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version of the Richmond Hill City Charter
VERSION: Enrolled
VERSION-DATE: April 11, 2005
SYNOPSIS:
A
BILL TO BE ENTITLED
AN
ACT
To provide a new charter for the City of Richmond Hill; to provide for
incorporation, boundaries, and powers of the city; to provide for a governing
authority of such city and the powers, duties, authority, election, terms,
vacancies, compensation, expenses, qualifications, prohibitions, conflicts
of interest, and suspension and removal from office relative to members
of such governing authority; to provide for inquiries and investigations;
to provide for oaths, organization, meetings, quorum, voting, rules, and
procedures; to provide for ordinances and codes; to provide for a city
manager, mayor, and mayor pro tempore and certain duties, powers, and other
matters relative thereto; to provide for administrative affairs and responsibilities;
to provide for boards, commissions, and authorities; to provide for a city
attorney, a city clerk, a city finance officer, and other personnel and
matters relating thereto; to provide for rules and regulations; to provide
for a municipal court and the judge or judges thereof and other matters
relative to those judges; to provide for the courts jurisdiction, powers,
practices, and procedures; to provide for the right of certiorari; to provide
for elections; to provide for taxation, licenses, and fees; to provide
for franchises, service charges, and assessments; to provide for bonded
and other indebtedness; to provide for auditing, accounting, budgeting,
and appropriations; to provide for city contracts and purchasing; to provide
for the conveyance of property and interests therein; to provide for bonds
for officials; to provide for prior ordinances, rules, and pending matters;
to provide for penalties; to provide for definitions and construction;
to provide for other matters relative to the foregoing; to repeal specific
Acts; to provide for effective dates; to repeal conflicting laws; and for
other purposes.
TEXT:
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I
INCORPORATION AND
POWERS
SECTION 1.10.
Incorporation. The City of Richmond Hill in Bryan County is reincorporated
by the enactment of this charter and is constituted and declared a body
politic and corporate under the name of the "City of Richmond Hill. "
References in the charter to "the city" or "this city"
refer to the City of Richmond Hill. The city shall have perpetual existence.
SECTION 1.11.
Corporate boundaries.
(a) The boundaries of this city shall be those existing on the effective
date of the adoption of this charter with such alterations as may be made
from time to time by local law or in the manner provided by general state
law. The boundaries of this city at all times shall be shown on a map,
a written description, or any combination thereof, to be retained permanently
in the office of the city clerk and to be designated, as the case may be:
"Official Map or Description of the Corporate Limits of the City of
Richmond Hill, Georgia. " Photographic, typed, or other copies of
such map or description certified by the mayor shall be admitted as evidence
in all courts and shall have the same force and effect as the original
map or description.
(b) The city council may provide for the redrawing of any such map by ordinance
to reflect lawful changes in the corporate boundaries. A redrawn map shall
supersede for all purposes the entire map or maps which it is designated
to replace.
SECTION 1.12.
Municipal powers.
(a) This city shall have all powers possible for a city to have under the
present or future Constitution and laws of this state as fully and completely
as though they were specifically enumerated in this charter. This city
shall have all the powers of self-government not otherwise prohibited by
this charter or by general law.
(b) The powers of this city shall be construed liberally in favor of the
city. The specific mention or failure to mention particular powers shall
not be construed as limiting in any way the powers of this city. Said powers
shall include, but are not limited to, the following:
(1) Animal regulations. To regulate and license or to prohibit the keeping
or running at large of animals and fowl and to provide for the impoundment
of same if in violation of any ordinance or lawful order; to provide for
the disposition by sale, gift, or humane destruction of animals and fowl
when not redeemed as provided by ordinance; and to provide punishment for
violation of ordinances enacted under this charter;
(2) Appropriations and expenditures. To make appropriations for the support
of the government of the city; to authorize the expenditure of money for
any purposes authorized by this charter and for any purpose for which a
municipality is authorized by the laws of the State of Georgia; and to
provide for the payment of expenses of this city;
(3) Building regulations. To regulate and to license the erection and construction
of buildings and all other structures not inconsistent with general law;
to adopt building, housing, plumbing, electrical, gas, and heating and
air-conditioning codes; and to regulate all housing and building trades
except as otherwise prohibited by general law;
(4) Business regulation and taxation. To levy and to provide for the collection
of license fees and taxes on privileges, occupations, trades, and professions;
to license and regulate the same; to provide for the manner and method
of payment of such licenses and taxes; to provide for the due date therefor
and to provide for reasonable penalties and interest in the event of failure
to pay the same; to provide for the manner and method of payment of such
licenses and taxes; and to revoke such licenses after due process for the
failure to pay any city taxes or fees;
(5) Condemnation. To exercise the power of eminent domain to condemn property,
inside or outside the corporate limits of the city, for present or future
use and for any corporate purpose deemed necessary by the governing authority,
utilizing procedures enumerated in Title 22 of the O. C. G. A. or such
other applicable laws as are or may hereafter be enacted;
(6) Contracts. To enter into contracts and agreements with other governments
and entities and with private persons, firms, and corporations;
(7) Emergencies. To establish procedures for determining and proclaiming
that an emergency situation exists inside or outside the city and to make
and carry out all reasonable provisions deemed necessary to deal with or
meet such an emergency for the protection, safety, health, or well-being
of the citizens of the city;
(8) Environmental protection. To protect the natural resources, environment,
and vital areas of the state through the preservation and improvement of
air quality, the restoration and maintenance of water resources, the control
of erosion and sedimentation, the management of solid and hazardous waste,
and other necessary actions for the protection of the environment or to
comply with mandates enacted by the State of Georgia or any other governmental
agency or authority;
(9) Fire regulations. To fix and establish fire limits and from time to
time extend, enlarge, or restrict the same; to prescribe fire safety regulations
not inconsistent with general law, relating to both fire prevention and
detection and to fire fighting; and to prescribe penalties and punishment
for violations thereof;
(10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse,
and trash collection and disposal and other sanitary service charge, tax,
or fee for such services as may be necessary in the operation of the city
from all individuals, firms, and corporations residing in or doing business
within the city and benefiting from such services; to enforce the payment
of such charges, taxes, or fees; and to provide for the manner and method
of collecting such service charges;
(11) General health, safety, and welfare. To define, regulate, and prohibit
any act, practice, conduct, or use of property which is detrimental to
the health, sanitation, cleanliness, welfare, and safety of the inhabitants
of the city and to provide for the enforcement of such standards;
(12) Gifts. To accept or refuse gifts, donations, bequests, or grants from
any source for any purpose related to the powers and duties of the city
and the general welfare of its citizens, on such terms and conditions as
the donor or grantor may impose;
(13) Health and sanitation. To prescribe standards of health and sanitation
within the city and to provide for the enforcement of such standards;
(14) Jail sentences. To provide that persons given jail sentences in the
municipal court may work out such sentences in any public works or on the
streets, roads, drains, and squares in the city; to provide for the commitment
of such persons to any jail; or to provide for the commitment of such persons
to any county work camp or county jail;
(15) Motor vehicles. To regulate the operation of motor vehicles and exercise
control over all traffic, including parking, upon or across the streets,
roads, alleys, and walkways of the city;
(16) Municipal agencies and delegation of power. To create, alter, or abolish
departments, boards, offices, commissions, and agencies of the city and
to confer upon such agencies the necessary and appropriate authority for
carrying out all the powers conferred upon or delegated to the same;
(17) Municipal debts. To appropriate and borrow money for the payment of
debts of the city and to issue bonds for the purpose of raising revenue
to carry out any project, program, or venture authorized by this charter
or the laws of the State of Georgia;
(18) Municipal property ownership. To acquire, dispose of, lease, and hold
in trust or otherwise any real, personal, or mixed property, in fee simple
or lesser interest, inside or outside the corporate limits of the city;
(19) Municipal property protection. To provide for the preservation and
protection of property and equipment of the city and the administration
and use of same by the public and to prescribe penalties and punishment
for violations thereof;
(20) Municipal utilities. To acquire, lease, construct, operate, maintain,
sell, and dispose of public utilities, including, but not limited to, a
system of waterworks, sewers and drains, sewage disposal, gas works, electric
plants, transportation facilities, public airports, and any other public
utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations,
and penalties therefor; to provide for the withdrawal of service for refusal
or failure to pay the same; to authorize the extension of water, sewerage,
and electrical distribution systems, and all necessary appurtenances by
which said utilities are distributed, inside and outside the corporate
limits of the city; and to provide utility services to persons, firms,
and corporations inside and outside the corporate limits of the city as
provided by ordinance;
(21) Nuisances. To define a nuisance and provide for its abatement whether
on public or private property;
(22) Penalties. To provide penalties for violation of any ordinances adopted
pursuant to the authority of this charter and the laws of the State of
Georgia;
(23) Planning and zoning. To provide comprehensive city planning for development
by zoning and to provide subdivision regulation and the like as the city
council deems necessary and reasonable to ensure a safe, healthy, and esthetically
pleasing community;
(24) Police and fire protection. To exercise the power of arrest through
duly appointed police officers and to establish, operate, or contract for
a police and a fire-fighting agency;
(25) Public hazards; removal. To provide for the destruction and removal
of any building or other structure which is or may become dangerous or
detrimental to the public;
(26) Public improvements. To provide for the acquisition, construction,
building, operation, and maintenance of public ways, parks, playgrounds,
recreational facilities, golf courses, amphitheaters, cemeteries, markets
and market houses, public buildings, libraries, public housing, airports,
hospitals, terminals, docks, and parking facilities or charitable, cultural,
educational, recreational, conservation, sport, curative, corrective, detentional,
penal, and medical institutions, agencies and facilities; to provide for
other public improvements inside or outside the corporate limits of the
city; to regulate the use of public improvements; and, for such purposes,
property may be acquired by condemnation under Title 22 of the O. C. G.
A. or such other applicable laws as are or may hereafter be enacted;
(27) Public peace. To provide for the prevention and punishment of drunkenness,
riots, and public disturbances;
(28) Public transportation. To organize and operate or contract for such
public transportation systems as are deemed beneficial or necessary;
(29) Public utilities and services. To grant franchises or make contracts
for public utilities and public services and to prescribe the rates, fares,
regulations, and standards and conditions of service applicable to the
service to be provided by the franchise grantee or contractor, insofar
as not in conflict with valid regulations of the Georgia Public Service
Commission;
(30) Regulation of roadside areas. To prohibit or regulate and control
the erection, removal, and maintenance of signs, billboards, trees, shrubs,
fences, buildings, and any and all other structures or obstructions upon
or adjacent to the rights of way of streets and roads or within view thereof,
inside or abutting the corporate limits of the city, and to prescribe penalties
and punishment for violation of such ordinances;
(31) Retirement. To provide and maintain a retirement plan for officers
and employees of the city;
(32) Roadways. To lay out, open, extend, widen, narrow, establish or change
the grade of, abandon or close, construct, pave, curb, gutter, adorn with
shade trees or otherwise improve, maintain, repair, clean, prevent erosion
of, and light the roads, alleys, and walkways within the corporate limits
of the city; to negotiate and execute leases over, through, under, or across
any city property or the right of way of any street, road, alley, and walkway
or portion thereof within the corporate limits of the city for bridges,
passageways, or any other purpose or use between buildings on opposite
sides of the street and for other bridges, overpasses, and underpasses
for private use at such location and to charge a rental therefor in such
manner as may be provided by ordinance; to authorize and control the construction
of bridges, overpasses, and underpasses within the corporate limits of
the city; to grant franchises and rights of way throughout the streets
and roads and over the bridges and viaducts for the use of public utilities
and for private use; and to require real estate owners to repair and maintain
in a safe condition the sidewalks adjoining their lots or lands and to
impose penalties for failure to do so;
(33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure
the acquiring, construction, equipping, operating, maintaining, and extending
of a sewage disposal plant and sewerage system; to levy on those to whom
sewers and sewerage systems are made available a sewer service fee, charge,
or tax for the availability or use of the sewers, except that no fee or
charge for sewers shall be assessed against any abutting real estate which
cannot be served by such sewers; to provide for the manner and method of
collecting such service charge; and to impose and collect a sewer connection
fee or fees to those connected with the system;
(34) Solid waste disposal. To provide for the collection and disposal of
garbage, rubbish, and refuse and to regulate the collection and disposal
of garbage, rubbish, and refuse by others and to provide for the separate
holding of glass, tin, aluminum, cardboard, paper, and other recyclable
materials and provide for the sale of such items;
(35) Special areas of public regulation. To regulate or prohibit junk dealers,
pawn shops, the manufacture, sale, or transportation of intoxicating liquors,
and the use of firearms; to regulate the transportation, storage, and use
of combustible, explosive, and inflammable materials, the use of lighting
and heating equipment, and any other business or situation which may be
dangerous to persons or property; to regulate and control peddlers and
itinerant traders, theatrical performances, exhibitions, and shows of any
kind, by taxing or otherwise; and to license, tax, regulate, or prohibit
professional fortunetelling, palmistry, adult bookstores, massage parlors,
and entertainment displaying nudity;
(36) Special assessments. To levy and provide for the collection of special
assessments to cover the costs of any public improvement;
(37) Taxes: ad valorem. To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to taxation;
(38) Taxes: other. To levy and collect such other taxes as may be allowed
now or in the future by law;
(39) Taxicabs or similar conveyances. To regulate and license vehicles
operated for hire in the city; to limit the number of such vehicles; to
require the operators thereof to be licensed; to require public liability
insurance on such vehicles in the amounts to be prescribed by ordinance;
and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and operate an urban redevelopment
program; and
(41) Other powers. To exercise and enjoy all other powers, functions, rights,
privileges, and immunities necessary or desirable to promote or protect
the safety, health, peace, security, good order, comfort, convenience,
or general welfare of the city and its inhabitants; to exercise all implied
powers necessary to carry into execution all powers granted in this charter
as fully and completely as if such powers were fully stated in this charter;
and to exercise all powers now or in the future authorized to be exercised
by other municipal governments under other laws of the State of Georgia;
and no listing of particular powers in this charter shall be held to be
exclusive of others, nor restrictive of general words and phrases granting
powers, but shall be held to be in addition to such powers unless expressly
prohibited to municipalities under the Constitution or applicable laws
of the State of Georgia.
ARTICLE
II
GOVERNMENT STRUCTURE,
ELECTIONS, AND REMOVAL
SECTION 2.10.
City council
creation; composition; number; election.
(a) The legislative authority of the government of this city, except as
otherwise specifically provided in this charter, shall be vested in a city
council to be composed of a mayor and four councilmembers.
(b) The mayor and councilmembers shall serve for terms of four years and
until their respective successors are elected and qualified. No person
shall be eligible to serve as mayor or councilmember unless he or she shall
have been a resident of this city for 24 months immediately preceding the
election of mayor or councilmembers; each such person shall continue to
reside within the city during said period of service and shall be registered
and qualified to vote in municipal elections of this city. No persons name
shall be listed as a candidate on the ballot for election for either mayor
or councilmember unless such person shall file a written notice with the
clerk of said city that he or she desires his or her name to be placed
on said ballot as a candidate either for mayor or councilmember. No person
shall be eligible for the office of mayor or councilmember unless such
person shall file above said notice within the time provided for in Chapter
2 of Title 21 of the O. C. G. A. , the
"Georgia Election Code. "
SECTION 2.11.
Elections.
(a) At any election, all persons qualified under the Constitution and laws
of the State of Georgia to vote for members of the General Assembly of
Georgia and who are bona fide residents of said city shall be eligible
to qualify as voters in the election.
(b) All primaries and elections shall be held and conducted in accordance
with Chapter 2 of Title 21 of the O. C. G. A. , the "Georgia Election
Code.
" Except as otherwise provided by this charter, the city council shall,
by ordinance, prescribe such rules and regulations it deems appropriate
to fulfill any options and duties under Chapter 2 of Title 21 of the O.
C. G. A. , the
"Georgia Election Code. "
(c) There shall be a municipal general election biennially in the odd-numbered
years on the Tuesday next following the first Monday in November.
(d) The mayor and councilmembers in office on the effective date of this
charter and any person selected to fill a vacancy in such office shall
serve until the regular expiration of the term of office to which they
were elected and until their successors are elected and qualified. Successors
to such mayor and councilmembers shall be elected at the municipal general
election on the Tuesday next following the first Monday in November. All
future successors to such mayor and councilmembers whose terms of office
are to expire shall be elected at the time of the municipal general election
immediately preceding the expiration of such terms and shall serve for
terms of office of four years each and until the respective successors
are elected and qualified.
(e) For the purpose of electing members of the council, the City of Richmond
Hill shall consist of one election district with four at-large seats.
SECTION 2.12.
Vacancies
in office.
(a) The office of mayor or councilmember shall become vacant upon the incumbents
death, incapacity, resignation, forfeiture of office, or removal from office
in any manner authorized by this charter or the general laws of the State
of Georgia.
(b) Upon the suspension from office of the mayor or councilmember in any
manner authorized by the general laws of the State of Georgia, the city
council or those remaining shall appoint a successor for the duration of
the suspension. If the suspension becomes permanent, then the office shall
become vacant and shall be filled as provided in subsection (c) of this
section.
(c) In the event that the office of councilmember shall become vacant for
any cause whatsoever, and the unexpired term shall exceed 12 months, then
said vacancy shall be filled by a special election. If however said vacancy
does not exceed 12 months, then said vacancy in office shall be filled
for the unexpired term by appointment by the remaining councilmembers and
the mayor. Should the office of the mayor become vacant, the mayor pro
tempore and council shall appoint from among its members a mayor. If the
mayor pro tempore is chosen, the council will appoint another councilmember
to hold the office of mayor pro tempore. The resulting vacancy on the council
will be filled as provided for in this subsection.
SECTION 2.13.
Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all
names of candidates for city offices shall be listed without party labels.
SECTION 2.14.
Election by
simple majority.
The candidates receiving a simple majority of the votes cast for any city
office shall be elected.
SECTION 2.15.
Compensation
and expenses.
The mayor and councilmembers shall receive compensation and expenses for
their services as provided by ordinance and in accordance with Chapter
35 of Title 36 of the O. C. G. A.
SECTION 2.16.
Prohibitions.
(a) No elected official, appointed officer, or employee of the city or
any agency or political entity to which this charter applies shall knowingly:
(1) Engage in any business or transaction or have a financial or other
personal interest, direct or indirect, which is incompatible with the proper
discharge of his or her official duties or which would tend to impair the
independence of his or her judgment or action in the performance of his
or her official duties;
(2) Engage in or accept private employment or render services for private
interests when such employment or service is incompatible with the proper
discharge of his or her official duties or would tend to impair the independence
of his or her judgment or action in the performance of his or her official
duties;
(3) Disclose confidential information concerning the property, government,
or affairs of the governmental body by which he or she is engaged without
proper legal authorization or use such information to advance the financial
or other private interest of himself or herself or others;
(4) Accept any valuable gift, whether in the form of service, loan, object,
or promise from any person, firm, or corporation which to his or her knowledge
is interested, directly or indirectly, in any manner whatsoever, in business
dealings with the governmental body by which he or she is engaged; provided,
however, that an elected official who is a candidate for public office
may accept campaign contributions and services in connection with any such
campaign;
(5) Represent other private interests in any action or proceeding against
this city or any portion of its government; or
(6) Vote or otherwise participate in the negotiation or in the making of
any contract with any business or entity in which he or she has a financial
interest.
(b) Any elected official, appointed officer, or employee who has any private
financial interest, directly or indirectly, in any contract or matter pending
before or within any department of the city shall disclose such private
interest to the city council. The mayor or any councilmember who has a
private financial interest in any matter pending before the city council
shall disclose such private interest and such disclosure shall be entered
on the records of the city council, and he or she shall disqualify himself
or herself from participating in any decision or vote relating thereto.
Any elected official, appointed officer, or employee of any agency or political
entity to which this charter applies who shall have any private financial
interest, directly or indirectly, in any contract or matter pending before
or within such agency or entity shall disclose such private interest to
the governing body of such agency or entity.
(c) No elected official, appointed officer, or employee of the city or
any agency or entity to which this charter applies shall use property owned
by such governmental entity for personal benefit, convenience, or profit,
except in accordance with policies promulgated by the city council or the
governing body of such agency or entity.
(d) Any violation of this section which occurs with the knowledge, express
or implied, of a party to a contract or sale shall render said contract
or sale voidable at the option of the city council.
(e) Except as authorized by law, no member of the council shall hold any
other elective city office or other city employment during the term for
which he or she was elected. Except as authorized by law, no employee of
the city or any agency or political entity to which this charter applies
shall hold any other elective city office or other city employment during
the term of such employment. The provisions of this subsection shall not
apply to any person holding employment on the effective date of this charter.
SECTION 2.17.
Removal
of officers.
(a) The mayor, a councilmember, or other appointed officers provided for
in this charter may be removed for any one or more of the following causes:
(1) Incompetence, misfeasance, or malfeasance in office;
(2) Upon indictment or presentation of charges for any felony, regardless
of whether such charge relates to the performance of the activities of
office;
(3) Upon conviction for any misdemeanor involving moral turpitude;
(4) Failure at any time to possess any qualifications of office as provided
by this charter;
(5) Abandonment of office or neglect to perform the duties thereof. This
shall include, but is not limited to, willful failure to attend more than
three city council meetings in succession without prior written notice
of the absence that shall also include grounds for absence. This does not
apply to absences approved by council or excused by operation of law; or
(6) Failure for any other cause to perform the duties of office as required
by this charter or by state law.
(b) Removal of any officer pursuant to subsection (a) of this section shall
be accomplished by a vote of all remaining councilmembers after an investigative
hearing. In the event an elected officer is sought to be removed by the
action of the city council, such officer shall be entitled to a written
notice specifying the ground or grounds for removal and to a public hearing
which shall be held not less than ten days after service of such written
notice. Any elected officer sought to be removed from office as provided
in this section shall have the right to call and cross-examine witnesses
and to put up a defense at this investigative hearing. Additionally, any
elected officer sought to be removed from office as provided in this section
shall have the right to appeal from the decision of the city council to
the Superior Court of Bryan County. Such appeal shall be governed by the
same rules that govern appeals to the superior court from the probate court.
ARTICLE III
ORGANIZATION
OF GOVERNMENT, GENERAL AUTHORITY,
AND ORDINANCES
SECTION 3.10.
General power
and authority.
Except as otherwise provided by this charter, the city council shall be
vested with all the powers of government of this city as provided by Article
I of this charter.
SECTION 3.11.
Organization.
(a) The city council shall hold an organizational meeting at the first
regular meeting in January following an election. The meeting shall be
called to order by the city clerk. The oath of office shall be administered
to the newly elected members as follows:
"I do solemnly swear (or affirm) that I will support the Constitution
of the United States and the laws of the State of Georgia; I am qualified
to hold the office of (mayor) (councilmember) for the City of Richmond
Hill according to the Constitution and laws of the State of Georgia; I
am not the holder of any office of trust under the government of the United
States, any other state, or any foreign state which I am prohibited from
holding by the laws of the State of Georgia; I am not the holder of any
unaccounted for public money due this state or any political subdivision
or authority thereof; and that I will well and truly perform the duties
of (mayor)(councilmember) of the City of Richmond Hill to the best of my
skill and ability, without favor or affection, so help me God. "
(b) The city council shall elect a mayor pro tempore. In the event this
councilmember refuses to serve or resigns as mayor pro tempore or councilmember,
the council shall elect by majority vote another councilmember as mayor
pro tempore. During any disability or absence of the mayor, the mayor pro
tempore shall preside at all meetings of the city council and shall assume
the duties and powers of the mayor. Any such disability or absence shall
be declared by a majority vote of the city council. The city council shall
elect by majority vote a presiding officer from its number for any period
in which the mayor pro tempore is disabled, absent, or acting as mayor.
Such absence or disability shall be declared by majority vote of the city
council, in accordance with subsection (c) of Section 2.12 of this charter.
SECTION 3.12.
Inquiries
and investigations.
The city council may make inquiries and investigations into the affairs
of the city and the conduct of any department, office, or agency thereof
and for this purpose may subpoena witnesses, administer oaths, take testimony,
and require the production of evidence. Any person who fails or refuses
to obey a lawful order issued in the exercise of those powers by the council
shall be punished as provided by ordinance.
SECTION 3.13.
Meetings.
(a) The city council shall hold regular meetings at such times and places
as prescribed by ordinance.
(b) Special meetings of the city council may be held on call of the mayor
or not less than three councilmembers. Notice of such special meetings
shall be served on all other members personally, or by telephone personally,
at least 24 hours in advance of the meeting. Such notice to councilmembers
shall not be required if the mayor and all councilmembers are present when
the special meeting is called. Such notice of any special meeting may be
waived by a councilmember in writing before or after such a meeting and
attendance at the meeting shall also constitute a waiver of notice on any
business transacted in such councilmembers presence. Only the business
stated in the call may be transacted at the special meeting.
(c) All meetings of the city council shall be public to the extent required
by law, and notice to the public of special meetings shall be given as
required by law.
SECTION 3.14.
Procedures.
(a) The city council shall adopt its rules of procedure and order of business
consistent with the provisions of this charter and shall provide for keeping
a journal of its proceedings, which shall be a public record.
(b) All committees and committee chairpersons and officers of the city
council shall be appointed by the mayor and shall serve at the pleasure
of the mayor. The mayor shall have the power to appoint new members or
designate new chairpersons and officers to any committee at any time, with
or without cause; all of said members and chairpersons serving solely at
the pleasure of the mayor.
SECTION 3.15.
Voting.
(a) Except as otherwise provided in subsection (b) or (c) of this section,
four councilmembers or three councilmembers and mayor shall constitute
a quorum and shall be authorized to transact the business of the city council.
Voting on the adoption of ordinances shall be by voice vote and the vote
shall be recorded in the journal, but any member of the city council shall
have the right to request a roll-call vote and such vote shall be recorded
in the journal.
(b) In the event vacancies in office result in less than a quorum of councilmembers
holding office, then the remaining councilmembers in office shall constitute
a quorum and shall be authorized to transact business of the city council.
A vote of a majority of the remaining councilmembers shall be required
for the adoption of any ordinance, resolution, or motion.
SECTION 3.16.
Ordinances.
(a) Every proposed ordinance shall be introduced
in writing and in the
form required for final adoption. No ordinance shall contain a subject
which
is not expressed in its title. The enacting clause shall be "The City
Council
of the City of Richmond Hill hereby ordains. .. " and every ordinance
shall so
begin.
(b) An ordinance may be introduced by any councilmember and read at a regular
or special meeting of the city council. Ordinances shall be considered
and adopted or rejected by the city council in accordance with the rules
which it shall establish; provided, however, an ordinance shall not be
adopted the same day it is introduced, except for emergency ordinances
provided for in Section 3.18 of this charter. Upon introduction of any
ordinance, the clerk shall, as soon as possible, distribute a copy to the
mayor and to each councilmember and shall file a reasonable number of copies
in the office of the clerk and at such other public places as the city
council may designate.
SECTION 3.17.
Effect of
ordinances.
Acts of the city council which have the force and effect of law shall be
enacted by ordinance.
SECTION 3.18.
Emergencies.
(a) To meet a public emergency affecting life, health, property, or public
peace, the city council may convene on call of the mayor or at least three
councilmembers and may promptly adopt an emergency ordinance, but such
ordinance shall not levy taxes; grant, renew, or extend a franchise; regulate
the rate charged by any public utility for its services; or authorize the
borrowing of money except for loans to be repaid within 30 days. An emergency
ordinance shall be introduced in the form prescribed for ordinances generally,
except that it shall be plainly designated as an emergency ordinance and
shall contain, after the enacting clause, a declaration stating that an
emergency exists and describing the emergency in clear and specific terms.
An emergency ordinance may be adopted, with or without amendment, or rejected
at the meeting at which it is introduced, but the affirmative vote of at
least three councilmembers shall be required for adoption. It shall become
effective upon adoption or at such later time as it may specify. Every
emergency ordinance shall automatically stand repealed 30 days following
the date upon which it was adopted, but this shall not prevent reenactment
of the ordinance in the manner specified in this section if the emergency
continues to exist. An emergency ordinance may also be repealed by adoption
of a repealing ordinance in the same manner specified in this section for
adoption of emergency ordinances.
(b) Emergency meetings shall be open to the public to the extent required
by law and notice to the public of emergency meetings shall be made as
fully as is reasonably possible in accordance with Code Section 50-14-1
of the O. C. G. A. or such other applicable laws as are or may hereafter
be enacted.
SECTION 3.19.
Codes.
(a) The city council may adopt any standard code of technical regulations
by reference thereto in an adopting ordinance. The procedure and requirements
governing such adopting ordinance shall be prescribed for ordinances generally
except that: (1) The requirements of subsection (b) of Section 3.16 of
this charter for distribution and filing of copies of the ordinance shall
be construed to include copies of any code of technical regulations, as
well as the adopting ordinance; and
(2) A copy of each adopted code of technical regulations, as well as the
adopting ordinance, shall be authenticated and recorded by the clerk pursuant
to Section 3.20 of this charter, or, in the alternative, the clerk may,
with the approval of council, make arrangements for reproduction and distribution
of such technical regulations by electronic or other means (b) Copies of
any adopted code of technical regulations shall be made available by the
clerk for distribution or for purchase at a reasonable price.
SECTION 3.20.
Codification of
ordinances.
(a) The clerk shall authenticate by his or her signature and record in
full in a properly indexed book kept for that purpose all ordinances adopted
by the council.
(b) The city council shall provide for the preparation of a general codification
of all the ordinances of the city having the force and effect of law. The
general codification shall be adopted by the city council by ordinance
and shall be published promptly together with all amendments thereto and
may contain such codes of technical regulations and other rules and regulations
as the city council may specify, which may be incorporated into the city
code by reference thereto. This compilation shall be known and cited officially
as "Code of Ordinances, City of Richmond Hill, Georgia. " Copies
of the code shall be furnished to all officers, departments, and agencies
of the city.
(c) The city council shall cause each ordinance and each amendment to this
charter to be printed promptly following its adoption, and the printed
ordinances and charter amendments shall be made available for purchase
by the public at reasonable prices to be fixed by the city council. Following
publication of the first code under this charter and at all times thereafter,
the ordinances and charter amendments shall be printed in substantially
the same style as the code then in effect and shall be suitable in form
for incorporation within the code. The city council shall make such further
arrangements as deemed desirable for reproduction and distribution of any
such adopted technical regulations or any changes in or additions to codes
of technical regulations and other rules and regulations included in the
code, specifically including, but not limited to, arrangements for electronic
or Internet access and distribution.
SECTION 3.21.
City manager; appointment; qualifications; compensation.
The city council shall appoint a city manager for an indefinite term and
shall fix his or her compensation. The city manager shall be appointed
solely on the basis of his or her executive and administrative qualifications.
Before assuming office, the city manager shall take an oath, given by the
mayor, as provided in Section 3.11 of this charter.
SECTION 3.22.
Removal of
city manager.
(a) The city council may remove the city manager from office in accordance
with the following procedures:
(1) The city council shall adopt by affirmative vote of a majority of all
its members a preliminary resolution which must state the reasons for removal
and may suspend the city manager from duty for a period not to exceed 45
days. A copy of the resolution shall be delivered promptly to the city
manager;
(2) Within five days after a copy of the resolution is delivered to the
city manager, he or she may file with the city council a written request
for a public hearing. This hearing shall be held within 30 days after the
request is filed. The city manager may file with the city council a written
reply not later than five days before the hearing; and
(3) If the city manager has not requested a public hearing within the time
specified in paragraph (2) of this subsection, the city council may adopt
a final resolution for removal, which may be made effective immediately,
by an affirmative vote of a majority of all its members. If the city manager
has requested a public hearing, the city council may adopt a final resolution
for removal, which may be made effective immediately, by an affirmative
vote of a majority of all its members at any time after the public hearing.
(b) The city manager shall continue to receive his or her salary until
the effective date of a final resolution of removal.
(c) If the city manager is removed for cause, the city council may suspend
the manager without pay notwithstanding the provisions of subsection (b)
of this section. "Cause" shall be defined as those reasons or
occurrences enumerated in subsection (a) of Section 2.17 of this charter.
SECTION 3.23.
Acting
city manager.
By letter filed with the city clerk, the city manager shall designate,
subject to approval of the city council, a qualified city administrative
officer to exercise the powers and perform the duties of city manager during
his or her temporary absence or disability. During such absence or disability,
the city council may revoke such designation at any time and appoint another
officer of the city to serve until the city manager shall return or his
or her disability shall cease.
SECTION 3.24.
Powers and
duties of the city manager.
The city manager shall be the chief administrative officer of the city.
He or she shall be responsible to the city council for the administration
of all city affairs placed in his or her charge by or under this charter.
He or she shall have the following powers and duties:
(1) He or she shall appoint and, when he or she deems it necessary for
the good of the city, suspend or remove all city employees and administrative
officers he or she appoints, except as otherwise provided by subsection
(d) of Section 4.10 of this charter or by law or personnel ordinances adopted
pursuant to this charter. He or she may authorize any administrative officer
who is subject to his or her direction and supervision to exercise those
powers with respect to subordinates in that officers department, office,
or agency;
(2) He or she shall direct and supervise the administration of all departments,
offices, and agencies of the city, except as otherwise provided by this
charter or by law;
(3) He or she shall attend all city council meetings and shall have the
right to take part in discussion, but he or she may not vote;
(4) He or she shall see that all laws, provisions of this charter, and
acts of the city council subject to enforcement by him or her or by officers
subject to his or her direction and supervision are faithfully executed;
(5) He or she shall prepare and submit the annual operating budget and
capital budget to the city council;
(6) He or she shall submit to the city council and make available to the
public a complete report on the finances and administrative activities
of the city as of the end of the fiscal year;
(7) He or she shall perform other such duties as are specified in this
charter or as may be required by the city council;
(8) He or she shall act as negotiator for the city and on behalf of the
city council, subject to the approval of the mayor and city council;
(9) He or she shall follow standard management practices and procedures
in regards to city employees and their performance; and
(10) He or she shall make payment of approved budgeted purchases and bills
incurred by the city up to the amount of authority granted in the citys
financial policy and shall recommend to the city council for approval and
payment all purchases and bills in excess of such authority. Any unbudgeted
purchases shall also be recommended to the council for approval and payments.
SECTION 3.25.
Chief
executive officer; delegation of powers.
The mayor shall be the popularly elected chief executive officer of this
city. The mayor shall possess all of the executive power granted to the
city under the Constitution and laws of the State of Georgia and all the
executive powers contained in this charter.
SECTION 3.26.
Powers and
duties of mayor.
As the chief executive of this city, the mayor shall:
(1) See that all laws and ordinances of the city are faithfully executed;
(2) Recommend to the city council such measures relative to the affairs
of the city, improvement of the government, and promotion of the welfare
of its inhabitants as the mayor deems expedient;
(3) Call special meetings of the city council as provided for in subsection
(b) of Section 3.13 of this charter;
(4) See that all funds of the city are properly accounted for and that
all revenues are properly and promptly collected;
(5) Provide for an annual audit of all accounts of the city;
(6) Hold and attend meetings and participate in negotiations on behalf
of the city and city council with the advice and consent of the city council;
(7) Preside at meetings of the city council and conduct other such meetings
as may be necessary;
(8) See that all meetings are conducted in a parliamentary manner and preserve
order and decorum in such meetings;
(9) Appoint and be an ex officio member of all standing committees and
special committees of the city council;
(10) See that all books and records of the city are properly and carefully
kept and inspected;
(11) Bind the city by signing any contract, obligation, or other matter
entered into and authorized by ordinance or resolution of the city council
properly passed in accordance with the provisions of this charter;
(12) Perform such other duties as may be required by law, this charter,
or ordinance;
(13) Vote on matters before the city council in cases where the vote of
the city council is evenly divided; in such cases, the mayor shall be counted
toward a quorum as any councilmember;
(14) Veto any matter passed upon by council, provided that within four
days of any such veto, the mayor shall reduce his or her reasons for the
veto to writing and furnish the same to the clerk, who shall promptly distribute
the same to all councilmembers, who at the next regular or called meeting
at which a quorum is present, read said reasons into the minutes and again
vote on the same question, and should as many as three councilmen again
vote to pass the vetoed measure, the vetoed measure shall stand affirmed
over the veto of the mayor; and
(15) Be and serve as an ex officio member of all committees, boards, agencies,
or political entities to which this charter applies.
ARTICLE
IV
ADMINISTRATIVE AFFAIRS
SECTION 4.10.
Department heads.
(a) Except as otherwise provided in this charter, the city council by ordinance
shall prescribe the functions or duties and establish, abolish, or alter
all nonelective offices, positions of employment, departments, and agencies
of the city as necessary for the proper administration of the affairs and
government of this city.
(b) Except as otherwise provided by this charter or by law, the directors
of departments and other appointed officers of the city shall be appointed
solely on the basis of their respective administrative and professional
qualifications.
(c) All appointed officers and directors of departments shall receive such
compensation as prescribed by ordinance.
(d) All directors under the supervision of the city manager shall be nominated
by the mayor with confirmation of appointment by the city council. The
city manager may suspend or remove directors under his or her supervision.
The director involved may appeal to the city council which, after a hearing,
may override the city managers action by a vote of four councilmembers.
SECTION 4.11.
Boards.
(a) The city council shall create by ordinance such boards, commissions,
and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative
function the city council deems necessary and shall by ordinance establish
the composition, period of existence, duties, and powers thereof.
(b) All members of boards, commissions, and authorities of the city shall
be appointed by the mayor with the advice and consent of city council for
such terms of office and in such manner as shall be provided by ordinance,
except where other appointing authority, terms of office, or manner of
appointment is prescribed by this charter or by law.
(c) The city council, by ordinance, may provide for the compensation and
reimbursement for actual and necessary expenses of the members of any board,
commission, or authority.
(d) Except as otherwise provided by charter or by law, no member of any
city board, commission, or authority shall hold any elective office in
the city nor shall any such member be a city employee during the tenure
of such service.
(e) Any vacancy on a board, commission, or authority of the city shall
be filled for the unexpired term in the manner prescribed for the original
appointment, except as otherwise provided by this charter or by law.
(f) No member of a board, commission, or authority shall assume office
until he or she has executed and filed with the clerk of the city an oath
obligating himself or herself to perform faithfully and impartially the
duties of his or her office, such oath to be prescribed by ordinance and
administered by the mayor.
(g) Any member of a board, commission, or authority may be removed from
office for cause by a vote of a majority of the members of the city council.
(h) Except as otherwise provided by this charter or by law, at least one
member of each board, commission, or authority of the city, as selected
by the mayor with the advice and consent of council, shall serve as chairperson
of such board, commission or authority, which service shall be at the pleasure
of the mayor.
SECTION 4.12.
City attorney.
The city council shall appoint a city attorney who shall be a member of
the State Bar of Georgia and shall have actively practiced law for at least
five years. The city attorney shall serve at the pleasure of the city council.
The city attorney shall be responsible for representing and defending the
city in all litigation in which the city is a party, may be the prosecuting
officer in the municipal court, shall advise the city council, mayor, and
other officers and employees of the city concerning legal aspects of the
citys affairs, and shall perform such duties as may be required of him
or her by virtue of his or her position as city attorney. The city council
shall provide for the compensation of the city attorney.
SECTION 4.13.
City clerk.
The city council shall appoint a city clerk who shall not be a councilmember.
The city clerk shall be custodian of the official city seal, maintain city
council records required by this charter, and perform such other duties
as may be required by the city council. The city council shall provide
for the compensation of the city clerk. Before assuming office, the city
clerk shall take an oath, given by the mayor, as provided in Section 3.11
of this charter.
SECTION 4.14.
City finance
officer.
The city council shall appoint a city finance officer to collect all taxes,
licenses, fees, and other moneys belonging to the city subject to the provisions
of this charter and the ordinances of the city and to enforce all laws
of Georgia relating to the collection of delinquent taxes and sale or foreclosure
for nonpayment of taxes to the city. The finance officer shall also be
responsible for the general duties of a treasurer and fiscal officer. The
city council shall provide for the compensation of the city finance officer.
SECTION 4.15.
Rules and
regulations.
The city council shall adopt rules and regulations consistent with this
charter concerning:
(1) The method of employee selection and probationary periods of employment;
(2) The administration of a position classification and pay plan, methods
of promotion and applications of service ratings thereto, and transfer
of employees within the classification plan;
(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime
pay, and the order and manner in which layoffs shall be effected;
(4) Such dismissal hearings as due process may require; and
(5) Such other personnel notices as may be necessary to provide for adequate
and systematic handling of personnel affairs.
SECTION 4.16.
Mayor and
council interference with administration.
Except for the purpose of inquiries with administration under Section 3.12
of this charter, the mayor, city council, or its members shall deal with
city officers and employees who are subject to the direction and supervision
of the city manager solely through the city manager, and neither the mayor
nor councilmembers shall give orders to any such officer or employee, either
publicly or privately. This section shall not apply during any declared
emergency or at any time when the city manager is unable for any reason
to fulfill his or her duties.
ARTICLE
V
JUDICIAL
BRANCH
SECTION 5.10.
Municipal
court.
There shall be a court to be known as the Municipal Court of the City of
Richmond Hill.
SECTION 5.11.
Judges.
(a) The municipal court shall be presided over by a chief judge and such
part-time, full-time, or stand-by judges as shall be provided by ordinance.
The method of selection and terms of such judges shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the
municipal court unless he or she shall be a member of the State Bar of
Georgia. All judges shall be appointed by the mayor with the approval of
a majority of the city council.
(c) Compensation of the judge or judges shall be fixed by ordinance.
(d) Judges may be removed for cause by a vote of a majority of the members
of the city council.
(e) Before assuming office, each judge shall take an oath, given by the
mayor, as provided in Section 3.11 of this charter. The oath shall be entered
upon the minutes of the city council journal required in Section 3.14 of
this charter.
SECTION 5.12.
Convening
of court.
The municipal court shall be convened at regular intervals as provided
by ordinance.
SECTION 5.13.
Powers.
(a) The municipal court shall try and punish violations of this charter,
all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have the authority to punish those in its
presence for contempt, provided that such punishment shall not exceed a
fine of $ 200.00, ten days in jail, or both.
(c) The municipal court may fix punishment for offenses within its jurisdiction
not exceeding a fine of $ 1,000.00 or imprisonment for not more than six
months, or both such fine and imprisonment, or may fix punishment by fine,
imprisonment, or alternative sentencing as now or hereafter provided by
law.
(d) The municipal court shall have the authority to establish a schedule
of fees to defray the cost of operation and shall be entitled to reimbursement
of the actual cost of meals, transportation, and caretaking of prisoners
bound over to superior courts for violation of state law.
(e) The municipal court shall have authority to establish bail and recognizances
to ensure the presence of those charged with violations before said court
and shall have discretionary authority to accept cash or personal or real
property as surety bond for the appearance of persons charged with violations.
Whenever any person shall give bail for his or her appearance and shall
fail to appear at the time fixed for trial, his or her bond shall be forfeited
by the judge presiding at such time and an execution shall be issued thereon
by serving the defendant and his or her sureties with a rule nisi at least
ten days before a hearing on the rule nisi.
(f) The municipal court shall have the same authority as superior courts
to compel the production of evidence in the possession of any party; to
enforce obedience to its orders, judgments, and sentences; and to administer
such oaths as necessary.
(g) The municipal court shall have the authority to bind prisoners over
to the appropriate court when it appears by probable cause that state law
has been violated.
(h) Each judge of the municipal court may compel the presence of all parties
necessary to a proper disposal of each case by the issuance of summonses,
subpoenas, and warrants which may be served as executed by any officer
as authorized by this charter or by law.
(i) Each judge of the municipal court shall be authorized to issue warrants
for the arrest of persons charged with offenses against any ordinance of
the city, and each judge of the municipal court shall have the same authority
as a magistrate of the state to issue warrants for offenses against state
laws committed within the city.
(j) The municipal court is specifically vested with all the jurisdiction
and powers throughout the geographic area of this city granted by law to
municipal courts and particularly by such laws as authorize the abatement
of nuisances and prosecution of traffic violations.
SECTION 5.14.
Certiorari and
appeal.
(a) The right of certiorari from the decision and judgment of the municipal
court shall exist in all criminal cases and ordinance violation cases,
and such certiorari shall be obtained under the sanction of a judge of
the Superior Court of Bryan County, under the laws of the State of Georgia
regulating the granting and issuance of writs of certiorari.
(b) The orders, verdicts, judgments, and sentences of the municipal court
shall be subject to appellate review in accordance with state law.
SECTION 5.15.
Rules.
With the approval of the city council, the judge shall have full power
and authority to make reasonable rules and regulations necessary and proper
to secure the efficient and successful administration of the municipal
court; provided, however, that the city council may adopt in part or in
total the rules and regulations applicable to superior courts. The rules
and regulations made or adopted shall be filed with the court clerk, shall
be available for public inspection, and, upon request, shall be furnished
to the public for the reasonable cost of copying and printing the same.
ARTICLE
VI
FINANCE
SECTION 6.10.
Property tax.
The city council may assess, levy, and collect an ad valorem tax on all
real and personal property within the corporate limits of the city that
is subject to such taxation by the state and county. This tax is for the
purpose of raising revenues to defray the costs of operating the city government,
of providing governmental services, for the repayment of principal and
interest on general obligations, and for any other public purpose as determined
by the city council in its discretion.
SECTION 6.11.
Millage.
The city council by ordinance shall establish a millage rate for the city
property tax, a due date, and the time period within which these taxes
must be paid. The city council by ordinance may provide for the payment
of these taxes by installments or in one lump sum, as well as authorize
the voluntary payment of taxes prior to the time when due.
SECTION 6.12.
Occupation taxes and business license fees.
The city council by ordinance shall have the power to levy such occupation
or business taxes as are not denied by law. Such taxes may be levied on
both individuals and corporations who transact business in this city or
who practice or offer to practice any profession or calling within the
city to the extent such persons have a constitutionally sufficient nexus
to this city to be so taxed. The city council may classify businesses,
occupations, professions, or callings for the purpose of such taxation
in any way which may be lawful and may compel the payment of such taxes
as provided in Section 6.18 of this charter.
SECTION 6.13.
Licenses.
The city council by ordinance shall have the power to require any individual
or corporation who transacts business in this city or who practices or
offers to practice any profession or calling within the city to obtain
a license or permit for such activity from the city and pay a reasonable
fee for such license or permit where such activities are not now regulated
by general law in such a way as to preclude city regulations. Such fees
may reflect the total cost to the city of regulating the activity and,
if unpaid, shall be collected as provided in Section 6.18 of this charter.
The city council by ordinance may establish reasonable requirements for
obtaining or keeping such licenses as the public health, safety, and welfare
necessitate.
SECTION 6.14.
Franchises.
(a) The city council shall have the power to grant franchises for the use
of this citys streets and alleys for the purposes of railroads, street
railways, telephone companies, electric companies, electric membership
corporations, cable television companies and other telecommunications companies,
gas companies, transportation companies, and other similar organizations.
The city council shall determine the duration, terms, whether the same
shall be exclusive or nonexclusive, and the consideration for such franchises;
provided, however, that no franchises shall be granted for a period in
excess of 25 years and no franchise shall be granted unless the city receives
just and adequate compensation therefor. The city council shall provide
for the registration of all franchises with the city clerk in a registration
book or electronic registry kept for that purpose. The city council may
provide by ordinance for the registration within a reasonable time of all
franchises previously granted.
(b) If no franchise agreement is in effect, the city council has the authority
to impose a tax on gross receipts for the use of the citys streets and
alleys for the purposes of railroads, street railways, telephone companies,
electric companies, electric membership corporations, cable television
and other telecommunications companies, gas companies, transportation companies,
and other similar organizations.
SECTION 6.15.
Service fees.
The city council by ordinance shall have the power to assess and collect
fees, charges, and tolls for sewers, sanitary and health services, or any
other services provided or made available inside or outside the corporate
limits of the city for the total cost to the city of providing or making
available such services. If unpaid, such charges shall be collected as
provided in Section 6.18 of this charter. No landowner shall be assessed
any fee, charge, or toll for any service which does not benefit him or
her or his or her property directly, and provided that any ordinance making
any such assessment shall require at least two readings at two regular
meetings prior to passage and shall further require that between said first
and second readings, a notice of such proposed assessment shall be published
one time by the clerk in the official organ of Bryan County, said publication
to appear not less than eight days before the final passage of said ordinance.
Said notice shall state that such ordinance has been introduced before
the council and shall include a general description of the improvement,
its location, and estimated cost and shall further state that the actual
cost or whatever part thereof as the ordinance provides will be assessed
against the affected real estate and the owners thereof and that any person
wishing to be heard on the matter may appear at the next regular meeting
of the council, stating the specific date of such meeting. The council
may, in its discretion, permit the payment of any such fee, charge, or
toll in installments.
SECTION 6.16.
Special
assessments.
The city council by ordinance shall have the power to assess, charge, and
collect the costs of constructing, reconstructing, widening, or improving
any public way, street, sidewalk, curbing, gutters, sewers, or other utility
mains and appurtenances from the abutting property owners under such terms
and conditions as are reasonable. If unpaid, such charges shall be collected
as provided in Section 6.18 of this charter. No landowner shall be assessed
any fee, charge, or toll for any service which does not benefit him or
her or his or her property directly, and provided that any ordinance making
any such assessment shall require at least two readings at two regular
meetings prior to passage and shall further require that between said first
and second readings, a notice of such proposed assessment shall be published
one time by the clerk in the official organ of Bryan County, said publication
to appear not less than eight days before the final passage of said ordinance.
Said notice shall state that such ordinance has been introduced before
the council and shall include a general description of the improvement,
its location, and estimated cost and shall further state that the actual
cost or whatever part thereof as the ordinance provides will be assessed
against the affected real estate and the owners thereof and that any person
wishing to be heard on the matter may appear at the next regular meeting
of the council, stating the specific date of such meeting. The council
may, in its discretion, permit the payment of any such fee, charge, or
toll in installments.
SECTION 6.17.
Other taxes.
This city shall be empowered to levy any other tax allowed now or hereafter
by law, and the specific mention of any right, power, or authority in this
article shall not be construed as limiting in any way the general powers
of this city to govern its local affairs.
SECTION 6.18.
Collection of
delinquent taxes.
The city council by ordinance may provide generally for the collection
of delinquent taxes, fees, or other revenue due the city under Sections
6.10 through 6.17 of this charter by whatever reasonable means as are not
precluded by law. This shall include providing for the dates when the taxes
or fees are due, late penalties or interest, issuance and execution of
fi. fas. , creation and priority of liens, making delinquent taxes and
fees personal debts of the persons required to pay the taxes or fees imposed,
revoking city licenses for failure to pay any city taxes or fees, and providing
for the assignment or transfer of tax executions.
SECTION 6.19.
Borrowing.
The city council shall have the power to issue bonds for the purpose of
raising revenue to carry out any project, program, or venture authorized
under this charter or the laws of the state. Such bonding authority shall
be exercised in accordance with the laws governing bond issuance by municipalities
in effect at the time said issue is undertaken.
SECTION 6.20.
Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter
provides. Such bonds are to be paid out of any revenue produced by the
project, program, or venture for which they were issued.
SECTION 6.21.
Short-term
loans and lease purchase contracts.
(a) The city may obtain short-term loans and must repay such loans not
later than one year from the date of such obligations, unless otherwise
provided by law.
(b) The city may enter into multiyear lease, purchase, or lease purchase
contracts for the acquisition of goods, materials, real and personal property,
services, and supplies, provided the contract terminates without further
obligation on the part of the municipality at the close of the calendar
year in which it was executed and at the close of each succeeding calendar
year for which it may be renewed. Contracts must be executed in accordance
with the requirements of Code Section 36-60-13 of the O. C. G. A. or other
such applicable laws as are or may hereafter be enacted.
SECTION 6.22.
Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year
shall constitute the budget year and the year for financial accounting
and reporting of each and every office, department, agency, and activity
of the city government.
SECTION 6.23.
Budget ordinance.
The city council shall provide an ordinance on the procedures and requirements
for the preparation and execution of an annual operating budget, a capital
improvement program, and a capital budget, including requirements as to
the scope, content, and form of such budgets and programs. The city council
shall comply with the provisions of Chapter 81 of Title 36 of the O. C.
G. A.
SECTION 6.24.
Operating budget.
On or before a date fixed by the city council but not later than 60 days
prior to the beginning of each fiscal year, the city manager shall submit
to the city council a proposed operating budget for the ensuing fiscal
year. The budget shall be accompanied by a message from the city manager
containing a statement of the general fiscal policies of the city, the
important features of the budget, explanations of major changes recommended
for the next fiscal year, a general summary of the budget, and such other
comments and information as he or she may deem pertinent. The operating
budget, the capital improvements budget, the budget message, and all supporting
documents shall be filed in the office of the city clerk and shall be open
to public inspection.
SECTION 6.25.
Adoption.
(a) The city council may amend the operating budget proposed by the city
manager, except that the budget as finally amended and adopted must provide
for all expenditures required by state law or by other provisions of this
charter and for all debt service requirements for the ensuing fiscal year.
The total appropriations from any fund shall not exceed the estimated fund
balance, reserves, and revenues.
(b) After the conducting of a budget hearing, the city council shall adopt
the final operating budget for the ensuing fiscal year not later than the
end of the current fiscal year. If the city council fails to adopt the
budget by said date, the amounts appropriated for operation for the then
current fiscal year shall be deemed adopted for the ensuing fiscal year
on a month-to-month basis, with all items prorated accordingly, until such
time as the city council adopts a budget for the ensuing fiscal year. Adoption
of the budget shall take the form of an appropriations ordinance setting
out the estimated revenues in detail by sources and making appropriations
according to fund and by organizational unit, purpose, or activity as set
out in the budget preparation ordinance adopted pursuant to Section 6.23
of this charter.
(c) The amount set out in the adopted operating budget for each organizational
unit shall constitute the annual appropriation for such, and no expenditure
shall be made or encumbrance created in excess of the otherwise unencumbered
balance of the appropriations or allotments thereof to which it is chargeable.
SECTION 6.26.
Levy of
taxes.
The city council shall levy by ordinance such taxes as are necessary to
fund the adopted operating budget. The taxes and tax rates set by such
ordinance shall be such that reasonable estimates of revenues from such
levy shall at least be sufficient, together with other anticipated revenues,
fund balances, and applicable reserves, to equal the total amount appropriated
for each of the several funds set forth in the annual operating budget
for defraying the expense of the general government of this city.
SECTION 6.27.
Changes in
budget.
The city council by majority vote may make changes in the appropriations
contained in the current operating budget at any regular meeting or special
or emergency meeting called for such purposes.
SECTION 6.28.
Capital improvements.
(a) On or before the date fixed by the city council, but not later than
60 days prior to the beginning of each fiscal year, the city manager with
the advice and consent of the mayor shall submit to the city council a
proposed capital improvements budget with his or her recommendations as
to the means of financing the improvements proposed for the ensuing year.
The city council shall have the power to accept, with or without amendments,
or reject the proposed program and proposed means of financing. The city
council shall not authorize an expenditure for the construction of any
building, structure, work, or improvement, unless the appropriations for
such project are included in the capital improvements budget, except to
meet a public emergency as provided in Section 3.18 of this charter.
(b) After the conducting of a public hearing, the city council shall adopt
by ordinance the final capital improvements budget for the ensuing fiscal
year not later than the end of the current fiscal year. No appropriations
provided for in a prior capital improvements budget shall lapse until the
purpose for which the appropriations were made shall have been accomplished
or abandoned; provided, however, the mayor may submit amendments to the
capital improvements budget at any time during the fiscal year, accompanied
by his or her recommendations. Any such amendments to the capital improvements
budget shall become effective only upon adoption by majority vote of the
city council.
SECTION 6.29.
Audits.
There shall be an annual independent audit of all city accounts, funds,
and financial transactions by a certified public accountant selected by
the city council. The audit shall be conducted according to generally accepted
accounting principles. Any audit of any funds by the state or federal government
may be accepted as satisfying the requirements of this charter. Copies
of all audit reports shall be available at printing costs to the public.
SECTION 6.30.
Procurement
and property management.
No contract with the city shall be binding on the city unless:
(1) It is in writing; and
(2) It is made or authorized by the city council and such approval is entered
in the city council journal of proceedings pursuant to Section 3.14 of
this charter.
SECTION 6.31.
Purchasing.
The city council shall by ordinance prescribe procedures for a system of
centralized purchasing for the city.
SECTION 6.32.
Sale of
property.
(a) The city council may sell and convey any real or personal property
owned or held by the city for governmental or other purposes as now or
hereafter provided by law.
(b) The city council may quitclaim any rights it may have in property not
needed for public purposes upon request by the mayor and adoption of a
resolution, both finding that the property is not needed for public or
other purposes and that the interest of the city has no readily ascertainable
monetary value.
(c) Whenever in opening, extending, or widening any street, avenue, alley,
or public place of the city a small parcel or tract of land is cut off
or separated by such work from a larger tract or boundary of land owned
by the city, the city council may authorize the mayor to execute and deliver
in the name of the city a deed conveying said cut-off or separated parcel
or tract of land to an abutting or adjoining property owner or owners in
exchange for rights of way of said street, avenue, alley, or public place
and such other consideration as may be required by law when such exchange
is deemed to be in the best interest of this city. All deeds and conveyances
heretofore and hereafter so executed and delivered shall convey all title
and interest the city has in such property, notwithstanding the fact that
no public sale after advertisement was or is hereafter made.
ARTICLE VII
GENERAL PROVISIONS
SECTION 7.10.
Bonds
for officials.
The officers and employees of this city, both elected and appointed, shall
execute such surety or fidelity bonds in such amounts and upon such terms
and conditions as the city council shall from time to time require by ordinance
or as may be provided by law. Nothing in this section shall be construed
to require council to impose any such bond conditions upon any city employee.
What city employees shall be bonded and in what amounts shall be determined
by city council who shall provide for the same by ordinance.
SECTION 7.11.
Rules and
regulations.
All ordinances, resolutions, rules, and regulations now in force in the
city not inconsistent with this charter are declared valid and of full
effect and force until amended or repealed by the city council.
SECTION 7.12.
Charter language
on other general matters.
Except as specifically provided otherwise by this charter, all rights,
claims, actions, orders, contracts, and legal or administrative proceedings
shall continue and any such ongoing work or cases shall be completed by
such city agencies, personnel, or offices as may be provided by the city
council.
SECTION 7.13.
Definitions
and construction.
(a) Section captions in this charter are informative only and shall not
be considered as a part thereof.
(b) The word "shall" is mandatory and the word "may" is
permissive.
(c) The singular shall include the plural, the masculine shall include
the feminine, and vice versa.
SECTION 7.14.
Eminent
domain.
The city council is empowered to acquire, construct, operate, and maintain
public ways, parks, public grounds, cemeteries, markets, market houses,
public buildings, libraries, sewers, drains, sewage treatment, waterworks,
electrical systems, gas systems, airports, hospitals, and charitable, educational,
recreational, sport, curative, corrective, detentional, penal, and medical
institutions, agencies, and facilities, and any other public improvements
inside or outside the city and to regulate the use thereof; and for such
purposes, property may be condemned as provided in paragraph (5) of Section
1.12 and under procedures established under general law applicable now
or as provided in the future.
SECTION 7.15.
Specific repealer.
An Act incorporating the City of Richmond Hill in the County of Bryan,
approved March 3, 1962 (Ga. L. 1962, p. 2505), is repealed in its entirety
and all amendatory Acts thereto are likewise repealed in their entirety.
SECTION 7.16.
Effective
date.
This Act shall become effective upon its approval by the Governor or upon
its becoming law without such approval.