By : Senator Makenze mathis of the 1st

A BILL TO BE ENTITLED
AN ACT

1 To CREATE Nyrecka County; to provide for a charter for

2 Nyrecka County; to provide for incorporation, boundaries, and powers of the county; to
3 provide for general powers and limitations on powers; to provide for a governing authority
4 of such county and the powers, duties, authority, election, terms, method of filling vacancies,
5 compensation, expenses, qualifications, prohibitions, and districts relative to members of
6 such governing authority; to provide for inquiries and investigations; to provide for
7 organization and procedures; to provide for ordinances; to provide for the office of mayor
8 and certain duties and powers relative to the office of mayor; to provide for administrative
9 responsibilities; to provide for boards, commissions, and authorities; to provide for a chief
10 administrative officer, a county attorney, a county clerk, a treasurer, a chief county auditor,
and other
11 personnel; to provide for a municipal court and the judge or judges thereof; to provide for
12 practices and procedures; to provide for ethics and disclosures; to provide for taxation,
13 licenses, and fees; to provide for franchises, service charges, and assessments; to provide for
14 bonded and other indebtedness; to provide for accounting and budgeting; to provide for
15 purchases; to provide for homestead exemptions; to provide for bonds for officials; to
16 provide for other matters relative to the foregoing; to provide for referenda; to provide for
17 an automatic repeal; to provide effective dates and transitional provisions governing the
18 transfer of various functions and responsibilities from Nyrecka County
19 to provide for severability; to repeal conflicting laws; and for other purposes.

20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

21 ARTICLE I
22 CREATION, INCORPORATION, POWERS
23 SECTION 1.01.
24 Incorporation.

25 This Act shall constitute the charter of the county . The county of Nyrecka
26 in the County of Nyrecka , and the inhabitants thereof, are constituted and declared a body
27 politic and corporate under the name and style of the "County of Nyrecka " and by that name
28 shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts
29 of law and equity, and in all actions whatsoever, and may have and use a common seal.

30 SECTION 1.02.
31 Corporate boundaries.

32 The boundaries of the county of Nyrecka county shall include all unincorporated areas of
Nyrecka
33 County, including the Nyrecka County Industrial District, as such exist on the effective date
34 of this Act. The boundaries of the county are more particularly described in Appendix A,
35 attached to and made a part of this charter. The city clerk shall maintain a current map and
36 written legal description of the corporate boundaries of the city, and such map and
37 description shall incorporate any changes which may hereafter be made in such corporate
38 boundaries.

39 SECTION 1.03.
40 Powers and construction.

41 (a) The city shall have all powers possible for a city to have under the present or future
42 Constitution and laws of this state as fully and completely as though they were specifically
43 enumerated in this Act. The city shall have all the powers of self-government not otherwise
44 prohibited by this Act or by general law.
45 (b) The powers of the city shall be construed liberally in favor of the city. The specific
46 mention or failure to mention particular powers shall not be construed as limiting in any way
47 the powers of the city. These powers shall include, but not be limited to, the following:
48 (1) Animal regulations. To regulate and license or to prohibit the keeping or running at
49 large of animals and fowl, and to provide for their impoundment if in violation of any
50 ordinance or lawful order; to provide for the disposition by sale, gift, or humane
51 destruction of animals and fowl when not redeemed as provided by ordinance; and to
52 provide punishment for violation of ordinances enacted hereunder;
53 (2) Appropriations and expenditures. To make appropriations for the support of the
54 government of the city; to authorize the expenditure of money for any purposes
55 authorized by this Act and for any purpose for which a municipality is authorized by the
56 laws of the State of Georgia; and to provide for the payment of expenses of the city;
57 (3) Building regulation. To regulate and to license the erection and construction of
58 buildings and all other structures; to adopt building, housing, plumbing, electrical, gas,
59 and heating and air conditioning codes; and to regulate all housing and building trades
60 to the extent permitted by general law;
61 (4) Business regulation and taxation. To levy and to provide for the collection of
62 regulatory fees and taxes on privileges, occupations, trades, and professions as authorized
63 by Title 48 of the O.C.G.A., or such other applicable laws as are or may hereafter be
64 enacted; to permit and regulate such fees and taxes; to provide for the manner and method
65 of payment of such regulatory fees and taxes; and to revoke such permits after due
66 process for failure to pay any city taxes or fees;
67 (5) Condemnation. To condemn property, inside or outside the corporate limits of the
68 city, for present or future use and for any corporate purpose deemed necessary by the city
69 council, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other
70 applicable laws as are or may hereafter be enacted;
71 (6) Contracts. To enter into contracts and agreements with other governmental entities
72 and with private persons, firms, and corporations;
73 (7) Emergencies. To establish procedures for determining and proclaiming that an
74 emergency situation exists within or outside the city, and to make and carry out all
75 reasonable provisions deemed necessary to deal with or meet such an emergency for the
76 protection, safety, health, or well-being of the citizens of the city;
77 (8) Environmental protection. To protect and preserve the natural resources,
78 environment, and vital areas of the city, this region, and this state through the
79 preservation and improvement of air quality, the restoration and maintenance of water
80 resources, the control of erosion and sedimentation, the management of storm water and
81 establishment of a storm-water utility, the management of solid and hazardous waste, and
82 other necessary actions for the protection of the environment;
83 (9) Ethics. To adopt ethics ordinances and regulations governing the conduct of
84 municipal elected officials, appointed officials, and employees, establishing procedures
85 for ethics complaints, and setting forth penalties for violations of such rules and
86 procedures;
87 (10) Fire regulations. To fix and establish fire limits and from time to time to extend,
88 enlarge, or restrict such limits; to prescribe fire safety regulations not inconsistent with
 89 general law, relating to both fire prevention
90 and detection and to fire fighting; and to
91 prescribe penalties and punishment for
92 violations thereof;
93 (11) Garbage fees. To levy, fix, assess, and

94 collect a garbage, refuse, and trash collection

95 and disposal and other sanitary service

charge, tax, or fee for such services as may be
96
necessary in the operation of the county from
97
all individuals, firms, and corporations
98
residing in or doing business therein
99
benefiting from such services; to enforce the
100
payment of such charges, taxes, or fees; and
101
to provide for the manner and method of
102
collecting such service charges;
103
(12) General health, safety, and welfare. To
104 define, regulate, and prohibit any act,
105 practice, conduct, or use of property which is
106 detrimental to the health, sanitation,
107 cleanliness, welfare, and safety of the
108 inhabitants of the county, and to provide for
109 the enforcement of such standards;
110 (13) Gifts. To accept or refuse gifts,
111 donations, bequests, or grants from any
112 source for any purpose related to powers and

113 duties of the city and the general welfare of

114 its citizens, on such terms and conditions as

the donor or grantor may impose;
115
(14) Health and sanitation. To prescribe
116
standards of health and sanitation and to
117
provide for the enforcement of such
118
standards;
119
(15) Jail sentences. To provide that persons
120
given jail sentences in the city's court may
121
work out such sentences in any public works
122
or on the streets, roads, drains, and other
123 public property of the city; to provide for
124 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 authority for carrying out all the powers
any county work camp or county jail by conferred upon or delegated to them;
agreement with the appropriate county (18) Municipal debts. To appropriate and
officials; borrow money for the payment of debts of the
(16) Motor vehicles. To regulate the city and to issue bonds for the purpose of
operation of motor vehicles and exercise raising revenue to carry out any project,
control over all traffic, including parking program, or venture authorized by this Act or
upon or across the streets, roads, alleys, and the laws of the State of Georgia;
walkways of the county; (19) Municipal property ownership. To
(17) Municipal agencies and delegation of acquire, dispose of, lease, and hold in trust or
power. To create, alter, or abolish otherwise any real, personal, or mixed
departments, boards, offices, commissions, property, in fee simple or lesser interest,
and agencies of the city, and to confer upon inside or outside the property limits of the
such agencies the necessary and appropriate city;
125 (20) Municipal property protection. To
126 provide for the preservation and protection of
127 property and equipment of the city and their
128 administration and use by the public; and to
129 prescribe penalties and punishment for

130 violations thereof;

131 (21) Municipal utilities. To acquire, lease,

construct, operate, maintain, sell, and dispose
132
of public utilities, including but not limited to
133
a system of waterworks, sewers and drains,
134
sewage disposal, storm-water management,
135
gas works, electric light plants, cable
136
television and other telecommunications,
137
transportation facilities, public airports, and
138
any other public utility; to fix taxes, charges,
139
rates, fares, fees, assessments, regulations,
140 and penalties; and to provide for the
141 withdrawal of service for refusal or failure to
142 pay them; (22) Nuisance. To define a
143 nuisance and provide for its abatement
144 whether on public or private property;
145 (23) Penalties. To provide penalties for
146 violation of any ordinances adopted pursuant
147 to the authority of this Act and the laws of the
148 State of Georgia;

149 (24) Planning and zoning. To provide

150 comprehensive city planning for development

by zoning; and to provide subdivision
151
regulation and the like as the city council
152
deems necessary and reasonable to ensure a
153
safe, healthy, and esthetically pleasing
154
community. In order to facilitate community
155
input in the planning process, the city shall be
156
authorized to create local advisory councils;
157
(25) Police and fire protection. To exercise
158
the power of arrest through duly appointed
159 police officers; and to establish, operate, or
160 contract for a police and a fire-fighting
agency;
(26) Public hazards: removal. To provide
for the destruction and removal of any improvements inside or outside the corporate
building or other structure which is or may limits of the city and to regulate the use of
become dangerous or detrimental to the public improvements; and for such purposes,
public; property may be acquired by condemnation
(27) Public improvements. To provide for under Title 22 of the O.C.G.A., or such other
the acquisition, construction, building, applicable laws as are or may hereafter be
operation, and maintenance of public ways, enacted;
parks and playgrounds, recreational facilities, (28) Public peace. To provide for the
cemeteries, public buildings, libraries, public prevention and punishment of loitering,
housing, parking facilities, or charitable, disorderly conduct, drunkenness, riots, and
cultural, educational, recreational, public disturbances;
conservation, sport, detentional, penal, and (29) Public transportation. To organize and
medical institutions, agencies, and facilities; operate such public transportation systems as
and to provide any other public are deemed beneficial;
161 (30) Public utilities and services. To grant
162 franchises or make contracts for, or impose
163 taxes on, public utilities and public service
164 companies; and to prescribe the rates, fares,
165 regulations, and standards and conditions of

166 service applicable to the service to be

167 provided by the franchise grantee or

contractor, insofar as not in conflict with
168
valid regulations of the Public Service
169
Commission;
170
(31) Regulation of roadside areas. To
171
prohibit or regulate and control the erection,
172
removal, and maintenance of signs,
173
billboards, trees, shrubs, fences, buildings,
174
and any and all other structures or
175
obstructions upon or adjacent to the rights of
176 way of streets and roads or within view
177 thereof within or abutting the corporate limits
178 of the city; and to prescribe penalties and
179 punishment for violation of such ordinances;
180 (32) Retirement. To provide and maintain a
181 retirement plan for officers and employees of
182 the city;
183 (33) Roadways. To lay out, open, extend,
184 widen, narrow, establish or change the grade

185 of, abandon or close, construct, pave, curb,

186 gutter, adorn with shade trees, or otherwise

improve, maintain, repair, clean, prevent
187
erosion of, and light the roads, alleys, and
188
walkways within the corporate limits of the
189
city; to grant franchises and rights of way
190
throughout the streets and roads and over the
191
bridges and viaducts for the use of public
192
utilities; and to require real estate owners to
193
repair and maintain in a safe condition the
194
sidewalks adjoining their lots or lands and to
195 impose penalties for failure to do so;
196 (34) Sewer fees. To levy a fee, charge, or
197 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 and for
enforcing payment of such service charges;
and to charge, impose, and collect a sewer
connection fee or fees to those connected
with the system;
(35) 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;
(36) Special assessments. To levy and provide
for the collection of special assessments to
cover the costs for any public improvements;
(37) Taxes: ad valorem. To levy and provide
for the assessment, valuation, revaluation,
and collection of taxes on all property subject
to taxation; provided, however, that, for all
years, the millage rate imposed for ad
valorem taxes on real property shall not
exceed 13.469 unless a higher limit is
recommended by resolution of the city
council and approved by the qualified voters
of the City of South Fulton; provided, further,
that, for
198 the purposes of compliance with Code
199 Section 48-8-91 of the O.C.G.A., the millage
200 rate may be adjusted upward for the sole
201 purpose of complying with the millage rate
202 rollback provisions set forth therein. For the

203 purposes of this paragraph, the term

204 "qualified voters" means those voters of the

city who are qualified to vote in city elections
205
and cast a vote for or against such measure in
206
such referendum. The question to be
207
presented to the voters in the referendum on
208
increasing the millage rate shall be "Do you
209
approve increasing taxes on residential and
210
nonresidential property for City of South
211
Fulton property owners by raising from
212
[current millage rate] to [proposed millage
213 rate] the operating budget millage rate, which
214 was capped in the original charter for the
215 city?" If such millage rate increase is
216 approved by the qualified voters of the City
217 of South Fulton voting in the referendum, the
218 new rate shall become the maximum limit
219 until changed again by resolution of the city
220 council and approval by a majority of the

221 qualified voters of the City of South Fulton

222 voting in a referendum;

223 (38) Taxes: other. To levy and collect such

other taxes as may be allowed now or in the
224
future by law;
225
(39) Taxicabs. To regulate and license
226
vehicles operated for hire in the city; to limit
227
the number of such vehicles; to require the
228
operators thereof to be licensed; to require
229
public liability insurance on such vehicles in
the amounts to be prescribed by ordinance;
and to regulate the parking of such vehicles;
(40) Urban redevelopment. To organize and
operate an urban redevelopment program;
a
n
d
(41) Other powers. To exercise and enjoy all
other powers, functions, rights, privileges,
and immunities necessary or desirable to
promote or protect the safety, health, peace,
security, good order, comfort, convenience, or
general welfare of the city and its inhabitants;
to exercise all implied powers necessary or
desirable to carry into execution all powers
granted in this Act 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 any listing of particular powers
in this Act shall not be held to be exclusive of
others or 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.
230 S
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232 All powers, functions, rights, privileges, and

233 immunities of the city and its officers, agencies,
234 or employees shall be carried into execution as
235 provided by this Act. If this Act makes no
provision, such shall be carried into execution
as provided by ordinance or as provided by
p
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236 A
R
237
T
238 I
C
239 L
240 E

I
I
GOVERNMEN
T
STRUCTURE,
ELECTIONS,
AND
LEGISLATIVE
BRANCH
SECTION
2.01.
City
council
creation
;
number
;
election
.

241 247
242 248
243 249
244 250
245 251
246 252
(a) The legislative authority of the government c
of the City of South Fulton, except as otherwise t

specifically provided in this Act, shall be f

vested in a city council to be composed of a o
r
president of city council and seven district
councilmembers. w
(b) The mayor and president of city council h
i
shall be elected by a majority vote of the
c
qualified electors of the city at large voting at h
the elections of the city.
h
(c) Each councilmember shall be elected by a
e
majority vote of the qualified electors of his or
o
her respective council district voting at the
r
elections of the city. For the purpose of
electing the seven councilmembers, there shall s
h
be seven council districts, designated Council
e
Districts 1 through 7, as described in Appendix
B of this Act and the accompanying i
s
Redistricting Plan Components Report, which
are attached to and made a part of this charter. o
Each person desiring to offer as a candidate for f
f
councilmember shall designate the council e
d r
i i
s n
t g
r .
i

253 S
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255 T
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0
2
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Mayor, president of city
council, and city
councilmembers; election,
terms, and qualifications
for office.
256 (a) Except as otherwise provided in subsection
257 (c) of this section, the mayor, president of city
258 council, and seven members of the city council
259 shall serve for terms of four years and until
260 their respective successors are elected and

261 qualified. No person shall be eligible to serve

as mayor, president of city council, or
councilmember unless that person shall have
been a resident of the area comprising the
corporate limits of the City of South Fulton for
a continuous period of at least 12 months
immediately prior to the date of the election for
262 mayor, president of city council, or
263 councilmember; shall continue to reside therein
264 during that person's period of service; and shall
265 continue to be registered and qualified to vote
266 in municipal elections of the City of South

267 Fulton. In addition to the above requirements,

268 no person shall be eligible to serve as a

councilmember representing a council district
269
unless that person has been a resident of the
270
district such person seeks to represent for a
271
continuous period of at least 12 months
272
immediately prior to the date of the election for
273
councilmember and continues to reside in such
274
district during that person's period of service.
275
(b) The first general municipal elections shall
276
be held on the Tuesday next following the first
277 Monday in November, 2015. Thereafter,
278 general municipal elections shall be held on the
279 Tuesday next following the first Monday in
280 November in each odd-numbered year
281 following the year in which such first
municipal election is held.
(c) The first mayor, president of city council,
and the initial councilmembers shall take office
on the first day of January, 2016, following the
first municipal election provided for in
subsection (b) of this section. The mayor,
president of city council, and councilmembers
serving Council Districts 2, 4, and 6 shall serve
initial terms of four years. The
councilmembers serving Council Districts 1, 3,
5, and 7 shall serve initial terms of two years.
Their successors shall be elected at the
municipal election immediately preceding the
expiration of their terms and shall take office
on January 1 for terms of four years. No
person shall serve as mayor for more than two
consecutive terms, but a former mayor may
again serve as mayor after the
expiration of four years after
leaving office.
282 S
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283
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3
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President of the
city council;
appointment;
duties.

284 (a) The president of the city council shall be

285 elected by a majority of qualified electors of
286 the city.
287 (b) The president of the city council shall:
288 (1)
Pre
289 sid
290 e at
all
291 me
292 etin
gs
293 of
the
294
city
295 cou
ncil
296 ;
(2) Vote on any motion, resolution,
ordinance, or other question before the
council only as provided in Section 2.11 of
this Act and vote on any matter before a
committee on which he or she serves;
(3) Appoint councilmembers to oversee
and report on the functions of the various
departments of the city;
(4) Prepare or have prepared an agenda for
each meeting of the city council which shall
include all business submitted by the
mayor, any councilmember, and the city
attorney; and
(5) Appoint subject to
the city council
clerk, approval.
299 The office of mayor, president of city council,
300 or councilmember shall become vacant upon
301 the incumbent's death, resignation, forfeiture of
302 office, or removal from office in any manner
303 authorized by this Act or the general laws of

304 the State of Georgia. A vacancy in the office of

305 mayor, president of city council, or

councilmember shall be filled for the remainder
306
of the unexpired term by a special election if
307
such vacancy occurs 12 months or more prior
308
to the expiration of the term of that office. If
309
such vacancy occurs within 12 months of the
310
expiration of the term of that office, the city
311
council or those members remaining shall
appoint a successor for the remainder of the
term. If a vacancy occurs within 12 months of
the expiration of the term for mayor, the
president of city council shall fill the vacancy
for the remainder of the term. If a vacancy
occurs within 12 months of the expiration of
the term for president of city council, those
remaining on the city council shall appoint a
successor for the remainder of the term. This
provision shall also apply to a temporary
vacancy created
by the suspension from office of the mayor,
president of city council, or any
councilmember.

312 S
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314 Political parties shall not conduct primaries for

city offices and all names of candidates for
315
city offices shall be listed without party
designation.

316 S
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317
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v
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.

318 The candidates for mayor, president of city

319 council, and councilmember who receive a
320 majority of the votes cast in the applicable
321 election shall be elected to a term of office. In
322 the event no candidate receives a majority of

323 the votes cast in such election, a run-off

election shall be held between the candidates
receiving the two highest number of votes.
Such runoff shall be held at the time specified
by state election law, unless such run-off date is
postponed by court order.
326 All primaries and elections shall be held and
327 conducted in accordance with Chapter 2 of
328 Title 21 of the O.C.G.A., the "Georgia Election
329 Code," as now or hereafter amended. Except as
330 otherwise provided by this Act, the city council

331 shall, by ordinance or resolution, prescribe

such rules and regulations as it deems
appropriate, including, but not limited to, the
establishment of qualifying fees, to fulfill any
options and duties under Chapter 2 of Title 21
of the O.C.G.A., the "Georgia
Election Code," as now or
hereafter amended.

332 S
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334
336
335
337 The annual salary of the mayor shall be
338 $70,000.00. The annual salary for each
339 councilmember shall be $17,500.00. The
340 annual salary for the president of the city
341 council shall be $28,500.00. Such salaries

342 shall be paid from municipal funds in equal

343 monthly installments. The city council may

provide by ordinance for the provision of
insurance, retirement, workers' compensation,
and other employee benefits to the mayor,
president of city council, and members of the
city council and may provide by ordinance for
the reimbursement of expenses actually and
necessarily incurred by the mayor, president of
city council, and members of the city council in
carrying out their official duties. The city
council may alter the salaries of the mayor,
president of the city council, and members of
the
city council from time to time in accordance
with Code Section 36-35-4 of the O.C.G.A.

344 S
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a

346 The city council may make inquiries and

347 investigations into the affairs of the city and
348 conduct of any department, office, or agency
349 thereof and for this purpose may subpoena
350 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 may be
provided by ordinance.
353 (a) The city council shall meet on the first
354 working day in January immediately following
355 each regular municipal election. The meeting
356 shall be called to order by the president-elect,
357 and the oath of office shall be administered to

358 the newly elected mayor, treasurer, chief city

359 auditor, and councilmembers by a judicial

officer authorized to administer oaths. The oath
360
shall, to the extent that it comports with federal
361
and state law, be as follows:
362
"I do solemnly swear or affirm that I will
363
faithfully execute the office of
364
[councilmember, mayor, or president of city
365
council, as the case may be] of the City of
366
South Fulton, and will to the best of my
367
ability support and defend the Constitution
368 of the United States, the Constitution of
369 Georgia, and the Act, ordinances, and
370 regulations of the City of South Fulton. I
371 am not the holder of any unaccounted for
372 public money due this state or any political
373 subdivision or authority thereof. I am not
374 the holder of any office of trust under the
375 government of the United States, any other

376 state, or any foreign state which I by the

377 laws of the State of Georgia am prohibited

378 from holding. I am otherwise qualified to

hold this office according to the
379
Constitution and laws of Georgia. I have
380
been a resident of my district and the City
381
of South Fulton for the time required by the
382
Constitution and laws of this state and by
383
the municipal charter. I will perform the
384
duties of my office in the best interest of the
385
City of South Fulton to the best of my
ability without fear, favor, affection,
reward, or expectation thereof."
(b) The city council shall, at least once a
month, hold regular meetings at such times and
places as prescribed by ordinance. The city
council may recess any regular meeting and
continue such meeting on any weekday or hour
it may fix and may transact any business at
such continued meeting as may be transacted at
any regular meeting.
(c) Special meetings of the council may be held
on the call of the mayor, president of city
council, or four members of the council. Notice
of such special meetings shall be delivered to
all members of the city council, president of
city council, and mayor personally, by
registered mail, or by electronic means, at least
24 hours in advance of the meeting. Such
notice to councilmembers shall not be required
if the mayor, president of city council, and all
councilmembers are present when the special
meeting is called. Such notice of any special
meeting may be waived by the mayor,
president of city council, or a councilmember
in writing before or after such a meeting, and
attendance at the meeting shall also constitute a
waiver of notice. The notice of such special
meeting shall state what business is to be
transacted at the special meeting. Only the
business stated in the call may be transacted at
the special meeting.
388 Five councilmembers shall constitute a quorum
389 and shall be authorized to transact business for
390 the city council. Voting on the adoption of
391 ordinances shall be taken by voice vote and the
392 yeas and nays shall be recorded in the minutes,

393 but, on the request of any councilmember, there

394 shall be a roll-call vote. In order for any

ordinance, resolution, motion, or other action
395
of the city council to be adopted, the measure
396
shall receive at least four affirmative votes and
397
shall receive the affirmative votes of a majority
398
of those voting. No member of the city council
399
shall abstain from voting on any matter
400
properly brought before the council for official
401
action except when such councilmember has a
conflict of interest which is disclosed in writing
prior to or at the meeting and made a part of the
minutes. Any member of the city council
present and eligible to vote on a matter and
refusing to do so for any reason other than a
properly disclosed and recorded conflict of
interest shall be deemed to have acquiesced or
concurred with the members of the majority
who did vote on the question involved. The
president of city council shall vote only in the
case of a tie or in the case
where his or her vote will provide the
affirmative vote required for approval of a
matter.

402 S
E
403
C
T
I
O
N

2
.
1
2
.
General power
and authority of
the city council.

404 (a) Except as otherwise provided by law or by

405 this Act, the city council shall be vested with
406 all the powers of government of the City of
407 South Fulton as provided by Article I of this
408 Act. (b) In addition to all other powers

409 conferred upon it by law, the city council shall

410 have the authority to adopt and provide for the

execution of such ordinances, resolutions,
411
rules, and regulations, not inconsistent with this
412
Act and the Constitution and the laws of the
413
State of Georgia, which it shall deem
414
necessary, expedient, or helpful for the peace,
415
good order, protection of life and property,
416
health, welfare, sanitation, comfort,
convenience, prosperity, or well-being of the
inhabitants of the City of South Fulton and may
enforce such ordinances by imposing penalties
for violation thereof.
(c) The city council may, by ordinance or
resolution, adopt rules and bylaws to govern
the conduct of its business, including
procedures and penalties for compelling the
attendance of absent members. Such rules may
include punishment for contemptuous behavior
conducted in the presence of the city council.
419 (a) The city council, by ordinance, may
420 establish, abolish, merge, or consolidate
421 offices, positions of employment, departments,
422 and agencies of the city as it shall deem
423 necessary for the proper administration of the

424 affairs and government of the city. The city

425 council shall prescribe the functions and duties

of existing departments, offices, and agencies
426
or of any departments, offices, and agencies
427
hereinafter created or established; may provide
428
that the same person shall fill any number of
429
offices and positions of employment; and may
430
transfer or change the functions and duties of
431
offices, positions of employment, departments,
and agencies of the city.
(b) The operations and responsibilities of each
department now or hereafter established in the
city shall be distributed among such divisions
or bureaus as may be provided by ordinance of
the city council. Each department shall consist
of such officers, employees, and positions as
may be provided by this Act or by ordinance
and shall be subject to the general
supervisi
on and
guidance
of the
mayor
and
council.

432 S
E
433
C
T
I
O
N

2
.
1
4
.
Boards,
commiss
ions, and es.
authoriti

434 (a) All members of boards, commissions, and

435 authorities of the city shall be nominated by the
436 mayor and shall be confirmed by the city
437 council for such terms of office and such
438 manner of appointment as provided by

439 ordinance, except where other appointing

440 authority, term of office, or manner of

appointment is prescribed by this Act or by
441
applicable state law. (b) No member of any
442
board, commission, or authority of the city
443
shall hold any elective office in the city. The
444
president of city council, councilmembers, and
445
mayor, however, may serve as voting ex officio
446
members of such boards, commissions, or
447
authorities.
448
(c) Any vacancy in office of any member of a
449 board, commission, or authority of the city
shall be filled for the unexpired term in the
manner prescribed for original appointment,
except as otherwise provided by this Act or any
applicable state law.
(d) No member of any board, commission, or
authority shall assume office until he or she
shall have executed and filed with the
designated officer of the city an oath obligating
himself or herself to faithfully and impartially
perform the duties of his or her office, such
oath to be prescribed by ordinance of the
council and administered by the mayor.
(e) Any member of a board, commission, or
authority may be removed from office for
cause by a vote of a majority of the members of
the council.
451 expenses in the performance of
their official duties as prescribed by
452 ordinance.
453 (g) Except as otherwise provided by this Act

454 or by applicable state law, each board,

455 commission, or authority of the city
456
government shall elect one of its members as
457
chairperson and one member as vice
458
chairperson for terms of one year and may elect
459
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 government may establish such bylaws,

rules, and regulations not inconsistent with this

Act, ordinances of the city, or applicable state

law as it deems appropriate and necessary for

the conduct of its affairs, copies of which shall

be filed with the designated officer of the city.

460 S
E
461
C
T
I
O
N

2
.
1
5
.
O
rd
in
a
n
c
e
fo
r
m
;
pr
o
c ur
e es
d .

462 Every proposed ordinance and resolution shall

463 be introduced in writing, and the city council
464 shall have the authority to approve, disapprove,
465 or amend them. A resolution may be passed at
466 the time it is offered, but an ordinance shall not

467 be adopted until the title of such ordinance

468 shall have been read at two city council

meetings, provided that the beginnings of such
meetings shall be not less than 24 hours nor
more than 60 days apart. This requirement of
two readings shall not apply to emergency
ordinances or to ordinances adopted at the first
business
meeting of
the city
council in a
calendar
year.

469 S
E
470
C
T
I
O
N

2
.
1
6
.
Submissi
on of
ordinance
s to the
mayor.

471 476
472 477
473 478
474 479
475 480
481 (a) Every ordinance, resolution, and other
482 action adopted by the council shall be
presented promptly to the mayor. Except for
council approval of appointments to
committees, boards, and commissions, the
employment of any appointed officer, internal
affairs, or matters which must be approved by
the voters, the mayor may veto any action
adopted by the city council. (b) The veto must
be exercised no later than the next regular city
council meeting following the meeting at
which the action was taken. If an action is
disapproved, the president of the city council
shall submit to the council a written statement
of the reasons for the mayor's veto.
(c) An action vetoed by the mayor shall
automatically be placed on the agenda at the
next regular meeting of the city council for
reconsideration. If the minimum number of
councilmembers necessary to vote on
overriding the veto is not present, the action
may be continued until the next meeting at
which the minimum number of
councilmembers is
483 present. Such action shall not become effective
484 unless it is readopted by the affirmative votes
485 of at least five members of the city council
486 within 60 days of the veto.
487 (d) The mayor may disapprove or reduce any

488 item or items of appropriation in any ordinance

489 or resolution. The approved part or parts of

any ordinance or resolution making
490
appropriations shall become law, and the part
491
or parts disapproved or reduced shall not
492
become law unless subsequently passed by the
city council over the mayor's veto as provided
in this Act.
(e) If an ordinance or resolution has been
signed by the mayor, it shall become effective.
If an ordinance or resolution is neither
approved nor disapproved by the next regular
meeting
of
th
e
ci
ty
c
o
u
n
ci
l,
it
s
h
al
l
b
e
c
o
m
e
ef
fe
ct
iv
e.
493 A
494 R
495 T
496 I
C
L
E

I
I
I

E
X
E
C
U
T
I
V
E

B
R
A
N
C
H

S
E
C
T
I
O
N

3
.
0
1
.
 Executive duties of the
powers and mayor.

497 (a) The mayor shall be the chief executive

498 officer of the city government and shall be
499 responsible for the efficient and orderly
500 administration of the city's affairs. The mayor
501 shall be responsible for the enforcement of

502 laws, rules, regulations, ordinances, and

503 franchises in the city. The mayor may conduct

inquiries and investigations into the conduct of
504
the city's affairs and shall have such powers
505
and duties as specified in this Act or as may be
506
provided by ordinance consistent with this Act.
507
(
508 b
509 )

510 T
h
511 e
512
m
513 a
y
514 o
515 r

516 s
h
517 a
l
l
:
(1) Be the head of the city for the purpose
of service of process and for ceremonial
purposes and be the official spokesperson
for the city and the advocate of policy;
(2) Sign as a matter of course on behalf of
the city all written and approved contracts,
ordinances, resolutions, and other
instruments executed by the city which by
law are required to be in writing;
(3) See that all laws and
ordinances of the city are
faithfully executed;
(4) Obtain long-term and short-term loans
in the name of the city when authorized by
the city council to do so;
(5) Name qualified residents of the city to
boards and commissions with approval of
the city council;
(6) Appoint and employ all necessary
employees of the city, provided that
excepted from this power of appointment
are those officers and employees who by
this Act are appointed or elected by the city
council; and provided, further, that the
mayor shall appoint and employ all
department heads subject to the approval of
the city council;
518 (7) Remove employees employed by such
519 officer without the consent of the city
520 council; provided, however, that department
521 heads may be removed only with the consent
522 of the city council;

523 (8) Exercise supervision and control of all

524 departments and all divisions created in this

Act or that may hereafter be created by the
525
city council except as otherwise provided in
526
this Act;
527
(9) Recommend to the city council the
528
adoption of such measures as the mayor may
529
deem necessary or expedient;
530
(10) See that all terms and conditions
531
imposed in favor of the city or its inhabitants
532
in any public utility franchise are faithfully
533 kept and performed and upon knowledge of
534 any violation thereof to call such violations to
535 the attention of the city attorney, whose duty
536 it shall be forthwith to take such steps as are
537 necessary to protect and enforce the same;
538 (11) Make and execute all lawful contracts on
539 behalf of the city as to matters within such
540 officer's jurisdiction to the extent that such
541 contracts are funded in the city's budget,

542 except such as may be otherwise provided by

543 law; provided, however, that no contract

purchase or obligation requiring a budget
544
amendment shall be valid and binding until
545
after approval of the city council;
546
(12) Prepare and submit to the city council,
547
prior to the beginning of each fiscal year, a
548
budget of proposed expenditures for the
ensuing year, showing in as much detail as
practicable the amounts allotted to each
department of the city government and the
reasons for such estimated expenditures;
(13) Keep the city council at all times fully
advised as to the financial condition and
needs of the city;
(14) Make a full written report to the city
council on the first of each month, unless
otherwise directed by the city council,
showing the operations and expenditures of
each department of the city government for
the preceding month, and a synopsis of such
reports shall be published by the clerk of the
city;
(15) Fix all salaries and compensation of city
employees in accordance with the city budget
and the city pay and classification plan; and
(16) Fulfill and perform such other duties as
are imposed by this Act and by duly adopted
ordinances.
549 S
E
550 C
551 T
I
O
N

3
.
0
2
.
Chief administrative
officer; appointment,
qualification, and
compensation.

552 The mayor shall appoint, subject to

553 confirmation by the city council, for an
554 indefinite term an officer whose title shall be
555 chief administrative officer, and the chief
556 administrative officer shall serve at the pleasure

557 of the major and the city council. The chief

558 administrative officer, if appointed, shall be

appointed without regard to political beliefs
and solely on the basis of his or her executive
and administrative qualifications with special
reference to his or her educational background
and actual experience in, and knowledge of, the
duties of office as
h
e
r
e
i
n
a
f
t
e
r

p
r
e
s
c
r
i
b d
e .

559 S
E
560
C
T
I
O
N

3
.
0
3
.
C
h
ie
f
a
d
m
i
n
is
tr
at
i
v
e
o
ff
ic
er
.

561 The chief administrative officer shall devote all

562 of his or her working time and attention to the
563 affairs of the city and shall be responsible to
564 the mayor and city council for the proper and
565 efficient administration of the affairs of the city

566 over which such officer has jurisdiction;

567 provided, however, that the city council may by

resolution permit the office of chief
administrative officer to be a part-time
position. The chief administrative officer may
recommend to the mayor or city council
individuals for appointment or removal as
d
e t
p
a h
r e
t a
m d
e s
n .

568 S
E
569
C
T
I
O
N

3
.
0
4
.
Chief
administ
rative
officer;
removal.

570 (a) The mayor and city council may remove the
571 chief administrative officer from office in
572 accordance with the following procedures:
573 (1) The city council shall adopt by
574 affirmative vote of a majority of all its

575 members a preliminary resolution removing

576 the chief administrative officer and may

suspend the chief administrative officer
577
from duty for a period not to exceed 45
578
days. A copy of the resolution shall be
579
delivered promptly to the chief
administrative officer;
(2) Within five days after a copy of the
resolution is delivered to the chief
administrative officer, he or she may file
with the city council a written request for a
public hearing. This hearing shall be held at
a city council meeting not earlier than 15
days nor later than
3 e
0
r
d e
a q
y u
s e
s
a t
f ;
t
e a
r n
d
t
h
580 (3) The county council may adopt a final

581 resolution of removal, which may be made

582 effective immediately, by affirmative vote

583 of four of its members at any time after five

days from the date when a copy of the
584
preliminary resolution was delivered to the
585
chief administrative officer, if he or she has
586
not requested a public hearing, or at any
587
time after the public hearing if he or she has
588
requested one.
589
(b) The chief administrative officer shall
590
continue to receive his or her salary until the
591 effective date of a final resolution of removal,
592 and unless he or she has been convicted of a
593 felony at that time, he or she shall be given not
594 less than 60 days' severance pay. The action of
595 the county council in suspending or removing
the chief administrative officer shall not be
subject to review by any court or agency.
(c) If the chief administrative officer becomes
disabled and is unable to carry out the duties of
the office or if the chief administrative officer
dies, then an acting chief administrative officer
shall be appointed to perform the duties of the
chief administrative officer until the chief
administrative officer's disability is removed or
until the chief administrative officer is
replaced. Removal of the chief administrative
officer because of disability shall be carried
out in accordance with the
provisions of subsection
(a) of this section.