City of Danielsville Charter
ARTICLE I. INCORPORATION AND POWERS
Section 1.10. Name
This City and the inhabitants thereof, are hereby constituted and declared a body politic and corporation under the name and style Danielsville, Georgia, and by that name have perpetual succession.
Section 1.11. Corporate Boundaries (New Corporate Boundaries Survey)
a. The corporate boundaries of this city shall be as described and set forth in Appendix A attached to this charter with such alterations as may be made from time to time in the manner provided by 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 City Hall and to be designated, as the case may be:
“Official Map of the corporate limits of the City of Danielsville, Georgia.” Photographic, typed or other copies of such map or description certified by the City 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 city council may provide for changes in the written description of the corporate boundaries as shown in Appendix A and for the redrawing of any city map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn written description of the corporate limits of the city or a redrawn map shall supersede for all purposes the entire written description or map or maps which it is designated to replace.
Section 1.12. Powers and Construction
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 a way of powers if this city.
Section 1.13. Examples of Powers
The powers of this city shall include, but not be limited to, the following:
a. Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the city.
b. 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 hereunder.
c. Appropriations and Expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purpose authorizes 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 payment of expenses of the city
d. Building Regulation. 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: and to revoke such licenses after due process for failure to pay any city taxes or fees.
e. 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 after due process for failure to pay any city taxes or fees.
f. Condemnation. 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 Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.
g. Contracts. To enter into contracts and agreements with other governmental entities and with private persons. Firms and corporations.
h. Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without 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.
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 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 therein and benefitting 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 city, 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 city and the general welfare of its citizens, on such terms and conditions as the donor or granter 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 city court may work out such sentences in any public works or on the streets, roads, drains and squares in the city, to provide for commitment of such persons to any jail, 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 city.
p. 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.
q. 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.
r. Municipal Property Ownership. To acquire, dispose of, 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 city.
s. 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.
t. Municipal Utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, included but not limited to a system of waterworks, sewers, and drains, sewage disposal, gas works, electric light plants, 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; and 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.
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 city planning for development by zoning; and to provide subdivision regulation and the like as the city 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 policemen, and to establish operate, or contract for a police and 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 city; 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 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 public utilities and public services; and to prescribe the rates, fares, regulations, 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 right-of-ways of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances.
ee. Retirement. To provide and maintain a retirement plan for officers and employees of the city.
ff. Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and 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 opposites sides of the street and for other bridges, overpasses and underpasses for private use at such locations, and to charge a rental thereof in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for 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 land, 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 sewage disposal plan and sewerage system, and to levy on those to whom sewers and sewerage are made available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to provide for 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, pawn shops, the manufacture, sale or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive and flammable 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; and to license, tax, regulate or prohibit professional fortune telling, palmistry, adult bookstores, and massage parlors.
jj. Special Assessments. To levy and provide for the collection of special assessments to cover the cost for any public improvements.
kk. Taxes; Ad Valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on 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 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 amount 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 or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; and 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 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 city, 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. City Council Creation: Number; Election.
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 (4) council members. The mayor and council members shall be elected in the manner provided by this charter.
Section 2.11. City Council Terms and Qualifications for Office.
a. The members of the city council shall serve for terms of four (4) years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or council member unless that person shall have been a resident of the city six (6) months prior to the date of the election of mayor or members of the city council; each shall continue to reside therein during that person’s period of service and be registered and qualified to vote in municipal elections of this city. (Amended see GA Laws 2013 Session No. 117(House Bill No.557))
b. All candidates shall be elected at-large.
Section 2.12. Vacancy Filling of Vacancies; Suspensions.
a. Vacancies. The office of mayor or council member shall become vacant upon the incumbent’s death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or general laws of the State of Georgia or upon the occurrence of any event specified by the Constitution, Title 45 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. A vacancy in the office of mayor and council member shall be filled for the remainder of the unexpired term, if any, as provided for in this charter.
Section 2.13. Compensation and Expenses.
The mayor and council members shall receive compensation and expenses for their services as provided by ordinance.
Section 2-14. Holding Other Office; Voting When Personally Interested.
a. Except as authorized by law, the mayor and council member shall not hold any other city office or city employment during the term for which that person is elected.
b. Neither the mayor nor any member of the city council shall vote upon , sign or veto any ordinance, resolution, contract or other matter in which he is personally interested.
Section 2.15. 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 these powers by the city council shall be punished as provided by ordinance.
Section 2.16. General Power and Authority of the City Council.
Except as otherwise provided by law or this charter, the city council shall be vested with all powers of government of this city as provided by Article 1.
Section 2.17. Eminent Domain.
The city 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 other public improvements inside or outside the city, 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 mayor and city council shall hold an organizational meeting during the last council meeting of December following each municipal election. In the event both mayor and the mayor pro tem are serving terms of office which are to expire on December 31of that election year , the meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows:
“ I do solemnly (swear ) (affirm) that I will faithfully perform the duties of (mayor) / (council member) of the City of Danielsville 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. “
Should any official-elect be absent from said meeting, she/he or they shall take the oath of office as soon as possible thereafter.
Section 2.19. Regular and Special 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 three (3) members of the city 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 council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member 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 council member’s presence. Only the business stated in the call may be transacted at the special meeting.
c. Meetings of the city 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 48 hours prior to such meetings.
Section 2.20. Rules of Procedure.
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 public record.
b. All committees and committee chairs and officers of the city council shall be appointed by mayor and shall serve at his pleasure. The mayor shall have the power to appoint new members to any committee at any time.
Section 2.21. Quorum: Voting
Three (3) council members shall constitute a quorum and shall be authorizes to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and such 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. Except as otherwise provided in this charter, the affirmative vote of three (3) council members shall be required for the adoption of any ordinance, resolution, or motion.
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 “The Council of the City of Danielsville hereby ordains …” and every ordinance shall so begin.
b. An ordinance may be introduced by any council member and be read at the 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 in Section 2.24.
Section 2.23. Action Requiring An Ordinance.
Act of the city council which have the force and effect of law shall be enacted by ordinance.
Section 2.24. Emergencies.
To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or two (2) council members 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 affirmation vote of at least three (3) council members 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 re-enactment 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 the same manner specified in this section for adoption of emergency ordinances.
Section 2.25. Codes of Technical Regulations.
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 as prescribed for ordinances generally except that: 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, 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 distribution or for purchase at a reasonable price.
Section 2.26. Signing; Authenticating; Recording; Codification; Printing.
a. The clerk shall authenticate by his/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 the law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as “The Code of the City of Danielsville Georgia.” Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council.
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 at a reasonable price to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinance 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 city council shall make such further arrangements as deemed desirable with the reproduction and distribution of any currant 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 (4) years and until the mayor’s successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of this city immediately preceding his election. The mayor shall continue to reside in this city during the period of the mayor’s service. The mayor shall forfeit his office on the same grounds and under the same procedure as for
council members. The compensation of the mayor shall be established in the same manner as for council members. (Amended see GA Laws 2013 Session No. 117(House Bill No.557))
Section 2.28. Chief Executive Officer.
The mayor shall be the executive of this city; he shall possess all the executive and administrative power granted to the city under the constitution and laws of the State of Georgia, and all the executive administrative powers contained in this charter.
Section 2.29. Powers and Duties of Mayor.
As the chief executive of this city, the mayor shall:
a. see that all laws and ordinances of the city are faithfully executed;
b. appoint and remove all officers, department heads, and employees of the city, as directed by the council, except as otherwise provided in this charter.
c. exercise supervision over all executive and administration work of the city and provide for the coordination of administration activities;
d. prepare and submit to the city council a recommended operating budget and recommended capital budget;
e. submit to the city council at least once a year a statement covering the financial conditions of the city, and from time to time, such other information as the city council may request;
f. 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 he may deem expedient;
g. call special meetings of the city council as provided for in Section 2.19 (b)
h. approve or disapprove ordinances as provided in Section 2.30;
i. provide for an annual audit of all accounts of the city;
j. require any department or agency of the city to submit written reports whenever he deems it expedient; and
k. perform such other duties as may be required by law, this charter, or by ordinance.
Section 2.30. Submission of Ordinances to the Mayor; Veto Power.
a. Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor.
b. The mayor, within ten (10) calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval, or with his disapproval if the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o’clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor.
c. Ordinances vetoed by the mayor shall be presented by the clerk to city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmation vote of three (3) members, it shall become law.
d. The mayor may disapprove or reduce any items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor’s veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless overridden by the council as provided in subsection c. above.
Section 2.31. Mayor Pro Tem; Selection; Duties.
By majority vote, the city council shall elect a council member to serve as mayor pro tem. The mayor or pro tem shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon mayor’s disability or absence.
The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor or pro tem is disabled, absent or acting as mayor. Any such absence or disability shall be declared by majority vote of all council members.
Article III. ADMINISTRATION AFFAIRS
Section 3.10. Administrative and Service Departments.
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 non-elective 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 appointive officers and directors of departments shall receive such compensation as prescribed by ordinance.
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 his or her department or agency.
e. All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor, upon the direction of the council members, may suspend or remove directors under his/her supervision but such shall not be effective for seven (7) calendar days following the mayor giving written notice of such action and the reasons thereof to the director involved. The director involved may appeal to the city council which, after a hearing, may override the mayor’s action by a vote of three (3) council members.
Section 3.11. Boards, Commissions and Authorities.
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 city council for such terms of office and in such a 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 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 city.
e. Any vacancy on a board, commission or authority of the city 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 he/she has executed and filed with the clerk of the city an oath obligating that person to faithfully and impartially perform the duties of his 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 three (3) members of the city council.
h. Except as otherwise provided by this charter or by law, each board, commission or authority of the city shall elect one of its members chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city may establish rules and regulations, not inconsistent with this charter, ordinances of the city, 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 city.
Section 3.12. City Attorney.
The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for service rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city’s affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.
Section 3.13. City Clerk.
The city council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal; maintain city council records required by this charter; and perform such duties as may be required by the city council.
Section 3.14. City Treasurer.
The city council shall appoint a city treasurer, who may be the city clerk, 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 the State of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. (Amended see GA Laws 2013 Session No. 117(House Bill No.557))
Section 3.15. City Accountant.
The city council shall appoint a city accountant to perform the duties of an accountant.
Section 3.16. 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 city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the city 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 city officials are not city employees.
Section 3.17. Personnel Policies.
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 the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of works, 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.
ARTICLE IV. JUDICIAL BRANCH.
Section 4.10. Creation; Name.
There shall be a court to be known as the Municipal Court of the City of Danielsville.
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 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 such person shall have attained the age of twenty-five (25) years and shall have been an attorney licensed to practice law in the State of Georgia for at least three (3) year at the time of appointment. The chief judge shall be nominated and appointed by the mayor and councilmembers and shall serve at the pleasure of the mayor and councilmembers. All other judges shall be nominated by chief judge and appointed by the mayor and councilmembers. (Amended see GA Laws 2013 Session No. 117(House Bill No.557))
c. Compensation of the judges shall be fixed by ordinance.
d. Judges may be removed for cause by a vote of three (3) members of the city council.
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 try and punish violations of the charter, all city ordinances, and such other violations as provided by law.
b. The municipal court shall have authority to punish those on its presence for contempt, provided that such punishment shall not exceed two hundred dollars ($200.00) or ten (10) days in jail.
c. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine for one thousand dollars ($1,000) or imprisonment for one (1) year 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 authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of cost of meals, transportation, and care taking of prisoners bound over to superior courts for violations of state law.
e. The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before such 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 his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) 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 judge declared forfeited to the city, 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 city 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 offences 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 offences against state laws committed within the city.
i. The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayors, recorders and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.
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 violations cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Madison County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.
Section 4.15. Rules of Court.
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 into, to the rules and regulations
applicable to superior courts. The rules and regulations made or adopted shall be filed with the city 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 the Georgia Municipal Election Code (Title 21, Chapter 3 of the Official Code of Georgia Annotated) as now or hereafter amended.
Section 5.11. Election of the City Council and Mayor.
a. There shall be a municipal general election annually on the Tuesday following the first Monday in November commencing in 1998.
b. Notwithstanding the provisions of Sections 2.11 and 2.27 of this charter, at the general municipal election in 2013, there shall be elected successors to those persons whose terms of office expire in January next following such election who shall be elected to two-year terms of office. At the general municipal election in 2015 and every four years thereafter, successors shall be elected to such persons whose terms of office expire in January next following such election who shall be elected to four-year terms of office. At the general municipal election in 2014, successors shall be elected to those persons whose terms expire in January next following such election who shall be elected to three-year terms of office. At the general municipal election in 2017 and every four years thereafter, successors shall be elected to succeed those persons whose terms of office expire in January next following such election who shall be elected to four-year terms of office. (Amended see GA Laws 2013 Session No. 117(House Bill No.557))
Section 5.12. Non-Partisan Elections.
Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.
Section 5.13. Election by Plurality.
The person receiving a plurality of the votes cast for city office shall be elected.
Section 5.14. Special Elections: Vacancies
In the event that the office of mayor or city council member shall become vacant for any cause whatsoever, the city council or those remaining shall appoint a successor for the remainder of theterm, provided that any vacancy occurring during the first 12 months of a term shall be filled by Special Election.
Section 5.15. Other Provisions.
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 the Georgia Municipal Election Code (Title 21, Chapter 3 of the Official Code of Georgia Annotated).
Section 5.16. Removal of Officers.
a. The mayor, council members, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes:
1. By an order of the Superior Court of Madison County following a hearing on a complaint seeking
such removal brought by any resident of the City of Danielsville.
2. By recall pursuant to Georgia Law; and
3. Pursuant to the terms of applicable general law as are or may hereafter be enacted.
b. In addition to the provisions of subsection (a) of this section, the office of any elected official of the city shall be forfeited and vacated upon such official being absent from four regularly scheduled meetings of the city council in any 12 month period, such period to be determined from the date of any meeting from which such elected official is absent to the date of the regularly scheduled meeting 12 months later. Such vacancy shall be filled in accordance with Section 2.12 of this charter. (Amended see GA Laws 2013 Session No. 117(House Bill No.557))
ARTICLE VI. FINANCE
Section 6.10. Property Tax.
The city council may assess, levy and collect as ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by 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 public purpose as determined by the city council in its discretion.
Section 6.11. Millage Rate; Due Dates: Payment Methods.
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 and Business Taxes.
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 the city or who practice or offer to practice any profession or calling therein 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.
Section 6.13. License and Permits; Fees.
The city council by ordinance shall have the power to require any individuals or corporations who transact business in this city or practice or offer to practice any professional or calling therein 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 of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18. The city council by ordinance may establish reasonable requirements for obtaining or keeping such license as the public health, safety and welfare necessitates.
Section 6.14. Franchises.
The city council shall have the power to grant franchises for the use of the city’s streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, 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, no franchise shall be granted unless the city receives just and adequate compensation thereof. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.
Section 6.15. Service Charges.
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 within and without 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 is Section 6.18.
Section 6.16. Special Assessments.
The city 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 under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18.
Section 6.17. Construction; Other Taxes.
The 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 and Fees.
The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Section 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 fifa‘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 city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.
Section 6.19. General Obligation Bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program of 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.
The city 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 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. Preparation of Budgets.
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.
Section 6.24. Submission of Operating Budget to City Council.
On or before a date fixed by the city council but not later than forty-five (45) days prior to the beginning of each fiscal year, the mayor 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 mayor 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 may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, 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. Action by City Council on Budget.
a. The city 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 city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the thirty-first (31st) day of January each year. If the city 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 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.
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 encumbered balance of the appropriates or allotment thereof, to which it is chargeable.
Section 6.26. Tax Levies.
Following adoption of the operating budget, the city council shall levy by ordinance such as are necessary. The taxes and tax rate set by 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 appropriate for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.
Section 6.27. Changes in Appropriations.
The city 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 6.28. Capital Improvements Budget.
a. On or before the date fixed by the city council but no later than forty-five (45) days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have 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 constructing of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budgets, except to meet a public emergency as provided in Section 2.24.
b. The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the thirty-first (31st) day of January of each year. No appropriation provided for in a prior capital improvement 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 improvements budget at any time during the fiscal year, accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.
Section 6.29. Independent Audit.
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 governments 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. Contracting Procedures.
No contract with the city shall be binding on the city unless;
a. It is in writing;
b. It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, it is signed by him/her to indicate such drafting or review; and
c. It is made or authorized by the city council and such approval is entered in the city journal of proceedings pursuant to Section 2.21.
Section 6.31. Centralized Purchasing.
The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city.
Section 6.32. Sale of City 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 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 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-ways of said street, avenue, alley or public place when such swap is deemed to be in the best interest of the 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 elective 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.
Section 7.11. Prior Ordinances.
All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the city council.
Section 7.12. First Election Under This Charter.
The first municipal election held under this charter shall be the Tuesday following the first Monday in November 1998 at which two (2) council persons shall be elected. These two city council seats shall be for a term of two (2) years and until their respective successors are elected and qualified such that a continuing body is created.
Section 7.13. Existing Personnel and Officers.
Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of three hundred sixty five (365) days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition.
Section 7.14. 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 ongoing work or cases shall be complete by such city agencies, personnel or offices as may be provided by the city council.
Section 7.15. 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 7.16. 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 effect 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 7.17. Repealed.
An Act incorporating the City of Danielsville in the County of Madison, approved February 16, 1949 (Ga. L. 1949, pg. 587) is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed.
Section 7.18. Effective Date.
This charter shall become effective on July 1, 1998.
All those tracts or parcels of land lying and being in the 204th GMD, Madison County, Georgia, and being within the corporate boundaries of the City of Danielsville, as shown on a plat of survey entitled “Composite Plat of The City Limits of Danielsville, Georgia,” prepared for the City of Danielsville by James R. Smith, Georgia Registered Land Surveyor No. 2407, dated November 15, 1999, as recorded in Plat Book 37, Page 166, Madison County, Georgia, public records, which plat is hereby incorporated herein by reference hereto.
Copyright © 2007 City of Danielsville, Georgia.
The mayor and council members of the City of Danielsville who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (Amended see GA Laws 2013 Session No. 117(House Bill No.557))
The governing authority of the City of Danielsville shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended as, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. (Amended see GA Laws 2013 Session No. 117(House Bill No.557))
All laws and parts of laws in conflict with this Act are repealed. (Amended see GA Laws 2013 Session No. 117(House Bill No.557))