HB592: HB592 Cleveland, City of; provide new charter

25 LC 47 3304/AP House Bill 592 (AS PASSED HOUSE AND SENATE) By: Representatives Gunter of the 8th and Wade of the 9th A BILL TO BE ENTITLED AN ACT To provide a new charter for the City of Cleveland; to provide for incorporation, boundaries,1 and powers of the city; to provide for the exercise of powers and limitations on powers; to2 provide for a governing authority of such city and the powers, duties, authority, prohibitions,3 elections, terms, removal from office, method of filling vacancies, compensation, expenses,4 and qualifications of such authority; to provide for the office of mayor and certain duties and5 powers relative to the office of mayor; to provide for conflict of interest and holding other6 offices; to provide for inquiries and investigations; to provide for organization and meeting7 procedures; to provide for ordinances; to provide for eminent domain; to provide for codes;8 to provide for a mayor pro tem; to provide for a city manager and powers and duties thereof;9 to provide for acting city managers; to provide for administrative responsibilities; to provide10 for boards, commissions, and authorities; to provide for a city attorney, city clerk, and other11 personnel; to provide for the establishment of a municipal cour t and the judge or judges12 thereof; to provide for practices and procedures; to provide for taxation, permits, and fees;13 to provide for franchises, service charges, and assessments; to provide for bonded and other14 indebtedness; to provide for accounting and budgeting; to provi de for contracting and15 purchasing; to provide for sale of city property; to provide for bonds for officials; to provide16 for pending matters; to provide for definitions and construction; to provide for severability;17 H. B. 592 - 1 - 25 LC 47 3304/AP to provide for related matters; to repeal specific Acts; to repeal conflicting laws; and for other18 purposes.19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20 ARTICLE I21 INCORPORATION AND POWERS22 SECTION 1-1001. 23 Reincorporation.24 The City of Cleveland, in White County, and the inhabitants thereof, are reincorporated by25 the enactment of this charter and are hereby constituted and de clared a body politic and26 corporate under the name and style of the City of Cleveland, Georgia, and by that name shall27 have perpetual succession.28 SECTION 1-1002. 29 Corporate boundaries.30 (a) The corporate boundaries of this city shall be those existing on the effective date of the31 adoption of this charter with such alterations as may be made f rom time to time in the32 manner provided by law. The boundaries of this city at all times shall be shown on a map,33 a written description, or any combination thereof, to be retained permanently in the office of34 the city clerk and to be designated, as the case may be: "Official Map (or Description) of the35 corporate limits of the City of Cleveland, Georgia, in White County, Georgia." Photographic,36 typed, or other copies of such map or description certified by the city clerk shall be admitted37 H. B. 592 - 2 - 25 LC 47 3304/AP as evidence in all courts and shall have the same force and effect as with the original map or38 description.39 (b) All future alterations of said map or description, as directed by the council to reflect40 lawful changes in the corporate boundaries, shall be signed by the mayor and city clerk. A41 redrawn map or description shall supercede, for all purposes, t he entire map or maps and42 description or descriptions which it is designated to replace.43 SECTION 1-1003.44 General powers and construction.45 (a) This city shall have all powers possible for a municipality to have under the present or46 future Constitution and laws of this state as fully and complet ely as though they were47 specifically enumerated in this charter. This city shall have all the powers of48 self-government not otherwise prohibited by this charter or by general law.49 (b) The powers of this city shall be construed liberally in fa vor of the city. The specific50 mention or failure to mention particular powers shall not be construed as limiting in any way51 the powers of this city.52 SECTION 1-1004. 53 Examples of powers.54 The corporate powers of the city shall include but not be limited to, the following:55 (1) Alcoholic beverages - the keeping for sale, selling, or of fering for sale of any56 spirituous, vinous, malt, or fermented wines or liquors within the corporate limits of said57 city shall be regulated by the city as provided by law. The city council shall have power58 or authority to license the sale thereof, consistent with the laws of the State of Georgia, and59 H. B. 592 - 3 - 25 LC 47 3304/AP it shall be the council's duty to enforce this by the enactment of necessary ordinances with60 suitable penalties for violation;61 (2) Animal regulations - to regulate and license or to prohibi t the keeping or running at62 large of animals, reptiles, and fowl, and to provide for the im poundment of same if in63 violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or64 humane destruction of animals and fowl when not redeemed as provided by ordinance; and65 to provide punishment for violation of ordinances enacted hereunder;66 (3) Appropriations and expenditures - to make appropriations f or the support of the67 government of the city; to authorize the expenditure of money for any purposes authorized68 by this charter and for any purpose for which a municipality is authorized by the laws of69 the State of Georgia; and to provide for the payment of expenses of the city;70 (4) Building regulation - to regulate and to license the erect ion and construction of71 buildings and all other structures; to adopt building, housing, plumbing, fire safety,72 electrical, gas, and heating and air conditioning codes; and to regulate all housing and73 building trades;74 (5) Business regulation and taxation - to levy and to provide for the collection of license75 fees, permit fees and taxes on privileges, occupations, trades, and professions as authorized76 by Title 48 of the O.C.G.A., or other such applicable laws as a re or may hereafter be77 enacted; to license, permit and regulate the same; to provide for the manner and method of78 payment of such licenses, permits and taxes; and to revoke such permits after due process79 for failure to pay any city taxes or fees or for violations of licensing regulations;80 (6) Cemeteries - the council shall have jurisdiction over all cemeteries belonging to or81 located in said city, and may provide by ordinance for a public cemetery. It may appoint82 such employees to superintend the care of such public cemeteries established by the city83 by ordinance as it deems proper. It may enact such ordinances to prevent trespass therein84 and to prevent any person from defacing any work therein. It may regulate the charges for85 grave digging, hearse fees, and any and every thing pertaining to the care and operation of86 H. B. 592 - 4 - 25 LC 47 3304/AP such cemeteries as established by the city by ordinance. The G eorgia Board of87 Cemeterians, with the Georgia Secretary of State's office, is charged by law with regulating88 the practice of perpetual care cemeteries;89 (7) Condemnation - to condemn property, inside or outside the corporate limits of the city90 or any combination thereof, for present or future use and for any corporate purpose deemed91 necessary by the governing authority, utilizing procedures enum erated in Title 22 or92 Title 32 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted;93 (8) Contracts - to enter into contracts and agreements with other governmental entities and94 with private persons, firms, and corporations and with other such legal entities which may95 be recognized by Georgia law, including but not limited to authorities, trusts, partnerships,96 and limited partnerships;97 (9) Emergencies - to establish procedures for determining and proclaiming that an98 emergency situation exists within or without the city, and to m ake and carry out all99 reasonable provisions deemed necessary to deal with or meet such an emergency for the100 protection, safety, health, or well-being of the citizens of the city;101 (10) Environmental protection - to protect and preserve the natural resources, environment,102 and vital areas of the city, the region, and the state through the preservation and103 improvement of air quality, the restoration and maintenance of water resources, the control104 of erosion and sedimentation, the management of stormwater and establishment of a105 stormwater utility, the management of solid and hazardous waste , and other necessary106 actions for the protection of the environment;107 (11) Fire regulations - to fix and establish fire district lim its and from time to time to108 extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent109 with general law, relating to both fire prevention and detection and to firefighting; and to110 prescribe penalties and punishment for violations thereof;111 (12) Garbage fees - to levy, fix, assess, and collect a garbage, refuse, and trash collection112 and disposal and other sanitary service charge, tax, or fee for such services as may be113 H. B. 592 - 5 - 25 LC 47 3304/AP necessary in the operation of the city from all individuals, firms, and corporations and with114 other such legal entities which may be recognized by Georgia la w, including but not115 limited to authorities, trusts, partnerships, and limited partn erships residing in or doing116 business therein and benefiting from such services; to enforce the payment of such charges,117 taxes or fees; and to provide for the manner and method of collection;118 (13) General health, safety, and welfare - to define, regulate, and prohibit any act or failure119 to act, practice, conduct, or use of property, or any combinati on thereof which is120 detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the121 city and to provide for the enforcement of such standards;122 (14) Gifts - to accept or refuse gifts, donations, bequests, or grants from any source for any123 purpose related to the powers and duties of the city and the general welfare of its citizens,124 on such terms and conditions acceptable to the city which the donor or grantor may impose;125 (15) Health and sanitation - to prescribe standards of health and sanitation and to provide126 for the enforcement of such standards;127 (16) Illegal and immoral conduct - to suppress lewdness and immoral conduct, gambling,128 gambling houses, and gambling contrivances of any kind; blind tigers and places of illegal129 sale of liquors, wines, liquors or opiates of all kinds or nature; houses of ill fame, bawdy130 houses, lewd houses, and any premises where prostitution occurs;131 (17) Motor vehicles - to regulate the operation of motor vehicles, and to exercise control132 over the movement and parking of such motor vehicles upon and across the streets, roads,133 designated private ways, alleys, walkways, and parks and the public square of the city;134 (18) Municipal agencies and delegation of power - to create, a lter, and abolish135 departments, boards, offices, commissions, and agencies of the city and to confer upon136 such departments, boards, offices, commissions, and agencies th e necessary and137 appropriate authority for carrying out all the powers conferred upon or delegated to the138 same;139 H. B. 592 - 6 - 25 LC 47 3304/AP (19) Municipal debts and issuance of bonds - to contract debts and issue bonds of said city140 as the valid obligations of said city, under and in accordance with the limitations provided141 in the Constitution and laws of said state, for the purpose of refunding valid and existing142 debts, establishing, improving, and maintaining a water supply system, any other public143 service or utility system, hospitals, or other public buildings, for the paving or otherwise144 improving of city streets or public places, and for any other improvement, convenience, or145 necessity for the use of said city or the citizens thereof, or for any other lawful purpose;146 (20) Municipal property ownership - to purchase, hold, rent, lease, and receive by gift or147 otherwise, and to enjoy, possess, and retain, temporarily or permanently, any property, real148 or personal, of any kind whatsoever either within or without th e corporate limits of said149 city, for corporate purposes;150 (21) Municipal property protection - to provide for the preser vation and protection of151 property, real and personal, and the administration and use of same by the public; and to152 prescribe penalties and punishment for violations thereof;153 (22) Municipal utilities - to acquire, lease, construct, operate, maintain, sell, or dispose of,154 and any combination thereof, public utilities inside and outside the corporate limits of the155 city, including but not limited to systems of waterworks, water distribution, sewers and156 drains, sewage disposal, stormwater management, wells, including, but not limited to, wells157 located on private property and leased by the city; gas works; electric light plants; cable158 television and other telecommunications; transportation facilities; public airports; and any159 other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and160 penalties for such utilities inside and outside the city's corporate limits; and to provide for161 the withdrawal of service for refusal or failure to pay for any such utilities, regardless of162 whether such utilities are made available inside the city or outside the city, or inside and163 outside the city;164 (23) Nuisance - to define a nuisance and provide for its abatement whether on public or165 private property;166 H. B. 592 - 7 - 25 LC 47 3304/AP (24) Penalties - to provide penalties for violation of any ord inances adopted pursuant to167 the authority of this charter and the laws of the State of Georgia;168 (25) Planning and zoning - to provide comprehensive city plann ing for development by169 zoning; and to provide subdivision regulation and the like as t he city council deems170 necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community;171 (26) Police and fire protection - to exercise the power of arrest through duly appointed law172 enforcement officers, and to establish, operate, abolish or contract for, in any combination,173 a law enforcement agency. To exercise, establish, operate, abolish, or contract for, in any174 combination, a firefighting agency;175 (27) Public hazard removal - to provide for the destruction and removal of any building176 or other structure which is or may become dangerous or detrimental to the public;177 (28) Public improvements - to provide for the acquisition, con struction, building,178 operation, and maintenance of public ways, parks and playgrounds, recreational facilities,179 cemeteries, markets and market houses, public buildings, libraries, public housing, airports,180 hospitals, terminals, docks, parking facilities, or charitable, cultural, educational,181 recreational, conservation, sport, curative, corrective, detent ional, penal, and medical182 institutions, agencies, and facilities; and to provide any other public improvements, inside183 and outside the corporate limits of the city; to regulate the use of public improvements; and184 for such purposes, property may be acquired by condemnation und er Title 22 of the185 O.C.G.A., or such other applicable laws as are or may hereafter be enacted;186 (29) Public peace - to provide for the prevention and punishment of loitering, disorderly187 conduct, drunkenness, riots, and public disturbances;188 (30) Public transportation - to organize and operate such public transportation systems as189 are deemed beneficial;190 (31) Public utilities and services - to grant franchises to public utilities and public service191 companies, or make contracts with public utilities and public s ervice corporations, or192 impose taxes on public utilities and public service companies, or any combination thereof;193 H. B. 592 - 8 - 25 LC 47 3304/AP and to prescribe the rates, fares, regulations, and standards a nd conditions of service194 applicable to the service to be provided by the franchise grantee or contractor, insofar as195 not in conflict with valid regulations of the public service commission;196 (32) Regulation of roadside areas - to prohibit or regulate an d control the erection,197 removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and198 all other structures or obstructions upon or adjacent to the ri ghts-of-way of streets and199 roads or within view thereof, within or abutting the corporate limits of the city; and to200 prescribe penalties and punishment for violation of such ordinances;201 (33) Retirement - to provide and maintain a retirement plan an d other employee benefit202 plans and programs for the elected officers of the city, the employees of the city, and for203 any such other appointed officers of the city which the city council may designate;204 (34) Roadways - to lay out, open, extend, widen, narrow, establish or change the grade of,205 abandon or close, construct, pave, curb, gutter, adorn with sha de trees, or otherwise206 improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and207 walkways within the corporate limits of the city; to authorize and control the construction208 of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant209 franchises and rights-of-way throughout the streets and roads a nd over the bridges and210 viaducts for the use of public utilities;211 (35) Sentences - to provide that persons given sentences in the city's court may work out212 such sentences in any public works or on the streets, roads, drains and other public property213 in the city, to provide for commitment of such persons to any detention center, to provide214 for the use of pretrial diversion and any alternative sentencin g allowed by law, or to215 provide for commitment of such persons to any detention center by agreement with the216 appropriate county officials;217 (36) Sewer fees - to levy such fees, charges, and taxes as may be authorized by ordinance218 for the purpose of acquiring, constructing, equipping, operatin g, maintaining, and219 extending of sewage treatment plants and sewerage systems and to levy on those to whom220 H. B. 592 - 9 - 25 LC 47 3304/AP sewers and sewerage systems are made available such service fees, charges, and taxes and221 for enforcing payment of the same; and to charge, impose, and collect from those seeking222 service from such plants and systems, such connection fees or charges for the privilege of223 receiving service from such plants and systems as may be authorized by ordinance;224 (37) Solid waste disposal - to provide for the collection and disposal of garbage, rubbish,225 and refuse and to regulate the collection and disposal of garba ge, rubbish, and refuse by226 others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper,227 and other recyclable materials, and to provide for the sale of such items;228 (38) Special areas of public regulation - to regulate or prohi bit junk dealers and pawn229 shops, the manufacture and sale of intoxicating liquors; to reg ulate the transportation,230 storage, and use of combustible, explosive, and inflammable materials, the use of lighting231 and heating equipment, and any other business or situation whic h may be dangerous to232 persons or property; to regulate and control the conduct of peddlers and itinerant traders,233 theatrical performances, exhibitions, traveling carnivals, helicopter rides, hot air balloon234 rides, and shows of any kind, by taxation or otherwise; to lice nse and tax professional235 fortunetelling, palmistry, and massage parlors; and to restrict adult bookstores, stores236 offering adult videos, and stores offering adult toys to certain areas;237 (39) Special assessments - to levy and provide for the collection of special assessments to238 cover the costs for any public improvements;239 (40) Taxes:240 (A) Ad valorem taxation - to levy and provide for the assessment, valuation, revaluation,241 and collection of taxes on all property subject to taxation;242 (B) Other taxation - to levy and collect such other taxes as may be allowed now or in the243 future by law;244 (41) Trees - to adopt and enforce ordinances for the protection and preservation of trees245 on the streets, public places, cemeteries, new developments, parks, and public squares in246 the city and to prevent the cutting, impairing, or mutilations thereof by telephone, cable,247 H. B. 592 - 10 - 25 LC 47 3304/AP or electric light linemen or employees or any other person unless the same is done under248 and with the express and formal consent of the council or some other officer appointed by249 the council to direct the same and then only when absolutely ne cessary for the public250 service or safety;251 (42) Urban redevelopment - to organize, operate, and abolish a n urban redevelopment252 program and to define the area in which said program may operate;253 (43) Vehicles for hire - to regulate and license vehicles oper ated for hire in the city; to254 limit the number of such vehicles; to require the operators thereof to be licensed; to require255 public liability insurance on such vehicles in the amounts to be prescribed by ordinance;256 and to regulate the parking of such vehicles; and257 (44) Other powers - to exercise and enjoy all other powers, functions, rights, privileges,258 and immunities necessary or desirable to promote or protect the safety, health, peace,259 security, good order, comfort, convenience, or general welfare of the city and its260 inhabitants; and to exercise all implied powers necessary or de sirable to carry into261 execution all powers granted in this charter as fully and completely as if such powers were262 fully stated herein; and to exercise all powers now or in the f uture authorized to be263 exercised by other municipal governments under other laws of the State of Georgia; and264 no listing of particular powers in this charter shall be held t o be exclusive of others, nor265 restrictive of general words and phrases granting powers, but shall be held to be in addition266 to such powers unless expressly prohibited to municipalities un der the Constitution or267 applicable laws of the State of Georgia.268 SECTION 1-1005.269 General police powers.270 The mayor and council shall have full power and authority to pass, enact, and adopt any and271 all ordinances they deem necessary to protect the peace, comfor t, health, prosperity, and272 H. B. 592 - 11 - 25 LC 47 3304/AP security of the city and its inhabitants, to foster good morals and virtues in said city, and to273 suppress any and all acts against the peace and good order.274 SECTION 1-1006.275 Fire protection.276 The mayor and council shall have full power and authority to provide for fire protection, to277 organize, operate, maintain, and equip a fire department, eithe r paid or volunteer, and to278 provide such buildings as necessary to house the same and to make, enact, pass, and adopt279 such ordinances, rules, and regulations necessary to promote the protection of the inhabitants280 of the city against fire or fire hazards. To condemn buildings and cause their removal when281 they become or are likely to become a fire hazard or fire trap or where such buildings282 endanger by being or becoming a fire hazard or fire trap. To p ass, enact, and adopt such283 ordinances and procedures to enforce removal of such hazards and to promote the protection284 of all citizens from a fire hazard consistent with the laws of this state.285 SECTION 1-1007.286 Inquiries and investigations.287 Following the adoption of an authorizing resolution, the city council may make inquiries and288 investigations into the affairs of the city and the conduct of any department, office, or agency289 thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and290 require the production of evidence. Any person who fails or refuses to obey a lawful order291 issued in the exercise of these powers by the city council shall be punished as provided by292 ordinance.293 H. B. 592 - 12 - 25 LC 47 3304/AP SECTION 1-1008.294 Exercise of powers.295 All powers, functions, rights, privileges, and immunities of th e city, its elected officials,296 officers, agencies, and employees shall be carried into execution as provided by this charter.297 If this charter makes no provision, such shall be carried into execution as provided by298 ordinance or as provided by pertinent laws of the State of Georgia.299 SECTION 1-1009.300 Vesting of property owned at time of enactment.301 The title to any property, real or personal, within or without the corporate limits of said city,302 heretofore acquired by the City of Cleveland, with or without p roper charter authority, is303 hereby vested in the City of Cleveland created by this charter, the acquisition thereof being304 hereby ratified and made lawful.305 SECTION 1-1010.306 Assumption of former debts.307 The City of Cleveland created by this Act is hereby made responsible, as a body corporate,308 for all legal undertakings, liabilities, and debts of the former City of Cleveland, whether for309 principal and interest or outstanding bonds, or other contracts or indebtedness.310 H. B. 592 - 13 - 25 LC 47 3304/AP ARTICLE II311 CITY GOVERNMENT312 SECTION 2-1001.313 Governing authority.314 The municipal government of the city shall consist of a mayor a nd four council members,315 and shall be known as the "Mayor and City Council of the City of Cleveland, Georgia." The316 mayor and city council shall be the governing authority of the city and have all legislative 317 powers of the government of the city. The powers and authority of the mayor and city318 council shall exercised in compliance with the provisions of th is charter and as otherwise319 authorized by the laws of the State of Georgia. The mayor and city council may also be320 known as "the city council."321 SECTION 2-1002.322 Mayor and council; powers and duties of same.323 (a) The mayor and council shall have full power and authority from time to time to make and324 establish, enact and pass, such ordinances, laws, rules, regulations, and orders as may seem325 right and proper, respecting all matters and things whatsoever that may by them be326 considered necessary or proper or incident to good government of the city and to the peace,327 security, health, happiness, welfare, protection or convenience of the inhabitants of said city,328 and for preserving the peace and good order and dignity of the city. The mayor and council329 shall have power to pass all ordinances, resolutions, rules, re gulations, and orders as said330 mayor and council shall deem necessary to govern the city. The mayor and council shall331 have power and authority to suspend and remove all officers, agents, and employees of the332 H. B. 592 - 14 - 25 LC 47 3304/AP city and to fix the amount of all salaries and other compensati on and benefits of such333 officers, agents, and employees of said city.334 (b) The mayor shall be the chief executive of the city, and shall:335 (1) See that all laws and ordinances of the city are faithfully executed;336 (2) Supervise all officers, agencies, and employees of the city and all work of the city;337 (3) Call special meetings of the city council as provided for in Section 2-1011 of this338 charter;339 (4) Preside at all meetings of the city council;340 (5) Be the head of the city for the purpose of service of proc ess and for ceremonial341 purposes, and be the official spokesperson for the city and the chief advocate of policy;342 (6) Have power to administer oaths and to take affidavits;343 (7) Sign on behalf of the city all written contracts, ordinances, and other instruments which344 have been approved by the council in accordance with the provisions of this charter and the345 ordinances adopted pursuant thereto;346 (8) Exercise all powers of the city manager during all times i n which said position is347 vacant and during all times when the city manager has been susp ended by action of the348 council as more specifically provided in Section 2-1009; and349 (9) Perform such other duties as may be required by law, this charter, or by ordinance.350 (c) Members of the council shall attend all regular and specia l meetings of the council,351 faithfully and diligently look after the affairs of the city; a nd attentively perform such352 services as may be required on committees and otherwise. In addition, the council shall have353 authority to enter into such contracts and obligations and to a dopt such ordinances,354 resolutions, rules, and regulations not inconsistent with this charter, the Constitution, and the355 laws of the State of Georgia as it shall deem necessary, expedi ent, or helpful for the356 governance of the City of Cleveland and may provide for enforcement of such ordinances,357 resolutions, rules, and regulations by establishing the penalties for violations.358 H. B. 592 - 15 - 25 LC 47 3304/AP SECTION 2-1003.359 Compensation and expenses.360 The mayor and councilmembers shall receive compensation, benefits, and expenses for their361 services as set by ordinance.362 SECTION 2-1004.363 Mayor; council; districts; election.364 (a) The municipal government of the City of Cleveland shall be vested in a mayor and four365 councilmembers. The city council established shall in all resp ects be a successor to and366 continuation of the governing authority under prior law. The m ayor and councilmembers367 shall be elected in the manner provided by general law and this charter.368 (b) The four councilmembers shall be elected by the voters of the entire city. One369 councilmember shall be elected from each of the four districts of the city as delineated and370 described in this subsection, to wit:371 (1) District No. 1 shall consist of that territory embraced an d lying South of what is372 presently known as East Kytle Street and State Highway No. 115, and East of the centerline373 of what is presently known as the South Main Street and State Highway No. 11, embraced374 in the corporate limits of said city.375 (2) District No. 2 shall consist of that territory embraced and lying West of the centerline376 of what is presently known as South Main Street and State Highway No. 11 and south of377 the centerline what is presently known as West Kytle Street and State Highway No. 115,378 embraced in the corporate limits of said city.379 (3) District No. 3 shall consist of that territory embraced and lying North of the centerline380 of what is presently known as West Kytle Street and State Highway No. 115 and West of381 the centerline of what is presently known as North Main Street and State Highway No. 11,382 H. B. 592 - 16 - 25 LC 47 3304/AP embraced in the corporate limits of said city. Said District No. 3 shall also include that part383 of the public square not included in the boundaries of any other district.384 (4) District No. 4 shall consist of that territory embraced and lying East of the centerline385 of what is presently known as North Main Street and State Highway No. 11 and North of386 the centerline of what is known as East Kytle Street and State Highway No. 115, embraced387 in the corporate limits of said city.388 (c) The mayor shall be elected by the qualified voters of the city from the city at large.389 SECTION 2-1005.390 Mayor and councilmembers; terms; qualifications.391 The mayor and councilmembers serving on the effective date of this charter shall serve until392 the expiration of the terms for which each was elected. Their successors shall be elected at393 the municipal election immediately preceding expiration of such t e r m . T h e m ayor a n d394 members of the city council shall serve for terms of four years and until their respective395 s u c c e s s o r s a r e e l e c t e d a n d q u a l i f i e d . N o p e r s o n s h a l l b e e l i g ible to serve as mayor or396 councilmember unless that person shall have been a resident of the city for 12 months prior397 to the date of election. The mayor and each councilmember shall continue to reside within398 the city during the term for which elected and continue to be registered and qualified to vote399 in municipal elections of this city and each councilmember shal l continue to reside within400 the district that such member represents during that member's period of service. No person401 shall be eligible to hold office of mayor or councilmember if c onvicted of any crime402 involving moral turpitude. No person shall be eligible to hold t h e o f f i c e o f m a y o r o r403 councilman until having passed his or her 21st birthday.404 H. B. 592 - 17 - 25 LC 47 3304/AP SECTION 2-1006.405 Organizational meeting; oath.406 The city council shall hold an organizational meeting at its first meeting of the year in each407 even-numbered year. The meeting shall be called to order by the city clerk and the oath of408 office shall be administered to the newly elected members by a judicial officer authorized to409 administer oaths and shall, to the extent that it comports with federal and state law, be as410 follows:411 "I, __________, do solemnly swear (or affirm) that I will truly and faithfully perform the412 duties of the Office of Councilmember (or Mayor) for the City o f Cleveland, White413 County, Georgia, for the ensuing term and will enforce the provisions of the Charter and414 all Ordinances made pursuant thereof to the best of my skill an d ability, without fear or415 favor.416 I, do swear (or affirm) that I am not the holder of any unaccounted for public money due417 this state or any political subdivision or authority thereof; that I am not the holder of any418 office of trust under the government of the United States, any other state, or any foreign419 state which I am prohibited from holding by the laws of the State of Georgia; and that I am420 otherwise qualified to hold said office according to the Constitution of the United States421 and the Constitution and laws of the State of Georgia and that I will support the422 Constitution of the United States and this state."423 SECTION 2-1007.424 City manager; appointment; qualifications; compensation.425 (a) The city council may appoint a city manager, also known as "the manager," for an426 indefinite term and shall set the manager's compensation. The manager shall be appointed427 solely on the basis of executive and administrative qualifications.428 H. B. 592 - 18 - 25 LC 47 3304/AP (b) Before taking office, the city manager shall furnish a fid elity bond with a minimum429 amount of $100,000.00, conditioned upon the faithful performance of his or her duties, with430 a corporation licensed to do business in this state as a surety. Such bond shall be filed with431 the city clerk after being approved by the mayor and council. The cost of such bond shall432 be paid by the city from city funds.433 SECTION 2-1008.434 Powers and duties of city manager.435 The city manager, when duly appointed, and while acting as city manager, shall be the chief436 administrative officer of the city. The manager shall be respo nsible to the mayor and city437 council for the administration of all city affairs placed in the manager's charge by or under438 this charter. The manager shall:439 (1) Appoint and, when the manager deems it necessary for the good of the city, suspend440 or remove all city employees and administrative officers the manager appoints, except as441 otherwise provided by law or personnel ordinances adopted pursu ant to this charter.442 However, the mayor and council shall have sole power and authority to appoint, suspend,443 supervise, remove, and to set the compensation of and the benef its of the city clerk, city444 attorney, judge of the municipal court, city solicitor, and public defender of the municipal445 court, engineer, and all department heads, and all members of boards, commissions, and446 authorities that the mayor and council have created, or shall create, or of which the city is447 a member.448 (2) Direct and supervise the administration of departments, of fices, and agencies of the449 city, except as otherwise provided by this charter or by law;450 (3) Direct and supervise all department heads of the city, but the mayor and council shall451 have power and authority to suspend and remove all department h eads of the city and to452 H. B. 592 - 19 - 25 LC 47 3304/AP fix the amount of all salaries and other compensation and benef its of such department453 heads of said city.454 (4) Attend all city council meetings except for closed meeting s held for the purposes of455 deliberating on the appointment, discipline, or removal of the city manager and have the456 right to take part in discussion but not vote;457 (5) See that all laws, provisions of this charter, and acts of the city council, subject to458 enforcement by the manager or by officers subject to the manage r's direction and459 supervision, are faithfully executed;460 (6) Prepare and submit the annual operating budget and capital budget to the city council;461 (7) Submit to the city council and make available to the publi c a complete report on the462 finances and administrative activities of the city as of the end of each fiscal year;463 (8) Make such other reports as the city council may require concerning the operations of464 city departments, offices and agencies subject to the manager's direction and supervision;465 (9) Keep the city council fully advised as to the financial condition and future needs of the466 city, and make such recommendations to the city council concerning the affairs of the city467 as the manager deems desirable and as the mayor and council may require; and468 (10) Perform other such duties as are specified in this charter or as may be required by the469 city council.470 SECTION 2-1009.471 Removal of city manager.472 The city council may suspend the manager from office for a period not to exceed 45 days,473 or remove from office the manager, at any time and for any reason which the city council by474 affirmative vote of the majority may determine, upon such terms and conditions as the city475 council may determine; or, if the manager has a contract in place, the city council may refer476 to the terms of the contract.477 H. B. 592 - 20 - 25 LC 47 3304/AP SECTION 2-1010.478 Acting manager.479 (a) The city council shall have the power to appoint the mayor to serve as acting manager480 during the absence or disability of the manager or during such time as the position of481 manager is vacant, without limitation to the length of such appointment. For the purpose of482 this section, disability of the city manager shall include bein g suspended from his or her483 duties by the mayor and council.484 (b) During any period that the mayor is appointed as and serves as acting city manager, the485 mayor shall continue to exercise all powers granted to him or her as mayor. The mayor shall486 not be entitled to receive the salary of the city manager for s ervice as acting manager. In487 those instances in which the mayor has been appointed acting city manager, the mayor shall488 cease exercising the powers and duties of the city manager upon the earlier of:489 (1) Appointment of a city manager; or 490 (2) Upon the revocation of said acting city manager's appointm ent by the council and491 appointment of a councilmember.492 (c) If, in the discretion of the city council, the mayor is un able to fulfill the duties of the493 acting manager for any reason, the city council shall have the power to appoint a494 councilmember to serve as acting city manager. Such councilmemb er shall continue to495 exercise all powers granted to a councilmember during the period that he or she is serving496 as acting city manager. Said councilmember shall not be entitled to receive the salary of the497 manager while serving as acting manager. The city councilmember shall cease exercising498 the powers and duties of the city manager upon the earlier of: 499 (1) Appointment by the city council of a city manager; or 500 (2) Upon the revocation of said acting city manager's appointment by the city council and501 the appointment of another city councilmember to serve as acting manager.502 H. B. 592 - 21 - 25 LC 47 3304/AP (d) Any appointment of a city councilmember to serve as acting city manager shall be for503 a period not to exceed six months.504 (e) The acting city manager shall take the same oath as the city manager but need not furnish505 a fidelity bond.506 (f) Any reference in this charter to the city manager shall mean and include the acting city507 manager.508 SECTION 2-1011.509 Mayor pro tem; selection; duties.510 At its organizational meeting each year, by a majority vote, th e city council shall elect a511 councilmember to serve as mayor pro tem. The mayor pro tem shall preside at all meetings512 of the city council when the mayor is absent. The city council by a majority vote shall elect513 a new presiding officer from among its members for any period in which the mayor pro tem514 is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by515 majority vote of all councilmembers. When serving as mayor, the mayor pro tem shall not516 vote as a member of the council, except in order to break a tie.517 SECTION 2-1012.518 Regular, special, and emergency meetings.519 (a) The city council shall hold regular meetings at such times and places as shall be520 prescribed by ordinance.521 (b) Special meetings of the city council may be held on call o f the mayor or three522 councilmembers. Notice of such special meetings shall be serve d on all other members523 personally, or by telephone personally, at least 24 hours in ad vance of the meeting. Such524 notice to councilmembers shall not be required if the mayor and all councilmembers are525 H. B. 592 - 22 - 25 LC 47 3304/AP present when the special meeting is called. Such notice of any special meeting may be526 waived by a councilmember in writing before or after such a meeting, and attendance at the527 meeting shall also constitute a waiver of notice on any busines s transacted in such528 councilmembers presence. Only the business stated in the call may be transacted at the529 special meeting.530 (c) When special circumstances occur and are so declared by the city council, it may hold531 a meeting with less than 24 hours' notice with the consent of a majority of the532 councilmembers then serving upon giving such notice of the meeting and subjects expected533 to be considered at the meeting as is reasonable under the circ umstances, including notice534 to the county legal organ or a newspaper having a general circulation in the county at least535 equal to that of the legal organ, in which event the reason for holding the meeting within 24536 hours and the nature of the notice shall be recorded in the minutes. An emergency ordinance537 shall be introduced in the form prescribed for ordinances gener ally, except that it shall be538 plainly designated as an emergency ordinance and shall contain, after the enacting clause,539 a declaration stating that an emergency exists, and describing the emergency in clear and540 specific terms.541 (d) All meetings of the city council shall be public to the extent required by law and notice542 to the public of special meetings shall be made fully as is reasonably possible as provided by543 O.C.G.A., Code Section 50-14-1, or other such applicable laws a s are or may hereafter be544 enacted.545 SECTION 2-1013.546 Quorum; voting.547 (a) Two council members and the mayor (three persons) shall constitute a quorum. In the548 event that the mayor is absent, a quorum shall consist of two councilmembers and the mayor549 pro-tem (three persons).550 H. B. 592 - 23 - 25 LC 47 3304/AP (b) The affirmative vote of at least two councilmembers and th e mayor is required to551 conduct official business, and in the absence of the mayor, the affirmative vote of two552 councilmembers and the mayor pro-tem is required to conduct business; provided, however,553 that in the event of a vacancy on the council, the affirmative vote of a majority of the554 remaining members of the council shall be sufficient to conduct business. Voting on the555 adoption of ordinances shall be by voice vote and the vote shal l be recorded in the minute556 book or journal, but any councilmember shall have the right to request a roll call vote and557 such vote shall be recorded in the minute book or journal. All votes required by state law to558 be conducted by roll call must be so conducted and recorded.559 (c) Under circumstances necessitated by emergency conditions involving public safety or560 the preservation of property or public services, the council ma y meet by means of561 teleconference so long as the notice required by Section 2-1012 is provided and means are562 afforded for the public to have simultaneous access to the teleconference meeting. On any563 other occasion of a council meeting, and so long as a quorum is present in person, the mayor564 or a councilmember may participate by teleconference if necessary due to reasons of health565 or absence from the city so long as notice is provided and public access is provided. Absent566 emergency conditions or the written opinion of a physician or other health professional that567 reasons of health prevent the mayor's or a councilmember's physical presence, the mayor or568 a councilmember shall not participate by teleconference pursuan t to this subsection more569 than twice in one calendar year.570 (d) An abstention by any member of council shall be noted on t he record but shall not be571 counted as an affirmative or negative vote.572 H. B. 592 - 24 - 25 LC 47 3304/AP SECTION 2-1014. 573 Rules of procedure.574 (a) The city council shall adopt its rules of procedure and order of business consistent with575 the provisions of this charter. The council shall keep a book of minutes, or journal, of its576 proceedings, which shall be a public record.577 (b) The mayor shall have the power and authority to appoint ad hoc or temporary578 committees made up of councilmembers, city employees, and other persons serving the city579 at the pleasure of the mayor and council, in any combination th ereof, for the purpose of580 assisting the mayor in the exercise of his or her duties as may or and, in the event that the581 mayor is appointed as acting city manager, for the purpose of a ssisting the mayor while582 acting in such capacity. The members of such committees shall serve at the pleasure of the583 mayor. The mayor shall have the power to appoint new members to any committee at any584 time.585 SECTION 2-1015.586 Ordinance form; procedures.587 (a) Every proposed ordinance should be introduced in writing and in the form required for588 final adoption. The enacting clause shall be "It is hereby ordained by the governing authority589 of the City of Cleveland" and every ordinance shall so begin.590 (b) An ordinance may be introduced by the mayor or any councilmember and be considered591 at a regular or special meeting of the city council. Ordinance s shall be considered and592 adopted or rejected by the city council in accordance with the rules which it shall establish.593 Upon the first introduction of any ordinance, the clerk shall as soon as possible distribute a594 copy to the mayor and to each councilmember and shall file a reasonable number of copies595 in the office of the clerk.596 H. B. 592 - 25 - 25 LC 47 3304/AP SECTION 2-1016.597 Action requiring an ordinance.598 The city council shall provide in its rules of procedure those actions that require adoption of599 an ordinance to have the force and effect of law and those actions that may be accomplished600 by resolution.601 SECTION 2-1017.602 Codes of technical regulations.603 (a) The city council may adopt any standard code of technical regulations by reference604 thereto in an adopting ordinance. The procedure and requirements governing such adopting605 ordinance shall be as prescribed for ordinances generally except that: 606 (1) The requirements of Section 2-2014(b) for distribution and filing of copies of the607 ordinance shall be construed to include copies of any code of technical regulations, as well608 as the adopting ordinance; provided, however, that the mayor an d councilmembers may609 waive their right to automatically receive copies of the technical regulations adopted by the610 city and instead elect to receive from the clerk such copies of said technical regulations as611 each may individually request from time to time; and612 (2) A copy of each adopted code of technical regulations, as w ell as the adopting613 ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2-1019.614 (b) Copies of any adopted code of technical regulations shall be made available by the clerk615 for inspection by the public.616 H. B. 592 - 26 - 25 LC 47 3304/AP SECTION 2-1018.617 Voting by mayor and council; signing of ordinances.618 (a) The mayor shall not vote on any question except in case of a tie among the members of619 the council casting votes. No ordinance or resolution adopted by the council shall become620 effective until the same shall have been approved by the mayor, unless the mayor shall fail621 within three days from its passage to file with the clerk of co uncil his or her reasons for622 refusing to approve said ordinance or resolution. Upon the mayor filing his or her reasons623 for not approving the same, a meeting of the council shall be called for such time as may be624 requested by a majority of the council at which the clerk shall read the order of the mayor625 refusing to approve such ordinance or resolution. A majority of the council may pass the626 ordinance or resolution without approval of the mayor. In the event that no special meeting627 is called, the clerk shall read the order refusing to approve any ordinance or resolution at the628 next regular meeting of the council, which may then pass the or dinance or resolution as629 provided above.630 (b) In all cases where an ordinance or resolution has been duly adopted by a majority vote631 of the council or the mayor and council, and in all cases in which the mayor and council, by632 majority vote, have resolved to act by ordinance or otherwise, it shall be the duty of the633 mayor and all councilmembers to sign the ordinance, document, o r instrument evidencing634 such act so resolved upon.635 ( c ) I t s h a l l b e t h e d u t y o f t h e c i t y c l e r k t o a t t e s t t o t h e s ignatures of the mayor and636 councilmembers and to affix the city seal thereto. If a councilmember abstains from voting,637 said councilmember shall not be required to sign the ordinance, document or instrument, and638 the clerk shall record such abstention.639 H. B. 592 - 27 - 25 LC 47 3304/AP SECTION 2-1019.640 Duties of clerk; signing; authenticating; recording; codification; printing.641 (a) The city clerk, also known as ''the clerk," shall authenticate by the clerk's signature and642 record in full in a properly indexed book kept for that purpose, all ordinances adopted by the643 council. The codification maintained by such codification service with which the city may644 have contracted for ordinance codification services shall be a permissible substitute for such645 properly indexed book.646 (b) The city council shall provide for the preparation of a ge neral codification of all the647 ordinances of the city having the force and effect of law. The general codification shall be648 adopted by the city council by ordinance and shall be published promptly, together with all649 amendments thereto and such codes of technical regulations and other rules and regulations650 as the city council may specify. This compilation shall be known and cited officially as "The651 Code of the City of Cleveland, Georgia." Copies of the code sh all be furnished to all652 officers, departments, and agencies of the city, and made available for purchase by the public653 at a reasonable price as fixed by the city council.654 (c) The city council shall cause each ordinance and each amend ment to this charter to be655 printed promptly following its adoption, and the printed ordinances and charter amendments656 shall be made available for purchase by the public at reasonable prices to be fixed by the city657 council. Following publication of the first code under this charter and at all times thereafter,658 the ordinances and charter amendments shall be printed in substantially the same style as the659 code currently in effect and shall be suitable in form for inco rporation therein. The city660 council shall make such further arrangements as deemed desirabl e with reproduction and661 distribution of any current changes in or additions to codes of technical regulations and other662 rules and regulations included in the code.663 (d) The city may make the codification available by posting it on the internet.664 H. B. 592 - 28 - 25 LC 47 3304/AP SECTION 2-1020.665 Conflicts of interest; holding other offices.666 (a) No elected official, appointed officer, or employee of the city or any agency or political667 entity to which this charter applies shall knowingly:668 (1) Engage in any business or transaction, or have a financial or other personal interest,669 direct or indirect, which is incompatible with the proper discharge of that person's official670 duties or which would tend to impair the independence of the official's judgment or action671 in the performance of those official duties;672 (2) Engage in or accept private employment, or render services for private interests when673 such employment or service is incompatible with the proper disc harge of that person's674 official duties or would tend to impair the independence of the official's judgment or action675 in the performance of those official duties;676 (3) Disclose confidential information, including information obtained at meetings which677 are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property,678 government, or affairs of the governmental body by which the official is engaged without679 proper legal authorization; or use such information to advance the financial or other private680 interest of the official or others;681 (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from682 any person, firm or corporation which to the official's knowledge is interested, directly or683 indirectly, in any manner whatsoever, in business dealings with the governmental body by684 which the official is engaged; provided, however, that an elected official who is a candidate685 for public office may accept campaign contributions and services in connection with any686 such campaign;687 (5) Represent other private interests in any action or proceed ing against this city or any688 portion of its government; or689 H. B. 592 - 29 - 25 LC 47 3304/AP (6) Vote or otherwise participate in the negotiation or in the making of any contract with690 any business or entity in which the official has a financial interest.691 (b) Any elected official, appointed officer, or employee who s hall have any financial692 interest, directly or indirectly, in any contract or matter pen ding before or within any693 department of the city shall disclose such interest to the city council. The mayor or any694 councilmember who has a financial interest in any matter pendin g before the city council695 shall disclose such interest and such disclosure shall be enter ed on the records of the city696 council, and that official shall disqualify himself or herself from participating in any decision697 or vote relating thereto. Any elected official, appointed officer, or employee of any agency698 or political entity to which this charter applies who shall have any financial interest, directly699 or indirectly, in any contract or matter pending before or with in such entity shall disclose700 such interest to the governing body of such agency or entity.701 (c) No elected official, appointed officer, or employee of the city or any agency or entity to702 which this charter applies shall use property owned by such governmental entity for personal703 benefit or profit but shall use such property only in their capacity as an officer or employee704 of the city.705 (d) Any material violation of this section which occurs with t he knowledge, express or706 implied, of an elected official, officer, or employee of the ci ty who is a party to a contract707 with the city shall render said contract voidable at the option of the city council.708 (e) Except where authorized by law, neither the mayor nor any councilmember shall hold709 any other elective or appointive office in the city or otherwis e be employed by said710 government or any agency thereof during the term for which that official was elected. No711 former mayor and no former councilmember shall hold any appointive office in the city until712 one year after the expiration of the term for which that official was elected.713 (f) No appointive officer or employee of the city shall continue in such employment upon714 qualifying as a candidate for nomination or election to any ful l-time public office. No715 employee of the city shall continue in such employment upon qualifying for or election to716 H. B. 592 - 30 - 25 LC 47 3304/AP any public office in this city or any other full-time public of fice which is inconsistent,717 incompatible, or in conflict with the duties of the city employee. Such determination shall718 be made by the mayor and council either immediately upon electi on or at any time such719 conflict may arise.720 ARTICLE III 721 ADMINISTRATIVE AFFAIRS722 SECTION 3-1001.723 Administrative and service departments.724 (a) Except as otherwise provided in this charter, the mayor and council, by ordinance, shall725 prescribe the functions and duties, and establish, abolish, alter, consolidate or leave vacant726 all nonelective offices, positions of employment, departments, and agencies of the city, as727 necessary for the proper administration of the affairs and government of this city.728 (b) However, the mayor and council shall have sole power and authority to appoint, suspend,729 supervise, remove, and to set the compensation of and the benef its of the city clerk, city730 attorney, judge of the municipal court, city solicitor, and pub lic defender of the municipal731 court, engineer, and all department heads, and all members of b oards, commissions, and732 authorities that the mayor and council have created, or shall create, or of which the city is a733 member.734 (c) Except as otherwise provided by this charter or by law, the directors of departments and735 other appointed officers of the city shall be appointed solely on the basis of their respective736 administrative and professional qualifications. The city manager shall not appoint, suspend,737 or remove any city government department head without the prior approval of the mayor and738 council. For the purpose of this section, a department head sh all exclude those positions739 specified in subsection (b) of this section.740 H. B. 592 - 31 - 25 LC 47 3304/AP (d) All appointive officers and directors of departments shall receive such compensation as741 set by the mayor and council.742 (e) There shall be a director of each department or agency who shall be its principal officer.743 Except as noted in subsection (c) of this section, each department director shall, subject to744 the direction and supervision of the city manager, be responsible for the administration and745 direction of the affairs and operations of that director's department or agency.746 (f) All persons under the supervision of the city manager, excluding those persons, legal or747 natural, which are identified in subsection (b) of this section, shall be nominated by the city748 manager with confirmation of appointment by the city council. If the manager or acting749 manager fails to make a nomination for a vacant position, the council shall be authorized to750 select such officers or directors. All appointive officers, excluding those persons (legal or751 natural) which are identified in subsection (b) of this section, shall be employees at will and752 subject to removal or suspension at any time by the city manage r unless otherwise753 determined by the mayor and city council. The city manager and those persons, legal or754 natural, who are identified in subsection (b) of this section shall serve at the pleasure of the755 mayor and council and be deemed employees at will, unless otherwise provided in written756 agreements between such persons and the mayor and council.757 (g) The mayor and council may from time to time adopt ordinances which authorize the city758 manager to appoint, suspend, supervise, remove, set the compensation of, or set the benefits759 of, or any combination of such actions, the following: the city attorney, judge of the760 municipal court, city clerk, fire chief, police chief, engineer, building inspector, ordinance761 enforcement officer, finance officer, city solicitor, municipal court public defender, and all762 department heads, and all members of boards, commissions, and authorities that the mayor763 and council may have created, shall create, or of which the cit y i s a m e m b e r , o r a n y764 condemnation thereof, for such limited periods of time which said mayor and council may765 determine; and the mayor and council may from time to time adopt ordinances withdrawing766 any and all such authorizations give to said city manager.767 H. B. 592 - 32 - 25 LC 47 3304/AP SECTION 3-1002.768 Boards, commissions, and authorities.769 (a) The mayor and city council shall create by ordinance such boards, commissions, and770 authorities to fulfill any investigative, quasi-judicial or qua si-legislative function the city771 council deems necessary, and shall by ordinance establish the c omposition, period of772 existence, duties and powers thereof.773 (b) All members of boards, commissions and authorities of the city shall be appointed by the774 mayor and city council for such terms of office and in such manner as shall be provided by775 ordinance, except where other appointing authority, terms of of fice, or manner of776 appointment is prescribed by this charter or by law.777 (c) The mayor and council, by ordinance, may provide for the c ompensation and778 reimbursement for actual and necessary expenses of the members of any board, commission779 or authority.780 (d) Except as otherwise provided by charter or by law, no member of any board, commission781 or authority shall hold any elective office in the city.782 (e) Any vacancy on a board, commission or authority of the cit y shall be filled for the783 unexpired term in the manner prescribed herein for original appointment, except as otherwise784 provided by this charter or by law.785 (f) No member of a board, commission or authority shall assume office until that person has786 executed and filed with the clerk of the city an oath obligating such member to faithfully and787 impartially perform the duties of that member's office, such oa th to be prescribed by788 ordinance and administered by the mayor.789 (g) All board members serve at will and may be removed at any time by a vote of the city790 council unless otherwise provided by law. The number of votes required to remove a board791 member shall be set by ordinance.792 H. B. 592 - 33 - 25 LC 47 3304/AP (h) Except as otherwise provided by this charter or by law, ea ch board, commission or793 authority of the city shall elect one of its members as chair a nd one member as vice-chair,794 and may elect as its secretary one of its own members or may ap point as secretary an795 employee of the city. Each board, commission or authority of t he city government may796 establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances797 of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or798 the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the799 clerk of the city.800 ARTICLE IV801 ELECTIONS AND REMOVAL802 SECTION 4-1001.803 Applicability of general law.804 All primaries and elections shall be held and conducted in acco rdance with Chapter 2 of805 Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended.806 SECTION 4-1002.807 Election of the city council and mayor.808 (a) There shall be a municipal general election biennially in odd-numbered years on the809 Tuesday next following the first Monday in November.810 (b) The mayor and two councilmembers shall be elected at one election and every four years811 thereafter. The remaining two city council seats shall be elected at the election alternating812 with the first election and every four years thereafter so that a continuing body is created.813 Terms shall be for four years.814 H. B. 592 - 34 - 25 LC 47 3304/AP (c) The city council shall set and publish a qualifying fee fo r the offices of mayor and815 councilmember according to state law, of three percent of the total gross salary including all816 supplements authorized by law.817 SECTION 4-1003.818 Nonpartisan elections.819 Political parties shall not conduct primaries for city offices and all names of candidates for820 city offices shall be listed without party designations.821 SECTION 4-1004.822 Vacancy; filling of vacancies.823 (a) The office of mayor and the office of any councilmember shall become vacant upon the824 incumbent's death, resignation, forfeiture of office, or removal from office.825 (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of826 the unexpired term, if any, by appointment by the city council or those members remaining827 if less than six months remains in the unexpired term. If such vacancy occurs six months or828 more prior to the expiration of the term of that office, it shall be filled for the remainder of829 the unexpired term by a special election, in accordance with O.C.G.A. Titles 21 and 45, or830 other such laws as are or may hereafter be enacted.831 (c) This provision shall also apply to a temporary vacancy created by the suspension from832 office of the mayor or any councilmember.833 H. B. 592 - 35 - 25 LC 47 3304/AP ARTICLE V 834 ADMINISTRATIVE OFFICERS835 SECTION 5-1001. 836 City clerk.837 (a) The mayor and city council shall appoint a city clerk, als o known as "the clerk," who838 shall not be a councilmember. The city clerk shall be custodian of the official city seal and839 city records; maintain city council records required by this charter; and perform such other840 duties as may be required by the city council.841 (b) In addition to such duties as may be prescribed by the mayor and council or otherwise842 described in this charter, it shall be the duty of the clerk to attend all meetings of the council,843 keep a careful and accurate record of its proceedings, carefully collect all revenues due the844 city except such as the ordinances require to be collected by s ome other officer, and to845 faithfully account for the same, furnish to the mayor and council and the city manager such846 information as may be requested by any of them, and open his or her books at any time to847 any citizen of the city requesting to see the same.848 SECTION 5-1002. 849 City attorney.850 (a) The city council shall appoint a city attorney and shall provide for the payment of such851 attorney for services rendered to the city. The city attorney shall be a member in good852 standing with the State Bar of Georgia. The city attorney shall be responsible for providing853 for the representation and defense of the city in all litigation in which the city is a party; shall854 review such ordinances as may be required by the council; may b e the prosecuting officer855 in the municipal court when requested by the mayor or directed by the council; shall attend856 H. B. 592 - 36 - 25 LC 47 3304/AP the meetings of the council as directed; shall advise the city council, mayor, and other857 officers and employees of the city concerning legal aspects of the city's affairs; and shall858 perform such other duties as may be required by virtue of the p erson's position as city859 attorney.860 (b) The city attorney is not a public official of the city and does not take an oath of office.861 The city attorney shall at all times be an independent contract or. The city attorney shall862 serve at the pleasure of the city council. A law firm, rather than an individual, may be863 designated as the city attorney.864 SECTION 5-1003.865 Removal of elected officers.866 Should the mayor or any member of the council be guilty of malp ractice in office, willful867 neglect of his or her office, or abuse of the power conferred on such officer, or guilty of any868 other conduct unbecoming such an officer of the City of Clevela nd, such officer shall be869 subject to impeachment by the mayor and council, and upon convi ction, shall be removed870 from office.871 SECTION 5-1004. 872 Bonds for officials.873 The officers and employees of this city, both elective and appo intive, shall execute such874 surety or fidelity bonds in such amounts and upon such terms an d conditions as the city875 council shall from time to time require by ordinance or as may be provided by law. The cost876 of the bond for any officer or employee of the city shall be paid by the city, from city funds.877 H. B. 592 - 37 - 25 LC 47 3304/AP ARTICLE VI 878 PERSONNEL ADMINISTRATION879 SECTION 6-1001. 880 Personnel policies.881 All employees serve at will and may be removed from office at a ny time unless otherwise882 provided by ordinance. The city council is authorized to adopt a pay and classification plan,883 which shall be maintained in the office of the clerk. For purposes of this section, elected and884 appointed officers are not considered employees.885 ARTICLE VII 886 MUNICIPAL COURT887 SECTION 7-1001.888 Creation; name.889 There shall be a court to be known as the Municipal Court of the City of Cleveland.890 SECTION 7-1002.891 Chief judge; other judges.892 (a) The municipal court shall be presided over by a chief judge and such part-time, full-time,893 or stand-by judges as shall be provided by ordinance.894 (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless895 that person shall have attained the age of 21 years and shall p ossess all qualifications896 H. B. 592 - 38 - 25 LC 47 3304/AP required by law. All judges shall be appointed by the city cou ncil and shall serve until a897 successor is appointed and qualified.898 (c) Compensation of the judges shall be fixed by ordinance.899 (d) Judges shall serve a term and may be removed as provided by general law.900 (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge901 will honestly and faithfully discharge the duties of the office to the best of that person's902 ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of903 the city council.904 SECTION 7-1003.905 Convening.906 The municipal court shall be convened at regular intervals as provided by ordinance.907 SECTION 7-1004.908 Jurisdiction; powers.909 (a) The municipal court shall have jurisdiction and authority to try and punish violations of910 this charter, all city ordinances, and such other violations as provided by law.911 (b) The municipal court shall have authority to punish those i n its presence for contempt,912 provided that such punishment shall not exceed ten days in jail and a fine as authorized by913 law.914 (c) The municipal court may fix punishment for offenses within its jurisdiction not915 exceeding a fine of $1,000.00 or imprisonment for 180 days or b oth such fine and916 imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now,917 or hereafter provided by law.918 H. B. 592 - 39 - 25 LC 47 3304/AP (d) The municipal court shall have authority to establish a schedule of fees to defray the cost919 of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and920 caretaking of prisoners bound over to superior courts for violations of state law.921 (e) The municipal court shall have authority to establish bail and recognizances to ensure922 the presence of those charged with violations before said court, and shall have discretionary923 authority to accept cash or personal or real property as surety for the appearance of persons924 charged with violations. Whenever any person shall give bail for that person's appearance925 and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge926 presiding at such time, and an execution issued thereon by serv ing the defendant and the927 defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the928 event that cash or property is accepted in lieu of bond for sec urity for the appearance of a929 defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,930 the cash so deposited shall be on order of the judge declared f orfeited to the city, or the931 property so deposited shall have a lien against it for the value forfeited which lien shall be932 enforceable in the same manner and to the same extent as a lien for city property taxes.933 (f) The municipal court shall have the same authority as super ior courts to compel the934 production of evidence in the possession of any party; to enfor ce obedience to its orders,935 judgments and sentences; and to administer such oaths as are necessary.936 (g) The municipal court may compel the presence of all parties necessary to a proper937 disposal of each case by the issuance of summonses, subpoenas, and warrants which may be938 served as executed by any officer as authorized by this charter or by law.939 (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of940 persons charged with offenses against any ordinance of the city , and each judge of the941 municipal court shall have the same authority as a magistrate of the state to issue warrants942 for offenses against state laws committed within the city.943 H. B. 592 - 40 - 25 LC 47 3304/AP SECTION 7-1005.944 Rules for court.945 With the approval of the city council, the judge shall have full power and authority to make946 reasonable rules and regulations necessary and proper to secure the efficient and successful947 administration of the municipal court; provided, however, that the city council may adopt in948 part or in toto the rules and regulations applicable to municip al courts. The rules and949 regulations made or adopted shall be filed with the city clerk and shall be available for public950 inspection.951 SECTION 7-1006.952 Petitions for review.953 The right to seek petitions for review from the decision and judgment of the municipal court954 shall exist in all criminal cases and ordinance violation cases , and such petitions shall be955 made to the Superior Court of White County under the laws of th e State of Georgia956 regulating appeals to the superior courts.957 ARTICLE VIII958 FINANCE959 Part 1960 Taxation and Fees961 SECTION 8-1001.962 Property tax.963 H. B. 592 - 41 - 25 LC 47 3304/AP (a) All persons and corporations owning property in the City of Cleveland shall be required964 to make a return under oath, annually, to the board of tax assessors of said city, of all their965 property, real and personal, subject to taxation by said city, as of the first day of January of966 each year; and the books for recording the same shall be opened on the first day of January967 and closed on the first day of April of each year. Said proper ty shall be returned by the968 property owner or his or her authorized agent, on blanks furnished for the purpose, at the fair969 market value thereof.970 (b) The city council may assess, levy, and collect an ad valorem tax on all real and personal971 property within the corporate limits of the city that is subject to such taxation by the state and972 county. This tax is for the purpose of raising revenues to defray the costs of operating the973 city government, of providing governmental services, for the re payment of principal and974 interest on general obligations, and for any other public purpo se as determined by the city975 council in its discretion.976 SECTION 8-1002.977 Millage rate; due dates; payment methods.978 The city council, by ordinance, shall establish a millage rate for the city property tax, a due979 date, and the time period within which these taxes must be paid.980 SECTION 8-1003.981 Collection of delinquent taxes and fees.982 The city council, by ordinance, may provide generally for the collection of delinquent taxes,983 fees, or other revenue due the city by whatever reasonable mean s as are not precluded by984 law. This shall include providing for the dates when the taxes or fees are due; late penalties985 or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent986 H. B. 592 - 42 - 25 LC 47 3304/AP taxes and fees personal debts of the persons required to pay th e taxes or fees imposed;987 revoking city permits for failure to pay any city taxes or fees ; and providing for the988 assignment or transfer of tax executions.989 SECTION 8-1004.990 Authority to contract with tax commissioner and county board of assessors.991 The city council may contract with the Tax Commissioner of White County for preparation992 of the municipal tax digest, assessment and collection of municipal taxes, and for collection993 of delinquent municipal taxes as authorized in general law. The city may contract with the994 White County Board of Assessors in lieu of maintaining its own board of assessors.995 SECTION 8-1005.996 Occupation and business taxes.997 The city council by ordinance shall have the power to levy such occupation or business taxes998 as are not denied by law. The city council may classify busine sses, occupations or999 professions for the purpose of such taxation in any way which m ay be lawful and may1000 compel the payment of such taxes as provided in Section 8-1003.1001 SECTION 8-1006.1002 Regulatory fees; permits.1003 The city council by ordinance shall have the power to require b usinesses or practitioners1004 doing business within this city t o obtain a permit for such activity from the city and pay a1005 reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect1006 H. B. 592 - 43 - 25 LC 47 3304/AP the total cost to the city of regulating the activity, and if u npaid, shall be collected as1007 provided in Section 8-1003.1008 SECTION 8-1007.1009 Franchises.1010 (a) The city council shall have the power to grant franchises for the use of this city's streets1011 and alleys for the purposes of railroads, street railways, tele phone companies, electric1012 companies, electric membership corporations, cable television and other telecommunications1013 companies, gas companies, transportation companies and other similar organizations. The1014 city council shall determine the duration, terms, whether the s ame shall be exclusive or1015 nonexclusive, and the consideration for such franchises; provid ed, however, no franchise1016 shall be granted for a period in excess of 35 years and no franchise shall be granted unless1017 the city receives just and adequate compensation therefor. The city council shall provide for1018 the registration of all franchises with the city clerk. The ci ty council may provide by1019 ordinance for the registration within a reasonable time of all franchises previously granted.1020 (b) If no franchise agreement is in effect, the city council has the authority to impose a tax1021 on gross receipts for the use of this city's streets and alleys for the purposes of railroads,1022 street railways, telephone companies, electric companies, electric membership corporations,1023 cable television and other telecommunications companies, gas co mpanies, transportation1024 companies and other similar organizations.1025 SECTION 8-1008.1026 Service charges.1027 The city council by ordinance shall have the power to assess an d collect fees, charges,1028 assessments, and tolls for sewers, sanitary and health services, or any other services provided1029 H. B. 592 - 44 - 25 LC 47 3304/AP or made available within and without the corporate limits of the city. If unpaid, such charges1030 shall be collected as provided in Section 8-1003. The authority to collect fees provided in1031 this section is in addition to and not in limitation of any authority granted by this charter for1032 collection of fees.1033 SECTION 8-1009.1034 Special assessments.1035 The city council by ordinance shall have the power to assess an d collect the cost of1036 constructing, reconstructing, widening, or improving any public way, street, sidewalk,1037 curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property1038 owners. If unpaid, such charges shall be collected as provided in Section 8-1003. The1039 authority to collect assessments provided in this section is in addition to and not in limitation1040 of any other authority granted by this charter for collection of such charges.1041 SECTION 8-1010.1042 Construction; other taxes and fees.1043 This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,1044 and the specific mention of any right, power or authority in this article shall not be construed1045 as limiting in any way the general powers of this city to govern its local affairs.1046 H. B. 592 - 45 - 25 LC 47 3304/AP Part 21047 Borrowing1048 SECTION 8-1015.1049 General obligation bonds.1050 The city council shall have the power to issue bonds for the pu rpose of raising revenue to1051 carry out any project, program, or venture authorized under thi s charter or the laws of the1052 state. Such bonding authority shall be exercised in accordance with the laws governing bond1053 issuance by municipalities in effect at the time said issue is undertaken.1054 SECTION 8-1016.1055 Revenue bonds.1056 (a) Revenue bonds may be issued by the city council as state law now or hereafter provides.1057 Such bonds are to be paid out of any revenue produced by the project, program, or venture1058 for which they were issued.1059 (b) The Cleveland Building Authority was legislatively created in 2021for the purpose of1060 providing building and facilities for use by the city and to finance such building and facilities1061 by issuance of revenue bonds to be repaid from rentals received by the authority from the1062 city. The city may continue to obtain revenue bonds through th e Cleveland Building1063 Authority, and pay those bonds as rent from any revenue.1064 (c) The mayor and council shall have full power and authority to acquire, construct,1065 reconstruct, improve and extend revenue-producing projects and systems and to maintain and1066 operate the same, to prescribe, revise, fix and collect rates, fees, tolls and charge for services,1067 facilities and commodities furnished thereby and, in anticipati on of the collection of1068 revenues, to finance the cost of construction and operation of the same and to exercise all the1069 H. B. 592 - 46 - 25 LC 47 3304/AP powers and authorities authorized by Article 3, Chapter 82, Tit le 36 of the O.C.G.A., the1070 "Revenue Bond Law."1071 SECTION 8-1017.1072 Short-term loans.1073 The city may obtain short-term loans and must repay such loans not later than December 311074 of each year, unless otherwise provided by law.1075 SECTION 8-1018.1076 Lease-purchase contracts.1077 The city may enter into multiyear lease, purchase, or lease-pur chase contracts for the1078 acquisition of goods, materials, real and personal property, services, and supplies provided1079 the contract terminates without further obligation on the part of the municipality at the close1080 of the calendar year in which it was executed and at the close of each succeeding calendar1081 year for which it may be renewed. Contracts must be executed i n accordance with the1082 requirements of O.C.G.A., Code Section 36-60-13, or other such applicable laws as are or1083 may hereafter be enacted.1084 H. B. 592 - 47 - 25 LC 47 3304/AP Part 31085 Accounting and Budgeting1086 SECTION 8-1025.1087 Fiscal year.1088 The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the1089 budget year and the year for financial accounting and reporting of each and every office,1090 department, agency and activity of the city government unless otherwise provided by state1091 or federal law.1092 SECTION 8-1026.1093 Preparation of budgets.1094 The city council shall provide procedures and requirements for the preparation and execution1095 of an annual operating budget, a capital improvement plan and a capital budget, including1096 requirements as to the scope, content and form of such budgets and plans.1097 SECTION 8-1027.1098 Submission of operating budget to city council.1099 On or before a date fixed by the city council but not later than 30 days prior to the beginning1100 of each fiscal year, the city manager shall submit to the city council a proposed operating1101 budget for the ensuing fiscal year. The budget shall be accompanied by a message from the1102 city manager containing a statement of the general fiscal policies of the city, the important1103 features of the budget, explanations of major changes recommended for the next fiscal year,1104 a general summary of the budget, and such other pertinent comments and information. The1105 H. B. 592 - 48 - 25 LC 47 3304/AP operating budget and the capital budget hereinafter provided fo r, the budget message, and1106 all supporting documents shall be filed in the office of the ci ty clerk and shall be open to1107 public inspection.1108 SECTION 8-1028.1109 Action by city council on budget.1110 (a) The city council may amend the operating budget proposed by the city manager; except,1111 that the budget as finally amended and adopted must provide for all expenditures required1112 by state law or by other provisions of this charter and for all debt service requirements for1113 the ensuing fiscal year, and the total appropriations from any fund shall not exceed the1114 estimated fund balance, reserves, and revenues.1115 (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal1116 year not later than the 30th day of June of each year. If the city council fails to adopt the1117 budget by this date, the amounts appropriated for operation for the current fiscal year shall1118 be deemed adopted for the ensuing fiscal year on a month-to-mon th basis, with all items1119 prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal1120 year. Adoption of the budget shall take the form of an appropriations ordinance setting out1121 the estimated revenues in detail by sources and making appropriations according to fund and1122 by organizational unit, purpose, or activity as set out in the budget preparation ordinance1123 adopted pursuant to Section 8-1027.1124 (c) The amount set out in the adopted operating budget for eac h organizational unit shall1125 constitute the annual appropriation for such, and no expenditur e shall be made or1126 encumbrance created in excess of the otherwise unencumbered balance of the appropriations1127 or allotment thereof, to which it is chargeable.1128 (d) Nothing contained in this section shall preclude the city from amending its budget so as1129 to adapt to changing governmental needs during the budget period.1130 H. B. 592 - 49 - 25 LC 47 3304/AP SECTION 8-1029.1131 Tax levies.1132 The city council shall levy by ordinance such taxes as the city council considers appropriate1133 and necessary to conduct the business and governance of the city. The taxes and tax rates1134 set by such ordinances shall be such that reasonable estimates of revenues from such levy1135 shall at least be sufficient, together with other anticipated r evenues, fund balances and1136 applicable reserves, to equal the total amount appropriated for each of the several funds set1137 forth in the annual operating budget for defraying the expenses of the general government1138 of this city.1139 SECTION 8-1030.1140 Changes in appropriations.1141 The city council by ordinance may make changes in the appropria tions contained in the1142 current operating budget, at any regular, special or emergency meeting called for such1143 purpose.1144 SECTION 8-1031.1145 Capital budget.1146 (a) On or before the date fixed by the city council but no lat er than 30 days prior to the1147 beginning of each fiscal year, the city manager shall submit to the city council a proposed1148 capital improvements plan with a recommended capital budget con taining the means of1149 financing the improvements proposed for the ensuing fiscal year. The city council shall have1150 power to accept, with or without amendments, or reject the prop osed plan and proposed1151 budget. The city council shall not authorize an expenditure fo r the construction of any1152 H. B. 592 - 50 - 25 LC 47 3304/AP building, structure, work or improvement, unless the appropriat ions for such project are1153 included in the capital budget, except to meet a public emergen cy as provided in1154 Section 2-1016.1155 (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal1156 year not later than the 30th day of June of each year. No appropriation provided for in a prior1157 capital budget shall lapse until the purpose for which the appropriation was made shall have1158 been accomplished or abandoned; provided, however, the city man ager may submit1159 amendments to the capital budget at any time during the fiscal year, accompanied by1160 recommendations. Any such amendments to the capital budget shall become effective only1161 upon adoption by ordinance.1162 SECTION 8-1032.1163 Independent audit.1164 There shall be an annual independent audit of all city accounts , funds and financial1165 transactions by a certified public accountant selected by the city council. The audit shall be1166 conducted according to generally accepted auditing principles. Any audit of any funds by1167 the state or federal governments may be accepted as satisfying the requirements of this1168 charter. Copies of annual audit reports shall be available to the public, upon payment of such1169 costs as required by O.C.G.A. Code Section 50-18-70, et seq.1170 H. B. 592 - 51 - 25 LC 47 3304/AP Part 41171 Procurement and Property Management.1172 SECTION 8-1035.1173 Contracting procedures.1174 No contract with the city shall be binding on the city unless:1175 (1) It is in writing;1176 (2) It is drawn by or submitted to and reviewed by the city at torney, and as a matter of1177 course, is signed by the city attorney to indicate such drafting or review; and1178 (3) It is made or authorized by the city council and such appr oval is entered in the city1179 council minute book or journal of proceedings pursuant to Section 2-1012.1180 SECTION 8-1036.1181 Centralized purchasing.1182 The city council may by ordinance establish procedures for a sy stem of centralized1183 purchasing for the city.1184 SECTION 8-1037.1185 Sale and lease of city property.1186 (a) The city council may sell, convey, lease, or grant easements and other rights in, or any1187 combination thereof, any real, personal, or mixed property, or any combination thereof1188 owned or held by the city for governmental or other purposes as now or hereafter provided1189 by law.1190 H. B. 592 - 52 - 25 LC 47 3304/AP (b) The city council may quitclaim any rights it may have in property not needed for public1191 purposes upon report by the city manager and adoption of a resolution, both finding that the1192 property is not needed for public or other purposes and that th e interest of the city has no1193 readily ascertainable monetary value.1194 (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place1195 of the city, a small parcel or tract of land is cutoff or separated by such work from a larger1196 tract or boundary of land owned by the city, the city council may authorize the city manager1197 to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining1198 property owner or owners where such sale and conveyance facilitates the enjoyment of city1199 manager the highest and best use of the abutting owner's proper ty. Such sales shall be in1200 accordance with the terms of contracts between such land owners and the city in accordance1201 with the terms authorized by the city council. Each abutting property owner shall be notified1202 of the availability of the property and given the opportunity to purchase said property under1203 such terms and conditions as set out by ordinance. All deeds a nd conveyances made in1204 accordance with such contracts and so executed and delivered shall convey the interest set1205 forth therein, notwithstanding the fact that no public sale after advertisement was made.1206 SECTION 8-1038.1207 Sale and lease of city property.1208 (a) The city council may sell and convey, or lease, any real or personal property owned or1209 held by the city for governmental or other purposes as now or hereafter provided by law.1210 (b) The city council may quitclaim any rights it may have in property not needed for public1211 purposes upon report by the city manager and adoption of a resolution, both finding that the1212 property is not needed for public or other purposes and that th e interest of the city has no1213 readily ascertainable monetary value.1214 H. B. 592 - 53 - 25 LC 47 3304/AP (c) Whenever in opening, extending or widening any street, avenue, alley or public place of1215 the city, a small parcel or tract of land is cutoff or separated by such work from a larger tract1216 or boundary of land owned by the city, the city council may authorize the city administer to1217 sell and convey said cut-off or separated parcel or tract of la nd to an abutting or adjoining1218 property owner or owners where such sale and conveyance facilitates the enjoyment of the1219 highest and best use of the abutting owner's property. Included in the sales contract shall be1220 a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting1221 property owner shall be notified of the availability of the property and given the opportunity1222 to purchase said property under such terms and conditions as set out by ordinance. All deeds1223 and conveyances heretofore and hereafter so executed and delivered shall convey all title and1224 interest the city has in such property, notwithstanding the fac t that no public sale after1225 advertisement was or is hereafter made.1226 ARTICLE IX1227 General Provisions1228 SECTION 9-1001.1229 Prior ordinances.1230 All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent1231 with this charter are hereby declared valid and of full effect and force until amended or1232 repealed by the city council.1233 H. B. 592 - 54 - 25 LC 47 3304/AP SECTION 9-1002.1234 Existing personnel and officers.1235 Except as specifically provided otherwise by this charter, all personnel and officers of the1236 city and their rights, privileges and powers shall continue beyond the time this charter takes1237 effect for a period of 90 days before or during which the exist ing city council shall pass a1238 transition ordinance detailing the changes in personnel and appointive officers required or1239 desired and arranging such titles, rights, privileges and powers as may be required or desired1240 to allow a reasonable transition.1241 SECTION 9-1003.1242 Pending matters.1243 Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,1244 contracts, and legal or administrative proceedings shall continue and any such ongoing work1245 or cases shall be completed by such city agencies, personnel, or offices as may be provided1246 by the city council.1247 SECTION 9-1004.1248 Construction.1249 (a) Section captions in this charter are informative only and are not to be considered as a part1250 thereof.1251 (b) The word "shall" is mandatory and the word "may" is permissive.1252 (c) The singular shall include the plural, the masculine shall include the feminine, and vice1253 versa.1254 H. B. 592 - 55 - 25 LC 47 3304/AP SECTION 9-1005.1255 Severability.1256 If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be1257 held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect1258 or impair other parts of this charter unless it clearly appears that such other parts are wholly1259 and necessarily dependent upon the part held to be invalid or unconstitutional, it being the1260 legislative intent in enacting this charter that each article, section, subsection, paragraph,1261 sentence, or part thereof be enacted separately and independent of each other.1262 SECTION 9-1006.1263 Repealer.1264 An Act providing for a new charter for the City of Cleveland, a pproved May 6, 2013 (Ga.1265 L. 2013, p. 4068), is hereby repealed in its entirety; and all amendatory Acts thereto are1266 likewise repealed in their entirety.1267 SECTION 9-1007.1268 General repealer.1269 All other laws and parts of laws in conflict with this charter are hereby repealed.1270 H. B. 592 - 56 -