12 HB
1118/AP
House
Bill 1118 (AS PASSED HOUSE AND SENATE)
By:
Representative Reece of the
11th
A
BILL TO BE ENTITLED
AN ACT
To
provide a new charter for the Town of Trion; to provide for incorporation,
boundaries, and powers of the town; to provide for a governing authority of such
town 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 mayor 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 town attorney, a town clerk, 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 court's 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
town contracts and purchasing; to provide for the conveyance of property and
interests therein; to provide for an independent school system; to provide for
bonds for officials; to provide for prior ordinances and rules, pending matters,
and existing personnel; to provide for penalties; to provide for definitions and
construction; to provide for other matters relative to the foregoing; to repeal
a specific Act; to provide for an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE
I
INCORPORATION AND POWERS
SECTION
1.10.
Name.
This
town and the inhabitants thereof are reincorporated by the enactment of this
charter and are hereby constituted and declared a body politic and corporate
under the name and style Town of Trion, Georgia, and by that name shall have
perpetual succession.
SECTION
1.11.
Corporate
boundaries.
(a) The
boundaries of this town 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
in the manner provided by law. The boundaries of this town 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 town clerk and to be designated, as
the case may be: "Official Map (or Description) of the corporate limits of the
Town of Trion, Georgia." Photographic, typed, or other copies of such map or
description certified by the town clerk shall be admitted as evidence in all
courts and shall have the same force and effect as with the original map or
description.
(b) The town 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.
Powers and
construction.
(a)
This town shall have all powers possible for a town 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 town shall have all the
powers of self-government not otherwise prohibited by this charter or by general
law.
(b) The powers of this town shall
be construed liberally in favor of the town. The specific mention or failure to
mention particular powers shall not be construed as limiting in any way the
powers of this town.
SECTION
1.13.
Examples of powers.
(a)
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 the
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 hereunder.
(b)
Appropriations and expenditures. To make appropriations for the support of the
government of the town; 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 the town.
(c) Building
regulation. To regulate and to license the erection and construction of
buildings and all other structures; to adopt building, housing, plumbing, fire
safety, electrical, gas, and heating and air conditioning codes; and to regulate
all housing and building trades.
(d)
Business regulation and taxation. To levy and to provide for the collection of
regulatory fees and taxes on privileges, occupations, trades and professions as
authorized by Title 48 of the O.C.G.A., or other such applicable laws as
are or may hereafter be enacted; to permit and regulate the same; to provide for
the manner and method of payment of such regulatory fees and taxes; and to
revoke such permits after due process for failure to pay any town taxes or
fees.
(e) Condemnation. To condemn
property, inside or outside the corporate limits of the town, 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.
(f) Contracts. To enter into
contracts and agreements with other governmental entities and with private
persons, firms, and corporations.
(g)
Emergencies. To establish procedures for determining and proclaiming that an
emergency situation exists within or without the town, 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 town.
(h) Environmental
protection. To protect and preserve the natural resources, environment and
vital areas of the town, the region, and 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 storm-water and
establishment of a storm-water utility, the management of solid and hazardous
waste, and other necessary actions for the protection of the
environment.
(i) Fire regulations. To
fix and establish fire limits and from time to time to 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.
(j) 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 town from all individuals, firms, and
corporations residing in or doing business therein 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.
(k) General health, safety,
and welfare. To define, regulate, and prohibit any act, practice, conduct, or
use of property which is detrimental to health, sanitation, cleanliness,
welfare, and safety of the inhabitants of the town, and to provide for the
enforcement of such standards.
(l)
Gifts. To accept or refuse gifts, donations, bequests, or grants from any
source for any purpose related to powers and duties of the town and the general
welfare of its citizens, on such terms and conditions as the donor or grantor
may impose.
(m) Health and sanitation.
To prescribe standards of health and sanitation and to provide for the
enforcement of such standards.
(n)
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 other public property in the town, to provide for commitment of such
persons to any jail, to provide for the use of pretrial diversion and any
alternative sentencing allowed by law, or to provide for commitment of such
persons to any county work camp or county jail by agreement with the appropriate
county officials.
(o) 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 town.
(p) Municipal
agencies and delegation of power. To create, alter, or abolish departments,
boards, offices, commissions, and agencies of the town, and to confer upon such
agencies the necessary and appropriate authority for carrying out all the powers
conferred upon or delegated to the
same.
(q) Municipal debts. To
appropriate and borrow money for the payment of debts of the town 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.
(r) 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 property limits of the
town.
(s) Municipal property
protection. To provide for the preservation and protection of property and
equipment of the town, and the administration and use of same by the public; and
to prescribe penalties and punishment for violations
thereof.
(t) 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, storm-water management, gas works, electric light
plants, cable television and other telecommunications, transportation
facilities, public airports, and any other public utility; and to fix the taxes,
charges, rates, fares, fees, assessments, regulations, and penalties, and to
provide for the withdrawal of service for refusal or failure to pay the
same.
(u) Nuisance. To define a
nuisance and provide for its abatement whether on public or private
property.
(v) 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.
(w) Planning and zoning. To
provide comprehensive town planning for development by zoning; and to provide
subdivision regulation and the like as the town council deems necessary and
reasonable to insure a safe, healthy, and aesthetically pleasing
community.
(x) 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.
(y) 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.
(z) Public improvements. To
provide for the acquisition, construction, building, operation, and maintenance
of public ways, parks and playgrounds, recreational facilities, cemeteries,
markets and market houses, public buildings, libraries, public housing,
airports, hospitals, terminals, docks, parking facilities, or charitable,
cultural, educational, recreational, conservation, sport, curative, corrective,
detentional, penal, and medical institutions, agencies and facilities; and to
provide any other public improvements, inside or outside the corporate limits of
the town; and to regulate the use of public improvements; and for such purposes,
property may be acquired by condemnation under Title 22 of the Official Code of
Georgia Annotated, or such other applicable laws as are or may hereafter be
enacted.
(aa) Public peace. To
provide for the prevention and punishment of loitering, disorderly conduct,
drunkenness, riots, and public
disturbances.
(bb) Public
transportation. To organize and operate such public transportation systems as
are deemed beneficial.
(cc) Public
utilities and services. To grant franchises or make contracts for, or impose
taxes on public utilities and public service companies; 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 Public Service
Commission.
(dd) 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, within or abutting the corporate
limits of the town; and to prescribe penalties and punishment for violation of
such ordinances.
(ee) Retirement. To
provide and maintain a retirement plan and other employee benefit plans and
programs for officers and employees of the
town.
(ff) 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 town; and 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 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.
(gg) Sewer fees. To levy a fee,
charge, or sewer tax as necessary to assure the acquiring, constructing,
equipping, operating, maintaining, and extending of a sewage disposal plant and
sewerage system, and to levy on those to whom sewers and sewerage systems are
made available a sewer service fee, charge, or sewer tax for the availability or
use of the sewers; to provide for the manner and method of collecting such
service charges and for enforcing payment of the same; and to charge, impose,
and collect a sewer connection fee or fees to those connected with the
system.
(hh) 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 collection of glass, tin, aluminum, cardboard,
paper, and other recyclable materials, and to provide for the sale of such
items.
(ii) Special areas of public
regulation. To regulate or prohibit junk dealers, the manufacture and sale of
intoxicating liquors; 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 the conduct of peddlers and
itinerant traders, theatrical performances, exhibitions, and shows of any kind,
by taxation or otherwise; to license and tax professional fortunetelling,
palmistry, and massage parlors; and to restrict adult bookstores to certain
areas.
(jj) Special assessments. To
levy and provide for the collection of special assessments to cover the costs
for any public improvements.
(kk)
Taxes: ad valorem. To levy and provide for the assessment, valuation,
revaluation, and collection of taxes on all property subject to
taxation.
(ll) Taxes: other. To levy
and collect such other taxes as may be allowed now or in the future by
law.
(mm) Taxicabs. To regulate and
license vehicles operated for hire in the town; 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.
(nn) Urban redevelopment.
To organize and operate an urban redevelopment
program.
(oo) 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
town and its inhabitants; and to exercise all implied powers necessary or
desirable to carry into execution all powers granted in this charter as fully
and completely as if such powers were fully stated herein; 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.
SECTION
1.14.
Exercise of powers.
All
powers, functions, rights, privileges, and immunities of the town, its officers,
agencies, or employees shall be carried into execution as provided by this
charter. If this charter makes no provision, such shall be carried into
execution as provided by ordinance or as provided by pertinent laws of the State
of Georgia.
ARTICLE
II
GOVERNMENT STRUCTURE
SECTION
2.10.
Town council creation; number;
election.
The
legislative authority of the government of this town, except as otherwise
specifically provided in this charter, shall be vested in a town council to be
composed of a mayor and five councilmembers. The town council established shall
in all respects be a successor to and continuation of the governing authority
under prior law. The mayor and councilmembers shall be elected in the manner
provided by general law and this charter.
SECTION
2.11.
Town council terms and
qualifications for office.
(a)
The mayor and members of the town council shall serve for terms of four years
and until their respective successors are elected and qualified.
(b) No person shall be mayor or a
member of the council if that person is ineligible for such office pursuant to
Code Section 45-2-1 of the O.C.G.A. or any other general
law.
(c) No person shall be eligible
to serve as mayor or councilmember unless that person shall have been a resident
of the town for six months prior to the date of election of mayor or members of
the council, and each person elected shall continue to reside in the town during
that person's period of service and continue to be registered and qualified to
vote in municipal elections of this town.
SECTION
2.12.
Vacancy; filling of
vacancies.
(a)
Vacancies - The office of mayor or councilmember shall become vacant upon the
incumbent's death, resignation, forfeiture of office, or occurrence of any event
specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A.,
or such other applicable laws as are or may hereafter be
enacted.
(b) Filling of vacancies - A
vacancy in the office of mayor or councilmember shall be filled for the
remainder of the unexpired term, if any, by appointment by the town council or
those members remaining if less than six months remains in the unexpired term.
If such vacancy occurs six months or more prior to the expiration of the term of
that office, it shall be filled for the remainder of the unexpired term by a
special election, as provided for in Section 5.14 of this charter and in
accordance with Titles 21 and 45 of the O.C.G.A., or other such laws as are or
may hereafter be enacted.
(c) This
provision shall also apply to a temporary vacancy created by the suspension from
office of the mayor or any councilmember.
SECTION
2.13.
Compensation and
expenses.
The
mayor and councilmembers shall receive compensation and expenses for their
services as provided by ordinance.
SECTION
2.14.
Holding other office; voting when
financially interested.
(a)
Elected and appointed officers of the town are trustees and servants of the
residents of the town and shall act in a fiduciary capacity for the benefit of
such residents.
(b) Conflict of
interest - No elected official, appointed officer, or employee of the town 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
that person's official duties or which would tend to impair the independence of
the official's judgment or action in the performance of those 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
that person's official duties or would tend to impair the independence of the
official's judgment or action in the performance of those official
duties;
(3)
Disclose confidential information, including information obtained at meetings
which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning
the property, government, or affairs of the governmental body by which the
official is engaged without proper legal authorization; or use such information
to advance the financial or other private interest of the official or
others;
(4)
Accept any valuable gift, whether in the form of service, loan, thing, or
promise, from any person, firm, or corporation which to the official's knowledge
is interested, directly or indirectly, in any manner whatsoever, in business
dealings with the governmental body by which the official 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 town
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 the official has a financial
interest.
(c)
Disclosure - Any elected official, appointed officer, or employee who shall have
any financial interest, directly or indirectly, in any contract or matter
pending before or within any department of the town shall disclose such interest
to the town council. The mayor or any councilmember who has a financial
interest in any matter pending before the town council shall disclose such
interest and such disclosure shall be entered on the records of the town
council, and that official 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 financial interest, directly or indirectly,
in any contract or matter pending before or within such entity shall disclose
such interest to the governing body of such agency or
entity.
(d) Use of public property -
No elected official, appointed officer, or employee of the town or any agency or
entity to which this charter applies shall use property owned by such
governmental entity for personal benefit or profit but shall use such property
only in their capacity as an officer or employee of the
town.
(e) Contracts voidable and
rescindable - 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 town
council.
(f) Ineligibility of elected
official - Except where authorized by law, neither the mayor nor any
councilmember shall hold any other elective or appointive office in the town.
No former mayor and no former councilmember shall hold any appointive office in
the town until one year after the expiration of the term for which that official
was elected.
(g) Political activities
of certain officers and employees - No officer appointed by the town council
shall continue in such employment upon qualifying as a candidate for nomination
or election to any public office. No employee of the town shall continue in
such employment upon qualifying for or election to any public office in this
town or any other public office which is inconsistent, incompatible, or in
conflict with the duties of the town employee. Such determination shall be
made by the mayor and council either immediately upon qualification or at any
time such conflict may arise.
(h)
Penalties for violation
(1)
Any town officer or employee who knowingly conceals such financial interest or
knowingly violates any of the requirements of this section shall be guilty of
malfeasance in office or position and shall be deemed to have forfeited that
person's office or position.
(2)
Any officer or employee of the town who shall forfeit an office or position as
described in paragraph (1) of this subsection, shall be ineligible for
appointment or election to or employment in a position in the town government
for a period of three years thereafter.
SECTION
2.15.
Inquiries and
investigations.
Following
the adoption of an authorizing resolution, the town council may make inquiries
and investigations into the affairs of the town 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 these powers by the town council shall be punished as provided by
ordinance.
SECTION
2.16.
General power and authority of
the town council.
(a)
Except as otherwise provided by law or this charter, the town council shall be
vested with all the powers of government of this
town.
(b) In addition to all other
powers conferred upon it by law, the council shall have the authority to adopt
and provide for the execution of such ordinances, resolutions, rules, and
regulations, not inconsistent with this charter and the Constitution and the
laws of the State of Georgia, which it shall deem necessary, expedient, or
helpful for the peace, good order, protection of life and property, health,
welfare, sanitation, comfort, convenience, prosperity, or well-being of the
inhabitants of the Town of Trion and may enforce such ordinances by imposing
penalties for violation thereof.
SECTION
2.17.
Eminent domain.
The
town council is hereby 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 town, and to regulate the use thereof, and for such purposes,
property may be condemned under procedures established under general law
applicable now or as provided in the future.
SECTION
2.18.
Organizational
meetings.
The
town council shall hold an organizational meeting on a date in January of each
even-numbered year as specified by ordinance. The meeting shall be called to
order by the town clerk and the oath of office shall be administered to the
newly elected members by a judicial officer authorized to administer oaths and
shall, to the extent that it comports with federal and state law, be as
follows:
"I
do solemnly (swear)(affirm) that I will faithfully perform the duties of
(mayor)(councilmember) of this town and that I will support and defend the
charter thereof as well as the constitution and laws of the State of Georgia and
of the United States of America. I am not the holder of any unaccounted for
public money due this state or any political subdivision or authority thereof.
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 by the laws of the State
of Georgia am prohibited from holding. I am otherwise qualified to hold said
office according to the Constitution and laws of Georgia. I have been a
resident of the Town of Trion for the time required by the Constitution and laws
of this state and by the municipal charter. I will perform the duties of my
office in the best interest of the Town of Trion to the best of my ability
without fear, favor, affection, reward, or expectation thereof."
SECTION
2.19.
Regular and special
meetings.
(a)
The town council shall hold regular meetings at such times and places as shall
be prescribed by ordinance.
(b)
Special meetings of the town council may be held on call of the mayor or two
members of the town council. Notice of such special meetings shall be served on
all other members personally, or by telephone personally, at least 48 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 town
council shall be public to the extent required by law and notice to the public
of special meetings shall be made fully as is reasonably possible as provided by
Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or
may hereafter be enacted.
SECTION
2.20.
Rules of procedure.
(a)
The town 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 chairs and officers of the town council shall be appointed by the
mayor with the approval and consent of the town council and shall serve at the
pleasure of the town council. The mayor shall have the power to appoint new
members to any committee at any time.
SECTION
2.21.
Quorum; voting.
(a)
Three councilmembers shall constitute a quorum and shall be authorized to
transact business of the town 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 town council shall have the right to request a roll call vote and
such vote shall be recorded in the journal. Except as otherwise provided in
this charter, the affirmative vote of three councilmembers shall be required for
the adoption of any ordinance, resolution, or
motion.
(b) The mayor shall only vote
in the event of a tie between councilmembers.
SECTION
2.22.
Ordinance form;
procedures.
(a)
Every proposed ordinance should 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 "It is hereby ordained by
the governing authority of the Town of Trion" and every ordinance shall so
begin.
(b) An ordinance may be
introduced by any councilmember and be read at a regular or special meeting of
the town council. Ordinances shall be considered and adopted or rejected by the
town 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 in Section 2.24 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 town
council may designate.
SECTION
2.23.
Action requiring an
ordinance.
Acts
of the town council which have the force and effect of law shall be enacted by
ordinance.
SECTION
2.24.
Emergencies.
(a)
To meet a public emergency affecting life, health, property, or public peace,
the town council may convene on call of the mayor or two councilmembers and
promptly adopt an emergency ordinance, but such ordinance may 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 still exists. 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)
Such 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
2.25.
Codes of technical
regulations.
(a)
The town 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 as prescribed for ordinances
generally except that:
(1)
The requirements of Section 2.22(b) 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
2.26.
(b)
Copies of any adopted code of technical regulations shall be made available by
the clerk for inspection by the public.
SECTION
2.26.
Signing; authenticating;
recording; codification; printing.
(a)
The clerk shall authenticate by the clerk's signature and record in full in a
properly indexed book kept for that purpose, all ordinances adopted by the
council.
(b) The town council shall
provide for the preparation of a general codification of all the ordinances of
the town having the force and effect of law. The general codification shall be
adopted by the town council by ordinance and shall be published promptly,
together with all amendments thereto and such codes of technical regulations and
other rules and regulations as the town council may specify. This compilation
shall be known and cited officially as "The Code of the Town of Trion, Georgia."
Copies of the code shall be furnished to all officers, departments, and agencies
of the town, and made available for purchase by the public at a reasonable price
as fixed by the town council.
(c) The
town 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 town 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
currently in effect and shall be suitable in form for incorporation therein.
The town council shall make such further arrangements as deemed desirable with
reproduction and distribution of any current changes in or additions to codes of
technical regulations and other rules and regulations included in the
code.
SECTION
2.27.
Election of mayor; forfeiture;
compensation.
The
mayor shall be elected and serve for a term of four years and until a successor
is elected and qualified. The mayor shall be a qualified elector of this town
and shall have been a resident of the town for six months prior to the election.
The mayor shall continue to reside in this town during the period of service.
The mayor shall forfeit the office on the same grounds and under the same
procedure as for councilmembers. The compensation of the mayor shall be
established in the same manner as for councilmembers.
SECTION
2.28.
Mayor pro tem.
By
a majority vote, the town council shall elect a councilmember to serve as mayor
pro tem. The mayor pro tem shall assume the duties and powers of the mayor
during the mayor's physical or mental disability, suspension from office, or
absence. Any such disability or absence shall be declared by a majority vote of
the town council. The mayor pro tem shall sign all contracts and ordinances in
which the mayor has a disqualifying financial interest as provided in Section
2.14 of this charter. When acting as mayor, the mayor pro tem shall continue to
have a vote only as a member of the council.
SECTION
2.29.
Powers and duties of
mayor.
The
mayor shall:
(a)
Preside at all meetings of the town council;
(b)
Be the head of the town for the purpose of service of process and for ceremonial
purposes, and be the official spokesperson for the town and the chief advocate
of policy;
(c)
Have the power to administer oaths and to take affidavits;
(d)
Sign as a matter of course on behalf of the town all written and approved
contracts, ordinances, and other instruments executed by the town which by law
are required to be in writing;
(e)
Vote on matters before the town council only in the case of a tie between
councilmembers and shall not be counted toward a quorum of the town
council;
(f)
Prepare and submit to the town council a recommended annual operating budget and
recommended capital budget; and
(g)
Fulfill such other executive and administrative duties as the town council shall
by ordinance establish.
ARTICLE
III
ADMINISTRATIVE AFFAIRS
SECTION
3.10.
Administrative and service
departments.
(a)
Except as otherwise provided in this charter, the town council, by ordinance,
shall prescribe the functions or duties, and establish, abolish, alter,
consolidate, or leave vacant all nonelective offices, positions of employment,
departments, and agencies of the town, as necessary for the proper
administration of the affairs and government of this
town.
(b) Except as otherwise provided
by this charter or by law, the directors of departments and other appointed
officers of the town shall be appointed solely on the basis of their respective
administrative and professional
qualifications.
(c) All appointive
officers and directors of departments shall receive such compensation as
prescribed by ordinance or
resolution.
(d) There shall be a
director of each department or agency who shall be its principal officer. Each
director shall, subject to the direction and supervision of the mayor, be
responsible for the administration and direction of the affairs and operations
of that director's department or
agency.
(e) All appointive officers
and directors under the supervision of the mayor shall be nominated by the mayor
with confirmation of appointment by the town council. All appointive officers
and directors shall be employees at-will and subject to removal or suspension at
any time by the mayor unless otherwise provided by law or
ordinance.
SECTION
3.11.
Boards, commissions, and
authorities.
(a)
The town council shall create by ordinance such boards, commissions, and
authorities to fulfill any investigative, quasi-judicial, or quasi-legislative
function the town 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 town shall be appointed by the town 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 town 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 board, commission, or authority
shall hold any elective office in the
town.
(e) Any vacancy on a board,
commission, or authority of the town shall be filled for the unexpired term in
the manner prescribed herein for 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 that
person has executed and filed with the clerk of the town an oath obligating
himself to faithfully and impartially perform the duties of that member's
office, such oath to be prescribed by ordinance and administered by the
mayor.
(g) All board members serve
at-will and may be removed at any time by a vote of three members of the town
council unless otherwise provided by
law.
(h) Except as otherwise provided
by this charter or by law, each board, commission, or authority of the town
shall elect one of its members as chair and one member as vice chair, and may
elect as its secretary one of its own members or may appoint as secretary an
employee of the town. Each board, commission, or authority of the town
government may establish such bylaws, rules, and regulations, not inconsistent
with this charter, ordinances of the town, or law, as it deems appropriate and
necessary for the fulfillment of its duties or the conduct of its affairs.
Copies of such bylaws, rules, and regulations shall be filed with the clerk of
the town.
SECTION
3.12.
Town attorney.
(a)
The mayor shall appoint a town attorney, together with such assistant town
attorneys as may be authorized, and the town council shall provide for the
payment of such attorney or attorneys for services rendered to the town. The
town attorney shall be responsible for providing for the representation and
defense of the town in all litigation in which the town is a party; may be the
prosecuting officer in the municipal court; shall attend the meetings of the
council as directed; shall advise the town council, mayor, and other officers
and employees of the town concerning legal aspects of the town's affairs; and
shall perform such other duties as may be required by virtue of the person's
position as town attorney.
(b) The
town attorney is not a public official of the town and shall not take an oath of
office. The town attorney shall at all times be an independent contractor. A
law firm, rather than an individual, may be designated as the town
attorney.
SECTION
3.13.
Town clerk.
The
town council shall appoint a town clerk who shall not be a councilmember. The
town clerk shall be custodian of the official town seal and town records;
maintain town council records required by this charter; and perform such other
duties as may be required by the town council.
SECTION
3.14.
Position classification and pay
plans.
The
mayor shall be responsible for the preparation of a position classification and
pay plan which shall be submitted to the town council for approval. Such plan
may apply to all employees of the town and any of its agencies, departments,
boards, commissions, or authorities. When a pay plan has been adopted, the town
council shall not increase or decrease the salary range applicable to any
position except by amendment of such pay plan. For purposes of this section,
all elected and appointed town officials are not town employees.
SECTION
3.15.
Personnel policies.
All
employees serve at-will and may be removed from office at any time unless
otherwise provided by ordinance.
ARTICLE
IV
JUDICIAL BRANCH
SECTION
4.10.
Creation; name.
There
shall be a court to be known as the Municipal Court of the Town of
Trion.
SECTION
4.11.
Chief judge; associate
judge.
(a)
The municipal court shall be presided over by a chief judge and such part-time,
full-time, or standby judges as shall be provided by
ordinance.
(b) No person shall be
qualified or eligible to serve as a judge on the municipal court unless that
person shall have attained the age of 25 years, shall have been a resident of
Chattooga County, Georgia, for at least one year, and shall possess all
qualifications required by law. All judges shall be appointed by the town
council and shall serve until a successor is appointed and
qualified.
(c) The chief judge, and
such other part-time, full-time, and standby judges, shall be selected by the
mayor and approved by a majority vote of a quorum of the town council and once
appointed shall serve until a successor is appointed and
qualified.
(d) Compensation of the
judges shall be fixed by ordinance.
(e)
All judges serve at-will and may be removed from office at any time by the town
council unless otherwise provided by
ordinance.
(f) Before assuming office,
each judge shall take an oath, given by the mayor, that the judge will honestly
and faithfully discharge the duties of the office to the best of that person's
ability and without fear, favor or partiality. The oath shall be entered upon
the minutes of the town council journal required in Section 2.20.
SECTION
4.12.
Convening.
The
municipal court shall be convened at regular intervals as provided by
ordinance.
SECTION
4.13.
Jurisdiction;
powers.
(a)
The municipal court shall have jurisdiction and authority to try and punish
violations of this charter, all town ordinances, and such other violations as
provided by law.
(b) The municipal
court shall have authority to punish those in its presence for contempt,
provided that such punishment shall not exceed $200.00 or ten days in
jail.
(c) The municipal court may fix
punishment for offenses within its jurisdiction not exceeding a fine of
$1,000.00 or imprisonment for 180 days, or both such fine and imprisonment, or
may fix punishment by fine, imprisonment, or alternative sentencing as now or
hereafter provided by law, including up to 30 days of community
service.
(d) The municipal court shall
have authority to establish a schedule of fees to defray the cost of operation,
and shall be entitled to reimbursement of the cost of meals, transportation, and
caretaking of prisoners bound over to superior courts for violations 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 for the
appearance of persons charged with violations. Whenever any person shall give
bail for that person's appearance and shall fail to appear at the time fixed for
trial, the bond shall be forfeited by the judge presiding at such time, and an
execution issued thereon by serving the defendant and the defendant's sureties
with a rule nisi, at least two days before a hearing on the rule nisi. In the
event that cash or property is accepted in lieu of bond for security for the
appearance of a defendant at trial, and if such defendant fails to appear at the
time and place fixed for trial, the cash so deposited shall be on order of the
judge declared forfeited to the town, or the property so deposited shall have a
lien against it for the value forfeited which lien shall be enforceable in the
same manner and to the same extent as a lien for town property
taxes.
(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 are
necessary.
(g) 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.
(h) 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 town, 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 town.
SECTION
4.14.
Certiorari.
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
Chattooga County under the laws of the State of Georgia regulating the granting
and issuance of writs of certiorari.
SECTION
4.15.
Rules for Court.
With
the approval of the town council, the chief 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 town council may adopt in part or in toto the rules
and regulations applicable to municipal courts. The rules and regulations made
or adopted shall be filed with the town clerk, shall be available for public
inspection, and, upon request, a copy shall be furnished to all defendants in
municipal court proceedings at least 48 hours prior to said
proceedings.
ARTICLE
V
ELECTIONS AND REMOVAL
SECTION
5.10.
Applicability of general
law.
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," as now or
hereafter amended.
SECTION
5.12.
Non-partisan
elections.
Political parties shall not conduct primaries for town offices and all names of
candidates for town offices shall be listed without party
designations.
SECTION
5.13.
Election by
plurality.
(a)
For the purpose of electing members of the town council, there shall be five
seats on the council, designated as Council Seats 1 through 5. A candidate
shall designate the seat for which he or she is offering at the time of
qualifying. Members may reside anywhere within the town and shall be elected by
the electors of the entire town.
(b)
The mayor and members of the town council in office on the effective date of
this charter shall serve out the terms to which they were elected and until
their respective successors are elected and
qualified.
(c) At the municipal
general election in 2013, an election shall be held for successors to the mayor
and those members of the council from Council Seats 1, 2, and 3, whose terms are
expiring. Such successors shall take office on January 1, 2014, and shall serve
for terms of four years and until their respective successors are elected and
qualified. Thereafter, successors shall be elected at the municipal general
election immediately preceding the end of the term of office, shall take office
on the first day of January following such election, and shall serve for terms
of four years and until their respective successors are elected and
qualified.
(d) At the municipal
general election in 2015, an election shall be held for successors to those
members of the council from Council Seats 4 and 5, whose terms are expiring.
Such successors shall take office on January 1, 2016, and shall serve for terms
of four years and until their respective successors are elected and qualified.
Thereafter, successors shall be elected at the municipal general election
immediately preceding the end of the term of office, shall take office on the
first day of January following such election, and shall serve for terms of four
years and until their respective successors are elected and
qualified.
(e) The person receiving a
plurality of the votes cast for any town office shall be elected.
SECTION
5.14.
Special elections;
vacancies.
In
the event that the office of mayor or councilmember shall become vacant as
provided in Section 2.12 of this charter, the town council or those remaining
shall order a special election to fill the balance of the unexpired term of such
official; provided, however, if such vacancy occurs within six months of the
expiration of the term of that office, the town council or those remaining shall
appoint a successor for the remainder of the term. In all other respects, the
special election shall be held and conducted in accordance with Chapter 2 of
Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter
amended.
SECTION
5.15.
Other provisions.
Except
as otherwise provided by this charter, the town 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."
SECTION
5.16.
Removal of officers.
(a)
The mayor, councilmembers, or other appointed officers provided for in this
charter shall be removed from office for any one or more of the causes provided
in Title 45 of the O.C.G.A., or such other applicable laws as are or may
hereafter be enacted.
(b) Removal of
an officer pursuant to subsection (a) of this section shall be accomplished one
of the following methods:
(1)
Following a hearing at which an impartial panel shall render a decision. In the
event an elected officer is sought to be removed by the action of the town
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 the service of such written notice. The town council
shall provide by ordinance for the manner in which such hearings shall be held.
Any elected officer sought to be removed from office as herein provided shall
have the right of appeal from the decision of the town council to the Superior
Court of Chattooga County. Such appeal shall be governed by the same rules as
govern appeals to the superior court from the probate court.
(2)
By an order of the Superior Court of Chattooga County following a hearing on a
complaint seeking such removal brought by any resident of the Town of
Trion.
ARTICLE
VI
FINANCE
SECTION
6.10.
Property tax.
The
town council may assess, levy, and collect an ad valorem tax on all real and
personal property within the corporate limits of the town 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 town 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 town council
in its discretion.
SECTION
6.11.
Millage rate; due dates; payment
methods.
The
town council, by ordinance, shall establish a millage rate for the town property
tax, a due date, and the time period within which these taxes must be paid. The
town council, by ordinance, may provide for the payment of these taxes by two
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 and business
taxes.
The
town council by ordinance shall have the power to levy such occupation or
business taxes as are not denied by law. The town council may classify
businesses, occupations, or professions 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.
SECTION
6.13.
Regulatory fees;
permits.
The
town council by ordinance shall have the power to require businesses or
practitioners doing business within this town to obtain a permit for such
activity from the town and pay a reasonable regulatory fee for such permit as
provided by general law. Such fees shall reflect the total cost to the town of
regulating the activity, and if unpaid, shall be collected as provided in
Section 6.18.
SECTION
6.14.
Franchises.
(a)
The town council shall have the power to grant franchises for the use of this
town's 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. The town council shall determine
the duration, terms, whether the same shall be exclusive or nonexclusive, and
the consideration for such franchises; provided, however, no franchise shall be
granted for a period in excess of 35 years and no franchise shall be granted
unless the town receives just and adequate compensation therefor. The town
council shall provide for the registration of all franchises with the town clerk
in a registration book kept by the clerk. The town 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 town council has the authority to impose a
tax on gross receipts for the use of this town's 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 charges.
The
town council by ordinance shall have the power to assess and collect fees,
charges, assessments, and tolls for sewers, sanitary and health services, or any
other services provided or made available within and without the corporate
limits of the town. If unpaid, such charges shall be collected as provided in
Section 6.18.
SECTION
6.16.
Special assessments.
The
town council by ordinance shall have the power to assess and collect the cost 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. If unpaid, such charges shall be collected
as provided in Section 6.18.
SECTION
6.17.
Construction; other taxes and
fees.
This
town shall be empowered to levy any other tax or fee 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 town to
govern its local affairs.
SECTION
6.18.
Collection of delinquent taxes
and fees.
The
town council, by ordinance, may provide generally for the collection of
delinquent taxes, fees, or other revenue due the town under Sections 6.10
through 6.17 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.fa.'s; creation and priority
of liens; making delinquent taxes and fees personal debts of the persons
required to pay the taxes or fees imposed; revoking town permits for failure to
pay any town taxes or fees; and providing for the assignment or transfer of tax
executions.
SECTION
6.19.
General obligation
bonds.
The
town 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 town 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.
The
town may obtain short-term loans and must repay such loans not later than
December 31 of each year, unless otherwise provided by law.
SECTION
6.22.
Lease-purchase
contracts.
The
town 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
6.23.
Fiscal Year.
The
town 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 town
government unless otherwise provided by state or federal law.
SECTION
6.24.
Preparation of budgets.
The
town council shall provide an ordinance on the procedures and requirements for
the preparation and execution of an annual operating budget, a capital
improvement plan, and a capital budget, including requirements as to the scope,
content, and form of such budgets and plans.
SECTION
6.25.
Submission of operating budget to
town council.
On
or before a date fixed by the town council but not later than 90 days prior to
the beginning of each fiscal year, the mayor shall submit to the town council a
proposed operating budget for the ensuing fiscal year. The budget shall be
accompanied by a message from the mayor containing a statement of the general
fiscal policies of the town, 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 pertinent comments and information. The operating budget
and the capital budget hereinafter provided for, the budget message, and all
supporting documents shall be filed in the office of the town clerk and shall be
open to public inspection.
SECTION
6.26.
Action by town council on
budget.
(a)
The town council may amend the operating budget proposed by the mayor; 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, and the total appropriations
from any fund shall not exceed the estimated fund balance, reserves, and
revenues.
(b) The town council by
ordinance shall adopt the final operating budget for the ensuing fiscal year not
later than the first day of December of each year. If the town council fails to
adopt the budget by this date, the amounts appropriated for operation for the
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
town 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 6.24 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
allotment thereof, to which it is chargeable.
SECTION
6.27.
Tax levies.
The
town council shall levy by ordinance such taxes as are necessary. The taxes and
tax rates set by such ordinances 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 expenses of the general government of this
town.
SECTION
6.28.
Changes in
appropriations.
The
town council by ordinance may make changes in the appropriations contained in
the current operating budget, at any regular meeting, special, or emergency
meeting called for such purpose, but any additional appropriations may be made
only from an existing unexpended surplus.
SECTION
6.29.
Capital budget.
(a)
On or before the date fixed by the town council but no later than 90 days prior
to the beginning of each fiscal year, the mayor shall submit to the town council
a proposed capital improvements plan with a recommended capital budget
containing the means of financing the improvements proposed for the ensuing
fiscal year. The town council shall have power to accept, with or without
amendments, or reject the proposed plan and proposed budget. The town 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 budget, except to meet a public emergency as provided in
Section 2.24 of this charter.
(b) The
town council shall adopt by ordinance the final capital budget for the ensuing
fiscal year not later than the first day of December of each year. No
appropriation provided for in a prior capital budget shall lapse until the
purpose for which the appropriation was made shall have been accomplished or
abandoned; provided, however, the mayor may submit amendments to the capital
budget at any time during the fiscal year, accompanied by recommendations. Any
such amendments to the capital budget shall become effective only upon adoption
by ordinance.
SECTION
6.30.
Independent audit.
There
shall be an annual independent audit of all town accounts, funds, and financial
transactions by a certified public accountant selected by the town council. The
audit shall be conducted according to generally accepted auditing principles.
Any audit of any funds by the state or federal governments may be accepted as
satisfying the requirements of this charter. Copies of annual audit reports
shall be available at printing costs to the public.
SECTION
6.31.
Contracting
procedures.
No
contract with the town shall be binding on the town unless:
(1)
It is in writing;
(2)
It is drawn by or submitted to and reviewed by the town attorney and, as a
matter of course, is signed by the town attorney to indicate such drafting or
review; and
(3)
It is made or authorized by the town council and such approval is entered in the
town council journal of proceedings pursuant to Section 2.21 of this
charter.
SECTION
6.32.
Centralized
purchasing.
The
town council shall by ordinance prescribe procedures for a system of centralized
purchasing for the town.
SECTION
6.33.
Sale and lease of town
property.
(a)
The town council may sell and convey, or lease any real or personal property
owned or held by the town for governmental or other purposes as now or hereafter
provided by law.
(b) The town council
may quitclaim any rights it may have in property not needed for public purposes
upon report 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
town has no readily ascertainable monetary
value.
(c) Whenever in opening,
extending or widening any street, avenue, alley, or public place of the town, 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 town, the town council may authorize the
mayor to sell and convey said cut-off or separated parcel or tract of land to an
abutting or adjoining property owner or owners where such sale and conveyance
facilitates the enjoyment of the highest and best use of the abutting owner's
property. Included in the sales contract shall be a provision for the rights of
way of said street, avenue, alley, or public place. Each abutting property
owner shall be notified of the availability of the property and given the
opportunity to purchase said property under such terms and conditions as set out
by ordinance. All deeds and conveyances heretofore and hereafter so executed
and delivered shall convey all title and interest the town has in such property,
notwithstanding the fact that no public sale after advertisement was or is
hereafter made.
ARTICLE
VII
EDUCATION
SECTION
7.10.
Board of education.
(a)
The Board of Education of the Town of Trion which was appointed and in existence
on the effective date of this charter is continued in existence but, on and
after the effective date of this charter, shall be constituted as provided in
this article. The Board of Education of the Town of Trion so continued and
constituted, sometimes referred to in this article as the "board," shall
continue to have the same powers, duties, rights, obligations, and liabilities
of that Board of Education of the Town of Trion as existed immediately before
the effective date of this charter and shall be subject to all constitutional
and statutory provisions relating to boards of education and not in conflict
with this article.
(b) The Board of
Education of the Town of Trion shall consist of five members elected at large by
the electors of the Town of Trion Independent School District in accordance with
this section. Those members of the Board of Education of the Town of Trion who
are serving as such on the effective date of this charter shall serve out the
terms of office to which such members were elected.
(c)(1)
No person shall be a member of the board if that person is ineligible for such
office pursuant to Code Section 20-2-51 or 45-2-1 of the O.C.G.A. or any other
general law.
(2)
In order to be elected as a member of the board, a person shall have resided in
the Town of Trion Independent School District for at least 12 months prior to
election thereto. Only electors who are residents of that school district shall
vote for a member of the board, A person elected as a member of the board shall
continue to reside in that school district during that person's terms of office
or that office shall thereupon become vacant.
(d)
For the purpose of electing the members of the Board of Education of the Town of
Trion, there shall be five seats on the board, designated as Board Seats 1
through 5. A candidate shall designate the seat for which he or she offers at
the time of qualifying. Members may reside anywhere within the school district
and shall be elected by the electors of the entire school
district.
(e) An election shall be
conducted at the time of and in conjunction with the general municipal election
in 2013 to elect successors to the members from Board Seats 1, 2, and 3 whose
terms expire on December 31, 2013. Those members elected from Board Seats 1, 2,
and 3 shall take office on January 1, 2014, and shall serve for terms of four
years and until their respective successors are elected and qualified.
Successors to such members shall be elected at the municipal general election
immediately prior to the end of their terms and such successors shall take
office on January 1 immediately following such election and shall serve for
terms of four years and until their respective successors are elected and
qualified.
(f) An election shall be
conducted at the time of and in conjunction with the general municipal election
in 2015 to elect successors to the members from Board Seats 4 and 5 whose terms
expire on December 31, 2015. Those members elected from Board Seats 4
and 5 shall take office on January 1, 2016, and shall serve for terms of
four years and until their respective successors are elected and qualified.
Successors to such members shall be elected at the municipal general election
immediately prior to the end of their terms and such successors shall take
office on January 1 immediately following such election and shall serve for
terms of four years and until their respective successors are elected and
qualified.
(g) All elections for
members of the board shall be conducted in accordance with Chapter 2 of
Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter
amended. Such elections shall be held on a nonpartisan basis and the person
received a plurality of the votes cast for such seat shall be
elected.
SECTION
7.11.
Vacancies.
In
the event of a vacancy occurring in the membership of the board for any reason
other than expiration of term, that vacancy shall be filled as provided in Code
Section 20-2-54.1 of the O.C.G.A.
SECTION
7.12.
Compensation.
Members
of the Board of Education of the Town of Trion shall be compensated in the same
amount and subject to the same procedures as the members of the town council.
Members of the board shall be reimbursed for expenses in the same manner as
members of the town council.
SECTION
7.13.
Chairperson.
The
chairperson of the board shall be elected from the membership of the board as
provided in Code Section 20-2-57 of the O.C.G.A.
SECTION
7.14.
School
superintendent.
(a)
The Board of Education of the Town of Trion shall appoint a school
superintendent. Unless otherwise provided by general law, such school
superintendent shall serve at the pleasure of the board or the board may provide
the school superintendent with a contract of employment for a fixed
term.
(b) Except as otherwise provided
in this section, the school superintendent shall be subject to all general laws
of this state relating to school superintendents.
ARTICLE
VIII
GENERAL PROVISIONS
SECTION
8.10.
Bonds for officials.
The
officers and employees of this town, both elective and appointive, shall execute
such surety or fidelity bonds in such amounts and upon such terms and conditions
as the town council shall from time to time require by ordinance or as may be
provided by law.
SECTION
8.11.
Prior ordinances.
All
ordinances, resolutions, rules and regulations now in force in the town not
inconsistent with this charter are hereby declared valid and of full effect and
force until amended or repealed by the town council.
SECTION
8.12.
Existing personnel and
officers.
Except
as specifically provided otherwise by this charter, all personnel and officers
of the town and their rights, privileges, and powers shall continue beyond the
time this charter takes effect for a period of 90 days before or during which
the existing town council shall pass a transition ordinance detailing the
changes in personnel and appointive officers required or desired and arranging
such titles, rights, privileges, and powers as may be required or desired to
allow a reasonable transition.
SECTION
8.13.
Pending 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 town agencies,
personnel, or offices as may be provided by the town council.
SECTION
8.14.
Construction.
(a)
Section captions in this charter are informative only and are not to 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
8.15.
Severability.
If
any article, section, subsection, paragraph, sentence, or part thereof of this
charter shall be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect or impair other parts of this charter
unless it clearly appears that such other parts are wholly and necessarily
dependent upon the part held to be invalid or unconstitutional, it being the
legislative intent in enacting this charter that each article, section,
subsection, paragraph, sentence, or part thereof be enacted separately and
independent of each other.
SECTION
8.16.
Specific repealer.
An
Act incorporating the Town of Trion, approved December 18, 1897
(Ga. L. 1897, p. 352), is hereby repealed in its entirety and all
amendatory acts thereto are likewise repealed in their entirety.
SECTION
8.17.
Effective date.
This
charter shall become effective on July 1, 2012.
SECTION
8.18.
All
laws and parts of laws in conflict with this Act are repealed.