HomeMy WebLinkAboutOrdinances 13-09-183 - 09/04/2013STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 13-49-183
AN ORDINANCE AMENDING THE CHARTER
FOR THE CITY OF MILTON, GEORGIA
WHEREAS, Article 1X, Section I1. Paragraph II of the Constitution of the State of
Georgia, entitled flume Ride _fir r 11univilmlilies, allows the General Assembly of the State of
Georgia to provide by lar%- for the self-government of municipalities, which the General
Assembly has done with The Municipal Home Rule Act of 1965. O.C.G.A. § 36-35-1. el .sect.:
and
WHEREAS. O.C.G.A. § 36-35-3 provides [hat the governing authority of each
municipal corporation shall have Iegislative power to adopt clearly reasonable ordinances,
resolutions and regulations relating, to its property, affairs. and local government for which no
provision has been made by general law and which are not inconsistent with the Constitution or
any charter provision applicable thereto: and
WHEREAS, O.C.G.A. § 36-35-3 provides that a municipal corporation may. as an
incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A.
§ 36-35-6. and
WHEREAS, the Council desires to amend the Charter of the City of Milton so as to
update the Act to reflect the current state of the City governance, make certain other updates and
corrections as deemed necessary by the Council. repeal conflicting laws, and for other purposes.
and
WHEREAS, the modifications provided for in this Ordinance are overwhelmingly the
product of recommendations approved by a Charter Commission that was assembled in
accordance with the dictates of the Charter. and that met and made formal recommendations of
proposed Charter revisions in 2012: and
WHEREAS, those Charter moditcations that could only lawfully be undertaken by the
General Assembly have already been adopted by the General Assernbl%. and the modifications
reflected herein are those that can be lawfully completed by home rule: and
WHEREAS, O.C.G.A. ti 36-35-3 provides that. in order to amend its charter, a
municipal corporation must duly adopt ordinances at two regular consecutive meetings of the
municipal governing authority, not less than seven f 7y nor more than sixty (60) days apart:
WHEREAS, pursuant to O.C.G.A. § 36-35-3. a notice, containing a synopsis of the
proposed amendment and stating that a copy of the proposed amendment is on file in the office
of the clerk or the recording officer of the municipal governing authority and in the Office of the
Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by
the public. shall be published in the official organ of the county of the legal situs of the
municipal corporation or in a newspaper of general circulation in the municipal corporation once
a week for three weeks within a period of 60 days immediately preceding, its final adoption, and
WHEREAS, those requirements applicable to amendments to the charter of a municipal
corporation by an ordinance duly adopted by the municipality's governing authority as set forth
in O.C.G.A. § 36-35-3 have been met and satisfied. and. specifically. notice of the consideration
of this Ordinance has been advertised and this Ordinance has been duly adopted by the
governing authority at two regularly consecutive meetings in compliance with O.C.G.A. § 36-35-
3: and
WHEREAS, in this Ordinance. text that is under[ inedlbolded shall represent additions to
the Charter: text that is stricken -through shall represent deletions from the Charter: and
WHEREAS, a majority of the Council deems it to be in the best interests of the citizens
of the City of Milton that the Act be further amended.
NOW THEREFORE, the Council of the City of Milton hereby ordains that the Charter
of the City of Milton shall be amended as follows:
Section 1. Section 1.12(b)(38) is amended by striking it in its entirety and replacing it with a
new Section 1.12(b)(38) to read as follows:
Special areas ry_f' Imblic regulation. To regulate or prohibit junk dealers.
pawnshops, pain management clinics, the manufacture. sale. or transportation of
intoxicating liquors, and the use of firearms: to regulate the transportation.
storage. and use of combustible. explosive, and inflammable materials, the use of
lighting and heating equipment. and any other business or situation which may be
dangerous to persons or property. to regulate and control the conduct of peddlers
and itinerant traders, theatrical performances. exhibitions. and shows of any kind.
by taxing or otherwise: and to license, tax, regulate, or prohibit professional
fortunetelling. palmistry. adult bookstores, adult entertainment. and massage
parlors:
Section 2. Section 2.10(b) is amended by striking it in its entirety and replacing it with a
new Section 2.10(b) to read as follows:
The mayor and councilmembers shall serve for terms of four years and until their
respective successors are elected and qualified. except as otherwise provided in
subsection (d) of Section 2.11 of this Charter. No person shall be eligible to serve
as mayor or councilmember unless that person shall have been a resident of the
Territory for 121 months immediately preceding the election of mayor or
councilmembers, shall have attained the age of 21 years prior to the date of
qualifying,, and. in the case of councilmembers. has been a resident of the district
from which he or she seeks election for six months at the time of qualifying for
election: each such person shall continue to reside within the city and. in the case
of councilmembers. within the district from which he or she was elected during
said period of service and shall be registered and qualified to vote in municipal
elections ofthis city. The mayor may reside anywhere within the city. No person's
name shall be listed as a candidate an the ballot for election for either mayor or
councilmember unless such person shall file a written notice with the clerk of said
city that such person desires his or her name to be placed on said ballot as a
candidate either for mayor or councilmember. No person shall be eligible for the
office of mayor or councilmember unless such person shall file said notice within
the time provided for in Chapter 2 of Title 21 of the O.C.G.A.. the "Georgia
Election Code."
Section 3. Section 2.11(b) is amended by striking it in its entirety and replacing it with a new
Section 2.1 1(b) to read as follows:
All primaries and elections shall be held and conducted in accordance %kith
Chapter 2 of Title 21 of the O.C.G.A.. the "Georgia Election Code." Except as
❑therwise provided by this Charter. the cite council shall. by ordinance. prescribe
such rules and regulations it deems appropriate to fulfill any options and duties
under the "Georgia Election Code."
Section 4. Section 3.1O(c) is amended by striking it in its entirety and replacing it with a new
Section 3.1O(c) to read as follows:
Except for the office of city manager the city council. by resolution. nriy
establish. abolish. merge. or consolidate offices. positions of employment.
departments. and agencies of the city as it shall deem necessary For the proper
administration of the affairs of the government of the city. The council shall
prescribe the functions and duties of departments. offices. and agencies. may
provide that the same person shall fill any number of offices or positions of
employment: and may transfer or change the functions and duties of offices.
positions of employment. departments. and agencies of the city.
Section 5. Section 3.1 I(a) is amended by striking it in its entirety and replacing it with a new
Section 3. I 1(a) to read as follows:
The city council shall hold an organizational meeting not later than the first
regular meeting in January following all election. The meeting shall be called to
order by the mayor -elect and the oath of office shall be administered to the newly
elected mayor and councilmembers by a judicial officer authorized to administer
the oaths required by Chapter 3 of Title 45 of the O.C.O.A. and the following
oath:
"1 do solemnly (swear) (affirm) that I will faithfully perform the duties of
(mayor) (councilmember) of this city and that 1 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."
Section b. Section 3.16 is amended by striking it in its entirety and replacing it with a new
Section 3.15 to read as follows:
(a) Any proposal for a new or amended ordinance shall be in writing and in the
format required for final adoption. No ordinance shall contain a subiect which
is not expressed in its title. The enacting clause shall be "The Council of the
City of Milton hereby ordains ..." and every ordinance shall so begin.
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(b) A new or amended ordinance may be proposed by the mayor or
councilmember at a regular or special meeting of the city council.
Ordinances shall be considered and adopted or rejected by the city council
in accordance with the rules which it shall establish. provided. however.
an ordinance shall not be adopted the same da,,• it is introduced. except for
emergency- ordinances provided for in section 3.18 of this Charter. After
adoption of any ordinance. the clerk shall. as soon as possible. forward an
appropriately formatted version of the adopted ordinance to that entity or
agency that the city has retained to facilitate the codification and online
viewing and download of all city ordinances.
Section 7. Section 3.19(b) is amended by striking it in its entirety and replacing it with a new
Section 3.19(b) to read as follows:
Any adopted code of technical regulations shall be forwarded for online
codification. viewing and download in the same manner as provided for
ordinances in section 3.16(b) and shall otherwise be made available for review
and copying upon request in accord with O.C.G.A. ` 50-18-70. cal .soy.
Section 8. Section 3.20(c) is amended by striking, it in its entirety and replacing it with a new
Section 3.20(c) to read as follows:
The city council shall cause each ordinance and each amendment to this Charter
to be promptly delivered in an appropriate format to that entity or agency that the
city has retained to facilitate the codification and online viewing and download of
all city ordinances. charter amendments, and technical regulations. Ordinances,
charter amendments.. and technical regulations shall otherwise be available in hard
copy format for viewing and copying at the office of the city clerk in conformance
with O.C.G.A. 4 50-18-70. et seq. Following publication of the first Cade under
this Charter and at all times thereafter. the ordinances and Charter amendments
shall be made available. whether in electronic or hard copy format. in
substantially the same style as the Code then in effect and shall be suitable in
form for incorporation within the Code. The city council shall make such further
arrangements as deemed desirable with reproduction and distribution of any
changes in or additions to codes of technical regulations and other rules and
regulations included in the Code.
Section 9. Section 3?2(b) is amended by striking it in its entirety and replacing it xvith a new
Section 3.22(b) to read as follows:
The mayor shal I:
(1) Preside at all meetings of the city council and participate therein as a
voting, member. and in the mayor's absence the mayor pro tern shall preside as set
forth in Section 3.30:
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(2) Be the head of the city for the purpose of service of process and for
ceremonial purposes and be the official s,olesperson for the city and the chief
advocate of policy:
(,) Have power to administer oaths and execute affidavits:
(4) Sign as a matter of course on behalf of the city all ,\,ritten and approved
contracts. ordinances. resolutions. and ether instruments executed by the city
which by law are required to be in writing. The City Council may delegate
contract signing authority to the City Manager to the extent alit x\ed by Iwr%-:
(5) See that all lams and ordinances of the city are faithfully executed.
(6) Vote on anv motion. resolution. ordinance. or other question before the
council other than a veto override.
(7) Obtain shortterm loans in the name ofthe city when authorized by the city
council to do so:
(8) Have the authority to appoint city council committees and appoint
councilmembers to oversee and report on the functions of the: various departments
of the cite. subject to confirmation by the city council:
(9) Require the city manager to meet with him or her at a time and place
designated far consultation and advice upon the affairs of the city:
(10) Nominate the city manager. city attorney. chief _judge of municipal court.
city clerk. and tit\ treasurer. subject to ratification by the city council. provided.
however. that if the mayor's nomination is rejected by the cite council or the
mayor fails to offer a nomination. nominations may be offered by members of the
citycouncil: +
(1 1) Prepare or have prepared an agenda for each meeting of the city COUTIcil
which shall include all business submitted by the mayor, any cnunciln1ei11hcr. the
city manager. and the city attorney: and
(12) Fulfill and perform such other duties as are imposed by this Charter and
duly adopted ordinances.
Section 10. Section 3.25 1) is amended by striking it in its entirety and replacing it with a new
Section 3.25(l) to read as follows:
Have the authority to hire persons to act as department heads or directors and till
other positions designated by ordinance or resolution and appoint and. when the
city manager deems it necessary for the good of the city, suspend or remove any
city employees and administrative officers the city manager hires or appoints.
except as otherwise provided by law or personnel ordinances adopted pursuant to
this Charter_ The city manager may authorize any administrative officer who is
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subject to the city manager's direction and supervision to exercise these powers
with respect to subordinates in that officer's department. office. or agency:
Section 11. Section 3.28 is amended by striking it in its entirety and replacing it with a new
Section 3.28 to read as follows:
Except for the purpose of inquiries and investigations under section 3.12 of this
Charter. the city council and its members shall deal with city officers and
employees who are subject to the direction and supervision of the city manager
solely through the city manager. and neither the city council nor its members shall
give orders to any such officer or employee. either publicly or privately.
Section 12. Section 3.29 is amended by striking, it in its entirety and replacing it with a new
Section 3.29 to read as follows:
There shall be a mayor pro tempore elected from among the councilmembers by
the city council at the first regular meeting of each calendar year. The mayor pro
tempore serving on the effective date of this Act shall serve until the first regular
meeting of the city council in 2014. at which time a successor shalI be elected to
serve for a term of one year. All subsequent successors shall be elected at the first
regular meeting of the city council in each calendar year to serve until the first
regular meeting of the city council in the immediately following calendar year.
The mayor pro tempore shall continue to vote and otherwise participate as a
councilmember. A vacancy in the position of mayor pro tempore resulting from
the mayor pro tempore ceasing to serve as a councilmember or from any other
cause shall be lilIed for the remainder of the unexpired term at the next regularly
scheduled Council meeting.
Section 13. Section 4.1 O(e) is amended by striking it in its entirety and replacing it with a new
Section 4.1O(e) to read as follows:
The cite manager may suspend or terminate directors or department heads. so
long as the city attorney reviews the facts supporting suspension or termination
and concurs such action is appropriate before such action is taken.
Section 14. Section 4.11(b) is amended by striking it in its entirety and replacing it with a new
Section 4.11(b) to read as fol lows:
Every members of any appointed boards. commissions. or authority of the city
shall be appointed by a maiority vote of the city council for such terms of office
and in such manner as shall be provided by ordinance. Unless otherwise provided
by ordinance or law. each board. commission. or authority shall consist of seven
(7) members with one member being nominated by each member of the city
council and the mayor. L.'nless otherwise provided by ordinance or law. there
shall be no requirement that a board. commission or authority member reside in
the district of the council member that nominates the member. but all members
must be residents of Milton.
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Section 15. Section 4.11(g) is amended by striking it in its entirety and replacing it with a new
Section 4.11(g) to read as follows:
Any member of a board. commission, or authority may be removed from office
by majority vote of the city council.
Section 16. Section 4.12 is amended by striking it in its entirety and replacing it with a
new Section 4.12 to read as follows:
The mayor shall nominate and the city council shall confirm by a majority vote a
city attorney who shall be a member of the State Bar of Georgia and shall have
actively practiced law for at least 7 years. The city attorney shall serve at the
pleasure of the city council. The city attorney shall be responsible for representing
and defending the city- in all litigation in which the city is a party, may be the
prosecuting officer in the municipal court, shall attend the meetings of the council
as directed, shall advise the cite• 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 by virtue of the position of city attorney. The city
council shall provide for the compensation of the city attorney.
Section 17. Section 6.24 is amended by striking it in its entirety and replacing, it with a new
Section 6.24 to read as follows:
On or before a date fixed by the city council but not later than 30 days prior to the
beginning of each fiscal year. the city manager shall submit to the city council a
proposed operating budget for the ensuing, fiscal year. The budget shall be
accompanied by a message from the city manager containing a statement of the
general fiscal policies of the city. the important features of the budget.
explanations of major changes recommended for the next fiscal year. a general
summary of the budget, and such other comments and information as the city
manager may deem pertinent. The operating budget. the capital improvements
budget. the budget message, and all supporting documents shall be filed in the
office of the city clerk and shall be open to public inspection.
Section 18. Section 6.28(a) is amended by striking it in its entirety and replacing it with a new
Section 6.28(a) to read as follows:
On or before the date fixed by the city council. but not later than 30 days prior to
the beginning of each fiscal year, the city manager shall submit to the city council
a proposed capital improvements budget with any recommendations as to the
means of financing the improvements proposed for the ensuing year. The city
council shall have the power to accept. with or without amendments. or reject the
proposed program and proposed means of financing. The city council shall not
authorize an expenditure for the construction of any building, structure, work. or
improvement, unless the appropriations for such project are included in the capital
improvements budget, except to meet a public emergency as provided in section
{3.181 of this Charter.
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Section 19. Section 7.13 is amended by striking it in its entirety and replacing it with a new
Section 7.13 to read as follows:
For municipal elections. the qualified electors of the City of Milton shall
be determined pursuant to the authority of Chapter 2 of Title 21 of the
O.C.G.A.. known as the "Georgia Election Code."
Section 20. Section 7.14 is amended by striking it in its entirety and marking Section 7.14
"Reserved" as follows:
Section 21. Section 7.15 is amended by striking it in its entircty and replacing; it with a new
Section 7.15 to read as follows:
The provisions of this Act shall become of full force and effect for all
purposes on December 1.2006.
Section 22. Section 7.16 is amended by striking it in its entirety and marking Section 7.16
"Reserved" as follows:
Section 23. Section 7.17 is amended by striking it in its entirety and replacing it with a new
Section 7.17 to read as follows:
It is the intention of the General Assembly that this Act be construed as directory
rather than mandatory with respect to any date prescribed in this Act. If it is
necessary to delay any action called for in this Act f'or providential cause, delay in
securing approval under the federal Voting Rights Act, or any other reason, it is
the intention of the General Assembly that the action be delayed rather than
abandoned. Any delay in performing any action under this Act, whether for cause
or otherwise, shall not operate to frustrate the ❑veralI intent of this Act.
Section 24. Section 7.18 is amended by striking it in its entirety and replacing it with a new
Section 7.18 to read as follows:
At the first regularly scheduled city council meeting in December. 2011. and
every 5 years thereafter, the mayor and city council shall call for a Charter
commission to review the city's experience and recommend to the General
Assembly any changes to the City Charter. Members of the Charter commission
shall be appointed as follows: one by the mayor, one by the city council, and one
by each member of the Georgia House of Representatives and Senate whose
district lies wholly or partially within the corporate boundaries of the City of
Milton. All members of the Charter commission must reside in the Citv of Milton.
The commission must complete the recommendations within six months of its
creation.
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SEVERABILITY
If any portion of this Ordinance or the application thereof shall be held invalid or
unconstitutional. the other provisions of this Ordinance shall not be affected. and thus. the
provisions of this Ordinance are declared severable.
1*33_90". A 7
Any other Ordinance. Resolution. or local law. or portion thereof. now in effect. that is in
conflict with any of the provisions of this Ordinance is hereby repealed.
EFFECTIVE DATE
This Ordinance shall become effective when all required documents have been filed with
the Secretay of State and in the Office of the Clerk of Superior Court of Fulton County as
required by O.C.G.A. § 36-35-5.
ADOPTION AT TWO CONSECUTIVE MEETINGS
This Ordinance was adopted at two (2) regular consecutive meetings of the Council of the
City of Milton held on August 19. 2013 and September 4. 2013, as required by O.C.G.A. § 36-
35-3.
BE IT SO ORDAINED, this 4th day of September. 2013. by the Council of the City of
Milton. Georgia.
Approved.
C
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K Y i
.toe oc °o d. Mayor