Part I. CHARTER  

ORDINANCE NO. 894

AN ORDINANCE TO AMEND AND CODIFY PROVISIONS OF THE MUNICIPAL CHARTER OF THE CITY OF BRUNSWICK; TO CONTINUE IN EFFECT CURRENT PROVISIONS OF SAID CHARTER, AS AMENDED FROM TIME TO TIME, AFFECTING THE COMPOSITION AND FORM OF THE MUNICIPAL GOVERNING AUTHORITY, THE PROCEDURE FOR ELECTION OF THE MEMBERS THEREOF, AND THE CONTINUANCE IN OFFICE AND LIMITATION THEREON FOR SUCH MEMBERS; TO AMEND SAID CHARTER SO AS TO PROVIDE FOR A CITY MANAGER AND OTHER OFFICERS, TO PROVIDE FOR BOUNDARIES AND POWERS OF THE CITY, AND TO PROVIDE FOR FISCAL MANAGEMENT, ADMINISTRATION OF MUNICIPAL BUSINESS AND RELATED MATTERS; TO CONTINUE IN EFFECT THE PROVISIONS OF SAID CHARTER, AS AMENDED, PARTICULARLY AS AMENDED BY AN ACT APPROVED FEBRUARY 17, 1950, AUTHORIZING THE LEVY AND COLLECTION OF TAXES; TO REPEAL PROVISIONS OF SAID CHARTER WHICH HAVE BEEN SUPERSEDED BY GENERAL LAW, WHICH HAVE BECOME OBSOLETE OR WHICH ARE IN CONFLICT WITH THIS ORDINANCE; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

THE COMMISSION OF THE CITY OF BRUNSWICK HEREBY ORDAINS AS FOLLOWS:

SECTION 1. It is the intent of this ordinance to continue in effect fundamental provisions of the municipal charter of the City of Brunswick concerning the governing authority and taxation, in conformity with Official Code of Georgia Annotated Sec. 36-35-6 [O.C.G.A. § 36-35-6], limiting the home rule powers of municipal corporations; to modernize the charter by amending it in other respects pursuant to the Municipal Home Rule Act of 1965, particularly Official Code of Georgia Annotated Sec. 36-35-3 [O.C.G.A. § 36-35-3]; to repeal charter provisions which have been superseded by general law, which have become obsolete or which are in conflict with this ordinance; and to codify the resulting charter.

SECTION 2. Those fundamental provisions of the current charter which shall continue in effect are identified hereinafter by parenthetical references following such provisions.

SECTION 3. Those provisions of the current charter which are not identified hereinafter as provisions which shall continue in effect are hereby stricken in their entirety, provided, however, that this repealer shall not operate to affect vested rights, title to real property, the closure of streets or the names of streets as heretofore designated by the commission.

SECTION 4. Reference is hereby made to Section 2 of an Act approved August 11, 1920 (1920 Ga. Laws, pp. 757, 760) which provides: "The offices of Mayor and Aldermen and all other officers of said city created by legislative enactment, except as hereinafter provided for, are hereby abolished, and all laws creating such offices and defining the duties and authority pertaining thereto are hereby repealed, except as hereinafter provided for." The commission hereby finds that the foregoing effectively repealed that provision of an Act approved November 12, 1889 (1889 Ga. Laws, pp. 1010, 1015) subsequently codified as Section 15 of the charter as set forth in the Brunswick City Code, 1952. The 1889 provision, therefore, is not carried forward as a limitation of office in the charter as hereinafter set forth.

SECTION 5. If any provision of this ordinance or of the charter as hereinafter set forth is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not affect the remaining provisions of the ordinance or charter.

SECTION 6. This ordinance and the charter set forth hereinafter shall become effective on January 1, 1991.

SECTION 7. As of said effective date the municipal charter of the City of Brunswick shall be as set forth in the pages appended hereto.

Notice of intent published: September 15, 22, 29, 1990.

Read and adopted first time: September 19, 1990.

Read and adopted second time: October 3, 1990.

Attest:

CHARTER OF THE CITY OF BRUNSWICK