Pine Lake City Zoning Code

The City of Pine Lake in DeKalb County is reincorporated by the enactment of this Charter and is constituted and declared a body politic and corporate under the name of the "City of Pine Lake." References in this Charter to "the city" or "this city" refer to the City of Pine Lake. The city shall have perpetual existence.

(a)

The boundaries of this city shall be those existing on the effective date of the adoption of this Charter with such alterations as may be made from time to time by local law or in the manner provided by general state 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 office of the city clerk of the city and to be designated, as the case may be: "Official Map or Description of the Corporate Limits of the City of Pine Lake, Georgia." Photographic, typed or other copies of such map or description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description.

(b)

In addition to all other territory included within the corporate limits of said city, the corporate limits shall specifically include the following described property:

(1)

All that tract or parcel of land lying and being in Land Lot 15 of the 18th District of DeKalb County, Georgia, known as 4599 Rockbridge Road, under the street numbering system in effect on the effective date of this Act, and being more particularly described according to ALTA/ACSM Survey for Mimms Properties, United Americans Bank, N.A. and Chicago Title Insurance Company prepare by Integrated Science Engineering, dated May 22, 2001, as follows:

Beginning at a 1 inch open topped pipe found on the southerly right-of-way line of Rockbridge Road (variable r/w), a distance of 577.6 feet westerly from the center line of Rowland Road (variable r/w); running thence south 01 degree 27 minutes 14 seconds west a distance of 299.92 feet to a 1 inch open topped pipe found; running thence north 88 degree 34 minutes 41 seconds west a distance of 412.57 feet to a 1/2 inch iron pin found; running thence north 01 degree 50 minutes 24 seconds east a distance of 312.99 feet to an iron pin set on the southerly right-of-way line of Rockbridge Road; running thence along said southerly right-of-way line of Rockbridge Road, and following the curvature thereof, an arc distance of 315.39 feet, said arc being subtended by a chord bearing south 81 degree 38 minutes 01 seconds east and having a chord distance of 312.65 feet, to an iron pin set; running thence north 01 degree 34 minutes 12 seconds east a distance of 25 feet to a 1/2 inch iron pin found; funning thence south 88 degrees 25 minutes 48 seconds east a distance of 100.03 feet to a 1 inch open top pipe found at the point of beginning.

(2)

All that tract or parcel of land lying and being in Land Lot 15 of the 18th District of DeKalb County, Georgia, known as 4687 Rockbridge Road, under the street numbering system in effect on the effective date of this Act, being more particularly described as follows:

To find the true point of beginning commence at the point which would be formed at the intersection of the southerly right-of-way line of Rockbridge Road (100-foot right-of-way) with the easterly right-of-way line of Rowland Road (70-foot right-of-way), if said right-of-way lines were extended to form a point; running thence in a northeasterly direction along the extended southerly right-of-way line of Rockbridge Road North 88º54'29" East a distance of 48.87 feet to a point marked by an iron pin located on the southerly right-of-way line of Rockbridge Road, said point hereinafter referred to as the TRUE POINT OF BEGINNING; running thence from the TRUE POINT OF BEGINNING as thus established and along the southerly right-of-way line of Rockbridge Road North 88º54'29" East a distance of 470.21 feet to a point marked by an iron pin located on the southerly right-of-way line of Rockbridge Road; thence leaving said southerly right-of-way line of Rockbridge Road and running South 01º05'31" East a distance of 240.39 feet to a point marked by an iron pin; thence South 88º59'49" West a distance of 519.46 feet to a point marked by an iron pin located on the easterly right-of-way line of Rowland Road; thence along the easterly right-of-way line of Rowland Road North 01º00'00" West a distance of 204.25 feet to a point marked by an iron pin located on the easterly right-of-way line of Rowland Road; thence northeasterly along the metered right-of-way line of the intersection of Rowland Road and Rockbridge Road North 53º04'19" East a distance of 60.35 feet to a point being the TRUE POINT OF BEGINNING, as per boundary and topographic survey for C.F.C. Properties, a division of Cumberland Builders Inc., dated June 18, 1984, prepared by Henry E. Harper, Georgia Registered Land Surveyor No. 1321.

(a)

This city shall have all powers possible for a municipality 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 any way the powers of this city. Said powers shall include, but are not limited to, the following:

(1)

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;

(2)

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 under this paragraph;

(3)

Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized 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 the payment of expenses of the city;

(4)

Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades;

(5)

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 and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees;

(6)

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 O.C.G.A., or such other applicable laws as are or may hereafter be enacted;

(7)

Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations;

(8)

Emergencies. To establish procedures for determining and proclaiming that anemergency situation exists, inside or outside, 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;

(9)

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;

(10)

Garbage fees. To levy, fix, assess and collect a 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 within the city benefiting 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;

(11)

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;

(12)

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 grantor may impose;

(13)

Health and sanitation. To prescribe standards of health and sanitation within the city and to provide for the enforcement of such standards;

(14)

Jail sentences. To provide that persons given jail sentences in the municipal 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;

(15)

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;

(16)

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;

(17)

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;

(18)

Municipal property ownership. To acquire, dispose of, lease, 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;

(19)

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;

(20)

Municipal utilities. To acquire, lease, construct, operate, maintain, sell and dispose of public utilities including, 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 therefor; and to provide for the withdrawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, electrical distribution systems and all necessary appurtenances by which said utilities 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;

(21)

Nuisances. To define a nuisance and provide for its abatement whether on public or private property and to prescribe penalties and punishments for maintaining a nuisance;

(22)

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;

(23)

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 ensure a safe, healthy and aesthetically pleasing community;

(24)

Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate or contract for a police and a fire fighting agency;

(25)

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;

(26)

Public improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, 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; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted;

(27)

Public peace. To provide for the prevention and punishment of drunkenness, riots and public disturbances;

(28)

Public transportation. To organize and operate such public transportation systems as are deemed beneficial;

(29)

Public utilities and services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations and the standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as they are not in conflict with valid regulations of the public service commission;

(30)

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 rights-of-way of streets and roads or within view thereof, inside or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;

(31)

Retirement. To provide and maintain a retirement plan for officers and employees of the city;

(32)

Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to negotiate and execute leases over, through, under, or across any city property or the right-of-way of any streets, roads, alleys and walkways or portion thereof within the corporate limits of the city for bridges, passageways or any other purpose or use between buildings on opposite sides of the streets and for other bridges, overpasses and underpasses for private use at such location, and to charge a rental therefor in such manner as may be provided by ordinance; to authorize and control the construction of bridges, overpasses and underpasses within the corporate limits of the city; to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the 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 lands and to impose penalties for failure to do so;

(33)

Sewer fees. To levy a fee, charge or sewer tax as necessary to ensure the acquiring, constructing, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system; to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge or tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to impose and collect a sewer connection fee or fees to those connected with the system;

(34)

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;

(35)

Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops; the manufacture, sale or transportation of intoxicating liquors; to regulate the use and sale 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 taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors;

(36)

Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvement;

(37)

Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation;

(38)

Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law;

(39)

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 amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;

(40)

Cultural programs. The power to establish arts and cultural programs for the citizens of Pine Lake and to provide for the funding thereof;

(41)

Urban redevelopment. To organize and operate an urban redevelopment program; and

(42)

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 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 by municipalities under the Constitution or applicable laws of the State of Georgia.

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.

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 five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this Charter and general state law. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law.

The mayor and city councilmembers shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of this city for the period of 12 continuous months immediately prior to the date of the election in which he or she seeks to qualify; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections in this city.

(a)

The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this Charter or the Constitution or general laws of the State of Georgia.

(b)

A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment of a majority of the remaining members of the city council if less than 12 months remain in the unexpired term, otherwise, by an election as provided for in Section 5 of this Charter and Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," or such other laws as are or may hereafter be enacted.

(c)

Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this Charter.

The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.

(a)

No elected official, appointed officer, or employee of the city or any agency or political entity to which this Charter applies shall knowingly:

(1)

Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her judgment or action in the performance of his or her official duties;

(2)

Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair the independence of his or her judgment or action in the performance of his or her official duties;

(3)

Disclose confidential information concerning the property, government or affairs of the governmental body by which he or she is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others;

(4)

Accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation to which his or her knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;

(5)

Represent other private interests in any action or proceeding against this city or any portion of its government; and

(6)

Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has financial interest.

(b)

Any elected official, appointed officer or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and the mayor or such councilmember shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this Charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity.

(c)

No elected official, appointed officer, or employee of the city or any agency or entity to which this Charter applies shall use property owned by such governmental entity for personal benefit, convenience or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity.

(d)

Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council.

(e)

Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he or she was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he or she was elected.

(f)

No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office if such continued employment is incompatible with running for such public office.

(g)

(1)

Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position.

(2)

Any officer or employee of the city who shall forfeit his or her office or position as described in paragraph (1) of this subsection, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter.

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.

Except as otherwise provided by the charter, the city council shall be vested with all the powers of government of this city as provided by article I of this Charter.

The city council is empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, water works, electrical systems, gas systems, airports, hospitals and charitable, educational, recreational, sport, curative, corrective, detention, penal and medical institutions, agencies and facilities, and any 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.

The city council shall hold an organizational meeting on the first Tuesday at the first regular meeting after January 1 following a regular election each 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 swear or affirm that I will faithfully perform the duties of (mayor) for the City of Pine Lake during my term of office; that I am not the holder of any unaccounted for public money due the State of Georgia or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States or any other state or any foreign state which I may, by the laws of the State of Georgia, be prohibited from holding; that I am otherwise qualified to hold the office to which I have been elected according to the constitution and laws of Georgia; that I will support the Constitution of the United States and of the State of Georgia; that I am a resident of the City of Pine Lake; and I will enforce the charter and ordinances of the City of Pine Lake to the best of my skill and ability.'

(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 members of the city council not including the mayor. 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 councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting.

(c)

All 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 two days prior to such meetings.

(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 a public record.

(b)

All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

(a)

Except as otherwise provided in subsection (b) of this section, three councilmembers, not including the mayor, shall constitute a quorum and shall be authorized to transact the business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but the mayor or 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 councilmembers shall be required for the adoption of any ordinance, resolution or motion.

(b)

In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution or motion.

(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 Pine Lake hereby ordains..." and every ordinance shall so begin.

(b)

An ordinance may be introduced by any councilmember and be read 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, that an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in section 2.24 of this Charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

(c)

The reading of the preamble to an ordinance shall be sufficient to meet the requirements of a "read" or "reading." By affirmative vote of a majority of the city council, a reading of the ordinance in its entirety shall be required.

Permanent acts of the city council which have the force and effect of law shall be enacted by ordinance. Acts of a temporary nature may be enacted by resolution.

To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or three councilmembers 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 affirmative vote of at least three councilmembers 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 reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance shall also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

(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:

(1)

The requirements of subsection (b) of section 2.22 of this Charter 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; and

(2)

A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to section 2.26 of this Charter.

(b)

Copies of any adopted code of technical regulations shall be made available by the city clerk for review, for distribution or for purchase at a reasonable price.

(a)

The city clerk shall authenticate by his or 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 law. The general codification shall be adopted by the city council by ordinance and shall be published promptly, together with all 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 Pine Lake, 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 for review by the public without cost and for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this Charter and at all times thereafter, the ordinances and charter amendments shall be printed 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.

The mayor shall appoint a city manager, subject to confirmation by the city council. The mayor and city council shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of that person's administrative, executive, and professional qualifications. Except as otherwise provided by this Charter or by law, the city manager shall not be subject to termination or removal by the mayor or the city council acting alone, but only upon a majority vote of the mayor and city council at a regularly scheduled meeting.

The city manager shall be the chief administrative and executive officer of the city. The city manager shall report to the mayor and be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this Charter. As the chief executive and administrative officer, the city manager shall:

(1)

Appoint and, when the city manager deems it necessary for the good of the city, suspend or remove any city employee and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this Charter. The city manager shall authorize any administrative officer who is 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;

(2)

Direct and supervise the administration and operation of all departments, offices, and agencies of the city, except as otherwise provided by this Charter or by law;

(3)

Shall serve as the director of administration; or delegate such responsibility to any administrative officer under the city manager's supervision;

(4)

Attend all city council meetings, except for closed meetings held for the purposes of deliberating on the appointment, discipline, or removal of the city manager or held for the purpose of receiving legal advice regarding the city manager, and have the right to take part in discussion, but the city manager may not vote;

(5)

Perform the general duties of treasurer, accountant, and fiscal officer;

(6)

See that all laws, provisions of this Charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed;

(7)

Prepare and submit to the city council a recommended operating budget and recommended capital budget;

(8)

Submit to the city council and make available to the public, at least annually, a statement covering the financial condition of the city and a report on the administrative activities of the city as of the end of each fiscal year;

(9)

Make such other reports as the city council may require concerning the operations of the city departments, offices, and agencies subject to the city manager's direction and supervision;

(10)

Keep the city council advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable;

(11)

Provide council with an organizational chart that identifies all directors and the departments of city government that have been legally activated;

(12)

Be responsible for the administration of court service operations, maintenance of municipal court records and collection of fines as established by ordinance and state law; and

(13)

Perform other such duties as are specified in this Charter or as may be required by the city council.

By letter filed with the city clerk, the city manager shall designate, subject to the approval of council, a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence of 30 days or less. During such absence, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return. In the case of permanent absence or removal of the city manager, the city council shall have the authority to appoint or to designate an acting city manager and to affix the acting city manager's compensation. The acting city manager shall be appointed or designated solely on the basis of that person's administrative, executive, and professional qualifications.

Except for the purpose of inquiries and investigations under section 2.15 of this Charter, the city council or 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.

The mayor shall:

(1)

Preside at meetings of mayor and council and have the right to take part in the deliberations of the city council, but shall not vote on any question except in the case of a tie;

(2)

Serve as 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 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)

Have veto power pursuant to section 2.33 of this Charter;

(6)

Call special meetings of the city council as provided for in subsection (b) of section 2.19 of this Charter;

(7)

Sign all checks for the payment of approved money owed by the city;

(8)

Approve or disapprove ordinances as provided in section 2.33 of this Charter;

(9)

Perform such other duties as may be required by law, this Charter, or ordinance.

No mayor elected and qualified for two terms shall be eligible to serve as mayor for the succeeding term.

(a)

Every ordinance adopted by the city council shall be presented by the city clerk to the mayor.

(b)

The mayor shall within ten days of receipt of an ordinance return it to the city clerk with or without his or her approval, or with his or her disapproval. If the ordinance is neither approved nor disapproved, it shall become law at 12:00 noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of his or her reasons for the veto. The city 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 city clerk to the city council at its next regular meeting and shall become law if the city council then or at its next regular meeting adopts the ordinance by an affirmative vote of a supermajority of those present and voting. For purposes of overriding a veto by the mayor, the mayor shall not vote in the case of a tie.

(d)

The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of 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 city council as though disapproved and shall become law unless overridden by the council as provided in subsection (c) of this section.

By a majority vote of all its member, the city council shall elect a councilmember to serve as mayor pro tempore who shall serve at the pleasure of the council. Such election shall occur at the first organizational meeting after each regular election. When the mayor pro tempore is temporarily serving as mayor and is presiding at meetings of the city council, the mayor pro tempore shall retain the right to vote as a member of the city council. During the absence of the mayor for any cause, the mayor pro tempore of the city council shall be clothed with all the rights and privileges of the mayor so long as such absence shall continue. The mayor pro tempore shall sign all contracts and ordinances for which the mayor has a disqualifying financial interest as provided in section 2.14 of this Charter.

(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 nonelective offices as necessary for proper administration of the affairs and government of the 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 appointed officers and directors of departments shall receive such compensation as prescribed by the budget adopted by the city council.

(d)

There shall be a director of each department. Each director shall be subject to the direction and supervision of the city manager and shall be responsible for the administration, the affairs, and the operation of the director's department. The city manager may serve as director of a department. An individual may serve as director of more than one department.

(e)

All directors under the supervision of the city manager shall be recommended by the city manager for appointment by the city council and may be suspended or terminated by the city manager. The director involved may appeal to the city council within five calendar days of the suspension or termination. After a hearing, the council may override the city manager's action by the affirmative vote of a majority of councilmembers present and voting. In the event of a tie, the mayor may vote to break the tie. The following administrative officers shall not be considered 'directors' whom the city manager may suspend or remove under this section: city attorney, city manager and city clerk; the foregoing administrative officers shall only be subject to removal as otherwise allowed under this Charter or by law. Acting directors may serve until a quorum of the city council affirmatively requests a permanent director to be appointed, subject to regular city council approval. All other appointed directors shall be employees at will unless otherwise provide by law or ordinance.

(a)

The city council shall create by ordinance or resolution such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary, and shall by ordinance or resolution 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 manner as shall be provided by ordinance or resolution, 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 or resolution, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority.

(d)

Except as otherwise provided by charter, by ordinance or by other 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 for the original appointment, except as otherwise provided by this Charter, by ordinance or by other law.

(f)

No member of a board, commission or authority shall assume office until such member has executed and filed with the clerk of the city an oath obligating to perform faithfully and impartially the duties of his or her 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 an affirmative vote of three 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 as chairperson and one member as vice-chairperson, and may elect as its secretary one of its 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 Charter, an ordinance 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.

The city council shall appoint a city attorney, subject to confirmation by city council, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services 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 the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the city council, mayor, city manager 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 or her by virtue of such person position as city attorney. Except as otherwise provided by this Charter or by law, the city attorney shall be subject to termination or removal by a majority vote of the city council at a regularly scheduled meeting. The city manager, as chief executive officer of the city, shall use the city's administrative resources to identify candidates and to present recommendations to the city council as to appointment of a city attorney. The recommendation of the manager is subject to confirmation by the city council. The city attorney shall be responsible for reviewing and approving all contracts, pursuant to related ordinances. The city attorney shall provide legal advice to the mayor, city council, city manager, chief of police and the city clerk upon request of the mayor or city manager except on issues germane to investigations of the mayor, whereby authority is given to the mayor pro tempore.

The city council shall appoint a city clerk who shall not be a member of the city council. The city clerk shall be the custodian of the official city seal; maintain city council records required by this Charter; and perform such other duties as may be required by the city council and as are imposed upon that officer by state law. Except as otherwise provided in this Charter or by law, the city clerk shall not be subject to termination or removal by the mayor or the city council acting alone, but only upon the majority vote of the mayor and a concurring majority of the city council sitting at a regularly scheduled meeting of the city council. In the event that an appointment is not made to the city clerk position, the city manager shall serve as city clerk.

(a)

The mayor shall acknowledge the city manager's recommendation of an auditor and such recommendation shall be subject to confirmation by the city council. The auditor shall be responsible for auditing and annual revenues and expenditures pursuant to state and federal law such recommendation shall be subject to confirmation by the city council. The auditor shall be responsible for auditing and annual revenues and expenditures pursuant to state and federal law.

(b)

The city manager shall solicit bids and proposals for city auditing service once every three years and shall review those bids and make a recommendation to the mayor and council for the purposes of the appointment of the city auditor.

(c)

The city manager shall solicit bids and proposals for legal services by a qualified municipal attorney at least once every five years and shall review those bids and make a recommendation to the mayor and council for the purpose of the appointment of the city attorney.

The city council shall appoint a chief of police by majority vote of the council. The chief of police and officers under his or her command shall be responsible for the direct enforcement of all city ordinances and laws as defined by the city charter and the State of Georgia. The chief of police shall also perform the duties of city marshal to levy all executions in favor of the city for taxes, fines, assessments or other pecuniary demands and to advertise and sell property levied on, real or personal, for the satisfaction of taxes, assessments or fines in accordance with the laws of the State of Georgia governing sheriff's sales. The chief of police shall have the authority which now vests in the sheriffs of this state to place purchasers of said property in possession.

The city manager 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.

The city council shall adopt rules and regulations consistent with this Charter concerning:

(1)

Hours of work, vacation, sick leave and other leaves of absence, overtime pay and the order and manner in which layoffs shall be effected;

(2)

Such dismissal hearings as due process may require; and

(3)

Such other personnel policies and notices as may be necessary to provide for the adequate and systematic handling of personnel affairs.

There shall be a court to be known as the Municipal Court of the City of Pine Lake, Georgia.

(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 for by ordinance.

(b)

No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council.

(c)

Compensation of the judges shall be fixed by ordinance.

(d)

Judges may be removed for cause by a vote of three members of the city council.

(e)

Before assuming office, each judge shall take an oath, given by the mayor, that he or he will honestly and faithfully discharge the duties of his or her office to the best of his or her ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required by section 2.20 of this Charter.

The municipal court shall be convened at regular intervals as provided by ordinance.

(a)

The municipal court shall try and punish violations of this Charter, all city ordinances and such other violations as provided by law.

(b)

The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail.

(c)

The municipal court may fix punishment for offenses within its sole jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now or hereafter provided by law and may impose any punishment up to the maximums specified by general law for offenses with its concurrent jurisdiction. The jailer of DeKalb County is required to receive all such prisoners delivered to him or her by the municipal court.

(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 the actual cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of state law.

(e)

The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. When any person shall give bail for appearance and shall fail to appear at the time fixed for trial, such person's bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi at least two 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 the judge declared forfeited to the city, or the property so deposited shall have 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 shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that state law has been violated.

(h)

Each judge of 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.

(i)

Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses 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 offenses against state laws committed within the city.

(j)

The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

(k)

The chief municipal court judge shall perform such other duties as required for proper administration of the municipal court.

The right of certiorari or appeal from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of DeKalb County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari or appeals from municipal courts.

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 in toto 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, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

All primaries and elections shall be held and conducted in accordance with the Constitution and general laws of the State of Georgia.

(a)

There shall be a municipal general election on the first Tuesday next following the first Monday in November.

(b)

There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held under this Charter pursuant to section 7.12 of this Charter.

Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designations.

The person receiving a plurality of the votes cast for any city office shall be elected.

In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those remaining shall appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with applicable general state law as now or hereafter amended.

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 general state law.

(a)

The mayor, councilmembers or other appointed officers provided for in this Charter shall be removed from office for any one or more of the following causes:

(1)

Incompetence, misfeasance or malfeasance in office;

(2)

Conviction of a crime involving moral turpitude;

(3)

Failure at any time to possess any of the qualifications of office as provided by this Charter or by law;

(4)

Knowingly violating any express prohibition of this Charter;

(5)

Abandonment of office or neglect to perform the duties thereof;

(6)

Failure for any other cause to perform the duties of office as required by this Charter or by state law.

(b)

(1)

Following a charge against an elected official upon one or more of the grounds listed in subparagraph (a) of this section, the elected official shall be notified of the charges in writing. The city council, without participation by any charged member, shall appoint a committee consisting of five citizens who are not elected officials to conduct an investigation of the charges and said commission shall issue a report of its findings to the mayor and city council within ten days of its appointment. The elected official charged shall have a right to a public hearing before the city council to be held within ten days of receipt by the mayor and city council of the report from the citizens committee. The charged elected official shall have the right of counsel, the right to examine witnesses, and the power to subpoena persons or physical evidence. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the city council to the Superior Court of DeKalb County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or

(2)

By petition of recall by the electors of the City of Pine Lake, as provided for by the laws of the State of Georgia.

(c)

Any mayor or councilmember of the city who shall forfeit his or her office as described in paragraphs (a) and (b) of this section shall be ineligible for appointment or election for any office in the city government.

The city council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the 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 other public purpose as determined by the city council in its discretion.

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.

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 this city or who practice or offer to practice any profession or calling 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 of this Charter.

The city council by ordinance shall have the power to require any individual or corporation who transacts business in this city or who practices or offers to practice any profession 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 to the city of regulating the activity, and if unpaid, shall be collected as provided in section 6.18 of this Charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitate.

The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, 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 of such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

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 inside and outside 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 in section 6.18 of this Charter.

The city council by ordinance shall have the power to assess, charge, 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 of this Charter.

This 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.

The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under sections 6.10 through 6.17 of this Charter 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 fi. fas., 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.

The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or 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.

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.

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.

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.

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.

On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and 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 improvement 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.

(a)

The city council may amend the operating budget proposed by the city manager; provided, however, that the budget as finally amended and adopted must provide all expenditures required by state law or by other provisions of this Charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.

(b)

The city council by resolution shall adopt the final operating, budget for the ensuing fiscal year not later than December 27 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then 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 resolution 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 of this Charter.

(c)

The amount set out in the adopted operating budget or each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable.

Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such 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 appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city.

The city council by resolution may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus.

(a)

On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and city council a proposed capital improvement budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal 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 improvement budget, except to meet a public emergency as provided in section 2.24 of this Charter.

(b)

The city council by resolution shall adopt the final operating budget for the ensuing fiscal year not later than December 27 of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal years shall be deemed adopted for the ensuring 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 ensuring fiscal year. Adoption of the budget shall take the form of an appropriations resolution 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 of section 6.23 of this Charter.

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 government may be accepted as satisfying the requirements of this Charter. Copies of all audit reports shall be available at printing costs to the public.

No contract with the city shall be binding on the city unless:

(1)

It is in writing;

(2)

It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and

(3)

It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to section 2.21 of this Charter.

The city council shall by ordinance or resolution prescribe the procedures for a system of centralized purchasing for the city.

(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 not 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-way of said street, avenue, alley or public place when such exchange 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.

The officers and employees of this city, both elected 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.

All ordinances, resolutions, rules and regulations now in force in the city not inconsistent with this Charter are declared valid and of full effect and force until amended or repealed by the city council.

The first municipal election under this Charter shall be held on November 4, 2025, at which time the positions held by Augusta Woods and Jean Bordeaux and one council seat previously held by Mayor Brandy Hall shall be filled. Such council seats are designated council Posts 3, 4 and 5, respectively. The positions presently held by Brandy Hall, Jeff Goldberg and Thomas Torrent shall be designated mayor and council Posts 1 and 2, respectively, and shall be retained by them until the regular election date in 2027 unless vacated by them pursuant to provisions of article 5 of this Charter. All persons giving notice of candidacy for a city council seat shall designate the council post being sought. All council posts are held 'at large' and represent all residents of Pine Lake. All registered voters of Pine Lake shall be able to elect candidates of their choice for all city council posts regardless of where they live within the city.

Except as specifically provided otherwise by this Charter, all rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel or offices as may be provided by the city council.

(a)

Section captions in this Charter are informative only and shall not 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.