HB 1556: Nicholls, City of; provide new charter

House Bill 1556 (AS PASSED HOUSE AND SENATE)

By: Representative O’Steen of the 169th

A BILL TO BE ENTITLED

AN ACT

To provide a new charter for the City of Nicholls; to provide for incorporation, boundaries, and powers of the city; to provide for the examples of powers; to provide for the governing structure of such city and the powers, duties, authority, prohibitions, elections, terms, removal from office, method of filling vacancies, compensation, expenses, and qualifications of the city council; to provide for holding other offices and financial interests; to provide for inquiries and investigations; to provide for organization and meeting procedures; to provide for ordinances; to provide for eminent domain; to provide for the office and certain powers and duties of the city manager; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for a mayor pro tem; to provide for administrative responsibilities; to provide for a city attorney, city clerk, and other personnel; to provide for the establishment of a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation, permits, and fees; to provide for service charges and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for contracting and purchasing; to provide for sale of city property; to provide for bonds for officers; to provide for pending matters; to provide for definitions and construction; to provide for severability; to provide for related matters; to repeal specific Acts; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I

INCORPORATION AND POWERS

SECTION 1.10.

Reincorporation.

The City of Nicholls, and the inhabitants thereof, are reincorporated by the enactment of this charter and are hereby constituted and declared a body politic and corporate under the name and style of the City of Nicholls, Georgia, and by that name shall have perpetual succession.

SECTION 1.11.

Corporate boundaries.

(a) The corporate boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the City of Nicholls, Georgia." Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.

(b) All future alterations of said map or description, as directed by the council to reflect lawful changes in the corporate boundaries, shall be signed by the mayor and city clerk. A redrawn map or description shall supercede, for all purposes, the entire map or maps and description or descriptions which it is designated to replace.

SECTION 1.12.

General powers and construction.

(a) This city shall have all powers possible for a municipality to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law.

(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city.

SECTION 1.13.

Examples of powers.

The corporate powers of the city shall include, but not be limited to, the following:

(1) Animal regulations - to regulate and license or to prohibit the keeping or running at large of animals and fowl;

(2) Appropriations and expenditures - to make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city;

(3) Building regulation - to regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades;

(4) Business regulation - to regulate and to license the erection and construction of buildings and structures, to adopt, building, housing, plumbing, fire safety, electrical, gas, and heating and air codes; and to regulate housing and building trades;

(5) Business fees and taxation - to levy and provide for the regulatory fees and taxes on privileges, occupation, trade and professions authorized by Title 48 of the O.C.G.A., to permit and regulate the same and to revoke such permits after the process for failure to comply with city taxes or fees;

(6) Condemnation - to condemn property inside or outside of the limits of the city for present or future use or for any purposes deemed necessary by the governing authority utilizing procedures enumerated in Title 22 of the O.C.G.A.;

(7) Contracts - to enter into agreements and contracts with other governmental entities and private persons or firms and corporations;

(8) Emergencies - to establish procedures for determining or proclaiming that an emergency situation exists within the city and carrying out all reasonable provisions deemed necessary to deal with such an emergency for the protection, safety, health and well-being of the citizens of the city;

(9) Fire regulations - to fix and establish fire limits and from time to time to extend, enlarge, or restrict the same and to describe fire safety regulations not inconsistent with Georgia law, relating to both fire prevention and firefighting;

(10) Garbage fees - to levy, fix, assess and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as is necessary in the operation of the city for all individuals or corporations residing in or doing business within the city;

(11) General health, safety and welfare - to define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city; and to provide for the enforcement of such standards;

(12) Gifts - to accept or refuse gifts, donations, bequests, or grants from any source for any purposes related to the powers and duties of the city and the general welfare of its citizens on such terms and conditions as a donor or grantor may impose;

(13) Health and sanitation - to prescribe standards of health and sanitation and to provide for the enforcement of such standards;

(14) Motor vehicles - to regulate operation of motor vehicles and exercise control over all traffic including parking upon and across streets, roads, alleys, and walkways of the city;

(15) Municipal agencies and delegation of power - to create, alter or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority to carry out all powers conferred upon or delegated to the same;

(16) Municipal debts - to appropriate and borrow money for the payment of the debts of the city, and to issue bonds for the purpose of raising revenue to carry out a new project, program, or adventure authorized by this charter or the laws of the State of Georgia; and to obtain and to apply for grants for the purpose of this paragraph;

(17) Municipal property ownership - to acquire, dispose of, lease, or hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest inside or outside the limits of the city;

(18) Municipal utilities - to acquire, lease, construct, operate, maintain, sell and dispose all public utilities including, but not limited to, waterworks, sewers, drains, sewage disposal and stormwater management; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties; and to provide for the trial service for usual failure to pay the same;

(19) Nuisance - to define a nuisance and to provide for its abatement whether it is on public or private property;

(20) Penalties - to provide penalties for violation of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;

(21) Planning and zoning - to provide comprehensive city planning for any development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community;

(22) Police and fire protection - to exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a firefighting agency;

(23) Public hazards - to provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;

(24) Regulation of roadside areas - to prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all of the structures or obstructions upon or adjacent to the rights of way of the streets and roads within the city and to prescribe penalties and punishment for violation of such ordinances;

(25) Retirement - to provide and maintain a retirement plan or other employee benefit plans and programs for officers and employees of the city;

(26) Roadways - to lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, or gutter, or otherwise improve, maintain, repair, or clean all roadways, light, roads, alleys and walkways within the corporate limits of the city;

(27) Solid waste disposal - to provide for the collection and disposal of garbage, rubbish, and refuse; and to regulate the collection and disposal of garbage, rubbish, refuse by others; and

(28) Other powers - to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry out the execution of all powers granted in this charter as fully and completely as if such powers were fully stated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia, and no listing of particular powers in this charter shall be held to be exclusive of others, nor are restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or laws of the State of Georgia.

SECTION 1.14.

Exercise of powers.

All powers, functions, rights, and privileges of this city and its officers, agencies, or employees shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia.

ARTICLE II

GOVERNMENT STRUCTURE

SECTION 2.10.

City council creation; number; and election.

The legislative authority of the government of the city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of five councilmembers. The city council established shall in all respects be a successor to and continuation of the governing authority under prior law. Councilmembers shall be elected in the manner provided by general law and in this charter. Members of the city council shall be elected by the voters of the city at large and the regular election of all five councilmembers shall occur in the same year.

SECTION 2.11.

City council terms and qualifications for office.

The members of the city council shall serve terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as a councilmember unless that person shall be a resident of the city for 12 months prior to the date of the election of members of the city council and is registered and qualified to vote in municipal elections of the city. Each councilmember shall continue to reside within the city during that member's period of service and to be registered and qualified to vote in municipal elections of the city.

SECTION 2.12.

Vacancy; filling of vacancies.

(a) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may be hereafter enacted.

(b) A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by appointment of the majority vote of the remaining city councilmembers if there remain less than 12 months on the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of that term of office, it shall be filled for the remainder of the unexpired term by a special election.

SECTION 2.13.

Compensation; expenses.

Councilmembers shall receive compensation and reimbursement for expenses for their services as provided by city ordinance, as may be amended.

SECTION 2.14.

Holding of other office or voting when financially interested.

(a) Elected and official city officers are trustees and servants of the residents of the city, and shall act in a fiduciary capacity for the benefit of such residents.

(b) Except as authorized by law, a councilmember shall not hold any other city office or city employment during the time for which that person was elected.

(c) No member of the city council shall vote upon or sign any ordinance, resolution, contract, other matter in which that person is financially interested.

SECTION 2.15.

Inquiries and investigations.

Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punishable as provided by ordinance.

SECTION 2.16.

General power and authority of the city council.

(a) Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of the government of this city.

(b) In addition to all powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Nicholls and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.17.

Eminent domain.

The city council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, public buildings, libraries, sewers, drains, sewage treatment, waterworks, and any other public improvements inside the city, and to regulate the use thereof for such purposes. Property may be condemned under procedures established under the general laws of the State of Georgia applicable now or as provided in the future.

SECTION 2.18.

Meetings.

(a) The city council shall hold regularly scheduled meetings on the first Monday of each month, unless that date conflicts with a holiday, then the meeting shall be held on the following day.

(b) Special meetings of the city council may be held if called by the mayor or two members of the city council. Notice of such special meetings shall be served on all members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to the councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted with such councilmembers present. Only the business stated in the call may be transacted at the special meeting.

(c) All meetings of the city council shall be public to the extent required by law and notice to the public of where a special meeting shall be made fully as is reasonably possible and provided by O.C.G.A. § 50-14-1 or such other applicable laws as are or may be hereafter enacted.

SECTION 2.19.

Rules of procedure.

(a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter, and shall provide for the keeping of a journal of its proceedings, which shall be a public record.

(b) The mayor shall appoint all officers and committees of the city council and designate committee chairs and such appointees shall serve at the pleasure of the mayor. The mayor which shall have the power to appoint new members to any committee at any time.

SECTION 2.20.

Quorum; voting.

(a) Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote, and the vote shall be recorded in the journal; provided however, that any member of the city council shall have the right to request a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of the majority of the councilmembers present at the meeting shall be required for the adoption of any ordinance, resolution, or motion.

(b) No member of the city council shall abstain from voting on any matter properly brought before the city council for official action, except when such councilmember has a conflict of interest which is disclosed in writing, prior to or at the meeting, and made a part of the minutes. Any member of the city council present and eligible to vote on the matter and refusing to do so for any reason other than a properly disclosed and recorded conflict of interest shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved.

SECTION 2.21.

Ordinance forms; procedures.

(a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title.

(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that an ordinance shall not be adopted the same date it is introduced, except for emergency ordinances provided in Section 2.23 of this charter. Upon introduction of any ordinance, the city clerk shall, as soon as possible, distribute a copy to the mayor and each councilmember and shall file a reasonable number of copies in the office of the city clerk and at such other public places as the city council may designate.

SECTION 2.22.

Action requiring an ordinance.

Acts of the city council which have the force and effect of law shall be enacted by ordinance.

SECTION 2.23.

Emergencies.

(a) To address a public emergency affecting life, health, property or public peace, the city council may convene on the call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize a borrowing of money. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and shall describe the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting in which it is introduced, but the affirmative vote of at least a majority of the councilmembers present shall be required for adoption. Such emergency ordinance shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of an ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for the adoption of emergency ordinances.

(b) Such emergency meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as reasonably possible in accordance with O.C.G.A. § 50-14-1 or such other applicable laws as are or may be hereafter enacted.

SECTION 2.24.

City manager; appointment, qualifications, compensation.

The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications. A master's degree with a concentration in public administration, public affairs, or public policy and two years of experience in an appointed managerial or administrative position in local government or a bachelor's degree with five years of experience are the desired, but not required, qualifications for the person appointed the city manager. The city manager may also be referred to as "the manager."

SECTION 2.25.

Removal of the city manager.

The city manager shall be an at-will employee and may be removed from office at any time by majority vote of the city council. The city council shall review the performance of the city manager on an annual basis.

SECTION 2.26.

Council interference with the administration.

Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or councilmembers shall deal with the city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor any of its members shall give orders to any such officer or employee, either publicly or privately.

SECTION 2.27.

Election of mayor; forfeiture; compensation.

The mayor shall be elected and serve a term of four years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to election. The mayor shall continue to reside in the city during his or her period of service. The mayor shall forfeit his or her office on the same grounds and on the same procedures as for councilmembers. The compensation for the mayor shall be established in the same manner as for councilmembers.

SECTION 2.28.

Mayor pro tem.

By majority vote, the city council shall elect a councilmember to serve as mayor pro tem. The mayor pro tem shall assume the duties and powers of the mayor during the mayor's physical and mental disability, suspension from office, or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tem shall be authorized to carry out the powers and duties designated for the mayor. When acting as mayor, the mayor pro tem shall continue to have one vote as a member of the city council.

SECTION 2.29.

Powers and duties of the mayor.

The mayor shall:

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

(2) Be the head of the city for purpose for service of process and for ceremonial purposes and to be the official spokesperson for the city and chief advocate of policy;

(3) Have the power to administer oaths;

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

(5) Vote on matters before the city council in the event that there is a tie vote among the voting councilmembers on any issue;

(6) In conjunction with the city manager, prepare and submit to the city council a recommended annual operating budget and recommended capital budget; and

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

ARTICLE III

ADMINISTRATIVE AFFAIRS

SECTION 3.10.

Administrative and service departments.

(a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions and duties, and establish, abolish, alter, consolidate or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city.

(b) On the effective date of this charter, there shall be the following departments of the city government:

(1) Administration;

(2) Fire;

(3) Police;

(4) Roads; and

(5) Water and sewer.

(c) Except as otherwise provided by this charter or by law, the directors of departments of the city shall be appointed by the city council solely on the basis of their respective administrative and professional qualifications.

(d) All appointive officers and directors of departments shall receive such compensation as set by ordinance or resolution.

(e) The director of each department or agency shall be its principal officer. Each director shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's department or agency.

(f) All appointed officers and directors shall be employees at-will and subject to suspension at any time by the city manager and removal by the city council upon recommendation to the city manager unless otherwise provided by law or ordinance.

(g) Each department director shall be subject to an annual review conducted by city council.

SECTION 3.11.

City attorney.

The city council shall appoint a city attorney and shall provide for the payment of such attorney for services rendered to the city. The city attorney shall be responsible for providing for the representation and defense of the city and all litigation in which the city is a party; shall attend the meetings of the city council as directed; shall advise the city council, mayor, and other officials and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of such person's position as city attorney. The city attorney shall not be a public official of the city and is not required to take an oath of office. The city attorney shall at all times be an independent contractor.

SECTION 3.12.

City clerk.

The city council shall appoint a city clerk who shall not be a councilmember. The city clerk position shall be reviewed on an annual basis by the city council. The city clerk shall be the custodian of the city seal in city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council. The city clerk shall be responsible for the administrative department of the city supervising all personnel working in offices located in city hall.

SECTION 3.13.

Position classification and pay plans.

The city manager shall be responsible for the preparation of position classification and pay plans which shall be submitted to the city council for approval. Such plans shall apply to all employees of the city and any of its agencies, departments, boards, commissions or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range in any position except by amendment of such pay plan. For the purposes of this section, all elected and appointed city officials are not considered city employees. City employees are subject to this pay plan.

SECTION 3.14.

Personnel Policies.

All employees of the city serve at-will and may be removed from office at any time, unless otherwise provided by ordinance.

ARTICLE IV

MUNICIPAL COURT

SECTION 4.10.

Creation; name.

There shall be a court to be known as the Municipal Court of the City of Nicholls.

SECTION 4.11.

Chief judge; other judges.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance.

(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall possess all qualifications required by law. All judges shall be appointed by the city council and shall serve until a successor is appointed and qualified.

(c) Compensation of the judges shall be fixed by ordinance.

(d) Judges shall serve a term and may be removed as provided by general law.

(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council.

SECTION 4.12.

Convening.

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

SECTION 4.13.

Jurisdiction; powers.

(a) The municipal court shall have jurisdiction and authority to try and punish violations of this charter, all city ordinances, and such other violations as provided by law.

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

(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 12 months, or both. The municipal court may also fix punishment by alternative sentencing now or hereinafter provided by law.

(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation.

(e) The municipal court shall have the authority to establish bail and recognizances to ensure the presence of those charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond may be forfeited pursuant to provisions of Georgia law.

(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary.

(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law.

(h) The judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and the judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

SECTION 4.14.

Rules for court.

The judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court.

SECTION 4.15.

Petitions for review.

The right to seek petitions for review from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such petitions shall be made to the Superior Court of Coffee County under the laws of the State of Georgia regulating appeals to the superior courts.

ARTICLE V

ELECTIONS

SECTION 5.10.

Applicability of general law.

All primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended.

SECTION 5.11.

Election of the city council and mayor.

(a) There shall be a municipal general election quadrennially in certain odd-numbered years on the Tuesday next following the first Monday in November.

(b) The mayor and councilmembers in office on the effective date of this charter shall serve out the terms to which they were elected. The first election under this charter shall occur on the Tuesday following the first Monday in November, 2029.

(c) The city council shall set and publish a qualifying fee for the offices of mayor and councilmember, according to state law, of three percent of the total gross salary including all supplements authorized by law.

SECTION 5.12.

Nonpartisan elections.

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

SECTION 5.13.

Elections by plurality.

(a) The person receiving a plurality votes cast for mayor at any election for mayor shall be elected to the office of mayor.

(b) The five candidates receiving the most votes at a regular election for the city council shall be elected to the offices of city councilmember.

SECTION 5.14.

Special election; vacancies.

In the event of the office of mayor or councilmember becoming vacant, the city council or those remaining shall order a special election to fill the balance of the unexpired term of the mayor or such councilmember; provided, however, that, if the vacancy occurs within 12 months of the expiration of the term of the city councilmember, the city council or those remaining shall appoint a successor for the remainder of the unexpired term. Any special election held shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended. ARTICLE VI

FINANCE

SECTION 6.10.

Property tax.

The city council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to taxation by the state and county. This tax is for the purpose of raising revenue to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose which is determined by the city council in its discretion.

SECTION 6.11.

Millage rate; due dates; payment methods.

The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid.

SECTION 6.12.

Occupation and business taxes.

The city council by ordinance shall have the power to levy such occupation or business taxes as are not prohibited by law. The city council may classify businesses, occupations or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided by law or this charter.

SECTION 6.13.

Regulatory fees; permits.

The city council by ordinance shall have the power to require businesses or practitioners doing business within the city to obtain a permit for such activity for the city and pay a reasonable regulatory fee for such permit as provided by general law.

SECTION 6.14.

Service charges.

The city council by ordinance shall have the power to assess and collect fees, charges, assessments, and totals for sewer, sanitary and health services, and any other services made available within corporate limits of the city. If unpaid, such charges shall be collected as provided in Section 6.17 of this charter.

SECTION 6.15.

Special assessments.

The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners. If unpaid, such charges shall be collected as provided in Section 6.17 of this charter.

SECTION 6.16.

Construction; other taxes and fees.

This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.

SECTION 6.17.

Collection of delinquent taxes and fees.

The city council by ordinance may provide generally for the collections of delinquent taxes, fees, or other revenue due to the city under Section 6.10 through 6.16 or through whatever reasonable means not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fa.'s; creation and priority of liens; making delinquent taxes and fees and personal debts of the person required to pay the taxes or fees imposed; revoking the city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions.

SECTION 6.18.

General obligation bonds.

The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken.

SECTION 6.19.

Revenue bonds.

Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued.

SECTION 6.20.

Short-term loans.

The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law.

SECTION 6.21.

Lease-purchase contracts.

The city may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of O.C.G.A. § 36-60-13, or other such applicable laws as are or may hereafter be enacted.

SECTION 6.22.

Fiscal year.

The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency and activity of the city government unless otherwise provided by state or federal law.

SECTION 6.23.

Preparation of budgets.

The city council shall provide procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan and a capital budget, including requirements as to the scope, content and form of such budgets and plans.

SECTION 6.24.

Submission of operating budget to city council.

On or before a date fixed by the city council but not later than 90 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

SECTION 6.25.

Action by city council on budget.

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

(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the 30 days prior to the end of the fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year.

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

SECTION 6.26.

Tax levies.

The city council shall levy by ordinance such taxes as are necessary. Taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenue from such levies shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city.

SECTION 6.27.

Changes in appropriations.

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

SECTION 6.28.

Independent audit.

There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted auditing principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. Copies of annual audit reports shall be available to the public, upon payment of such costs as required by O.C.G.A. § 50-18-70, et seq.

SECTION 6.29.

Contracting procedures.

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

(1) It is in writing;

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

(3) It is made or authorized by the city council and such approval is entered in the city council minute book or journal of proceedings pursuant to Section 2.21.

SECTION 6.30.

Sale and lease of city property.

(a) The city council may sell, convey, lease, or grant easements and other rights in, or any combination thereof, any real, personal, or mixed property, or any combination thereof, owned or held by the city for governmental or other purposes as now or hereafter provided by law.

(b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.

(c) Whenever in opening, extending or widening any street, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to sell or convey said cut off or separated parcel or tract of land to the abutting or adjoining property owner or owners where such sale or conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property.

ARTICLE VII

GENERAL PROVISIONS

SECTION 7.10.

Bond for officers

The officers and employees of the city, both elected and appointed, shall execute surety and fiduciary bonds in such amounts upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law.

SECTION 7.11.

Prior ordinances.

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

SECTION 7.12.

Existing personnel and officers.

Except as specifically provided otherwise in this charter, all personnel and officers of the city and their rights, privileges and powers shall continue until amended or repealed by the city council.

SECTION 7.13.

Pending matters.

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

SECTION 7.14.

Construction.

(a) Section captions in this charter are informative only and are not to be considered as a part thereof.

(b) The word "shall" is mandatory and the word "may" is permissive.

(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa.

SECTION 7.15.

Severability.

If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other.

SECTION 7.16.

Repealer.

An Act to provide and establish a new charter for the Town of Nichols, in the County of Coffee, approved August 16, 1920 (Ga. L. 1920, p. 1329), is hereby repealed in its entirety; and all amendatory Acts thereto are likewise repealed in their entirety.

SECTION 7.17.

General repealer.

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