HB 1586: Bogart, Town of; provide new charter

House Bill 1586

By: Representative Gaines of the 120th

A BILL TO BE ENTITLED

AN ACT

To provide a new charter for the Town of Bogart; to provide for reincorporation, boundaries, and powers of the town; to provide for the examples of powers; to provide for the governing structure of such town and the powers, duties, authority, elections, terms, method of filling vacancies, and compensation of the town council; to provide for eminent domain; to provide for meetings, rules of procedure, quorums, and voting; to provide for ordinances; to provide for emergency ordinances; to provide for codes of technical regulation; to provide for authentication, recording, and codification of ordinances; 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 boards, commissions and authorities; to provide for a town attorney, town 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 franchises, service charges, and other charges; 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 town property; to provide for bonds for officers; to provide for prior ordinances, current employees, and pending matters; to provide for penalties; to provide for definitions and construction; to provide for charter reviews; 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 Town of Bogart, 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 Town of Bogart, Georgia, and by that name shall have perpetual succession.

SECTION 1.11.

Corporate boundaries.

(a) The corporate boundaries of the town 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 the town 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 town clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the Town of Bogart, Georgia." Photographic, typed, or other copies of such map or description certified by the town 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 town 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) The town 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. The town shall have all the powers of self-government not otherwise prohibited by this charter or by general law.

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

SECTION 1.13.

Examples of powers.

The corporate powers of the town 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 town; 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 town;

(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 taxation - to levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions as authorized by Title 48 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any town taxes or fees;

(5) Condemnation - to condemn property, inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted;

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

(7) Emergencies - to establish procedures for determining or proclaiming that an emergency situation exists within the town 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 town;

(8) Environmental protection - to protect and preserve the natural resources, environment and vital areas of the town, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of stormwater and establishment of a stormwater utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment;

(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, and to prescribe penalties and punishments for violations thereof;

(10) Garbage fees - to levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business therein benefitting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges;

(11) General health, safety and welfare - to define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town; 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 town 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) Jail sentences - to provide that persons given jail sentences in the town's court may work out such sentences in any public works or on the streets, roads, drains and other public property in the town, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;

(15) 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 town;

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

(17) Municipal debts - to appropriate and borrow money for the payment of the debts of the town, 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;

(18) 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 town;

(19) Municipal property protection - to provide for the preservation and protection of property and equipment of the town, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof;

(20) Municipal utilities - to acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but, not limited to, a system of waterworks, sewers and drains, sewage disposal, stormwater management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same;

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

(22) 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;

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

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

(25) 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;

(26) Public improvements - to provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the town; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted;

(27) Public peace - to provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances;

(28) Public transportation - to organize and operate such public transportation systems as are deemed beneficial;

(29) Public utilities and services - to grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission;

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

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

(32) Roadways - to lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lands, and to impose penalties for failure to do so;

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

(34) Solid waste disposal - to provide for the collection and disposal of garbage, rubbish and refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items;

(35) Special areas of public regulation - to regulate or prohibit junk dealers, the manufacture and sale of intoxicating liquors; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional fortune telling, palmistry, and massage parlors; and to restrict adult bookstores to certain areas;

(36) Special assessments - to levy and provide for the collection of special assessments to cover the costs for any public improvements;

(37) Taxes - to levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation and to levy and collect such other taxes as may be allowed now or in the future by law;

(38) Taxicabs - to regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;

(39) Urban redevelopment - to organize and operate an urban redevelopment program; and

(40) 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 town and its inhabitants; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

SECTION 1.14.

Exercise of powers.

All powers, functions, rights, privileges and immunities of the town and its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia.

ARTICLE II

GOVERNMENT STRUCTURE

SECTION 2.10.

Town council creation; number; election.

The legislative authority of the government of the town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and four councilmembers. The town council shall in all respects be a successor to and continuation of the governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by general law and this charter.

SECTION 2.11.

Terms and qualifications for office.

The members of the town council shall serve four-year terms of office and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person has attained the age of 21 years, is a citizen of the United States, and shall have been a resident of the town for 12 months prior to the date of election of mayor or councilmembers. The mayor and each councilmember shall continue to reside therein during his or her period of service and to be registered and qualified to vote in municipal elections of the town.

SECTION 2.12.

Vacancy; filling of vacancies.

(a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, ceasing to be a resident of the town, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia.

(b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, by appointment by the town council or those members remaining if less than 12 months remain in the unexpired term. If such vacancy occurs 12 months or more prior to the expiration of the term of that office, the vacancy shall be filled for the remainder of the unexpired term by a special election, as provided for in Section 5.12 of this charter and in accordance with Titles 21 and 45 of the Official Code of Georgia Annotated, or other such laws as are or may hereafter be enacted.

(c) This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor or any councilmember.

SECTION 2.13.

Compensation.

The mayor and councilmembers shall receive compensation for their services in an amount prescribed by ordinance.

SECTION 2.14.

Prohibitions.

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

(b) Except as authorized by law, no member of the council shall hold any other elective municipal office or municipal employment in the Town of Bogart during the term for which he or she was elected.

(c) Neither the mayor nor any councilmember shall vote upon, sign or veto any ordinance, resolution, contract or other matter in which he or she is personally interested.

SECTION 2.15.

Inquiries and investigations.

Following the adoption of an authorizing resolution, the town council may make inquiries and investigations into the affairs of the town 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 town council shall be punished as provided by ordinance.

SECTION 2.16.

General power and authority of the town council.

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

(b) In addition to all other powers conferred upon it by law, the 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 and the laws 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 Town of Bogart and may enforce such ordinances by imposing penalties for violation thereof.

SECTION 2.17.

Eminent domain.

The town council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the town, and to regulate the use thereof.

SECTION 2.18.

Organizational meetings.

The town council shall hold an organizational meeting at the first regular council meeting in January following the municipal election. The meeting shall be called to order by the town clerk and the oath of office shall be administered to the newly elected members as follows: "I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of Bogart and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America."

SECTION 2.19.

Regular and special meetings.

(a) The town council shall hold regular meetings at such times and places as shall be prescribed by ordinance.

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

(c) All meetings of the town council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

SECTION 2.20.

Rules of procedure.

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

(b) All committees and committee chairs and officers of the town council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time.

SECTION 2.21.

Quorum, voting.

The mayor and two councilmembers, or in the absence of the mayor, three councilmembers, shall constitute a quorum and shall be authorized to transact business of the town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the town 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 a majority of a quorum shall be required for the adoption of any ordinance, resolution, or motion.

SECTION 2.22.

Ordinance form; 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. The enacting clause shall be "The Council of the Town of Bogart hereby ordains" and every ordinance shall so begin.

(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the town council may designate.

SECTION 2.23.

Action requiring an ordinance.

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

SECTION 2.24.

Emergencies.

(a) To meet a public emergency affecting life, health, property or public peace, the town council may convene on 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 the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the councilmembers present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

(b) Such 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 is reasonably possible in accordance with Code Section 50-14-1 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted.

SECTION 2.25.

Codes of technical regulations.

(a) The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26.

(b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public.

SECTION 2.26.

Authentication, recording and codification of ordinances.

(a) The town clerk shall authenticate by his or her signature and record in full, in a properly indexed book kept for that purpose, all ordinances adopted by the town council.

(b) The town council may provide for the preparation of a general codification of all ordinances of the town having the force and effect of law. The general codification may be adopted by the council by ordinance, and if so adopted, shall be known as "The Code of the Town of Bogart, Georgia." All ordinances enacted subsequent to the adoption of the code shall be incorporated therein.

(c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The town council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

SECTION 2.27.

Election of mayor; forfeiture; compensation.

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

SECTION 2.28.

Mayor pro tem.

By a majority vote, the town 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 or mental disability, suspension from office, or absence. Any such disability or absence shall be declared by a majority vote of the town council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14. When acting as mayor, the mayor pro tem shall continue to have only one vote as a member of the council.

SECTION 2.29.

Powers and duties of mayor.

The mayor shall:

(1) Preside at all meetings of the town council;

(2) Vote as a member of the council only at such times as are necessarily to break a tie or deadlock of the town council;

(3) Be the official head of the town for the service of process and for ceremonial purposes, and be the official spokesperson of the town and the chief advocate of policy;

(4) Have power to administer oaths and to take affidavits;

(5) Sign as a matter of course all written and approved contracts entered into by the town and all other contracts and instruments executed by the town which by law are required to be in writing;

(6) Prepare and submit to the town council a recommended annual operating budget and recommend capital budget; and

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

ARTICLE III

ORGANIZATIONAL AND GENERAL PROVISIONS

SECTION 3.10.

Boards, commissions, and authorities.

(a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial or quasi-legislative funds the town council deems necessary, and shall by ordinance establish the composition, period of existence, duties, and powers thereof.

(b) All members of boards, commissions and authorities of the town shall be appointed by the town council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable state law.

(c) The town council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority.

(d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the town.

(e) Any vacancy in office of any member of a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable state law.

(f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the town an oath obligating himself or herself to faithfully and impartially perform the duties of that member's office, with such oath to be prescribed by ordinance and administered by the mayor.

(g) All board members shall serve at will and may be removed at any time by a majority vote of councilmembers unless otherwise provided by law.

(h) Except as otherwise provided by this charter or by applicable state law, each board, commission or authority of the town government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the town, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the town.

SECTION 3.11.

Town attorney.

The town council shall appoint a town attorney, together with such assistant town attorneys as may be authorized and shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be a member in good standing with the State Bar of Georgia. The town attorney shall be responsible for providing for the representation and defense of the town in all litigation in which the town is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required by virtue of the person's position as town attorney. The town attorney is not a public official of the town and does not take an oath of office. The town attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the town attorney.

SECTION 3.12.

Town clerk.

The mayor shall appoint a town clerk, also known as 'the clerk,' who shall not be a councilmember. The town clerk shall keep a journal of the proceedings of the town council; maintain in a safe place all records and documents pertaining to the affairs of the town and perform such other duties as may be required by law or as the town council may direct.

SECTION 3.13.

Position classification and pay plans.

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

SECTION 3.14.

Personnel policies.

All town employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. The town council may adopt personnel policies or ordinances.

ARTICLE IV

MUNICIPAL COURT

SECTION 4.10.

Creation; name.

There shall be a court to be known as the Municipal Court of the Town of Bogart.

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 town 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 town council.

SECTION 4.12.

Convening.

The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.

SECTION 4.13.

Jurisdiction; powers.

(a) The municipal court is specifically vested with all the jurisdiction and powers throughout the entire area of the Town of Bogart granted by state laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize abatement of nuisances.

(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 any offense within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or both, or may fix punishment by fine, imprisonment, or alternative sentencing as now, or hereafter provided by law.

(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violation of state law.

(e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons 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 shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the Town of Bogart, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes.

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

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

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

SECTION 4.14.

Rules for court.

With the approval of the town council, the judges of the municipal court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the town council may adopt in part or in total the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

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 Oconee County under the laws of the State of Georgia regulating appeals to the superior courts.

SECTION 4.16.

Contracting for municipal court.

Notwithstanding any provision of this article, the Town of Bogart may contract with Oconee County for municipal court services in accordance with state law. ARTICLE V

ELECTIONS

SECTION 5.10.

Regular elections.

(a) An election shall be held on the Tuesday after the first Monday in November of each odd-numbered year.

(b) There shall be elected the mayor and two councilmembers at one election and at every other regular election thereafter. The remaining town council seats shall be filled at the election alternating with the first election so that a continuing body is created.

(c) The mayor and councilmembers shall serve four-year terms of office, and until their successors are elected and qualified.

(d) The person receiving a plurality of the votes cast for any town office shall be elected.

SECTION 5.11.

Applicability of general law.

(a) The procedures and requirements for election of all elected officials of the Town of Bogart as to primary, special and general elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

(b) Elections of the Town of Bogart shall be nonpartisan, and political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party designations.

SECTION 5.12.

Special elections, vacancies.

In the event that the office of mayor or councilmember shall become vacant as provided in Section 2.12 of this charter, the town council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the town council or those remaining may appoint a successor for the remainder of the term. In all other respects, the special election shall be held and conducted in accordance with Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," as now or hereafter amended.

SECTION 5.13.

Other provisions.

Except as otherwise provided by this charter, the town council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code."

ARTICLE VI

FINANCE

SECTION 6.10.

Property tax.

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

SECTION 6.11.

Millage rates; due dates; payment methods.

The town council, by ordinance, shall establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The town council, by ordinance, may provide for the payment of these taxes by two installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due.

SECTION 6.12.

Occupation and business taxes.

The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The town 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 in Section 6.18.

SECTION 6.13.

Regulatory fees; permits.

The town council by ordinance shall have the power to require businesses or practitioners doing business within the town to obtain a permit for such activity from the town and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the town of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18.

SECTION 6.14.

Franchise.

(a) The town council shall have the power to grant franchises for the use of the town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 30 years and no franchise shall be granted unless the town receives just and adequate compensation therefore. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the clerk. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

(b) If no franchise agreement is in effect, the town council has the authority to impose a tax on gross receipts for the use of the town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations.

SECTION 6.15.

Service charges.

The town council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the town. If unpaid, such charges shall be collected as provided in Section 6.18.

SECTION 6.16.

Special assessments.

The town 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 6.18 in the same manner and under the same remedies as a lien for town property taxes.

SECTION 6.17.

Construction; other taxes and fees.

The town 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 the town to govern its local affairs.

SECTION 6.18.

Collection of delinquent taxes and fees.

The town council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town permits for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.

SECTION 6.19.

General obligation bonds.

The town 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 general laws of this state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken.

SECTION 6.20.

Revenue bonds.

Revenue bonds may be issued by the town 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 6.21.

Short-term loans.

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

SECTION 6.22.

Lease-purchase contracts.

The town 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 Code Section 36-60-13 of the Official Code of Georgia Annotated, or other such applicable laws as are or may hereafter be enacted.

SECTION 6.23.

Fiscal year; preparation and adoption of operating budget.

The town council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting unless otherwise provided by state or federal law.

SECTION 6.24.

Preparation of budgets.

The town council shall provide an ordinance on the 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 6.25.

Submission of operating budget to town council.

On or before a date fixed by the town council but not later than 45 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, 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 town clerk and shall be open to public inspection.

SECTION 6.26.

Action by town council on budget.

(a) The town council may amend the operating budget proposed by the mayor; 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 town council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the final day of June of each year. If the town 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 town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24.

(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 6.27.

Tax levies.

The town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances shall be such that reasonable estimates of revenues 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 town.

SECTION 6.28.

Changes in appropriations.

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

SECTION 6.29.

Capital budget.

(a) On or before the date fixed by the town council but no later than 45 days prior to the beginning each fiscal year, the mayor may submit to the town council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The town council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The town council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24.

(b) The town council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the 30th day of June of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance.

SECTION 6.30.

Independent audit.

There shall be an annual independent audit of all town accounts, funds and financial transactions by a certified public accountant selected by the town 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 at printing costs to the public.

SECTION 6.31.

Contracting procedures.

No contract with the town shall be binding on the town unless it is:

(1) In writing;

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

(3) Made or authorized by the town council and such approval is entered in the town council journal of proceedings pursuant to Section 2.21.

SECTION 6.32.

Centralized purchasing.

The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town.

SECTION 6.33.

Sale and lease of town property.

(a) The town council may sell and convey, or lease any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law.

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

(c) Whenever in opening, extending or widening any street, avenue, alley or public place of the town, 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 town, the town council may authorize the mayor to sell and convey said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights-of-way of said street, avenue, alley or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

ARTICLE VII

GENERAL PROVISIONS

SECTION 7.10.

Bond for officers.

The officers and employees of the Town of Bogart, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the town council may from time to time require by ordinance or as may be provided by law.

SECTION 7.11.

Prior ordinances.

Existing ordinances and regulations of the Town of Bogart not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the council. The existing rules and regulations of departments or agencies of the Town of Bogart not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended.

SECTION 7.12.

Existing personnel and officers.

Except as specifically provided otherwise by this charter, all personnel and officers of the town and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of 30 days before or during which the existing town council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition.

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 town agencies, personnel or offices as may be provided by the town council.

SECTION 7.14.

Construction.

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

(b) 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 reincorporate and provide a new charter for the Town of Bogart, approved April 20, 1998 (Ga. L. 1998, p. 4461), 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.