632	632		city, and make such recommendations to the city council concerning the affairs of the city555
633	633		as the city manager deems desirable;556
634	634		(11) Provide council with an organizational chart that identifies all directors and the557
635	635		departments of city government that have been legally activated;558
636	636		(12) Be responsible for the administration of court service operations, maintenance of559
637	637		municipal court records and collection of fines as established by ordinance and state law;560
638	638		and561
639	639		(13) Perform other such duties as are specified in this charter or as may be required by562
640	640		the city council.563
641	641		S. B. 562
642	642		- 24 - 24 LC 47 2899
643	643		Section 2.29.
644	644		564
645	645		Acting city manager.565
646	646		By letter filed with the city clerk, the city manager shall designate, subject to the approval566
647	647		of council, a qualified city administrative officer to exercise the powers and perform the567
648	648		duties of city manager during the city manager's temporary absence of 30 days or less.568
649	649		During such absence, the city council may revoke such designation at any time and appoint569
650	650		another officer of the city to serve until the city manager shall return. In the case of570
651	651		permanent absence or removal of the city manager, the city council shall have the authority571
652	652		to appoint or to designate an acting city manager and to affix the acting city manager's572
653	653		compensation. The acting city manager shall be appointed or designated solely on the basis573
654	654		of that person's administrative, executive, and professional qualifications.574
655	655		Section 2.30.575
656	656		Council's interference with administration.576
657	657		Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the577
658	658		city council or its members shall deal with city officers and employees who are subject to the578
659	659		direction and supervision of the city manager solely through the city manager, and neither579
660	660		the city council nor its members shall give orders to any such officer or employee, either580
661	661		publicly or privately.581
662	662		S. B. 562
663	663		- 25 - 24 LC 47 2899
664	664		Section 2.31.
665	665		582
666	666		Powers and duties of mayor.583
667	667		The mayor shall:584
668	668		(1) Preside at meetings of mayor and council and have the right to take part in the585
669	669		deliberations of the city council, but shall not vote on any question except in the case of586
670	670		a tie;587
671	671		(2) Serve as head of the city for the purpose of service of process and for ceremonial588
672	672		purposes and be the official spokesperson for the city and the chief advocate of policy.589
673	673		(3) Have power to administer oaths and to take affidavits;590
674	674		(4) Sign as a matter of course on behalf of the city all written and approved contracts,591
675	675		ordinances, and other instruments executed by the city which by law are required to be592
676	676		in writing;593
677	677		(5) Have veto power pursuant to Section 2.33 of this charter;594
678	678		(6) Call special meetings of the city council as provided for in subsection (b) of595
679	679		Section 2.19 of this charter;596
680	680		(7) Sign all checks for the payment of approved money owed by the city;597
681	681		(8) Approve or disapprove ordinances as provided in Section 2.33 of this charter;598
682	682		(9) Perform such other duties as may be required by law, this charter, or ordinance.599
683	683		Section 2.32.600
684	684		Limitation on terms of service.601
685	685		No mayor elected and qualified for two terms shall be eligible to serve as mayor for the602
686	686		succeeding term.603
687	687		S. B. 562
688	688		- 26 - 24 LC 47 2899
689	689		Section 2.33.
690	690		604
691	691		Submission of ordinances to the mayor; veto power.605
692	692		(a) Every ordinance adopted by the city council shall be presented by the city clerk to the606
693	693		mayor.607
694	694		(b) The mayor shall within ten days of receipt of an ordinance return it to the city clerk608
695	695		with or without his or her approval, or with his or her disapproval. If the ordinance is609
696	696		neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar610
697	697		day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city611
698	698		council through the city clerk a written statement of his or her reasons for the veto. The612
699	699		city clerk shall record upon the ordinance the date of its delivery to and receipt from the613
700	700		mayor.614
701	701		(c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council615
702	702		at its next regular meeting and shall become law if the city council then or at its next616
703	703		regular meeting adopts the ordinance by an affirmative vote of a supermajority of those617
704	704		present and voting. For purposes of overriding a veto by the mayor, the mayor shall not618
705	705		vote in the case of a tie.619
706	706		(d) The mayor may disapprove or reduce any item or items of appropriation in any620
707	707		ordinance. The approved part or parts of ordinance making appropriations shall become621
708	708		law, and the part or parts disapproved shall not become law unless subsequently passed by622
709	709		the city council over the mayor's veto as provided herein. The reduced part or parts shall623
710	710		be presented to city council as though disapproved and shall become law unless overridden624
711	711		by the council as provided in subsection (c) of this section.625
712	712		S. B. 562
713	713		- 27 - 24 LC 47 2899
714	714		Section 2.34.
715	715		626
716	716		Mayor pro tempore; selection; duties.627
717	717		By a majority vote of all its member, the city council shall elect a councilmember to serve628
718	718		as mayor pro tempore who shall serve at the pleasure of the council. Such election shall629
719	719		occur at the first organizational meeting after each regular election. When the mayor pro630
720	720		tempore is temporarily serving as mayor and is presiding at meetings of the city council, the631
721	721		mayor pro tempore shall retain the right to vote as a member of the city council. During the632
722	722		absence of the mayor for any cause, the mayor pro tempore of the city council shall be633
723	723		clothed with all the rights and privileges of the mayor so long as such absence shall continue.634
724	724		The mayor pro tempore shall sign all contracts and ordinances for which the mayor has a635
725	725		disqualifying financial interest as provided in Section 2.14 of this charter.636
726	726		ARTICLE III.637
727	727		ADMINISTRATIVE AFFAIRS638
728	728		Section 3.10.639
729	729		Administrative and service departments.640
730	730		(a) Except as otherwise provided in this charter, the city council by ordinance shall641
731	731		prescribe the functions or duties and establish, abolish, or alter all nonelective offices as642
732	732		necessary for proper administration of the affairs and government of the city.643
733	733		(b) Except as otherwise provided by this charter or by law, the directors of departments644
734	734		and other appointed officers of the city shall be appointed solely on the basis of their645
735	735		respective administrative and professional qualifications.646
736	736		(c) All appointed officers and directors of departments shall receive such compensation647
737	737		as prescribed by the budget adopted by the city council.648
738	738		S. B. 562
739	739		- 28 - 24 LC 47 2899
740	740		(d) There shall be a director of each department. Each director shall be subject to the
741	741		649
742	742		direction and supervision of the city manager and shall be responsible for the650
743	743		administration, the affairs, and the operation of the director's department. The city manager651
744	744		may serve as director of a department. An individual may serve as director of more than652
745	745		one department.653
746	746		(e) All directors under the supervision of the city manager shall be recommended by the654
747	747		city manager for appointment by the city council and may be suspended or terminated by655
748	748		the city manager. The director involved may appeal to the city council within five calendar656
749	749		days of the suspension or termination. After a hearing, the council may override the city657
750	750		manager's action by the affirmative vote of a majority of councilmembers present and658
751	751		voting. In the event of a tie, the mayor may vote to break the tie. The following659
752	752		administrative officers shall not be considered 'directors' whom the city manager may660
753	753		suspend or remove under this section: city attorney, city manager and city clerk; the661
754	754		foregoing administrative officers shall only be subject to removal as otherwise allowed662
755	755		under this charter or by law. Acting directors may serve until a quorum of the city council663
756	756		affirmatively requests a permanent director to be appointed, subject to regular city council664
757	757		approval. All other appointed directors shall be employees at will unless otherwise provide665
758	758		by law or ordinance.666
759	759		Section 3.11.667
760	760		Boards, commissions and authorities.668
761	761		(a) The city council shall create by ordinance or resolution such boards, commissions and669
762	762		authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city670
763	763		council deems necessary, and shall by ordinance or resolution establish the composition,671
764	764		period of existence duties and powers thereof.672
765	765		S. B. 562
766	766		- 29 - 24 LC 47 2899
767	767		(b) All members of boards, commissions and authorities of the city shall be appointed by
768	768		673
769	769		the city council for such terms of office and in such manner as shall be provided by674
770	770		ordinance or resolution, except where other appointing authority, terms of office or manner675
771	771		of appointment is prescribed by this charter or by law.676
772	772		(c) The city council, by ordinance or resolution, may provide for the compensation and677
773	773		reimbursement for actual and necessary expenses of the members of any board,678
774	774		commission or authority.679
775	775		(d) Except as otherwise provided by charter, by ordinance or by other law, no member of680
776	776		any board, commission or authority shall hold any elective office in the city.681
777	777		(e) Any vacancy on a board, commission, or authority of the city shall be filled for the682
778	778		unexpired term in the manner prescribed for the original appointment, except as otherwise683
779	779		provided by this charter, by ordinance or by other law.684
780	780		(f) No member of a board, commission or authority shall assume office until such member685
781	781		has executed and filed with the clerk of the city an oath obligating to perform faithfully and686
782	782		impartially the duties of his or her office, such oath to be prescribed by ordinance and687
783	783		administered by the mayor.688
784	784		(g) Any member of a board, commission or authority may be removed from office for689
785	785		cause by an affirmative vote of three members of the city council.690
786	786		(h) Except as otherwise provided by this charter or by law, each board, commission or691
787	787		authority of the city shall elect one of its members as chairperson and one member as692
788	788		vice-chairperson, and may elect as its secretary one of its members or may appoint as693
789	789		secretary an employee of the city. Each board, commission or authority of the city694
790	790		government may establish such bylaws, rules and regulations, not inconsistent with this695
791	791		charter, an ordinance of the city, or law, as it deems appropriate and necessary for the696
792	792		fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules and697
793	793		regulations shall be filed with the clerk of the city.698
794	794		S. B. 562
795	795		- 30 - 24 LC 47 2899
796	796		Section 3.12.
797	797		699
798	798		City attorney.700
799	799		The city council shall appoint a city attorney, subject to confirmation by city council,701
800	800		together with such assistant city attorneys as may be authorized, and shall provide for the702
801	801		payment of such attorney or attorneys for services rendered to the city. The city attorney703
802	802		shall be responsible for representing and defending the city in all litigation in which the city704
803	803		is a party; may be the prosecuting officer in the municipal court; shall attend the meetings705
804	804		of the council as directed; shall advise the city council, mayor, city manager and other706
805	805		officers and employees of the city concerning legal aspects of the city's affairs; and shall707
806	806		perform such other duties as may be required of him or her by virtue of such person position708
807	807		as city attorney. Except as otherwise provided by this charter or by law, the city attorney709
808	808		shall be subject to termination or removal by a majority vote of the city council at a regularly710
809	809		scheduled meeting. The city manager, as chief executive officer of the city, shall use the711
810	810		city's administrative resources to identify candidates and to present recommendations to the712
811	811		city council as to appointment of a city attorney. The recommendation of the manager is713
812	812		subject to confirmation by the city council. The city attorney shall be responsible for714
813	813		reviewing and approving all contracts, pursuant to related ordinances. The city attorney shall715
814	814		provide legal advice to the mayor, city council, city manager, chief of police and the city716
815	815		clerk upon request of the mayor or city manager except on issues germane to investigations717
816	816		of the mayor, whereby authority is given to the mayor pro tempore.718
817	817		Section 3.13.719
818	818		City clerk.720
819	819		The city council shall appoint a city clerk who shall not be a member of the city council. The721
820	820		city clerk shall be the custodian of the official city seal; maintain city council records722
821	821		S. B. 562
822	822		- 31 - 24 LC 47 2899
823	823		required by this charter; and perform such other duties as may be required by the city council
824	824		723
825	825		and as are imposed upon that officer by state law. Except as otherwise provided in this724
826	826		charter or by law, the city clerk shall not be subject to termination or removal by the mayor725
827	827		or the city council acting alone, but only upon the majority vote of the mayor and a726
828	828		concurring majority of the city council sitting at a regularly scheduled meeting of the city727
829	829		council. In the event that an appointment is not made to the city clerk position, the city728
830	830		manager shall serve as city clerk.729
831	831		Section 3.14.730
832	832		Administrative affairs.731
833	833		(a) The mayor shall acknowledge the city manager's recommendation of an auditor and732
834	834		such recommendation shall be subject to confirmation by the city council. The auditor733
835	835		shall be responsible for auditing and annual revenues and expenditures pursuant to state734
836	836		and federal law such recommendation shall be subject to confirmation by the city council.735
837	837		The auditor shall be responsible for auditing and annual revenues and expenditures736
838	838		pursuant to state and federal law.737
839	839		(b) The city manager shall solicit bids and proposals for city auditing service once every738
840	840		three years and shall review those bids and make a recommendation to the mayor and739
841	841		council for the purposes of the appointment of the city auditor.740
842	842		(c) The city manager shall solicit bids and proposals for legal services by a qualified741
843	843		municipal attorney at least once every five years and shall review those bids and make a742
844	844		recommendation to the mayor and council for the purpose of the appointment of the city743
845	845		attorney.744
846	846		S. B. 562
847	847		- 32 - 24 LC 47 2899
848	848		Section 3.15.
849	849		745
850	850		Chief of police.746
851	851		The city council shall appoint a chief of police by majority vote of the council. The chief of747
852	852		police and officers under his or her command shall be responsible for the direct enforcement748
853	853		of all city ordinances and laws as defined by the city charter and the State of Georgia. The749
854	854		chief of police shall also perform the duties of city marshal to levy all executions in favor of750
855	855		the city for taxes, fines, assessments or other pecuniary demands and to advertise and sell751
856	856		property levied on, real or personal, for the satisfaction of taxes, assessments or fines in752
857	857		accordance with the laws of the State of Georgia governing sheriff's sales. The chief of753
858	858		police shall have the authority which now vests in the sheriffs of this state to place purchasers754
859	859		of said property in possession.755
860	860		Section 3.16.756
861	861		Position classification and pay plans.757
862	862		The city manager shall be responsible for the preparation of a position classification and pay758
863	863		plan which shall be submitted to the city council for approval. Such plan may apply to all759
864	864		employees of the city and any of its agencies, departments, boards, commissions or760
865	865		authorities. When a pay plan has been adopted, the city council shall not increase or decrease761
866	866		the salary range applicable to any position except by amendment of such pay plan. For762
867	867		purposes of this section, all elected and appointed city officials are not city employees.763
868	868		Section 3.18.764
869	869		Personnel policies.765
870	870		The city council shall adopt rules and regulations consistent with this charter concerning:766
871	871		S. B. 562
872	872		- 33 - 24 LC 47 2899
873	873		(1) Hours of work, vacation, sick leave and other leaves of absence, overtime pay and
874	874		767
875	875		the order and manner in which layoffs shall be effected;768
876	876		(2) Such dismissal hearings as due process may require; and769
877	877		(3) Such other personnel policies and notices as may be necessary to provide for the770
878	878		adequate and systematic handling of personnel affairs.771
879	879		ARTICLE IV.772
880	880		JUDICIAL BRANCH773
881	881		Section 4.10.774
882	882		Creation; name.775
883	883		There shall be a court to be known as the Municipal Court of the City of Pine Lake, Georgia.776
884	884		Section 4.11.777
885	885		Judges.778
886	886		(a) The municipal court shall be presided over by a chief judge and such part-time,779
887	887		full-time or stand-by judges as shall be provided by ordinance. The method of selection780
888	888		and terms of such judges shall be provided for by ordinance.781
889	889		(b) No person shall be qualified or eligible to serve as a judge on the municipal court782
890	890		unless he or she shall have attained the age of 21 years and shall be a member of the State783
891	891		Bar of Georgia. All judges shall be appointed by the city council.784
892	892		(c) Compensation of the judges shall be fixed by ordinance.785
893	893		(d) Judges may be removed for cause by a vote of three members of the city council.786
894	894		(e) Before assuming office, each judge shall take an oath, given by the mayor, that he or787
895	895		he will honestly and faithfully discharge the duties of his or her office to the best of his or788
896	896		S. B. 562
897	897		- 34 - 24 LC 47 2899
898	898		her ability and without fear, favor or partiality. The oath shall be entered upon the minutes
899	899		789
900	900		of the city council journal required by Section 2.20 of this charter.790
901	901		Section 4.12.791
902	902		Convening of court.792
903	903		The municipal court shall be convened at regular intervals as provided by ordinance.793
904	904		Section 4.13.794
905	905		Jurisdiction; powers.795
906	906		(a) The municipal court shall try and punish violations of this charter, all city ordinances796
907	907		and such other violations as provided by law.797
908	908		(b) The municipal court shall have authority to punish those in its presence for contempt,798
909	909		provided that such punishment shall not exceed a fine of $200.00 or ten days in jail.799
910	910		(c) The municipal court may fix punishment for offenses within its sole jurisdiction not800
911	911		exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and801
912	912		imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as802
913	913		now or hereafter provided by law and may impose any punishment up to the maximums803
914	914		specified by general law for offenses with its concurrent jurisdiction. The jailer of DeKalb804
915	915		County is required to receive all such prisoners delivered to him or her by the municipal805
916	916		court.806
917	917		(d) The municipal court shall have authority to establish a schedule of fees to defray the807
918	918		cost of operation and shall be entitled to reimbursement of the actual cost of meals,808
919	919		transportation and caretaking of prisoners bound over to superior courts for violations of809
920	920		state law.810
921	921		S. B. 562
922	922		- 35 - 24 LC 47 2899
923	923		(e) The municipal court shall have authority to establish bail and recognizances to ensure
924	924		811
925	925		the presence of those charged with violations before said court and shall have discretionary812
926	926		authority to accept cash or personal or real property as surety for the appearance of persons813
927	927		charged with violations. When any person shall give bail for appearance and shall fail to814
928	928		appear at the time fixed for trial, such person's bond shall be forfeited by the judge815
929	929		presiding at such time, and an execution issued thereon by serving the defendant and the816
930	930		defendant's sureties with a rule nisi at least two days before a hearing on the rule nisi. In817
931	931		the event that cash or property is accepted in lieu of bond for security for the appearance818
932	932		of a defendant at trial and if such defendant fails to appear at the time and place fixed for819
933	933		trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or820
934	934		the property so deposited shall have lien against it for the value forfeited, which lien shall821
935	935		be enforceable in the same manner and to the same extent as a lien for city property taxes.822
936	936		(f) The municipal court shall have the same authority as superior courts to compel the823
937	937		production of evidence in the possession of any party; to enforce obedience to its orders,824
938	938		judgments and sentences; and to administer such oaths as are necessary.825
939	939		(g) The municipal court shall have the authority to bind prisoners over to the appropriate826
940	940		court when it appears by probable cause that state law has been violated.827
941	941		(h) Each judge of the municipal court may compel the presence of all parties necessary to828
942	942		a proper disposal of each case by the issuance of summonses, subpoenas and warrants829
943	943		which may be served as executed by any officer as authorized by this charter or by law.830
944	944		(i) Each judge of the municipal court shall be authorized to issue warrants for the arrest831
945	945		of persons charged with offenses against any ordinance of the city, and each judge of the832
946	946		municipal court shall have the same authority as a magistrate of the state to issue warrants833
947	947		for offenses against state laws committed within the city.834
948	948		(j) The municipal court is specifically vested with all the jurisdiction and powers835
949	949		throughout the geographic area of this city granted by law to municipal courts and836
950	950		S. B. 562
951	951		- 36 - 24 LC 47 2899
952	952		particularly by such laws as authorize the abatement of nuisances and prosecution of traffic
953	953		837
954	954		violations.838
955	955		(k) The chief municipal court judge shall perform such other duties as required for proper839
956	956		administration of the municipal court.840
957	957		Section 4.14.841
958	958		Appeal.842
959	959		The right of certiorari or appeal from the decision and judgment of the municipal court shall843
960	960		exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained844
961	961		under the sanction of a judge of the superior court of DeKalb County, under the laws of the845
962	962		State of Georgia regulating the granting and issuance of writs of certiorari or appeals from846
963	963		municipal courts.847
964	964		Section 4.15.848
965	965		Rules for court.849
966	966		With the approval of the city council, the judge shall have full power and authority to make850
967	967		reasonable rules and regulations necessary and proper to secure the efficient and successful851
968	968		administration of the municipal court; provided, however, that the city council may adopt in852
969	969		part or in toto the rules and regulations applicable to superior courts. The rules and853
970	970		regulations made or adopted shall be filed with the city clerk, shall be available for public854
971	971		inspection, and, upon request, shall be furnished to all defendants in municipal court855
972	972		proceedings at least 48 hours prior to said proceedings.856
973	973		S. B. 562
974	974		- 37 - 24 LC 47 2899
975	975		ARTICLE V.
976	976		857
977	977		ELECTIONS AND REMOVAL858
978	978		Section 5.10.859
979	979		Applicability of general law.860
980	980		All primaries and elections shall be held and conducted in accordance with the Constitution861
981	981		and general laws of the State of Georgia.862
982	982		Section 5.11.863
983	983		Election of the city council and mayor.864
984	984		(a) There shall be a municipal general election on the first Tuesday next following the first865
985	985		Monday in November.866
986	986		(b) There shall be elected the mayor and two councilmembers at one election and at every867
987	987		other election thereafter. The remaining city council seats shall be filled at the election868
988	988		alternating with the first election so that a continuing body is created as provided for in the869
989	989		initial election held under this charter pursuant to Section 7.12 of this charter.870
990	990		Section 5.12.871
991	991		Nonpartisan elections.872
992	992		873
993	993		Political parties shall not conduct primaries for city offices and all names of candidates for874
994	994		city offices shall be listed without party designations.875
995	995		S. B. 562
996	996		- 38 - 24 LC 47 2899
997	997		Section 5.13.
998	998		876
999	999		Election by plurality.877
1000	1000		The person receiving a plurality of the votes cast for any city office shall be elected.878
1001	1001		Section 5.14.879
1002	1002		Special elections; vacancies.880
1003	1003		In the event that the office of mayor or councilmember shall become vacant, the city council881
1004	1004		or those remaining shall order a special election to fill the balance of the unexpired term of882
1005	1005		such official; provided, however, that if such vacancy occurs within 12 months of the883
1006	1006		expiration of the term of that office, the city council or those remaining shall appoint a884
1007	1007		successor for the remainder of the term. In all other respects, the special election shall be885
1008	1008		held and conducted in accordance with applicable general state law as now or hereafter886
1009	1009		amended.887
1010	1010		Section 5.15.888
1011	1011		Other provisions.889
1012	1012		Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe890
1013	1013		such rules and regulations it deems appropriate to fulfill any options and duties under general891
1014	1014		state law.892
1015	1015		S. B. 562
1016	1016		- 39 - 24 LC 47 2899
1017	1017		Section 5.16.
1018	1018		893
1019	1019		Removal of officers.894
1020	1020		(a) The mayor, councilmembers or other appointed officers provided for in this charter895
1021	1021		shall be removed from office for any one or more of the following causes:896
1022	1022		(1) Incompetence, misfeasance or malfeasance in office;897
1023	1023		(2) Conviction of a crime involving moral turpitude;898
1024	1024		(3) Failure at any time to possess any of the qualifications of office as provided by this899
1025	1025		charter or by law;900
1026	1026		(4) Knowingly violating any express prohibition of this charter;901
1027	1027		(5) Abandonment of office or neglect to perform the duties thereof;902
1028	1028		(6) Failure for any other cause to perform the duties of office as required by this charter903
1029	1029		or by state law.904
1030	1030		(b)(1) Following a charge against an elected official upon one or more of the grounds905
1031	1031		listed in subparagraph (a) of this section, the elected official shall be notified of the906
1032	1032		charges in writing. The city council, without participation by any charged member, shall907
1033	1033		appoint a committee consisting of five citizens who are not elected officials to conduct908
1034	1034		an investigation of the charges and said commission shall issue a report of its findings to909
1035	1035		the mayor and city council within ten days of its appointment. The elected official910
1036	1036		charged shall have a right to a public hearing before the city council to be held within ten911
1037	1037		days of receipt by the mayor and city council of the report from the citizens committee.912
1038	1038		The charged elected official shall have the right of counsel, the right to examine913
1039	1039		witnesses, and the power to subpoena persons or physical evidence. Any elected officer914
1040	1040		sought to be removed from office as herein provided shall have the right of appeal from915
1041	1041		the decision of the city council to the Superior Court of DeKalb County. Such appeal916
1042	1042		shall be governed by the same rules as govern appeals to the superior court from the917
1043	1043		probate court; or918
1044	1044		S. B. 562
1045	1045		- 40 - 24 LC 47 2899
1046	1046		(2) By petition of recall by the electors of the City of Pine Lake, as provided for by the
1047	1047		919
1048	1048		laws of the State of Georgia.920
1049	1049		(c) Any mayor or councilmember of the city who shall forfeit his or her office as described921
1050	1050		in paragraphs (a) and (b) of this section shall be ineligible for appointment or election for922
1051	1051		any office in the city government.923
1052	1052		ARTICLE VI.924
1053	1053		FINANCE925
1054	1054		Section 6.10.926
1055	1055		Property tax.927
1056	1056		The city council may assess, levy and collect an ad valorem tax on all real and personal928
1057	1057		property within the corporate limits of the city that is subject to such taxation by the state and929
1058	1058		county. This tax is for the purpose of raising revenues to defray the costs of operating the930
1059	1059		city government, of providing governmental services, for the repayment of principal and931
1060	1060		interest on general obligations, and for any other public purpose as determined by the city932
1061	1061		council in its discretion.933
1062	1062		Section 6.11.934
1063	1063		Millage rate; due dates; payment methods.935
1064	1064		The city council by ordinance shall establish a millage rate for the city property tax, a due936
1065	1065		date, and the time period within which these taxes must be paid. The city council by937
1066	1066		ordinance may provide for the payment of these taxes by installments or in one lump sum,938
1067	1067		as well as authorize the voluntary payment of taxes prior to the time when due.939
1068	1068		S. B. 562
1069	1069		- 41 - 24 LC 47 2899
1070	1070		Section 6.12.
1071	1071		940
1072	1072		Occupation and business taxes.941
1073	1073		The city council by ordinance shall have the power to levy such occupation or business taxes942
1074	1074		as are not denied by law. Such taxes may be levied on both individuals and corporations who943
1075	1075		transact business in this city or who practice or offer to practice any profession or calling to944
1076	1076		the extent such persons have a constitutionally sufficient nexus to this city to be so taxed.945
1077	1077		The city council may classify businesses, occupations, professions or callings for the purpose946
1078	1078		of such taxation in any way which may be lawful and may compel the payment of such taxes947
1079	1079		as provided in Section 6.18 of this charter.948
1080	1080		Section 6.13.949
1081	1081		Licenses; permits; fees.950
1082	1082		The city council by ordinance shall have the power to require any individual or corporation951
1083	1083		who transacts business in this city or who practices or offers to practice any profession or952
1084	1084		calling therein to obtain a license or permit for such activity from the city and pay a953
1085	1085		reasonable fee for such license or permit where such activities are not now regulated by954
1086	1086		general law in such a way as to preclude city regulations. Such fees may reflect the total cost955
1087	1087		to the city of regulating the activity, and if unpaid, shall be collected as provided in956
1088	1088		Section 6.18 of this charter. The city council by ordinance may establish reasonable957
1089	1089		requirements for obtaining or keeping such licenses as the public health, safety and welfare958
1090	1090		necessitate.959
1091	1091		S. B. 562
1092	1092		- 42 - 24 LC 47 2899
1093	1093		Section 6.14.
1094	1094		960
1095	1095		Franchises.961
1096	1096		The city council shall have the power to grant franchises for the use of this city's streets and962
1097	1097		alleys for the purposes of railroads, street railways, telephone companies, electric companies,963
1098	1098		cable television companies, gas companies, transportation companies and other similar964
1099	1099		organizations. The city council shall determine the duration, terms, whether the same shall965
1100	1100		be exclusive or nonexclusive, and the consideration of such franchises; provided, however,966
1101	1101		that no franchise shall be granted for a period in excess of 35 years and no franchise shall be967
1102	1102		granted unless the city receives just and adequate compensation therefor. The city council968
1103	1103		may provide by ordinance for the registration within a reasonable time of all franchises969
1104	1104		previously granted.970
1105	1105		Section 6.15.971
1106	1106		Service charges.972
1107	1107		The city council by ordinance shall have the power to assess and collect fees, charges, and973
1108	1108		tolls for sewers, sanitary and health services, or any other services provided or made974
1109	1109		available inside and outside the corporate limits of the city for the total cost to the city of975
1110	1110		providing or making available such services. If unpaid, such charges shall be collected as976
1111	1111		provided in Section 6.18 of this charter.977
1112	1112		Section 6.16.978
1113	1113		Special assessments.979
1114	1114		The city council by ordinance shall have the power to assess, charge, and collect the cost of980
1115	1115		constructing, reconstructing, widening or improving any public way, street, sidewalk,981
1116	1116		S. B. 562
1117	1117		- 43 - 24 LC 47 2899
1118	1118		curbing, gutters, sewers or other utility mains and appurtenances from the abutting property
1119	1119		982
1120	1120		owners under such terms and conditions as are reasonable. If unpaid, such charges shall be983
1121	1121		collected as provided in Section 6.18 of this charter.984
1122	1122		Section 6.17.985
1123	1123		Construction; other taxes.986
1124	1124		This city shall be empowered to levy any other tax allowed now or hereafter by law, and the987
1125	1125		specific mention of any right, power or authority in this article shall not be construed as988
1126	1126		limiting in any way the general powers of this city to govern its local affairs.989
1127	1127		Section 6.18.990
1128	1128		Collection of delinquent taxes.991
1129	1129		The city council by ordinance may provide generally for the collection of delinquent taxes,992
1130	1130		fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by993
1131	1131		whatever reasonable means as are not precluded by law. This shall include providing for the994
1132	1132		dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi.995
1133	1133		fas., creation and priority of liens, making delinquent taxes and fees personal debts of the996
1134	1134		persons required to pay the taxes or fees imposed, revoking city licenses for failure to pay997
1135	1135		any city taxes or fees, and providing for the assignment or transfer of tax executions.998
1136	1136		Section 6.19.999
1137	1137		Borrowing.1000
1138	1138		The city council shall have the power to issue bonds for the purpose of raising revenue to1001
1139	1139		carry out any project, program or venture authorized under this charter or the laws of the1002
1140	1140		S. B. 562
1141	1141		- 44 - 24 LC 47 2899
1142	1142		state. Such bonding authority shall be exercised in accordance with the laws governing bond
1143	1143		1003
1144	1144		issuance by municipalities in effect at the time said issue is undertaken.1004
1145	1145		Section 6.20.1005
1146	1146		Revenue bonds.1006
1147	1147		Revenue bonds may be issued by the city council as state law now or hereafter provides.1007
1148	1148		Such bonds are to be paid out of any revenue produced by the project, program or venture1008
1149	1149		for which they were issued.1009
1150	1150		Section 6.21.1010
1151	1151		Loans.1011
1152	1152		1012
1153	1153		The city may obtain short-term loans and must repay such loans not later than December 311013
1154	1154		of each year, unless otherwise provided by law.1014
1155	1155		Section 6.22.1015
1156	1156		Accounting and budgeting.1016
1157	1157		The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the1017
1158	1158		budget year and the year for financial accounting and reporting of each and every office,1018
1159	1159		department, agency and activity of the city government.1019
1160	1160		S. B. 562
1161	1161		- 45 - 24 LC 47 2899
1162	1162		Section 6.23.
1163	1163		1020
1164	1164		Budget ordinance.1021
1165	1165		The city council shall provide an ordinance on the procedures and requirements for the1022
1166	1166		preparation and execution of an annual operating budget, a capital improvement program,1023
1167	1167		and a capital budget, including requirements as to the scope content, and form of such1024
1168	1168		budgets and programs.1025
1169	1169		Section 6.24.1026
1170	1170		Operating budget.1027
1171	1171		On or before a date fixed by the city council but not later than 45 days prior to the beginning1028
1172	1172		of each fiscal year, the city manager shall submit to the mayor and city council a proposed1029
1173	1173		operating budget for the ensuing fiscal year. The budget shall be accompanied by a message1030
1174	1174		from the city manager containing a statement of the general fiscal policies of the city, the1031
1175	1175		important features of the budget, explanations of major changes recommended for the next1032
1176	1176		fiscal year, a general summary of the budget, and such other comments and information as1033
1177	1177		the city manager may deem pertinent. The operating budget, the capital improvement1034
1178	1178		budget, the budget message, and all supporting documents shall be filed in the office of the1035
1179	1179		city clerk and shall be open to public inspection.1036
1180	1180		Section 6.25.1037
1181	1181		Action by city council on budget.1038
1182	1182		(a) The city council may amend the operating budget proposed by the city manager;1039
1183	1183		provided, however, that the budget as finally amended and adopted must provide all1040
1184	1184		expenditures required by state law or by other provisions of this charter and for all debt1041
1185	1185		S. B. 562
1186	1186		- 46 - 24 LC 47 2899
1187	1187		service requirements for the ensuing fiscal year. The total appropriations from any fund
1188	1188		1042
1189	1189		shall not exceed the estimated fund balance, reserves, and revenues.1043
1190	1190		(b) The city council by resolution shall adopt the final operating, budget for the ensuing1044
1191	1191		fiscal year not later than December 27 of each year. If the city council fails to adopt the1045
1192	1192		budget by said date, the amounts appropriated for operation for the then current fiscal year1046
1193	1193		shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all1047
1194	1194		items prorated accordingly, until such time as the city council adopts a budget for the1048
1195	1195		ensuing fiscal year. Adoption of the budget shall take the form of an appropriations1049
1196	1196		resolution setting out the estimated revenues in detail by sources and making1050
1197	1197		appropriations according to fund and by organizational unit, purpose or activity as set out1051
1198	1198		in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.1052
1199	1199		(c) The amount set out in the adopted operating budget or each organizational unit shall1053
1200	1200		constitute the annual appropriation for such, and no expenditure shall be made or1054
1201	1201		encumbrance created in excess of the otherwise unencumbered balance of the1055
1202	1202		appropriations or allotments thereof to which it is chargeable.1056
1203	1203		Section 6.26.1057
1204	1204		Levy of taxes.1058
1205	1205		Following adoption of the operating budget, the city council shall levy by ordinance such1059
1206	1206		taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that1060
1207	1207		reasonable estimates of revenues from such levy shall at least be sufficient, together with1061
1208	1208		other anticipated revenues, fund balances and applicable reserves, to equal the total amount1062
1209	1209		appropriated for each of the several funds set forth in the annual operating budget for1063
1210	1210		defraying the expense of the general government of this city.1064
1211	1211		S. B. 562
1212	1212		- 47 - 24 LC 47 2899
1213	1213		Section 6.27.
1214	1214		1065
1215	1215		Changes in appropriations.1066
1216	1216		The city council by resolution may make changes in the appropriations contained in the1067
1217	1217		current operating budget at any regular meeting or special or emergency meeting called for1068
1218	1218		such purposes, but any additional appropriations may be made only from an existing1069
1219	1219		unexpended surplus.1070
1220	1220		Section 6.28.1071
1221	1221		Capital improvements budget.1072
1222	1222		(a) On or before a date fixed by the city council but not later than 45 days prior to the1073
1223	1223		beginning of each fiscal year, the city manager shall submit to the mayor and city council1074
1224	1224		a proposed capital improvement budget with recommendations as to the means of financing1075
1225	1225		the improvements proposed for the ensuing fiscal year. The city council shall have the1076
1226	1226		power to accept, with or without amendments, or reject the proposed program and proposed1077
1227	1227		means of financing. The city council shall not authorize an expenditure for the1078
1228	1228		construction of any building, structure, work or improvement unless the appropriations for1079
1229	1229		such project are included in the capital improvement budget, except to meet a public1080
1230	1230		emergency as provided in Section 2.24 of this charter.1081
1231	1231		(b) The city council by resolution shall adopt the final operating budget for the ensuing1082
1232	1232		fiscal year not later than December 27 of each year. If the city council fails to adopt the1083
1233	1233		budget by said date, the amounts appropriated for operation for the then current fiscal years1084
1234	1234		shall be deemed adopted for the ensuring fiscal year on a month-to-month basis, with all1085
1235	1235		items prorated accordingly, until such time as the city council adopts a budget for the1086
1236	1236		ensuring fiscal year. Adoption of the budget shall take the form of an appropriations1087
1237	1237		resolution setting out the estimated revenues in detail by sources and making1088
1238	1238		S. B. 562
1239	1239		- 48 - 24 LC 47 2899
1240	1240		appropriations according to fund and by organizational unit, purpose or activity as set out
1241	1241		1089
1242	1242		in the budget preparation ordinance adopted pursuant of Section 6.23 of this charter.1090
1243	1243		Section 6.29.1091
1244	1244		Independent audits.1092
1245	1245		There shall be an annual independent audit of all city accounts, funds, and financial1093
1246	1246		transactions by a certified public accountant selected by the city council. The audit shall be1094
1247	1247		conducted according to generally accepted accounting principles. Any audit of any funds by1095
1248	1248		the state or federal government may be accepted as satisfying the requirements of this1096
1249	1249		charter. Copies of all audit reports shall be available at printing costs to the public.1097
1250	1250		Section 6.30.1098
1251	1251		Contracting procedures.1099
1252	1252		No contract with the city shall be binding on the city unless:1100
1253	1253		(1) It is in writing;1101
1254	1254		(2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course,1102
1255	1255		is signed by the city attorney to indicate such drafting or review; and1103
1256	1256		(3) It is made or authorized by the city council and such approval is entered in the city1104
1257	1257		council journal of proceedings pursuant to Section 2.21 of this charter.1105
1258	1258		Section 6.31.1106
1259	1259		Centralized purchasing.1107
1260	1260		The city council shall by ordinance or resolution prescribe the procedures for a system of1108
1261	1261		centralized purchasing for the city.1109
1262	1262		S. B. 562
1263	1263		- 49 - 24 LC 47 2899
1264	1264		Section 6.32.
1265	1265		1110
1266	1266		Sale of city property.1111
1267	1267		(a) The city council may sell and convey any real or personal property owned or held by1112
1268	1268		the city for governmental or other purposes as not or hereafter provided by law.1113
1269	1269		(b) The city council may quitclaim any rights it may have in property not needed for public1114
1270	1270		purposes upon report by the mayor and adoption of a resolution, both finding that the1115
1271	1271		property is not needed for public or other purposes and that the interest of the city has no1116
1272	1272		readily ascertainable monetary value.1117
1273	1273		(c) Whenever in opening, extending or widening any street, avenue, alley or public place1118
1274	1274		of the city a small parcel or tract of land is cut off or separated by such work from a larger1119
1275	1275		tract or boundary of land owned by the city, the city council may authorize the mayor to1120
1276	1276		execute and deliver in the name of the city a deed conveying said cut-off or separated1121
1277	1277		parcel or tract of land to an abutting or adjoining property owner or owners in exchange for1122
1278	1278		rights of way of said street, avenue, alley or public place when such exchange is deemed1123
1279	1279		to be in the best interest of the city. All deeds and conveyances heretofore and hereafter1124
1280	1280		so executed and delivered shall convey all title and interest the city has in such property,1125
1281	1281		notwithstanding the fact that no public sale after advertisement was or is hereafter made.1126
1282	1282		S. B. 562
1283	1283		- 50 - 24 LC 47 2899
1284	1284		ARTICLE VII.
1285	1285		1127
1286	1286		GENERAL PROVISIONS1128
1287	1287		Section 7.10.1129
1288	1288		Bonds for officials.1130
1289	1289		The officers and employees of this city, both elected and appointed, shall execute such surety1131
1290	1290		or fidelity bonds in such amounts and upon such terms and conditions as the city council1132
1291	1291		shall from time to time require by ordinance or as may be provided by law.1133
1292	1292		Section 7.11.1134
1293	1293		Rules and regulations.1135
1294	1294		All ordinances, resolutions, rules and regulations now in force in the city not inconsistent1136
1295	1295		with this charter are declared valid and of full effect and force until amended or repealed by1137
1296	1296		the city council.1138
1297	1297		Section 7.12.1139
1298	1298		First election under this charter; future elections.1140
1299	1299		The first municipal election under this charter shall be held on November 4, 2025, at which1141
1300	1300		time the positions held by Augusta Woods and Jean Bordeaux and one council seat1142
1301	1301		previously held by Mayor Brandy Hall shall be filled. Such council seats are designated1143
1302	1302		council Posts 3, 4 and 5, respectively. The positions presently held by Brandy Hall, Jeff1144
1303	1303		Goldberg and Thomas Torrent shall be designated mayor and council Posts 1 and 2,1145
1304	1304		respectively, and shall be retained by them until the regular election date in 2027 unless1146
1305	1305		vacated by them pursuant to provisions of Article 5 of this charter. All persons giving notice1147
1306	1306		S. B. 562
1307	1307		- 51 - 24 LC 47 2899
1308	1308		of candidacy for a city council seat shall designate the council post being sought. All council
1309	1309		1148
1310	1310		posts are held 'at large' and represent all residents of Pine Lake. All registered voters of Pine1149
1311	1311		Lake shall be able to elect candidates of their choice for all city council posts regardless of1150
1312	1312		where they live within the city.1151
1313	1313		Section 7.13.1152
1314	1314		Charter language on other general matters.1153
1315	1315		Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1154
1316	1316		contracts and legal or administrative proceedings shall continue and any such ongoing work1155
1317	1317		or cases shall be completed by such city agencies, personnel or offices as may be provided1156
1318	1318		by the city council.1157
1319	1319		Section 7.14.1158
1320	1320		Definitions and construction.1159
1321	1321		(a) Section captions in this charter are informative only and shall not be considered as a1160
1322	1322		part thereof.1161
1323	1323		(b) The word 'shall' is mandatory and the word 'may' is permissive.1162
1324	1324		(c) The singular shall include the plural, the masculine shall include the feminine, and vice1163
1325	1325		versa.1164
1326	1326		Section 7.15.1165
1327	1327		Severability.1166
1328	1328		If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1167
1329	1329		held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1168
1330	1330		S. B. 562
1331	1331		- 52 - 24 LC 47 2899
1332	1332		or impair other parts of this charter unless it clearly appears that such other parts are wholly
1333	1333		1169
1334	1334		and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1170
1335	1335		legislative intent in enacting this charter that each article, section, subsection, paragraph,1171
1336	1336		sentence or part thereof be enacted separately and independent of each other."1172
1337	1337		SECTION 2.1173
1338	1338		All laws and parts of laws in conflict with this Act are repealed.1174
1339	1339		S. B. 562
1340	1340		- 53 -