HB1205: HB1205 Yatesville, City of; provide new charter

26 LC 62 0261/AP House Bill 1205 (AS PASSED HOUSE AND SENATE) By: Representative Dickey of the 134th A BILL TO BE ENTITLED AN ACT To provide a new charter for the City of Yatesville; to provide for incorporation, boundaries,1 and powers of the city; to provide for the exercise of powers and limitations on powers; to2 provide for a governing authority of such city and the powers, duties, authority, prohibitions,3 elections, terms, removal from office, method of filling vacancies, compensation, expenses,4 and qualifications; to provide for conflict of interest and holding other offices; to provide for5 inquiries and investigations; to provide for organization and meeting procedures; to provide6 for ordinances; to provide for eminent domain; to provide for codes; to provide for the office7 of mayor and certain duties and powers relative to the office o f mayor; to provide for a8 mayor pro tem; to provide for administrative responsibilities; to provide for boards,9 commissions, and authorities; to provide for a city attorney, city clerk, and other personnel;10 to provide for the establishment of a municipal court and the j udge or judges thereof; to11 provide for practices and procedures; to provide for taxation, permits, and fees; to provide12 for franchises, service charges, and assessments; to provide fo r bonded and other13 indebtedness; to provide for accounting a nd budgeting; to provi de for contracting and14 purchasing; to provide for sale of city property; to provide for bonds for officials; to provide15 for pending matters; to provide for definitions and construction; to provide for severability;16 to provide for related matters; to provide for an effective date; and for other purposes.17 H. B. 1205 - 1 - 26 LC 62 0261/AP BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:18 ARTICLE I19 INCORPORATION AND POWERS20 SECTION 1.1.21 Name.22 This city and the inhabitants thereof, are reincorporated by the enactment of this charter and23 are hereby constituted and declared a body politic and corporat e under the name and style24 of the City of Yatesville, Georgia, and by that name shall have perpetual succession.25 SECTION 1.2.26 Corporate boundaries.27 (a) The boundaries of this city shall be those existing on the effective date of the adoption28 of this charter with such alterations as may be made from time to time in the manner29 provided by law. The boundaries of this city at all times shall be shown on a map, a written30 description or any combination thereof, to be retained permanently in the office of the city31 clerk and to be designated, as the case may be: "Official Map ( or Description) of the32 corporate limits of the City of Yatesville, Georgia." Photographic, typed, or other copies of33 such map or description certified by the city clerk shall be admitted as evidence in all courts34 and shall have the same force and effect as with the original map or description.35 (b) The city council may provide for the redrawing of any such map by ordinance to reflect36 lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes37 the entire map or maps which it is designated to replace.38 H. B. 1205 - 2 - 26 LC 62 0261/AP SECTION 1.3.39 Powers and construction.40 (a) This city shall have all powers possible for a city to hav e under the present or future41 Constitution and laws of this state as fully and completely as though they were specifically42 enumerated in this charter. This city shall have all the power s of self-government not43 otherwise prohibited by this charter or by general law.44 (b) The powers of this city shall be construed liberally in fa vor of the city. The specific45 mention or failure to mention particular powers shall not be construed as limiting in any way46 the powers of this city.47 SECTION 1.4.48 Examples of powers.49 (a) Animal regulations. To regulate and license or to prohibi t the keeping or running50 at-large of animals and fowl, and to provide for the impoundment of same if in violation of51 any ordinance or lawful order; to provide for the disposition b y sale, gift or humane52 destruction of animals and fowl when not redeemed as provided by ordinance; and to provide53 punishment for violation of ordinances enacted as provided for this charter.54 (b) Appropriations and expenditures. To make appropriations f or the support of the55 government of the city; to authorize the expenditure of money for any purposes authorized56 by this charter and for any purpose for which a municipality is authorized by the laws of the57 State of Georgia; and to provide for the payment of expenses of the city.58 (c) Building regulation. To regulate and to license the erection and construction of buildings59 and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and60 heating and air conditioning codes; and to regulate all housing, and building trades.61 H. B. 1205 - 3 - 26 LC 62 0261/AP (d) Business regulation and taxation. To levy and to provide for the collection of regulatory62 fees and taxes on privileges, occupations, trades and professio ns as authorized by Title 4863 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit64 and regulate the same; to provide for the manner and method of payment of such regulatory65 fees and taxes; and to revoke such permits after due process for failure to pay any city taxes66 or fees.67 (e) Condemnation. To condemn property, inside or outside the corporate limits of the city,68 for present or future use and for any corporate purpose deemed necessary by the governing69 authority, utilizing procedures enumerated in Title 22 of the O .C.G.A., or such other70 applicable laws as are or may hereafter be enacted.71 (f) Contracts. To enter into contracts and agreements with other governmental entities and72 with private persons, firms and corporations.73 (g) Emergencies. To establish procedures for determining and proclaiming that an74 emergency situation exists within or without the city, and to m ake and carry out all75 reasonable provisions deemed necessary to deal with or meet suc h an emergency for the76 protection, safety, health or well-being of the citizens of the city.77 (h) Environmental protection. To protect and preserve the natural resources, environment78 and vital areas of the city, the region, and the state through the preservation and improvement79 of air quality, the restoration and maintenance of water resources, the control of erosion and80 sedimentation, the management of stormwater and establishment of a stormwater utility, the81 management of solid and hazardous waste, and other necessary actions for the protection of82 the environment.83 (i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge84 or restrict the same; to prescribe fire safety regulations not inconsistent with general law,85 relating to both fire prevention and detection and to fire fighting; and to prescribe penalties86 and punishment for violations thereof.87 H. B. 1205 - 4 - 26 LC 62 0261/AP (j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and88 disposal, and other sanitary service charge, tax, or fee for such services as may be necessary89 in the operation of the city from all individuals, firms, and corporations residing in or doing90 business therein benefiting from such services; to enforce the payment of such charges, taxes91 or fees; and to provide for the manner and method of collecting such service charges.92 (k) General health, safety and welfare. To define, regulate a nd prohibit any act, practice,93 conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and94 safety of the inhabitants of the city, and to provide for the enforcement of such standards.95 (l) Gifts. To accept or refuse gifts, donations, bequests or grants from any source for any96 purpose related to powers and duties of the city and the genera l welfare of its citizens, on97 such terms and conditions as the donor or grantor may impose.98 (m) Health and sanitation. To prescribe standards of health a nd sanitation and to provide99 for the enforcement of such standards.100 (n) Jail sentences. To provide that persons given jail sentences in the city's court may work101 out such sentences in any public works or on the streets, roads , drains and other public102 property in the city, to provide for commitment of such persons to any jail, to provide for the103 use of pretrial diversion and any alternative sentencing allowe d by law, or to provide for104 commitment of such persons to any county work camp or county jail by agreement with the105 appropriate county officials.106 (o) Motor vehicles. To regulate the operation of motor vehicles and exercise control over107 all traffic, including parking upon or across the streets, road s, alleys and walkways of the108 city.109 (p) Municipal agencies and delegation of power. To create, al ter or abolish departments,110 boards, offices, commissions and agencies of the city, and to confer upon such agencies the111 necessary and appropriate authority for carrying out all the po wers conferred upon or112 delegated to the same.113 H. B. 1205 - 5 - 26 LC 62 0261/AP (q) Municipal debts. To appropriate and borrow money for the payment of debts of the city114 and to issue bonds for the purpose of raising revenue to carry out any project, program or115 venture authorized by this charter or the laws of the State of Georgia.116 (r) Municipal property ownership. To acquire, dispose of, lea se, and hold in trust or117 otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or118 outside the property limits of the city.119 (s) Municipal property protection. To provide for the preserv ation and protection of120 property and equipment of the city, and the administration and use of same by the public; and121 to prescribe penalties and punishment for violations thereof.122 (t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell and dispose of123 public utilities, including but not limited to a system of wate rworks, sewers and drains,124 sewage disposal, stormwater management, gas works, electric light plants, cable television125 and other telecommunications, transportation facilities, public airports, and any other public126 utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties,127 and to provide for the withdrawal of service for refusal or failure to pay the same.128 (u) Nuisance. To define a nuisance and provide for its abatem ent whether on public or129 private property.130 (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the131 authority of this charter and the laws of the State of Georgia.132 (w) Planning and zoning. To provide comprehensive city planni ng for development by133 zoning; and to provide subdivision regulation and the like as t he city council deems134 necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community.135 (x) Police and fire protection. To exercise the power of arrest through duly appointed police136 officers, and to establish, operate, or contract for a police and a firefighting agency.137 (y) Public hazards: removal. To provide for the destruction and removal of any building or138 other structure which is or may become dangerous or detrimental to the public.139 H. B. 1205 - 6 - 26 LC 62 0261/AP (z) Public improvements. To provide for the acquisition, construction, building, operation140 and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries,141 markets and market houses, public buildings, libraries, public housing, airports, hospitals,142 terminals, docks, parking facilities, or charitable, cultural, educational, recreational,143 conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies144 and facilities; and to provide any other public improvements, inside or outside the corporate145 limits of the city; to regulate the use of public improvements; and for such purposes, property146 may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable147 laws as are or may hereafter be enacted.148 (aa) Public peace. To provide for the prevention and punishme nt of loitering, disorderly149 conduct, drunkenness, riots, and public disturbances.150 (bb) Public transportation. To organize and operate such public transportation systems as151 are deemed beneficial.152 (cc) Public utilities and services. To grant franchises or make contracts for, or impose taxes153 on public utilities and public service companies; and to prescribe the rates, fares, regulations154 and standards and conditions of service applicable to the servi ce to be provided by the155 franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public156 Service Commission.157 (dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal,158 and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other159 structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within160 view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and161 punishment for violation of such ordinances.162 (ee) Retirement. To provide and maintain a retirement plan an d other employee benefit163 plans and programs for officers and employees of the city.164 (ff) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of,165 abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve,166 H. B. 1205 - 7 - 26 LC 62 0261/AP maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within167 the corporate limits of the city; and to grant franchises and r ights-of-way throughout the168 streets and roads, and over the bridges and viaducts for the us e of public utilities; and to169 require real estate owners to repair and maintain in a safe condition the sidewalks adjoining170 their lots or lands, and to impose penalties for failure to do so. 171 (gg) Sewer fees. To levy a fee, charge, or sewer tax as neces sary to assure the acquiring,172 constructing, equipping, operating, maintaining, and extending of a sewage disposal plant173 and sewerage system, and to levy on those to whom sewers and sewerage systems are made174 available a sewer service fee, charge or sewer tax for the availability or use of the sewers; to175 provide for the manner and method of collecting such service ch arges and for enforcing176 payment of the same; and to charge, impose and collect a sewer connection fee or fees to177 those connected with the system.178 (hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish and179 refuse, and to regulate the collection and disposal of garbage, rubbish and refuse by others;180 and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other181 recyclable materials, and to provide for the sale of such items.182 (ii) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture183 and sale of intoxicating liquors; to regulate the transportatio n, storage and use of184 combustible, explosive and inflammable materials, the use of lighting and heating equipment,185 and any other business or situation which may be dangerous to p ersons or property; to186 regulate and control the conduct of peddlers and itinerant traders, theatrical performances,187 exhibitions, and shows of any kind, by taxation or otherwise; to license and tax professional188 fortunetelling, palmistry, and ma ssage parlors; and to restrict adult bookstores to certain189 areas.190 (jj) Special assessments. To levy and provide for the collect ion of special assessments to191 cover the costs for any public improvements.192 H. B. 1205 - 8 - 26 LC 62 0261/AP (kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and193 collection of taxes on all property subject to taxation.194 (ll) Taxes: other. To levy and collect such other taxes as ma y be allowed now or in the195 future by law.196 (mm) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the197 number of such vehicles; to require the operators thereof to be licensed; to require public198 liability insurance on such vehicles in the amounts to be presc ribed by ordinance; and to199 regulate the parking of such vehicles.200 (nn) Urban redevelopment. To organize and operate an urban redevelopment program.201 (oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges and202 immunities necessary or desirable to promote or protect the safety, health, peace, security,203 good order, comfort, convenience, or general welfare of the city and its inhabitants; and to204 exercise all implied powers necessary or desirable to carry into execution all powers granted205 in this charter as fully and completely as if such powers were fully stated in this section; and206 to exercise all powers now or in the future authorized to be ex ercised by other municipal207 governments under other laws of the State of Georgia; and no listing of particular powers in208 this charter shall be held to be exclusive of others, nor restr ictive of general words and209 phrases granting powers, but shall be held to be in addition to such powers unless expressly210 prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.211 SECTION 1.5.212 Exercise of powers.213 All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or214 employees shall be carried into execution as provided by this charter. If this charter makes215 no provision, such shall be carried into execution as provided by ordinance or as provided216 by pertinent laws of the State of Georgia.217 H. B. 1205 - 9 - 26 LC 62 0261/AP ARTICLE II218 GOVERNMENT STRUCTURE219 SECTION 2.1.220 City council creation; number; election.221 (a) The legislative authority of the government of this city, except as otherwise specifically222 provided in this charter, shall be vested in a city council to be composed of a mayor and five223 councilmembers. The city council established shall in all resp ects be a successor to and224 continuation of the governing authority under prior law. The m ayor and councilmembers225 shall be elected in the manner provided by general law and this charter.226 (b) The council shall be composed of five members elected by the voters of the city at large227 in accordance with provisions of Article V. Not more than one councilmember shall reside228 in each district. The mayor shall be elected as provided in Section 2.32.229 SECTION 2.2.230 City council terms and qualifications for office.231 The mayor and members of the city council shall serve for terms of four years and until their232 respective successors are elected and qualified. No person shall be eligible to serve as mayor233 or councilmember unless that person shall have been a resident of the city for 24 months234 prior to the date of election of the mayor or members of the council; each shall continue to235 reside therein during that member's period of service and to be registered and qualified to236 vote in municipal elections of this city.237 H. B. 1205 - 10 - 26 LC 62 0261/AP SECTION 2.3.238 Vacancy; filling of vacancies.239 (a) Vacancies. The office of mayor or councilmember shall bec ome vacant upon the240 incumbent's death, resignation, forfeiture of office, or occurrence of any event specified by241 the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable242 laws as are or may hereafter be enacted.243 (b) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be filled244 for the remainder of the unexpired term, if any, by appointment by the city council or those245 members remaining if less than 12 months remains in the unexpired term. If such vacancy246 occurs 12 months or more prior to the expiration of the term of that office, it shall be filled247 for the remainder of the unexpired term by a special election, as provided for in Section 5.5248 of this charter and in accordance with Titles 21 and 45 of the O.C.G.A., or other such laws249 as are or may hereafter be enacted.250 (c) This provision shall also apply to a temporary vacancy created by the suspension from251 office of the mayor or any councilmember.252 SECTION 2.4.253 Compensation and expenses.254 The mayor and councilmembers shall receive compensation and expenses for their services255 as provided by ordinance.256 H. B. 1205 - 11 - 26 LC 62 0261/AP SECTION 2.5.257 Holding other office; voting when financially interested.258 (a) Elected and appointed officers of the city are trustees and servants of the residents of the259 city and shall act in a fiduciary capacity for the benefit of such residents.260 (b) Except as authorized by law, the mayor or any councilmember shall not hold any other261 city office or city employment during the term for which that person was elected.262 (c) Neither the mayor nor any member of the city council shall vote upon, sign or veto any263 ordinance, resolution, contract or other matter in which that person is financially interested.264 SECTION 2.6.265 Conflicts of interest; holding other offices.266 (a) Fiduciary duty - Elected and appointed officers of the cit y are trustees and servants of267 the residents of the city and shall act in a fiduciary capacity for the benefit of such residents.268 (b) Conflict of interest - No elected official, appointed officer, or employee of the city or any269 agency or political entity to which this charter applies shall knowingly:270 (1) Engage in any business or transaction, or have a financial or other personal interest,271 directly or indirectly, which is incompatible with the proper d ischarge of that person's272 official duties or which would tend to impair the independence of the official's judgment273 or action in the performance of those official duties;274 (2) Engage in or accept private employment, or render services for private interests when275 such employment or service is incompatible with the proper disc harge of that person's276 official duties or would tend to impair the independence of the official's judgment or action277 in the performance of those official duties;278 (3) Disclose confidential information, including information obtained at meetings which279 are closed pursuant to Title 50, Chapter 14 of the O.C.G.A., co ncerning the property,280 H. B. 1205 - 12 - 26 LC 62 0261/AP government, or affairs of the governmental body by which the official is engaged without281 proper legal authorization; or use such information to advance the financial or other private282 interest of the official or others; 283 (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from284 any person, firm or corporation which to the official's knowledge is interested, directly or285 indirectly, in any manner whatsoever, in business dealings with the governmental body by286 which the official is engaged; provided, however, that an elected official who is a candidate287 for public office may accept campaign contributions and services in connection with any288 such campaign;289 (5) Represent other private interests in any action or proceed ing against this city or any290 portion of its government; or291 (6) Vote or otherwise participate in the negotiation or in the making of any contract with292 any business or entity in which the official has a financial interest.293 (c) Disclosure - Any elected official, appointed officer, or e mployee who shall have any294 financial interest, directly or indirectly, in any contract or matter pending before or within295 any department of the city shall disclose such interest to the city council. The mayor or any296 councilmember who has a financial interest in any matter pendin g before the city council297 shall disclose such interest and such disclosure shall be enter ed on the records of the city298 council, and that official shall disqualify himself or herself from participating in any decision299 or vote relating thereto. Any elected official, appointed officer, or employee of any agency300 or political entity to which this charter applies who shall have any financial interest, directly301 or indirectly, in any contract or matter pending before or with in such entity shall disclose302 such interest to the governing body of such agency or entity.303 (d) Use of public property - No elected official, appointed officer, or employee of the city304 or any agency or entity to which this charter applies shall use property owned by such305 governmental entity for personal benefit or profit but shall us e such property only in their306 capacity as an officer or employee of the city.307 H. B. 1205 - 13 - 26 LC 62 0261/AP (e) Contracts voidable and rescindable - Any violation of this section which occurs with the308 knowledge, express or implied, of a party to a contract or sale shall render said contract or309 sale voidable at the option of the city council.310 (f) Ineligibility of elected official - Except where authorized by law, neither the mayor nor311 any councilmember shall hold any other elective or appointive office in the city or otherwise312 be employed by said government or any agency thereof during the term for which that313 official was elected. No former mayor and no former councilmem ber shall hold any314 appointive office in the city un til one year after the expirati on of the term for which that315 official was elected.316 (g) Political activities of certain officers and employees - No appointive officer of the city317 shall continue in such employment upon qualifying as a candidate for nomination or election318 to any public office. No employee of the city shall continue i n such employment upon319 qualifying for or election to any public office in this city or any other public office which is320 inconsistent, incompatible or in conflict with the duties of th e city employee. Such321 determination shall be made by the mayor and council either immediately upon election or322 at any time such conflict may arise.323 (h) Penalties for violation.324 (1) Any city officer or employee who knowingly conceals such f inancial interest or325 knowingly violates any of the requirements of this section shall be guilty of malfeasance326 in office or position and shall be deemed to have forfeited that person's office or position.327 (2) Any officer or employee of the city who shall forfeit an office or position, as described328 in paragraph (1) above, shall be ineligible for appointment or election to or employment329 in a position in the city government for a period of three years thereafter.330 H. B. 1205 - 14 - 26 LC 62 0261/AP SECTION 2.7.331 Inquiries and investigations.332 Following the adoption of an authorizing resolution, the city council may make inquiries and333 investigations into the affairs of the city and the conduct of any department, office or agency334 thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and335 require the production of evidence. Any person who fails or refuses to obey a lawful order336 issued in the exercise of these powers by the city council shall be punished as provided by337 ordinance.338 SECTION 2.8.339 General power and authority of the city council.340 (a) Except as otherwise provided by law or this charter, the city council shall be vested with341 all the powers of government of this city.342 (b) In addition to all other powers conferred upon it by law, the council shall have the343 authority to adopt and provide for the execution of such ordinances, resolutions, rules, and344 regulations, not inconsistent with this charter and the Constitution and the laws of the State345 of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order,346 protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity,347 or well-being of the inhabitants of the City of Yatesville and may enforce such ordinances348 by imposing penalties for violation thereof.349 H. B. 1205 - 15 - 26 LC 62 0261/AP SECTION 2.9.350 Eminent domain.351 The city council is hereby empowered to acquire, construct, ope rate and maintain public352 ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries,353 sewers, drains, sewage treatment, waterworks, electrical system s, gas systems, airports,354 hospitals, and charitable, educational, recreational, sport, cu rative, corrective, detentional,355 penal and medical institutions, agencies and facilities, and any other public improvements356 inside or outside the city, and to regulate the use thereof, an d for such purposes, property357 may be condemned under procedures established under general law applicable now or as358 provided in the future.359 SECTION 2.10.360 Organizational meeting.361 The city council shall hold an organizational meeting on the fourth Tuesday of every month. 362 The meeting shall be called to order by the mayor-elect or city clerk and the oath of office363 shall be administered to the newly elected members by a judicia l officer authorized to364 administer oaths and shall, to the extent that it comports with federal and state law, be as365 follows:366 "I do solemnly (swear)(affirm) that I will faithfully perform t he duties of367 (mayor)(councilmember) of this city and that I will support and defend the charter thereof368 as well as the Constitution and laws of the State of Georgia an d of the United States of369 America. I am not the holder of any unaccounted for public money due this state or any370 political subdivision or authority thereof. I am not the holder of any office of trust under371 the government of the United States, any other state, or any fo reign state which I by the372 laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold373 H. B. 1205 - 16 - 26 LC 62 0261/AP said office according to the Constitution and laws of Georgia. I have been a resident [of374 my district and] the City of Yatesville for the time required by the Constitution and laws375 of this state and by the municipal charter. I will perform the duties of my office in the best376 interest of the City of Yatesville to the best of my ability wi thout fear, favor, affection,377 reward, or expectation thereof."378 SECTION 2.11.379 Regular and special meetings.380 (a) The city council shall hold regular meetings at such times and places as shall be381 prescribed by ordinance.382 (b) Special meetings of the city council may be held on call of the mayor or three members383 of the city council. Notice of such special meetings shall be served on all other members384 personally, or by telephone personally, at least 48 hours in ad vance of the meeting. Such385 notice to councilmembers shall not be required if the mayor and all councilmembers are386 present when the special meeting is called. Such notice of any special meeting may be387 waived by a councilmember in writing before or after such a meeting, and attendance at the388 meeting shall also constitute a waiver of notice on any busines s transacted in such389 councilmembers presence. Only the business stated in the call may be transacted at the390 special meeting.391 (c) All meetings of the city council shall be public to the extent required by law and notice392 to the public of special meetings shall be made fully as is reasonably possible as provided by393 Code Section 50-14-1 of the O.C.G.A., or other such applicable laws as are or may hereafter394 be enacted.395 H. B. 1205 - 17 - 26 LC 62 0261/AP SECTION 2.12.396 Rules of procedure.397 (a) The city council shall adopt its rules of procedure and order of business consistent with398 the provisions of this charter and shall provide for keeping a journal of its proceedings, which399 shall be a public record.400 (b) All committees and committee chairs and officers of the city council shall be appointed401 by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power402 to appoint new members to any committee at any time.403 SECTION 2.13.404 Quorum; voting.405 (a) Three c ouncilmembers shall constitute a quorum and shall be authorized to transact406 business of the city council. Voting on the adoption of ordinances shall be by voice vote and407 the vote shall be recorded in the journal, but any member of the city council shall have the408 right to request a roll call vote and such vote shall be record ed in the journal. Except as409 otherwise provided in this charter, the affirmative vote of thr ee councilmembers shall be410 required for the adoption of any ordinance, resolution, or motion.411 (b) No member of the city council shall abstain from voting on any matter properly brought412 before the council for official action except when such council member has a conflict of413 interest which is disclosed in writing prior to or at the meeti ng and made a part of the414 minutes. Any member of the city council present and eligible t o vote on a matter and415 refusing to do so for any reason other than a properly disclose d and recorded conflict of416 interest shall be deemed to have acquiesced or concurred with the members of the majority417 who did vote on the question involved.418 H. B. 1205 - 18 - 26 LC 62 0261/AP SECTION 2.14.419 Ordinance form; procedures.420 (a) Every proposed ordinance should be introduced in writing and in the form required for421 final adoption. No ordinance shall contain a subject which is not expressed in its title. The422 enacting clause shall be "It is hereby ordained by the governin g authority of the City of423 Yatesville" and every ordinance shall so begin.424 (b) An ordinance may be introduced by any councilmember and be read at a regular or425 special meeting of the city council. Ordinances shall be considered and adopted or rejected426 by the city council in accordance with the rules which it shall establish; provided, however,427 an ordinance shall not be adopted the same day it is introduced , except for emergency428 ordinances provided in Section 2.16. Upon introduction of any ordinance, the city clerk shall429 as soon as possible distribute a copy to the mayor and to each councilmember and shall file430 a reasonable number of copies in the office of the city clerk and at such other public places431 as the city council may designate.432 SECTION 2.15.433 Action requiring an ordinance.434 Acts of the city council which have the force and effect of law shall be enacted by ordinance.435 SECTION 2.16.436 Emergencies.437 (a) To meet a public emergency affecting life, health, propert y or public peace, the city438 council may convene on call of the mayor or three councilmembers and promptly adopt an439 emergency ordinance, but such ordinance may not levy taxes; gra nt, renew or extend a440 H. B. 1205 - 19 - 26 LC 62 0261/AP franchise; regulate the rate charged by any public utility for its services; or authorize the441 borrowing of money except for loans to be repaid within 30 days. An emergency ordinance442 shall be introduced in the form prescribed for ordinances gener ally, except that it shall be443 plainly designated as an emergency ordinance and shall contain, after the enacting clause,444 a declaration stating that an emergency exists, and describing the emergency in clear and445 specific terms. An emergency ordinance may be adopted, with or without amendment, or446 rejected at the meeting at which it is introduced, but the affi rmative vote of at least three447 councilmembers shall be required for adoption. It shall become effective upon adoption or448 at such later time as it may specify. Every emergency ordinance shall automatically stand449 repealed 30 days following the date upon which it was adopted, but this shall not prevent450 reenactment of the ordinance in the manner specified in this se ction if the emergency still451 exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance452 in the same manner specified in this section for adoption of emergency ordinances.453 (b) Such meetings shall be open to the public to the extent required by law and notice to the454 public of emergency meetings shall be made as fully as is reasonably possible in accordance455 with Code Section 50-14-1 of the O.C.G.A., or such other applic able laws as are or may456 hereafter be enacted.457 SECTION 2.17.458 Codes of technical regulations.459 (a) The city council may adopt any standard code of technical regulations by reference460 thereto in an adopting ordinance. The procedure and requirements governing such adopting461 ordinance shall be as prescribed for ordinances generally except that:462 (1) The requirements of Section 2.14(b) for distribution and f iling of copies of the463 ordinance shall be construed to include copies of any code of technical regulations, as well464 as the adopting ordinance; and465 H. B. 1205 - 20 - 26 LC 62 0261/AP (2) A copy of each adopted code of technical regulations, as w ell as the adopting466 ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.18.467 (b) Copies of any adopted code of technical regulations shall be made available by the city468 clerk for inspection by the public.469 SECTION 2.18.470 Signing; authenticating; recording; codification; printing.471 (a) The city clerk shall authenticate by the city clerk's sign ature and record in full in a472 properly indexed book kept for that purpose, all ordinances adopted by the council.473 (b) The city council shall provide for the preparation of a ge neral codification of all the474 ordinances of the city having the force and effect of law. The general codification shall be475 adopted by the city council by ordinance and shall be published promptly, together with all476 amendments thereto and such codes of technical regulations and other rules and regulations477 as the city council may specify. This compilation shall be known and cited officially as "The478 Code of the City of Yatesville, Georgia." Copies of the code s hall be furnished to all479 officers, departments and agencies of the city, and made available for purchase by the public480 at a reasonable price as fixed by the city council.481 (c) The city council shall cause each ordinance and each amend ment to this charter to be482 printed promptly following its adoption, and the printed ordinances and charter amendments483 shall be made available for purchase by the public at reasonable prices to be fixed by the city484 council. Following publication of the first code under this charter and at all times thereafter,485 the ordinances and charter amendments shall be printed in substantially the same style as the486 code currently in effect and shall be suitable in form for inco rporation therein. The city487 council shall make such further arrangements as deemed desirabl e with reproduction and488 distribution of any current changes in or additions to codes of technical regulations and other489 rules and regulations included in the code.490 H. B. 1205 - 21 - 26 LC 62 0261/AP SECTION 2.19.491 Selection of mayor and mayor pro tem.492 At each regular election the voters of the city shall elect a mayor at large for a term of four493 years. The mayor shall be a qualified elector of this city and shall have been a resident of the494 city for 24 months prior to the election. The mayor shall continue to reside in this city during495 the period of service. The mayor shall forfeit the office on the same grounds and under the496 same procedure as for councilmembers. The compensation of the mayor shall be established497 in the same manner as for councilmembers. The council shall elect from among its members498 a mayor pro tem who shall act as mayor during the absence or di sability of the mayor, but499 shall only vote once on matters before the council, and, if a v acancy occurs, shall become500 mayor for the remainder of the expired term.501 SECTION 2.20.502 Powers and duties of mayor.503 The mayor shall:504 (1) Preside at all meetings of the city council;505 (2) Be the head of the city for the purpose of service of proc ess and for ceremonial506 purposes, and be the official spokesperson for the city and the chief advocate of policy;507 (3) Have power to administer oaths and to take affidavits; 508 (4) Sign as a matter of course on behalf of the city all writt en and approved contracts,509 ordinances and other instruments executed by the city which by law are required to be in510 writing;511 (5) Vote on matters before the city council only in the case of a tie vote;512 (6) Prepare and submit to the city council a recommended annual operating budged and513 recommended capital budget; and514 H. B. 1205 - 22 - 26 LC 62 0261/AP (7) Fulfill such other executive and administrative duties as the city council shall establish515 by ordinance.516 SECTION 2.21.517 Chief executive officer.518 The mayor shall be the chief executive of this city. The mayo r shall possess all of the519 executive and administrative power granted to the city under the Constitution and laws of the520 State of Georgia, and all executive and administrative powers contained in this charter.521 SECTION 2.22.522 Position of mayor pro tem.523 During the absence or physical or mental disability of the mayo r for any cause, the mayor524 pro tem, or in the mayor pro tem's absence or disability for an y reason, any one of the525 councilmembers chosen by a majority vote of the city council, shall be clothed with all the526 rights and privileges of the mayor and shall perform the duties of the office of the mayor so527 long as such absence or disability shall continue. Any such ab sence or disability shall be528 declared by majority vote of all councilmembers. The mayor pro tem or selected529 councilmember shall sign all contracts and ordinances in which the mayor has a disqualifying530 financial interest as provided in Section 2.5. When acting as mayor, the mayor pro tem shall531 continue to have only vote as a member of the council.532 H. B. 1205 - 23 - 26 LC 62 0261/AP ARTICLE III533 ADMINISTRATIVE AFFAIRS534 SECTION 3.1.535 Administrative and service departments.536 (a) Except as otherwise provided in this charter, the city cou ncil, by ordinance, shall537 prescribe the functions or duties, and establish, abolish, alter, consolidate or leave vacant all538 nonelective offices, positions of employment, departments, and agencies of the city, as539 necessary for the proper administration of the affairs and government of this city.540 (b) Except as otherwise provided by this charter or by law, the directors of departments and541 other appointed officers of the city shall be appointed solely on the basis of their respective542 administrative and professional qualifications.543 (c) All appointive officers and directors of departments shall receive such compensation as544 prescribed by ordinance or resolution.545 (d) There shall be a director of each department or agency who shall be its principal officer. 546 Each director shall, subject to the direction and supervision of the mayor, be responsible for547 the administration and direction of the affairs and operations of that director's department or548 agency.549 (e) All appointive officers and directors under the supervisio n of the mayor shall be550 nominated by the mayor with confirmation of appointment by the city council. All551 appointive officers and directors shall be employees at-will an d subject to removal or552 suspension at any time by the mayor unless otherwise provided by law or ordinance.553 H. B. 1205 - 24 - 26 LC 62 0261/AP SECTION 3.2.554 Boards, commissions, and authorities.555 (a) The city council shall create by ordinance such boards, commissions and authorities to556 fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems557 necessary, and shall by ordinance establish the composition, period of existence, duties and558 powers thereof.559 (b) All members of boards, commissions and authorities of the city shall be appointed by the560 city council for such terms of office and in such manner as shall be provided by ordinance,561 except where other appointing authority, terms of office, or ma nner of appointment is562 prescribed by this charter or by law.563 (c) The city council, by ordinance, may provide for the compen sation and reimbursement564 for actual and necessary expenses of the members of any board, commission or authority.565 (d) Except as otherwise provided by charter or by law, no member of any board, commission566 or authority shall hold any elective office in the city.567 (e) Any vacancy on a board, commission or authority of the cit y shall be filled for the568 unexpired term in the manner prescribed in this section for original appointment, except as569 otherwise provided by this charter or by law.570 (f) No member of a board, commission or authority shall assume office until that person has571 executed and filed with the city clerk an oath obligating himself to faithfully and impartially572 perform the duties of that member's office, such oath to be pre scribed by ordinance and573 administered by the mayor.574 (g) All board members serve at-will and may be removed at any time by a vote of three575 members of the city council unless otherwise provided by law. 576 (h) Except as otherwise provided by this charter or by law, ea ch board, commission or577 authority of the city shall elect one of its members as chair a nd one member as vice chair,578 and may elect as its secretary one of its own members or may ap point as secretary an579 H. B. 1205 - 25 - 26 LC 62 0261/AP employee of the city. Each board, commission or authority of t he city government may580 establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances581 of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or582 the conduct of its affairs. Copies of such bylaws, rules and regulations shall be filed with the583 city clerk.584 SECTION 3.3.585 City attorney.586 (a) The city council and mayor shall appoint a city attorney, together with such assistant city587 attorneys as may be authorized, and shall provide for the payme nt of such attorney or588 attorneys for services rendered to the city. The city attorney shall be responsible for589 providing for the representation and defense of the city in all litigation in which the city is590 a party; may be the prosecuting officer in the municipal court; shall attend the meetings of591 the council as directed; shall advise the city council, mayor, and other officers and employees592 of the city concerning legal aspects of the city's affairs; and shall perform such other duties593 as may be required by virtue of the person's position as city attorney.594 (b) The city attorney is not a public official of the city and does not take an oath of office. 595 The city attorney shall at all times be an independent contractor. A law firm, rather than an596 individual, may be designated as the city attorney.597 SECTION 3.4.598 City clerk.599 The city council and mayor shall appoint a city clerk who shall not be a councilmember. The600 city clerk shall be custodian of the official city seal and city records; maintain city council601 H. B. 1205 - 26 - 26 LC 62 0261/AP records required by this charter; and perform such other duties as may be required by the city602 council.603 SECTION 3.5.604 Position classification and pay plans.605 The mayor shall be responsible for the preparation of a position classification and pay plan606 which shall be submitted to the city council for approval. Suc h plan may apply to all607 employees of the city and any of its agencies, departments, boa rds, commissions or608 authorities. When a pay plan has been adopted, the city council shall not increase or decrease609 the salary range applicable to any position except by amendment of such pay plan. For610 purposes of this section, all elected and appointed city officials are not city employees. 611 SECTION 3.6.612 Personnel policies.613 All employees serve at-will and may be removed from office at any time unless otherwise614 provided by ordinance.615 ARTICLE IV 616 MUNICIPAL COURT617 SECTION 4.1.618 Creation; name.619 There shall be a court to be known as the Municipal Court of the City of Yatesville.620 H. B. 1205 - 27 - 26 LC 62 0261/AP SECTION 4.2.621 Chief judge; other judges.622 (a) The municipal court shall be presided over by a chief judge and such part-time, full-time,623 or stand-by judges as shall be provided by ordinance.624 (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless625 that person shall have attained the age of 21 years and shall p ossess all qualifications626 required by law. All judges shall be appointed by the city cou ncil and shall serve until a627 successor is appointed and qualified.628 (c) Compensation of the judges shall be fixed by ordinance.629 (d) Judges shall serve a term and may be removed as provided by general law.630 (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge631 will honestly and faithfully discharge the duties of the office to the best of that person's632 ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of633 the city council.634 SECTION 4.3.635 Convening.636 The municipal court shall be convened at regular intervals as provided by ordinance.637 SECTION 4.4.638 Jurisdiction; powers.639 (a) The municipal court shall have jurisdiction and authority to try and punish violations of640 this charter, all city ordinances, and such other violations as provided by law.641 H. B. 1205 - 28 - 26 LC 62 0261/AP (b) The municipal court shall have authority to punish those i n its presence for contempt,642 provided that such punishment shall not exceed ten days in jail and a fine as authorized by643 law.644 (c) The municipal court may fix punishment for offenses within its jurisdiction not645 exceeding a fine of $1,000.00 or imp risonment for 180 days or b oth such fine and646 imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now,647 or hereafter provided by law.648 (d) The municipal court shall have authority to establish a schedule of fees to defray the cost649 of operation and shall be entitled to reimbursement of the cost of meals, transportation, and650 caretaking of prisoners bound over to superior courts for violations of state law.651 (e) The municipal court shall have authority to establish bail and recognizances to ensure652 the presence of those charged with violations before said court and shall have discretionary653 authority to accept cash or personal or real property as surety for the appearance of persons654 charged with violations. Whenever any person shall give bail for that person's appearance655 and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge656 presiding at such time, and an execution issued thereon by serv ing the defendant and the657 defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the658 event that cash or property is accepted in lieu of bond for sec urity for the appearance of a659 defendant at trial, and if such defendant fails to appear at the time and place fixed for trial,660 the cash so deposited shall be on order of the judge declared f orfeited to the city, or the661 property so deposited shall have a lien against it for the value forfeited which lien shall be662 enforceable in the same manner and to the same extent as a lien for city property taxes.663 (f) The municipal court shall have the same authority as super ior courts to compel the664 production of evidence in the possession of any party; to enfor ce obedience to its orders,665 judgments and sentences; and to administer such oaths as are necessary.666 H. B. 1205 - 29 - 26 LC 62 0261/AP (g) The municipal court may compel the presence of all parties necessary to a proper667 disposal of each case by the issuance of summonses, subpoenas, and warrants which may be668 served as executed by any officer as authorized by this charter or by law.669 (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of670 persons charged with offenses against any ordinance of the city , and each judge of the671 municipal court shall have the same authority as a magistrate of the state to issue warrants672 for offenses against state laws committed within the city.673 SECTION 4.5.674 Rules for court.675 With the approval of the city council, the judge shall have full power and authority to make676 reasonable rules and regulations necessary and proper to secure the efficient and successful677 administration of the municipal court; provided, however, that the city council may adopt in678 part or in toto the rules and regulations applicable to municip al courts. The rules and679 regulations made or adopted shall be filed with the city clerk and shall be available for public680 inspection.681 SECTION 4.6.682 Petitions for review.683 The right to seek petitions for review from the decision and judgment of the municipal court684 shall exist in all criminal cases and ordinance violation cases , and such petitions shall be685 made to the Superior Court of Upson County under the laws of th e State of Georgia686 regulating appeals to the superior courts.687 H. B. 1205 - 30 - 26 LC 62 0261/AP ARTICLE V688 ELECTIONS AND REMOVAL689 SECTION 5.1.690 Applicability of general law.691 All primaries and elections shall be held and conducted in acco rdance with the Georgia692 Election Code (Title 21, Chapter 2 of the O.C.G.A.) as now or hereafter amended. 693 SECTION 5.2.694 Election of city council and mayor.695 (a) There shall be a municipal general election biennially in the odd-numbered years on the696 Tuesday next following the first Monday in November.697 (b) There shall be elected the mayor and two councilmembers at one election and at every698 other regular election thereafter. The remaining city council seats shall be filled at the699 election alternating with the first election so that a continuing body is created. Terms shall700 be for four years.701 SECTION 5.3.702 Nonpartisan elections.703 Political parties shall not conduct primaries for city offices and all names of candidates for704 city offices shall be listed without party designations.705 H. B. 1205 - 31 - 26 LC 62 0261/AP SECTION 5.4.706 Election by plurality.707 The person receiving a plurality of the votes cast for any city office shall be elected.708 SECTION 5.5.709 Special elections; vacancies.710 In the event that the office of mayor or councilmember shall become vacant as provided in711 Section 2.3 of this charter, the city council or those remaining shall order a special election712 to fill the balance of the unexpired term of such official; provided, however, if such vacancy713 occurs within 12 months of the expiration of the term of that office, the city council or those714 remaining shall appoint a successor for the remainder of the term. In all other respects, the715 special election shall be held and conducted in accordance with the Georgia Election Code,716 Chapter 2 of Title 21 of the O.C.G.A., as now or hereafter amended.717 SECTION 5.6.718 Other provisions.719 .720 Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe721 such rules and regulations it deems appropriate to fulfill any options and duties under the722 Georgia Election Code.723 H. B. 1205 - 32 - 26 LC 62 0261/AP SECTION 5.7.724 Removal of officers.725 (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall726 be removed from office for any one or more of the causes provid ed in Title 45 of the727 O.C.G.A., or such other applicable laws as are or may hereafter be enacted.728 (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished729 by one of the following methods:730 (1) Following a hearing at which an impartial panel shall render a decision. In the event731 an elected officer is sought to be removed by the action of the city council, such officer732 shall be entitled to a written notice specifying the ground or grounds for removal and to a733 public hearing which shall be held not less than ten (10) days after the service of such734 written notice. The city council shall provide by ordinance for the manner in which such735 hearings shall be held. Any elected officer sought to be removed from office as provided736 in this section shall have the right of appeal from the decisio n of the city council to the737 Superior Court of Upson County. Such appeal shall be governed by the same rules as738 govern appeals to the superior court from the probate court.739 (2) By an order of the Superior Court of Upson County following a hearing on a complaint740 seeking such removal brought by any resident of the City of Yatesville.741 H. B. 1205 - 33 - 26 LC 62 0261/AP ARTICLE VI742 FINANCE743 SECTION 6.1.744 Property tax.745 The city council may assess, levy and collect an ad valorem tax on all real and personal746 property within the corporate limits of the city that is subject to such taxation by the state and747 county. This tax is for the purpose of raising revenues to defray the costs of operating the748 city government, of providing governmental services, for the re payment of principal and749 interest on general obligations, and for any other public purpo se as determined by the city750 council in its discretion.751 SECTION 6.2.752 Millage rate; due dates; payment methods.753 The city council, by ordinance, shall establish a millage rate for the city property tax, a due754 date, and the time period within wh ich these taxes must be paid . The city council, by755 ordinance, may provide for the payment of these taxes by two installments or in one lump756 sum, as well as authorize the voluntary payment of taxes prior to the time when due.757 SECTION 6.3.758 Occupation and business taxes.759 The city council by ordinance shall have the power to levy such occupation or business taxes760 as are not denied by law. The city council may classify busine sses, occupations or761 H. B. 1205 - 34 - 26 LC 62 0261/AP professions for the purpose of such taxation in any way which m ay be lawful and may762 compel the payment of such taxes as provided in Section 6.9.763 SECTION 6.4.764 Regulatory fees; permits.765 The city council by ordinance shall have the power to require b usinesses or practitioners766 doing business within this city to obtain a permit for such act ivity from the city and pay a767 reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect768 the total cost to the city of regulating the activity, and if u npaid, shall be collected as769 provided in Section 6.9.770 SECTION 6.5.771 Franchises.772 (a) The city council shall have the power to grant franchises for the use of this city's streets773 and alleys for the purposes of railroads, street railways, tele phone companies, electric774 companies, electric membership corporations, cable television and other telecommunications775 companies, gas companies, transportation companies and other similar organizations. The776 city council shall determine the duration, terms, whether the s ame shall be exclusive or777 nonexclusive, and the consideration for such franchises; provid ed, however, no franchise778 shall be granted for a period in excess of 35 years and no franchise shall be granted unless779 the city receives just and adequate compensation therefor. The city council shall provide for780 the registration of all franchises with the city clerk in a reg istration book kept by the city781 clerk. The city council may provide by ordinance for the regis tration within a reasonable782 time of all franchises previously granted.783 H. B. 1205 - 35 - 26 LC 62 0261/AP (b) If no franchise agreement is in effect, the city council has the authority to impose a tax784 on gross receipts for the use of this city's streets and alleys for the purposes of railroads,785 street railways, telephone companies, electric companies, electric membership corporations,786 cable television and other telecommunications companies, gas co mpanies, transportation787 companies and other similar organizations.788 SECTION 6.6.789 Service charges.790 The city council by ordinance shall have the power to assess an d collect fees, charges,791 assessments, and tolls for sewers, sanitary and health services, or any other services provided792 or made available within and without the corporate limits of the city. If unpaid, such charges793 shall be collected as provided in Section 6.9.794 SECTION 6.7.795 Special assessments.796 The city council by ordinance shall have the power to assess an d collect the cost of797 constructing, reconstructing, widening, or improving any public way, street, sidewalk,798 curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property799 owners. If unpaid, such charges shall be collected as provided in Section 6.9.800 H. B. 1205 - 36 - 26 LC 62 0261/AP SECTION 6.8.801 Construction; other taxes and fees.802 This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,803 and the specific mention of any right, power or authority in this article shall not be construed804 as limiting in any way the general powers of this city to govern its local affairs.805 SECTION 6.9.806 Collection of delinquent taxes and fees.807 The city council, by ordinance, may provide generally for the collection of delinquent taxes,808 fees, or other revenue due the city under Sections 6.1 through 6.8 by whatever reasonable809 means as are not precluded by law. This shall include providing for the dates when the taxes810 or fees are due; late penalties or interest; issuance and execu tion of fi.fa.'s; creation and811 priority of liens; making delinquent taxes and fees personal debts of the persons required to812 pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees;813 and providing for the assignment or transfer of tax executions.814 SECTION 6.10.815 General obligation bonds.816 The city council shall have the power to issue bonds for the pu rpose of raising revenue to817 carry out any project, program or venture authorized under this charter or the laws of the818 state. Such bonding authority shall be exercised in accordance with the laws governing bond819 issuance by municipalities in effect at the time said issue is undertaken.820 H. B. 1205 - 37 - 26 LC 62 0261/AP SECTION 6.11.821 Revenue bonds.822 Revenue bonds may be issued by the city council as state law no w or hereafter provides. 823 Such bonds are to be paid out of any revenue produced by the pr oject, program or venture824 for which they were issued.825 SECTION 6.12.826 Short-term loans.827 The city may obtain short-term loans and must repay such loans not later than December 31828 of each year, unless otherwise provided by law.829 SECTION 6.13.830 Lease-purchase contracts.831 The city may enter into multiyear lease, purchase or lease purc hase contracts for the832 acquisition of goods, materials, real and personal property, services, and supplies provided833 the contract terminates without further obligation on the part of the municipality at the close834 of the calendar year in which it was executed and at the close of each succeeding calendar835 year for which it may be renewed. Contracts must be executed i n accordance with the836 requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are837 or may hereafter be enacted.838 H. B. 1205 - 38 - 26 LC 62 0261/AP SECTION 6.14.839 Fiscal year.840 The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the841 budget year and the year for financial accounting and reporting of each and every office,842 department, agency and activity of the city government unless otherwise provided by state843 or federal law.844 SECTION 6.15.845 Preparation of budgets.846 The city council shall provide an ordinance on the procedures a nd requirements for the847 preparation and execution of an annual operating budget, a capital improvement plan and a848 capital budget, including requirements as to the scope, content and form of such budgets and849 plans.850 SECTION 6.16.851 Submission of operating budget to city council.852 On or before a date fixed by the city council but not later than 45 days prior to the beginning853 of each fiscal year, the mayor shall submit to the city council a proposed operating budget854 for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor855 containing a statement of the general fiscal policies of the city, the important features of the856 budget, explanations of major changes recommended for the next fiscal year, a general857 summary of the budget, and such other pertinent comments and information. The operating858 budget and the capital budget provided for in this section, the budget message, and all859 H. B. 1205 - 39 - 26 LC 62 0261/AP supporting documents shall be filed in the office of the city clerk and shall be open to public860 inspection.861 SECTION 6.17.862 Action by city council on budget.863 (a) The city council may amend the operating budget proposed by the mayor; except that the864 budget as finally amended and adopted must provide for all expenditures required by state865 law or by other provisions of this charter and for all debt service requirements for the ensuing866 fiscal year, and the total appropriations from any fund shall n ot exceed the estimated fund867 balance, reserves, and revenues.868 (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal869 year not later than the thirtieth day of March of each year. If the city council fails to adopt870 the budget by this date, the amounts appropriated for operation for the current fiscal year871 shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items872 prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal873 year. Adoption of the budget shall take the form of an appropriations ordinance setting out874 the estimated revenues in detail by sources and making appropriations according to fund and875 by organizational unit, purpose, or activity as set out in the budget preparation ordinance876 adopted pursuant to Section 6.15.877 (c) The amount set out in the adopted operating budget for eac h organizational unit shall878 constitute the annual appropriation for such, and no expenditur e shall be made or879 encumbrance created in excess of the otherwise unencumbered balance of the appropriations880 or allotment thereof, to which it is chargeable.881 H. B. 1205 - 40 - 26 LC 62 0261/AP SECTION 6.18.882 Tax levies.883 The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates884 set by such ordinances shall be such that reasonable estimates of revenues from such levy885 shall at least be sufficient, together with other anticipated r evenues, fund balances and886 applicable reserves, to equal the total amount appropriated for each of the several funds set887 forth in the annual operating budget for defraying the expenses of the general government888 of this city.889 SECTION 6.19.890 Changes in appropriations.891 The city council by ordinance may make changes in the appropria tions contained in the892 current operating budget, at any regular meeting, special or em ergency meeting called for893 such purpose, but any additional appropriations may be made onl y from an existing894 unexpended surplus.895 SECTION 6.20.896 Capital budget.897 (a) On or before the date fixed by the city council but no lat er than 45 days prior to the898 beginning of each fiscal year, the mayor shall submit to the city council a proposed capital899 improvements plan with a recommended capital budget containing the means of financing900 the improvements proposed for the ensuing fiscal year. The city council shall have power901 to accept, with or without amendments, or reject the proposed p lan and proposed budget. 902 The city council shall not authorize an expenditure for the con struction of any building,903 H. B. 1205 - 41 - 26 LC 62 0261/AP structure, work or improvement, unless the appropriations for such project are included in904 the capital budget, except to meet a public emergency as provided in Section 2.16.905 (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal906 year not later than the thirtieth day of March of each year. No appropriation provided for in907 a prior capital budget shall lapse until the purpose for which the appropriation was made908 shall have been accomplished or abandoned; provided, however, t he mayor may submit909 amendments to the capital budget at any time during the fiscal year, accompanied by910 recommendations. Any such amendments to the capital budget shall become effective only911 upon adoption by ordinance.912 SECTION 6.21.913 Independent audit.914 There shall be an annual independent audit of all city accounts , funds and financial915 transactions by a certified public accountant selected by the city council. The audit shall be916 conducted according to generally accepted auditing principles. Any audit of any funds by917 the state or federal government may be accepted as satisfying t he requirements of this918 section. Copies of annual audit reports shall be available at printing costs to the public.919 SECTION 6.22.920 Contracting procedures.921 No contract with the city shall be binding on the city unless:922 (1) It is in writing;923 (2) It is drawn by or submitted to and reviewed by the city at torney, and as a matter of924 course, is signed by the city attorney to indicate such drafting or review; and925 H. B. 1205 - 42 - 26 LC 62 0261/AP (3) It is made or authorized by the city council and such app roval is entered in the city926 council journal of proceedings pursuant to Section 2.13.927 SECTION 6.23.928 Centralized purchasing.929 The city council shall by ordinance prescribe procedures for a system of centralized930 purchasing for the city.931 SECTION 6.24.932 Sale and lease of city property.933 (a) The city council may sell and convey, or lease any real or personal property owned or934 held by the city for governmental or other purposes as now or hereafter provided by law.935 (b) The city council may quitclaim any rights it may have in property not needed for public936 purposes upon report by the mayor and adoption of a resolution, both finding that the937 property is not needed for public or other purposes and that th e interest of the city has no938 readily ascertainable monetary value.939 (c) Whenever in opening, extending or widening any street, avenue, alley or public place of940 the city, a small parcel or tract of land is cut-off or separated by such work from a larger tract941 or boundary of land owned by the city, the city council may authorize the mayor to sell and942 convey said cut-off or separated parcel or tract of land to an abutting or adjoining property943 owner or owners where such sale and conveyance facilitates the enjoyment of the highest and944 best use of the abutting owner's property. Included in the sales contract shall be a provision945 for the rights-of-way of said street, avenue, alley or public p lace. Each abutting property946 owner shall be notified of the availability of the property and given the opportunity to947 purchase said property under such terms and conditions as set out by ordinance. All deeds948 H. B. 1205 - 43 - 26 LC 62 0261/AP and conveyances heretofore and hereafter so executed and delivered shall convey all title and949 interest the city has in such property, notwithstanding the fac t that no public sale after950 advertisement was or is hereafter made.951 ARTICLE VII952 GENERAL PROVISIONS953 SECTION 7.1.954 Bonds for officials.955 The officers and employees of this city, both elective and appo intive, shall execute such956 surety or fidelity bonds in such amounts and upon such terms an d conditions as the city957 council shall from time to time require by ordinance or as may be provided by law.958 SECTION 7.2.959 Prior ordinances.960 All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent961 with this charter are hereby declared valid and of full effect and force until amended or962 repealed by the city council.963 SECTION 7.3.964 Existing personnel and officers.965 Except as specifically provided otherwise by this charter, all personnel and officers of the966 city and their rights, privileges and powers shall continue beyond the time this charter takes967 effect for a period of 180 days before or during which the existing city council shall pass a968 H. B. 1205 - 44 - 26 LC 62 0261/AP transition ordinance detailing the changes in personnel and appointive officers required or969 desired and arranging such titles, rights, privileges and powers as may be required or desired970 to allow a reasonable transition.971 SECTION 7.4.972 Pending matters.973 Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,974 contracts and legal or administrative proceedings shall continue and any such ongoing work975 or cases shall be completed by such city agencies, personnel or offices as may be provided976 by the city council.977 SECTION 7.5.978 Construction.979 (a) Section captions in this charter are informative only and are not to be considered as a part980 thereof.981 (b) The word "shall" is mandatory and the word "may" is permissive.982 (c) The singular shall include the plural, the masculine shall include the feminine, and vice983 versa.984 SECTION 7.6.985 Severability.986 If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be987 held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect988 or impair other parts of this charter unless it clearly appears that such other parts are wholly989 H. B. 1205 - 45 - 26 LC 62 0261/AP and necessarily dependent upon the part held to be invalid or unconstitutional, it being the990 legislative intent in enacting this charter that each article, section, subsection, paragraph,991 sentence or part thereof be enacted separately and independent of each other.992 ARTICLE VIII993 Effective date.994 This Act shall become effective on July 1, 2026.995 ARTICLE IX996 Repealer.997 All laws and parts of laws in conflict with this Act are repealed.998 H. B. 1205 - 46 -