HB1578: HB1578 Arcade, Town of; municipality; clarify name

26 LC 47 3959/AP 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, 19951 (Ga. L. 1995, p. 4024), as amended, so as to clarify the name of the municipality; to make2 conforming changes; to change the date of the organization meet ing of the city council3 following municipal elections; to revise provisions related to the form of ordinances; to4 revise provisions related to emergency meetings of the city council; to provide for a mayoral5 veto; to provide for related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 An Act to provide a new charter for the Town of Arcade, approve d April 5, 1995 (Ga. L.9 1995, p. 4024), as amended, is hereby amended by deleting any reference to "the Town of10 Arcade" and to substitute in its place "the City of Arcade".11 SECTION 2.12 Said Act is further amended by deleting any reference to "journ al" and to substitute in its13 place "minutes".14 H. B. 1578 - 1 - 26 LC 47 3959/AP SECTION 3.15 Said Act is further amended by revising Section 2.18 as follows:16 "SECTION 2.18.17 Organizational meeting.18 The city council shall hold an organizational meeting on the se cond Monday of January19 following a municipal election. The meeting shall be called to order by the mayor or city20 clerk and the oath of office shall be administered to the newly elected members as follows: 21 'I do solemnly (swear)(affirm) that I will faithfully perform t he duties of22 (mayor)(councilmember) of this City and that I will support and defend the charter23 thereof as well as the Constitution and laws of the State of Georgia and the United States24 of America.'"25 SECTION 4.26 Said Act is further amended by revising subsection (a) of Section 2.22 as follows:27 "(a) Every proposed ordinance should be introduced in writing a nd in the form required28 for final adoption. No ordinance shall contain a subject which is not expressed in its title."29 SECTION 5.30 Said Act is further amended by revising Section 2.24 as follows:31 "SECTION 2.24.32 Emergencies.33 To meet a public emergency affecting life, health, property, or public peace, the city34 council may convene on call of the mayor or two councilmembers and may promptly adopt35 H. B. 1578 - 2 - 26 LC 47 3959/AP an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend36 a franchise; regulate the rate charged by any public utility for its services; or authorize the37 borrowing of money except for loans to be repaid within days. An emergency ordinance38 shall be introduced in the form prescribed for ordinances generally, except that it shall be39 plainly designated as an emergency ordinance and shall contain, after the enacting clause,40 a declaration stating that an emergency exists and shall describe the emergency in clear and41 specific terms. An emergency ordinance may be adopted, with or without amendment, or42 rejected at the meeting at which it is introduced. Such emergency ordinance shall become43 effective upon adoption or at such later time as it may specify. Every emergency ordinance44 shall automatically stand repealed 30 days following the date upon which it was adopted,45 but this shall not prevent reenactment of the ordinance in the manner specified in this46 section if the emergency continues to exist. An emergency ordinance may also be repealed47 by adoption of a repealing ordinance in the same manner specifi ed in this section for48 adoption of emergency ordinances."49 SECTION 6.50 Said Act is further amended by revising Section 2.29 as follows:51 "SECTION 2.29.52 Powers and duties of the mayor.53 (a) The mayor shall:54 (1) Preside at all meetings of the city council;55 (2) Be the head of the city for the purpose of service of proc ess and for ceremonial56 purposes and be the official spokesperson for the city and the chief advocate of policy;57 (3) Have the power to administer oaths and to take affidavits;58 H. B. 1578 - 3 - 26 LC 47 3959/AP (4) Sign as a matter of course on behalf of the city all writt en and approved contracts,59 ordinances, and other instruments executed by the city which by law are required to be60 in writing;61 (5) Vote on matters before the city council as provided in this charter;62 (6) Prepare and submit to the city council a recommended annual operating budget and63 recommended capital budget; and64 (7) Fulfill such other executive and administrative duties as the city council shall by65 ordinance establish.66 (b) Within 96 hours after the adjournment of any city council meeting, the city clerk shall67 present to the mayor the draft record of proceedings of the mee ting together with all68 ordinances and resolutions adopted and actions taken at the meeting. Within seven days69 of receipt of an ordinance or resolution or record of actions, the mayor shall return it to the70 city clerk with his or her signature for approval or with his o r her veto. If an ordinance,71 resolution, or action is vetoed, the mayor shall attach a writt en statement explaining the72 reasons for his or her veto. Ordinances, resolutions, or actions vetoed by the mayor shall73 be considered at the next regular meeting of the city council, and the city council may pass74 the ordinance, resolution, or action over the veto by the affir mative vote of four of its75 members. The effective date of an ordinance, resolution, or action passed over the mayor's76 veto shall not be less than 15 days after the date of final passage. The mayor's veto power77 shall extend to disapproving or reducing individual appropriation items in the budget or any78 ordinance, resolution, or action, except appropriations for auditing or investigating any part79 of the executive branch. The mayor shall not have the power to veto any emergency80 ordinance."81 SECTION 7.82 All laws and parts of laws in conflict with this Act are repealed.83 H. B. 1578 - 4 -