HB 1578: Arcade, Town of; municipality; clarify name

House Bill 1578 (AS PASSED HOUSE AND SENATE)

By: Representatives Gaines of the 120th and Dunahoo of the 31st

A BILL TO BE ENTITLED

AN ACT

To amend an Act to provide a new charter for the Town of Arcade, approved April 5, 1995 (Ga. L. 1995, p. 4024), as amended, so as to clarify the name of the municipality; to make conforming changes; to change the date of the organization meeting of the city council following municipal elections; to revise provisions related to the form of ordinances; to revise provisions related to emergency meetings of the city council; to provide for a mayoral veto; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act to provide a new charter for the Town of Arcade, approved April 5, 1995 (Ga. L. 1995, p. 4024), as amended, is hereby amended by deleting any reference to "the Town of Arcade" and to substitute in its place "the City of Arcade".

SECTION 2.

Said Act is further amended by deleting any reference to "journal" and to substitute in its place "minutes".

SECTION 3.

Said Act is further amended by revising Section 2.18 as follows: "SECTION 2.18.

Organizational meeting.

The city council shall hold an organizational meeting on the second Monday of January following a municipal election. The meeting shall be called to order by the mayor or 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)(councilmember) of this City and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America.'"

SECTION 4.

Said Act is further amended by revising subsection (a) of Section 2.22 as follows: "(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."

SECTION 5.

Said Act is further amended by revising Section 2.24 as follows: "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 councilmembers and may 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 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 shall describe 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. Such emergency ordinance shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances."

SECTION 6.

Said Act is further amended by revising Section 2.29 as follows: "SECTION 2.29.

Powers and duties of the mayor.

(a) The mayor shall:

(1) Preside at all meetings of the city council;

(2) 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 chief advocate of policy;

(3) Have the power to administer oaths and to take affidavits;

(4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing;

(5) Vote on matters before the city council as provided in this charter;

(6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and

(7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish.

(b) Within 96 hours after the adjournment of any city council meeting, the city clerk shall present to the mayor the draft record of proceedings of the meeting together with all ordinances and resolutions adopted and actions taken at the meeting. Within seven days of receipt of an ordinance or resolution or record of actions, the mayor shall return it to the city clerk with his or her signature for approval or with his or her veto. If an ordinance, resolution, or action is vetoed, the mayor shall attach a written statement explaining the reasons for his or her veto. Ordinances, resolutions, or actions vetoed by the mayor shall be considered at the next regular meeting of the city council, and the city council may pass the ordinance, resolution, or action over the veto by the affirmative vote of four of its members. The effective date of an ordinance, resolution, or action passed over the mayor's veto shall not be less than 15 days after the date of final passage. The mayor's veto power shall extend to disapproving or reducing individual appropriation items in the budget or any ordinance, resolution, or action, except appropriations for auditing or investigating any part of the executive branch. The mayor shall not have the power to veto any emergency ordinance."

SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.